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HomeMy WebLinkAboutMinutes - 1999.05.13 - 8270 179 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES May 13, 1999 Meeting called to order by Chairperson John McCulloch at 10:06 A.M. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Amos, Appel, Causey-Mitchell, Colasanti, Coleman, Devine, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Suarez, Taub. (24) ABSENT: Sever (with notice). (1) Quorum present. Invocation given by Commissioner Patterson. Pledge of Allegiance to the Flag. Moved by Taub supported by Palmer the minutes of the April 15, 1999 and April 29, 1999 Board meetings be approved. A sufficient majority having voted therefor, the minutes were approved, as printed. Moved by Devine supported by Coleman the rules be suspended and the agenda be amended, as follows: ITEM ON PRINTED AGENDA FINANCE COMMITTEE b. Facilities Management - Authorization and Funding Request for Demolition of Former Michigan State Police Post (Reason for suspension of Finance Committee, item b: Waiver of Rule XII.C. - Direct Referral to Finance Committee) ITEM NOT ON PRINTED AGENDA PLANNING AND BUILDING COMMITTEE b. Miscellaneous Resolution #99088 - Island Name Change - Hubbell=s Island to Hansen Island - Highland Township (Reason for suspension of Planning and Building Committee, item b: Waiver of Rule III. - Items for Printed Board Agenda) AYES: Amos, Appel, Causey-Mitchell, Colasanti, Coleman, Devine, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Suarez, Taub. (24) NAYS: None. (0) A sufficient majority having voted therefor, the motion to suspend the rules and amend the agenda carried. County Clerk G. William Caddell read a communication from L. Brooks Patterson, County Executive, reappointing Tom Schellenberg and Ted Dziurman to the Board of Directors of the Economic Development Corporation Commissioners Minutes Continued. May 13, 1999 180 for six year terms ending in 2005. There being no objections, the appointments were confirmed. Commissioner Fran Amos presented a Community Mental Health update. Kay Risen, Government Partnership Specialist from the U.S. Census Bureau, gave a brief presentation on the 2000 Census and encouraged everyone to form Complete Count Committees in their communities to improve participation in the census response. Commissioner Donald Jensen presented a proclamation of commendation to Cathy Weiss, Executive Director of the Oakland County Literary Council, in appreciation of her outstanding efforts and dedication to combat illiteracy. The Chairperson made the following statement A Public Hearing is now called on Miscellaneous Resolution #99088, Island Name Change - Hubbell=s Island to Hansen Island - Highland Township. Are there any persons who wish to speak? No persons requested to speak and the Chairperson declared the Public Hearing closed. MISCELLANEOUS RESOLUTION #99109 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: GENERAL APPROPRIATIONS ACT TO INCLUDE DECENNIAL CENSUS AMENDMENT IN SECTION 21(g) - ENVIRONMENTAL INFRASTRUCTURE FUND 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/$25 million fund to assist cities, villages and townships (CVTs) in their local environmental and infrastructure needs; and WHEREAS the allocation to each CVT of the annual appropriation has been established through the annual General Appropriations Act, in Section 21.(g), passed by the Board of Commissioners, from funds within Delinquent Tax Revolving Fund; and WHEREAS the formula for such allocation is based on 50% of the percentage of each CVT=s State taxable value (STV) to the County=s total taxable value for the most recently completed assessment year, and 50% on the percentage of each CVT=s population, to the County=s total population based on the most recently completed census; and WHEREAS many of the County=s growing communities have elected to fund a mid-decade census, and would like to have their most recent population figures used in such formula calculations. NOW THEREFORE BE IT RESOLVED that the General Appropriations Act is hereby amended in Section 21.(g) to read: (g) Annually, from Fiscal Year 1999 through Fiscal Year 2003, $5,000,000.00 will be transferred from the Delinquent Tax Revolving Fund to the General Fund to allow for the establishment of an Environmental Infrastructure Fund (#263). These funds will then be allocated and transferred from the General Fund Operating Transfer account (#90-310000-41000-8001) to the Environmental Infrastructure Fund. The allocation of the Environmental Infrastructure Fund to local cities, villages and townships (CVTs) will be based upon criteria established by the Board of Commissioners. The total allocation, however, to any approved CVT will coincide with an allocation which is based on 50% of the percentage of each CVT=s State taxable value (STV) to the County=s total taxable value for the most recently completed assessment year, and 50% on the percentage of each CVT=s population, to the County=s total population based on the most recently completed Decennial Census. Chairperson, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Moved by Douglas supported by Coleman the resolution be adopted. Discussion followed. Commissioners Minutes Continued. May 13, 1999 181 AYES: Appel, Causey-Mitchell, Coleman, Devine, Douglas, Gregory, Jensen, McCulloch, Melton, Moffitt, Palmer, Suarez, Amos. (13) NAYS: Colasanti, Dingeldey, Galloway, Garfield, Law, McPherson, Millard, Obrecht, Patterson, Schmid, Taub. (11) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #99110 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: FACILITIES MANAGEMENT - AUTHORIZATION AND FUNDING REQUEST FOR DEMOLITION OF FORMER MICHIGAN STATE POLICE POST To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan State Police vacated their forty (40) year old facility on the Oakland County Service Center in April, 1997; and WHEREAS the prior lease agreement with the State of Michigan for the site transferred ownership of this facility to Oakland County when the facility was vacated; and WHEREAS projected renovations, repairs and improvements to bring this facility up to current codes and standards are in excess of $250,000; and WHEREAS the cost of needed renovations, repairs and improvements are not cost effective; and WHEREAS it is recommended the facility be demolished, site restored and work be performed by in-house staff and outside contractors obtained through the Purchasing Division; and WHEREAS the estimated total project cost, including contingency, for the demolition and site restoration of the former Michigan State Police Post is $53,000; and WHEREAS funding in the amount of $53,000 is available in the 1999 Capital Improvement Program in the building projects section. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the demolition and site restoration of the former Michigan State Police Post. BE IT FURTHER RESOLVED that the funds in the amount of $53,000, available in the Capital Improvement Fund (401), be transferred to the Project Work Order Fund (404). BE IT FURTHER RESOLVED that the FM&O Administration budget be amended as follows: Building Improvement Fund #401 FY 1999 3-14-210006-10000-8001 Oper. Transf. Out ($53,000) Project Work Order Fund #404 3-14-310007-80030-1701 Oper. Transf. In $53,000 Total $ 0 Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE REPORT (Misc. #99110) BY: Planning and Building Committee, Charles Palmer, Chairperson IN RE: AUTHORIZATION AND FUNDING REQUEST FOR DEMOLITION OF FORMER MICHIGAN STATE POLICE POST To the Oakland County Finance Committee Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the need to demolish, remove and site restoration of the former Michigan State Police Post and the Department of Facilities Management report dated May 4, 1999, recommends approval of the project. The Committee further recommends funding for the total project cost of $53,000 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 Commissioners Minutes Continued. May 13, 1999 182 Copy of Authorization and Funding Request for Demolition of Former Michigan State Police Post on file in County Clerk=s office. Moved by Douglas supported by Amos the Planning and Building Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Douglas supported by Amos the resolution be adopted. AYES: Causey-Mitchell, Colasanti, Coleman, Devine, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Palmer, Patterson, Schmid, Suarez, Taub, Amos, Appel. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. REPORT (Misc. #99093) BY: General Government Committee, Shelley G. Taub, Chairperson IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND DISBURSEMENT POLICY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above-mentioned resolution on May 3, 1999, recommends to the Oakland County Board of Commissioners the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE REPORT (Misc. #99093) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND DISBURSEMENT POLICY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above-referenced resolution on May 6, 1999, reports with the recommendation that the resolution be adopted with an amendment to the BE IT FURTHER RESOLVED paragraph, enumerated item 14), to strike the word Annual from the paragraph as shown. 14) Annual Environmental Infrastructure Fund appropriation decisions shall be made by the Board of Commissioners based upon the best interests of the County and the needs of its citizens. The Board of Commissioners expressly reserves the right to terminate the Environmental Infrastructure Fund project at any time they, in their sole discretion, believe it to be in the best interest of the County at large. Chairperson, on behalf of the Finance Committee, I move the acceptance of the foregoing report. FINANCE COMMITTEE MISCELLANEOUS RESOLUTION #99093 BY: Nancy Dingeldey, District #11; John P. McCulloch, District #22 IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND DISBURSEMENT 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; and WHEREAS the population in Oakland County has increased from 396,000 in 1950 to 1.2 million in 1998; and WHEREAS this development within Oakland County has stressed drain and sewer capacities creating potentially hazardous conditions affecting public health and the environment; and WHEREAS Oakland County will continue to work with the Federal and State of Michigan governments to increase the share of dollars flowing into infrastructure projects for the County and its cities, villages and townships (CVTs); and Commissioners Minutes Continued. May 13, 1999 183 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 storm water safety requirements; and WHEREAS the County of Oakland has indicated its intent to transfer $5.0 million annually for five years from the County=s Delinquent Tax Revolving Fund into an Environmental Infrastructure Fund to assist CVTs in addressing clean water and storm water needs; and WHEREAS the portion of the annual Environmental Infrastructure Fund appropriation available upon proper application to each Oakland County CVT has been established by formula set forth in the 1999 General Appropriations Act adopted by the Board of Commissioners. NOW THEREFORE BE IT RESOLVED that CVT project expenses eligible for reimbursement from the Environmental Infrastructure Fund are limited to those CVT expenses that the County is authorized by law to financially support and are limited to expenses incurred in connection with environmental remediations or improvements relating to ground and/or surface water, water supply, sewer and/or drainage systems. Additionally, water pollution control efforts incurred as part of CVT road projects shall be eligible for reimbursement as provided herein. BE IT FURTHER RESOLVED that the following process shall be followed in seeking reimbursement: 1) The Environmental Infrastructure Fund established by the Board of Commissioners shall be maintained by the Department of Management and Budget, Fiscal Services Division as a separate fund to be utilized to help protect the health, safety and welfare of the people of Oakland County. 2) Each CVT shall submit project expense reimbursement requests to the Fiscal Services Division, which shall be reported to the Board of Commissioners. Requests shall state the project purpose and scope, estimated costs, including any support detail, to insure compliance with policies established for fund disbursements. 3) In order to secure an Environmental Infrastructure Fund funding commitment at the outset of a project (pre-project authorization), a CVT may, utilizing the procedures set forth herein, request reimbursement authorization prior to project completion with the understanding that the actual disbursement of funds shall not occur until after a CVT demonstrates that it has actually incurred the expenses eligible for reimbursement under this resolution. 4) The Fiscal Services Division shall maintain accounts within the Environmental Infrastructure Fund for each Oakland County CVT. Utilizing the appropriate formula adopted by the Board of Commissioners, the accounts shall reflect the amount of the total annual Environmental Infrastructure Fund appropriation(s) apportioned to each CVT, less any authorized disbursements. At least annually, the Fiscal Services Division shall report the status of the Environmental Infrastructure Fund to the Board of Commissioners. 5) Each CVT request for reimbursement of eligible expenses shall be accompanied by a resolution authorizing the reimbursement request adopted by the CVT=s legislative board or council. 6) CVT=s shall direct all requests for reimbursement of amounts expended or to be expended by the CVT in connection with project expenses eligible for reimbursement to the Fiscal Services Division. 7) The Fiscal Services Division shall notify the County Commissioner(s) representing a CVT of receipt of the reimbursement request. Fiscal Services shall process the reimbursement request and recommend to the General Government and Finance Committees of the Board of Commissioners the approval of a disbursement request that is supported by an existing Board of Commissioner appropriation and meets the requirements of law and this resolution. 8) In addition to providing a copy of the governing body=s adopted resolution authorizing the reimbursement request, CVT=s shall support their reimbursement request by providing Fiscal Services with documentation sufficient to allow the Division to ascertain that the reimbursement requested complies with Board of Commissioner Commissioners Minutes Continued. May 13, 1999 184 approved policies for the Environmental Infrastructure Fund and is otherwise authorized by law. 9) Recognizing that Michigan law imposes differing voting requirements for authorizing County financial participation in projects eligible for reimbursement under this resolution, no CVT shall receive any disbursement from the Environmental Infrastructure Fund until their authorized request has been approved for disbursement by the Board of Commissioners, via a resolution sponsored by the Commissioner(s) representing the CVT and adopted by the affirmative voting margin required by law. 10) The Environmental Infrastructure Fund shall not be used for CVT bonding. 11) All undisbursed Environmental Infrastructure Fund amounts apportioned to a particular CVT shall be carried forward into the following fiscal year and shall remain available to the particular CVT upon proper application. It is the intent of the Board of Commissioners to appropriate Environmental Infrastructure Funds in Fiscal Years 1999-2000, 2000-2001, 2001-2002, 2002-2003 and 2003-2004. 12) Any undisbursed amount(s) remaining after the Fiscal Year 2004-2005 time period shall be returned to the Delinquent Tax Revolving Fund, except that reimbursements authorized under Section 3 above (pre-project authorization), by application filed not later than September 30, 2004, shall be maintained in the Environmental Infrastructure Fund until finally disbursed in accordance with the procedures set forth herein. 13) Prior to the time the full Board of Commissioners authorizes a particular disbursement as provided herein, nothing in this resolution creates or is intended to create any binding obligation or duty on behalf of the County to appropriate funds for the Environmental Infrastructure Fund in any fiscal year or creates or is intended to create any binding obligation or duty on behalf of the County to fund or participate in funding any particular CVT project. 14) Annual Environmental Infrastructure Fund appropriation decisions shall be made by the Board of Commissioners based upon the best interests of the County and the needs of its citizens. The Board of Commissioners expressly reserves the right to terminate the Environmental Infrastructure Fund project at any time they, in their sole discretion, believe it to be in the best interest of the County at large. Chairperson, I move the adoption of the foregoing resolution. Nancy Dingeldey, John P. McCulloch Moved by Taub supported by Suarez the General Government Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Taub supported by Suarez the Finance Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Taub supported by Suarez the resolution be adopted. Moved by Taub supported by Suarez the resolution be amended to coincide with the recommendation in the Finance Committee Report. A sufficient majority having voted therefor, the amendment carried. Vote on resolution, as amended: Commissioners Minutes Continued. May 13, 1999 185 AYES: Colasanti, Coleman, Devine, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Suarez, Taub, Amos, Appel, Causey-Mitchell. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, as amended, was adopted. MISCELLANEOUS RESOLUTION #99111 BY: General Government Committee, Shelley G. Taub, Chairperson IN RE: (SUPPORT) SENATE BILL 96, CIVIL COMMITMENT FOR VIOLENT PREDATORS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS there are those within our society who are predisposed to commit violent offenses against others and who, no matter the treatment or punishment, will remain a menace to the health and safety of others; and WHEREAS Senate Bill 96, introduced by Senator Van Regenmorter, seeks to protect society from convicted violent predators who, because of a mental abnormality or personality disorder, continue to be a threat to society, by providing for a review of each individual criminally sentenced for violent offenses prior to their release; and WHEREAS such legislation would amend the Mental Health Code to establish procedures for the civil commitment of individuals determined to be a person likely to engage in habitual predatory acts of violence. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby support Senate Bill 96 for the protection of our citizens. BE IT FURTHER RESOLVED that funding for this effort does not come from the Community Mental Health budget but is funded separately by the Department of Corrections. BE IT FURTHER RESOLVED that copies of this adopted resolution be forwarded to Oakland County State legislators, Senator Van Regenmorter and the County=s legislative lobbyists. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Moved by Taub supported by Moffitt the resolution be adopted. AYES: Coleman, Devine, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Suarez, Taub, Amos, Appel, Causey-Mitchell, Colasanti. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #99101 BY: Personnel Committee, Thomas A. Law, Chairperson IN RE: RETIREMENT HEALTH CARE BENEFITS FOR EMPLOYEES IN THE DEFINED BENEFIT RETIREMENT PLAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution #94292, adopted by the Board of Commissioners on October 27, 1994 and signed by County Executive L. Brooks Patterson on November 3, 1994, defines retirement health coverage for all employees; and WHEREAS Miscellaneous Resolution #94292 states the level of retirement health coverage is determined by the date of hire and number of years of actual service; and WHEREAS the intent of Miscellaneous Resolution #94292 was to provide employees choosing to transfer to the Defined Contribution Retirement Plan no loss of retirement health coverage; and WHEREAS an inconsistency has been found in the retirement health coverage for named beneficiaries between Defined Benefit and Defined Contribution Retirement plan participants; and Commissioners Minutes Continued. May 13, 1999 186 WHEREAS eliminating this inconsistency may benefit the named beneficiaries and dependent children of long term employees; and WHEREAS on September 26, 1996, the Oakland County Employees= Retirement Board recommended this Board amend Miscellaneous Resolution #94292 to provide health coverage for named beneficiaries after the retirement allowance stops for all options of the Defined Benefit Retirement Plan; and WHEREAS this recommendation was analyzed by the actuarial firm of Gabriel, Roeder, Smith and Company; and WHEREAS the actuary reported there is no need to appropriate funds to implement this change. NOW THEREFORE BE IT RESOLVED that Miscellaneous Resolution #94292 be amended as follows: Defined Benefit Plan - Retirement health care covers the employee and their spouse of record at the time of retirement, both for their lifetime. If the retiree dies, the spouse will continue to receive health coverage as long as the spouse was the spouse of record at the time of retirement and was covered by the retiree=s health plan at the time of the retiree=s death. If the surviving spouse were to remarry, the new spouse could not be added to the County health care plan. A subsequent spouse of the retiree can be added to the retiree=s health plan but would not be eligible for health coverage upon the retiree=s death. Dependent children of the retiree are eligible for continued health coverage after the retiree=s death if they were covered by the retiree=s health plan at the time of death and continue as dependents under the spouse who was the spouse of record at the time of retirement, subject to the requirements of the health plan. In the case where a spouse of record is not named at the time of retirement, but a dependent child is named for health coverage, the dependent child will be eligible for continued health coverage upon the retiree=s death through the end of the year in which they have their 25th birthday, if they were covered by the retiree=s health plan at the time of death. Children of the retiree whether natural, adopted or for which the retiree is the legal guardian or provides principal support who were not covered under the retiree=s health plan at the time of retirement may be added at a later date. A surviving spouse may not subsequently add children to the health care coverage. Chairperson, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE FISCAL NOTE (Misc. #99101) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: RETIREMENT HEALTH CARE BENEFITS FOR EMPLOYEES IN THE DEFINED BENEFIT RETIREMENT PLAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: 1. The resolution amends Miscellaneous Resolution #94292, which defines retirement health care coverage for all employees, by providing health coverage for named beneficiaries after the retirement allowance stops for all options of the Defined Benefit Retirement Plan. 2. The proposed change affects future retirements from the Defined Benefit Retirement Plan and eliminates an inconsistency between Defined Benefit and Defined Contribution Retirement Plan participants in retirement health coverage for named beneficiaries. 3. The change was analyzed by the actuarial firm of Gabriel, Roeder, Smith and Company which reported there is no need to appropriate funds to implement this change. Funding will be provided in future actuarially-determined contributions to the Retiree=s Health Care Trust to cover the proposed change. FINANCE COMMITTEE Moved by Law supported by Gregory the resolution be adopted. Commissioners Minutes Continued. May 13, 1999 187 Moved by Millard supported by Coleman the resolution be amended to add a BE IT FURTHER RESOLVED paragraph stating that the resolution be made effective retroactive to September 26, 1996. Discussion followed. After much discussion, Commissioner Millard withdrew his motion and Commissioner Coleman withdrew his support. Moved by Millard supported by Coleman the resolution be referred back to the Personnel and Finance Committees. A sufficient majority having voted therefor, the motion carried and the resolution was referred back to the Personnel and Finance Committees. MISCELLANEOUS RESOLUTION #99102 BY: Personnel Committee, Thomas A. Law, Chairperson IN RE: PERSONNEL DEPARTMENT - 1999-2001 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY TEAMSTERS LOCAL 214 (JAIL CLINIC NURSES) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland and Teamsters Local 214 have been negotiating a labor agreement covering approximately 14 employees; and WHEREAS a 3-year agreement has been reached for the period January 1, 1999 through September 30, 2001; and WHEREAS the agreement has been reduced to writing and reviewed by your Personnel Committee, which recommends approval of the agreement; and WHEREAS the agreement is based on a 3% increase, effective September 26, 1998, and a me too salary adjustment for Fiscal Year 2000 and 2001. NOW THEREFORE BE IT RESOLVED that the proposed agreement between the County of Oakland and employees represented by Teamsters Local 214, covering the period of January 1, 1999 through September 30, 2001, is approved and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement, as attached. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE Copy of Collective Bargaining Agreement, 1999-2001, between The County of Oakland and Teamsters, State, County and Municipal Workers, Local 214, (Jail Health Program Nurses) on file in County Clerk=s office. FISCAL NOTE (Misc. #99102) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: PERSONNEL DEPARTMENT - 1999-2001 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY TEAMSTERS LOCAL 214 (JAIL CLINIC NURSES) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: 1) The County of Oakland and Teamsters Local 214 have negotiated a labor agreement covering approximately 14 Jail Clinic Nurses in the Health Division. 2) This is a three-year agreement for the period January 1, 1999 through September 30, 2001. 3) The agreement includes a 3.0% salary increase for Fiscal Year 1999 effective September 26, 1998, and a me too salary adjustment with non-represented employees for Fiscal Year 2000 and Fiscal Year 2001. 4) The effect on Fiscal Year 1999 is an increase of $35,048 in salaries and an increase of $11,587 in fringe benefits. 5) There are sufficient funds in the Health Division=s budget to cover the increase; therefor, no budget amendment is required. Commissioners Minutes Continued. May 13, 1999 188 6) The agreement also increases the personal mileage rate to $.325 (thirty-two and a half cents) effective with the ratification of this agreement; no budget amendment is required. 7) The budgets for Fiscal Year 2000 and Fiscal Year 2001 will be adjusted by the amount of wage increase granted by the Board of Commissioners to non-represented employees. FINANCE COMMITTEE Moved by Law supported by Causey-Mitchell the resolution be adopted. AYES: Devine, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Suarez, Taub, Amos, Appel, Causey-Mitchell, Colasanti, Coleman. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #99112 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: CERTIFICATION OF AVAILABLE DISPOSAL CAPACITY ACT 451 NON-HAZARDOUS SOLID WASTES SPRING, 1999 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County's 1994 Amendments to the 1990 Solid Waste Management Plan Update require that annually, on or before June 30, the Board demonstrate and certify available remaining disposal capacity for all Act 451 non-hazardous solid wastes generated within the County; and WHEREAS a finding that sufficient capacity is available (more than 66 months beyond June 30) equates to a moratorium during the following year on the use of the interim siting mechanism contained in the 1994 Amendments for the siting of additional landfill capacity in the County; and WHEREAS Act 451 as amended, concludes that failure to adopt a required annual certification is equivalent to a finding that less than a sufficient amount of capacity is available and the interim siting mechanism will then be operative on the first day of the following January; and WHEREAS a review has been conducted of the current and projected Act 451 non-hazardous waste stream generated within the County, the current volume reduction efforts being achieved by the County's residents and businesses, current inter-county flow arrangements and of available remaining disposal capacity both within the County and within nearby counties; and WHEREAS the analysis contained in the County Executive's report titled "Demonstration of Available Disposal Capacity - April 26, 1999" (which is on file with the County Clerk) shows clearly that disposal capacity is available for the County's Act 451 non-hazardous waste stream beyond December 31, 2004 (which date is 66 months beyond June 30, 1999) as is summarized on the Exhibit attached. NOW THEREFORE BE IT RESOLVED THAT the Oakland County Board of Commissioners hereby certifies that sufficient disposal capacity exists so that the interim siting mechanism for the siting of additional landfill capacity within the County as contained within the 1994 Amendments to the 1990 Solid Waste Management Plan Update will not become operational until January 1, 2001 or later, such date to be identified in a future certification. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Oakland County Disposal Capacity Availability - Spring, 1999, on file in County Clerk=s office. Moved by Palmer supported by Galloway the resolution be adopted. AYES: Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Suarez, Taub, Amos, Appel, Causey-Mitchell, Colasanti, Coleman, Devine. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Commissioners Minutes Continued. May 13, 1999 189 MISCELLANEOUS RESOLUTION #99088 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: ISLAND NAME CHANGE - HUBBELL====S ISLAND TO HANSEN ISLAND - HIGHLAND TOWNSHIP To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the owner of Hubbell=s Island on White Lake in Highland Township has requested that the island=s name be changed to Hansen Island, in recognition of his father Howard Hansen, a veteran of World War II, who died in 1981 and who made various contributions to the community; and WHEREAS the legal description of said island is as follows: forty acres containing island known as HUBBELL=S ISLAND, consisting of the Southeast 1/4 of the Northeast 1/4 Section 13, Town 3 North, Range 7 East, Highland Township, Oakland County, Michigan; and WHEREAS Hubbell=s Island has recently been purchased by David J. Hansen, son of Howard Hansen; and WHEREAS David Hansen presented to the Charter Township of Highland a request to rename his property to Hansen Island; and WHEREAS Highland Township=s Board of Supervisors supported Mr. Hansen=s request; and WHEREAS Mr. Hansen has requested that Oakland County Board of Commissioners support the renaming of the island in accordance with the procedure set forth by the U.S. Department of the Interior, Geological Survey Division=s requirements; and WHEREAS it is necessary that the Oakland County Board of Commissioners direct the County Clerk to publish notice of the proposed change in a local newspaper of the intention to change the name from Hubbell=s Island to Hansen Island, thus necessitating certain costs associated with the name change; and WHEREAS David Hansen has agreed to reimburse the County of Oakland all costs associated with the name change request including, but not limited to, the cost of the publication in a local newspaper and the cost of holding a Public Hearing including overtime. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the renaming of Hubbell=s Island to Hansen Island, if it meets the requirements of the U.S. Department of Interior and, further, if David Hansen reimburses the County of Oakland all costs associated with the name change request including, but not limited to, the cost of the publication of a Public Hearing in a local newspaper and the cost of holding a Public Hearing including overtime. 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 Colasanti the resolution be adopted. AYES: Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Suarez, Taub, Amos, Appel, Causey-Mitchell, Colasanti, Coleman, Devine, Dingeldey. (23) NAYS: Douglas. (1) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #99113 BY: Public Services Committee, Frank H. Millard, Chairperson IN RE: EMERGENCY MANAGEMENT - TORNADO WARNING SYSTEM EXPANSION - OAKLAND TOWNSHIP To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolutions #7865, #7971 and #8664 accepted Federal grants to defray a portion of the costs in purchasing sirens to be utilized within the Oakland County Tornado Warning System; and WHEREAS the County share of the costs will remain at twenty-five percent as has been the policy previously established by the Board of Commissioners by Commissioners Minutes Continued. May 13, 1999 190 various miscellaneous resolutions, whereby local units pay seventy-five percent with the County being responsible for the maintenance and electrical costs for the sirens purchased; and WHEREAS the Township of Oakland has executed the attached purchase agreement; and WHEREAS the Township of Oakland has agreed to pay seventy-five percent of the total estimated cost of three (3) sirens; and WHEREAS consistent with the attached standard agreement, the Township of Oakland agrees that Oakland County will retain ownership of the sirens and will be responsible for the maintenance and the electrical costs for said sirens purchased under this agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the appropriation of $12,750.00, consistent with the attached budget, as Oakland County=s match. BE IT FURTHER RESOLVED that the expenditure of this appropriation is contingent upon the execution of the attached written agreement between the County and the Township of Oakland. CHAIRPERSON, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copies of Oakland Township Siren Budget Summary and Purchase Agreement on file in County Clerk=s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #99114 BY: Public Services Committee, Frank H. Millard, Chairperson IN RE: SHERIFF DEPARTMENT - USE OF FORFEITED FUNDS/K-9 UNIT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Section 333.7524 of Public Act 368 of 1978 authorizes courts to distribute property and funds forfeited through narcotic seizures to participating agencies to be utilized toward the enhancement of law enforcement efforts related to the Controlled Substances Act; and WHEREAS the Courts have distributed $933,814 (balance as of 1/31/99) as a result of Sheriff Department forfeiture efforts; and WHEREAS the Sheriff is requesting the establishment of a K-9 Unit; and WHEREAS the Sheriff is requesting to use forfeited funds to purchase, maintain and operate the K-9 Unit; and WHEREAS the K-9 Unit will be utilized by the Sheriff Department to enhance law enforcement efforts in compliance with State law; and WHEREAS the dog handlers will be made up of existing staff and will still be assigned to regular patrol; and WHEREAS the cost of the dogs will be $7,500 each, along with $2,000 for kennel construction, and estimated operating costs for the dogs will be $500 each per year; and WHEREAS the K-9 Unit will require expanding the fleet by four (4) patrol vehicles with E/Z Rider K-9 in-vehicle containers for transportation; and WHEREAS the capital costs for four (4) vehicles, containers and mobile radios is estimated to be $29,500 each and operating costs are estimated at $8,000 per vehicle and radio; and WHEREAS the total estimated capital costs are $150,000 and the estimated operating expenses would be $34,000 per year. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the use of $184,000 from the Sheriff Department Law Enforcement Enhancement Account (#101-43-223101-20001-2853-60053) to create and maintain a K- 9 Unit. BE IT FURTHER RESOLVED that four (4) patrol vehicles with mobile data terminals, mobile and prep radios be added to the County fleet. BE IT FURTHER RESOLVED that approval of this resolution is contingent upon reaching an agreement between the County and the Oakland County Sheriff Deputies Association regarding compensation for time expended by the handlers at home performing animal maintenance procedures. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. Commissioners Minutes Continued. May 13, 1999 191 PUBLIC SERVICES COMMITTEE The Chairperson referred the resolution to the Personnel Committee and the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #99107 BY: Public Services Committee, Frank H. Millard, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY/EMERGENCY MANAGEMENT - TORNADO WARNING SYSTEM EXPANSION - GROVELAND TOWNSHIP To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolutions #7865, #7971 and #8664 accepted Federal grants to defray a portion of the costs in purchasing sirens to be utilized within the Oakland County Tornado Warning System; and WHEREAS the County share of the costs will remain at twenty-five percent as has been the policy previously established by the Board of Commissioners by various miscellaneous resolutions, whereby local units pay seventy-five percent with the County being responsible for the maintenance and electrical costs for the sirens purchased; and WHEREAS the Township of Groveland has executed the attached purchase agreement; and WHEREAS the Township of Groveland has agreed to pay seventy-five percent of the total estimated cost of one siren; and WHEREAS consistent with the attached standard agreement, the Township of Groveland agrees that Oakland County will retain ownership of the siren and will be responsible for the maintenance and the electrical costs for said siren purchased under this agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorize the appropriation of $4,250, consistent with the attached budget, as Oakland County=s match. BE IT FURTHER RESOLVED that the expenditure of this appropriation is contingent upon the execution of the attached written agreement between the County and the Township of Groveland. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Purchase Agreement and Groveland Township Siren Budget Summary on file in County Clerk=s office. FISCAL NOTE (Misc. #99107) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY/EMERGENCY MANAGEMENT - TORNADO WARNING SYSTEM EXPANSION - TOWNSHIP OF GROVELAND To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: 1. The Township of Groveland has issued a purchase agreement for the purchase of one fire siren and has requested to become part of the County=s centrally activated tornado warning system. 2. Total cost of the siren is $17,000. 3. The Township of Groveland has agreed to pay $12,750, seventy-five percent (75%) of the estimated cost of the sirens. 4. The County of Oakland will pay twenty-five percent (25%) of the estimated cost, $4,250. 5. Consistent with past agreements, the County will retain ownership and be responsible for the maintenance and electrical costs for the siren. 6. Funds are available in the 1999 Contingency Account to cover the County=s share of the purchase cost. 7. The County=s portion of $4,250 is requested to be transferred from the 1999 Contingency Account to the Emergency Management line item for Capital Outlay as follows: Commissioners Minutes Continued. May 13, 1999 192 Expense DEPT/OCA/PCA/OBJECT 4-90-290000-25000-2564 Contingency ($4,250) Expense 4-14-213000-60000-9169 Misc. Cap. Outlay $4,250 $-0- FINANCE COMMITTEE Moved by Millard supported by Patterson the resolution be adopted. AYES: Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Suarez, Taub, Amos, Appel, Causey-Mitchell, Colasanti, Coleman, Devine, Dingeldey, Douglas, Galloway. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #99106 BY: Public Services Committee, Frank H. Millard, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY/EMERGENCY MANAGEMENT - TORNADO WARNING SYSTEM EXPANSION - CITY OF FERNDALE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners, by Miscellaneous Resolutions #7865, #7971 and #8664, accepted Federal grants to defray a portion of the costs in purchasing sirens to be utilized within the Oakland County Tornado Warning System; and WHEREAS the County share of the costs will remain at twenty-five percent as has been the policy previously established by the Board of Commissioners by various miscellaneous resolutions, whereby local units pay seventy-five percent with the County being responsible for the maintenance and electrical costs for the sirens purchased; and WHEREAS the City of Ferndale has executed the attached purchase agreement; and WHEREAS the City of Ferndale has agreed to pay seventy-five percent of the total estimated cost of one siren; and WHEREAS consistent with the attached standard agreement, the City of Ferndale agrees that Oakland County will retain ownership of the siren and will be responsible for the maintenance and the electrical costs for said siren purchased under this agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the appropriation of $4,250, consistent with the attached budget, as Oakland County=s match. BE IT FURTHER RESOLVED that the expenditure of this appropriation is contingent upon the execution of the attached written agreement between the County and the City of Ferndale. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Tornado Siren Purchase Agreement and City of Ferndale Siren Budget Summary on file in County Clerk=s office. FISCAL NOTE (Misc. #99106) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY/EMERGENCY MANAGEMENT - TORNADO WARNING SYSTEM EXPANSION - CITY OF FERNDALE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: 1. The City of Ferndale has issued a purchase agreement for the purchase of one fire siren and has requested to become part of the County=s centrally activated tornado warning system. Commissioners Minutes Continued. May 13, 1999 193 2. Total cost of the siren is $17,000. 3. The City of Ferndale has agreed to pay $12,750, seventy-five percent (75%) of the estimated cost of the sirens. 4. The County of Oakland will pay twenty-five percent (25%) of the estimated cost, $4,250. 5. Consistent with past agreements, the County will retain ownership and be responsible for the maintenance and electrical costs for the siren. 6. Funds are available in the 1999 Contingency Account to cover the County=s share of the purchase cost. 7. The County=s portion of $4,250 is requested to be transferred from the 1999 Contingency Account to the Emergency Management line item for Capital Outlay as follows: Expense DEPT/OCA/PCA/OBJECT 4-90-290000-25000-2564 Contingency ($4,250) Expense 4-14-213000-60000-9169 Misc. Cap. Outlay $4,250 $-0- FINANCE COMMITTEE Moved by Millard supported by McPherson the resolution be adopted. AYES: Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Suarez, Taub, Amos, Appel, Causey-Mitchell, Colasanti, Coleman, Devine, Dingeldey, Douglas, Galloway. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #99115 BY: Charles Palmer, District #16 IN RE: ELIMINATION OF COORDINATING ZONING COMMITTEE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS under the Rural Township Zoning Act, the Zoning Coordinating Committee was formed to perform an optional advisory role in the review and comment on township rezoning petitions only; and WHEREAS in 1982, the Planning and Building Committee of the Oakland County Board of Commissioners revised its rules such that the Coordinating Zoning Committee would review only those zoning cases which involve the border of an adjacent community, County policies or programs, or are requested for review by the township; and WHEREAS the number of cases reviewed by the Coordinating Zoning Committee has declined considerably, with the Committee having met only twice in 1999; and WHEREAS the Coordinating Zoning Committee has only the authority to make non-binding suggestions on zoning petitions; and WHEREAS the Oakland County Board of Commissioners has reached the conclusion that elimination of the Zoning Coordinating Committee would have no detrimental effect upon the efficient zoning processes of the townships, but rather would have a positive effect by removing a step in the process; and WHEREAS the Oakland County Corporation Counsel has advised the Board of Commissioners that there are no statutory requirements for the existence of the Zoning Coordinating Committee. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby eliminates the Zoning Coordinating Committee effective June 1, 1999. BE IT FURTHER RESOLVED that a copy of this resolution shall be sent to all township planning and/or zoning departments in Oakland County. Chairperson, I move the adoption of the foregoing resolution. Charles Palmer, District #16 The Chairperson referred the resolution to the Planning and Building Committee. There were no objections. Commissioners Minutes Continued. May 13, 1999 194 MISCELLANEOUS RESOLUTION #99116 BY: Kay Schmid, District #17 IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND - DISBURSEMENT CALCULATION CHANGE IN GENERAL APPROPRIATIONS ACT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Environmental Infrastructure Fund has been created to distribute earnings from the Delinquent Tax Revolving Fund to communities for assistance in their environmental needs; and WHEREAS the calculation used to distribute those funds has been derived based upon taxable value and population figures for each community; and WHEREAS the taxable value figures are exclusive of those values which are kept off the tax rolls due to various forms of tax abatements granted to private enterprise; and WHEREAS the exclusion of these amounts creates an unfair representation of a community=s taxable value as it relates to the distribution of funds from the Environmental Infrastructure Fund. NOW THEREFORE BE IT RESOLVED that the General Appropriations Act is hereby amended in Section 21(g) to read: (g) Annually, from Fiscal Year 1999 through Fiscal Year 2003, $5,000,000.00 will be transferred from the Delinquent Tax Revolving Fund to the General Fund to allow for the establishment of an Environmental Infrastructure Fund (#263). These funds will then be allocated and transferred from the General Fund Operating Transfer account (#90-310000-41000-8001) to the Environmental Infrastructure Fund. The allocation of the Environmental Infrastructure Fund to local cities, villages and townships (CVTs) will be based upon criteria established by the Board of Commissioners. The total allocation, however, to any approved CVT will coincide with an allocation which is based on 50% of the percentage of each CVT=s State taxable value (STV), plus any amounts excluded from reported taxable value due to tax abatements, to the County=s total taxable value plus any amounts excluded from reported taxable value due to tax abatements for the most recently completed assessment year, and 50% on the percentage of each CVT=s population, to the County=s total population based on the most recently completed Decennial Census. Chairperson, I move the adoption of the foregoing resolution. Kay Schmid, District #17 The Chairperson referred the resolution to the General Government Committee and the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #99117 BY: Commissioner Ruel E. McPherson IN RE: PUBLIC SERVICE COMMISSION - ELIMINATION OF UNREQUESTED AUTOMATIC CALLBACK FEATURE AND LIKE EXPANDED SERVICES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS certain areas of Oakland County have been targeted by the telephone company to receive unsolicited features such as the automatic callback service which causes additional charges to our constituents= monthly telephone bills; and WHEREAS no charge for enhanced service should be placed on the telephone customer=s phone bill without the prior express consent of the customer; and WHEREAS such a presumptive action by the telephone company undermines the community=s faith in our public utilities, and is an encroachment on the rights of the telephone customer. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby request the Michigan Public Service Commission to review and hold public hearings on the telephone companies= practice of adding unsolicited and costly additional telephone services to its customers= telephone statements. Chairperson, I move the adoption of the foregoing resolution. Ruel E. McPherson, Nancy Dingeldey, William R. Patterson, Frank Millard, Kay Schmid, Michelle Friedman Appel George W. Suarez, Vincent Gregory, Commissioners Minutes Continued. May 13, 1999 195 Eric Coleman, David Galloway, Brenda A. Causey-Mitchell The Chairperson referred the resolution to the Public Services Committee and the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #99118 BY: Commissioner Don Jensen, District #15 IN RE: EMERGENCY TELEPHONE SERVICE ENABLING ACT - HB4858 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Emergency Telephone Service Committee (ETSC) was created within the Department of State Police to develop statewide standards and model system considerations for emergency telephone systems; and WHEREAS the ETSC has recommended that the subject proposed legislation include a service charge of 47 cents per month for each CMRS connection that has a billing address in the state, collectible by the CMRS supplier, and deposited in the CMRS emergency telephone fund operated by the State Department of the Treasury; and WHEREAS the Department of Treasury is to disburse funds as follows: - 2 cent to the CMRS supplier to cover the costs of billing and collection, - 25 cents to reimburse CMRS suppliers for providing and installing equipment that implements the wireless emergency service order under the act, - 10 cents to be disbursed equally to each county that has a final 911 plan in place, - 10 cents to each county on a per capita basis, - 1 2 cents to PSAPs for training personnel assigned to 911 centers; and WHEREAS the proposed formula would result in an estimated $358,000 distribution to Oakland County, far below the anticipated revenue generated from fees paid by County residents who have cellular phones; and WHEREAS Oakland County is estimated to receive $9,372 per PSAP while other counties with less than 100,000 residents will receive $70,000 per PSAP; and WHEREAS information regarding the number and geographic location of cellular phones is not readily available to factor into the formula for distribution, but will be in the future; and WHEREAS "people" make emergency telephone calls, and distribution of funds to counties should be based entirely on population; and WHEREAS the proposed 911 legislation is scheduled for early consideration by the Energy and Technology Committee of the State House. NOW THEREFORE BE IT RESOLVED that Oakland County strongly urges this legislature to amend the proposed Act to delete Sec. 409(1)(B) and amend Sec. 409(1)(C) to provide that 20 cents be disbursed to each county that has a final 911 plan in place on a per capita basis. BE IT FURTHER RESOLVED that the distribution formula should be revised after one year=s experience, when information regarding the number and geographic location of cellular phones is available to factor into the formula for funds distribution, thereby more closely matching emergency services to cellular phone users. BE IT FURTHER RESOLVED that copies of this resolution be forwarded to each legislator on the Energy and Technology Committee, to the Director of the Michigan State Police, and to the Michigan Association of Counties. Chairperson, I move adoption of the foregoing resolution. Don Jensen, John P. Garfield, Nancy Dingeldey, Ruel McPherson, David Moffitt, Michelle Friedman Appel The Chairperson referred the resolution to the Public Services Committee and the General Government Committee. There were no objections. Commissioners Minutes Continued. May 13, 1999 196 MISCELLANEOUS RESOLUTION #99119 BY: Commissioners Shelley G. Taub, District #12; Thomas A. Law, District #13; Dan Devine, Jr., District #14; John P. McCulloch, District #22 IN RE: SEPTIC SYSTEM EVALUATIONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS matters of environmental protection and remediation are a high priority responsibility of every level of government; and WHEREAS efforts to protect our surface and groundwater quality are of extreme importance to all of our citizens; and WHEREAS despite the efforts of the Oakland County Drain Commissioner in conjunction with several Oakland County communities to restore the water quality of the Rouge River, noticeable sources of pollution entering the river from failing septic systems have been identified from surveys undertaken by the County Health Division; and WHEREAS these communities have applied for voluntary Storm Water General Permits, which will be compulsory for all communities in the year 2001, and which require the development and implementation of a plan to eliminate illicit discharges into the river; and WHEREAS there is currently no inspection program for checking the 18,000 septic systems in the Rouge River Watershed, 11,600 of which are located in Oakland County. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby request the Oakland County Executive, through the Health Division, to study and recommend the County Environmental Health Division=s role in performing maintenance inspections of existing septic systems, and propose necessary amendments to the Sanitary Code if such evaluation procedure is determined to be an appropriate function for the County Health Division. Chairperson, we move the adoption of the foregoing resolution. Shelley G. Taub, Thomas A. Law, Dan Devine, Jr., John P. Mcculloch The Chairperson referred the resolution to the General Government Committee. There were no objections. In accordance with Rule XXII G , the Chairperson made the following referrals: GENERAL GOVERNMENT COMMITTEE a. Bloomfield Township - Support Health Division=s Efforts Rouge River Water Quality b. Iron County Board of Commissioners - Resolution Regarding the Use of Tobacco Settlement Funds c. City of Lincoln Park - Support Legislation Indemnifying Municipalities for Sewer Backup Liability d. Letter - Governor John Engler - Children=s Village Interim Evaluation e. Village of Franklin - Support for Current & Pending Protection Initiative for Oakland County Rivers and Tributaries PLANNING AND BUILDING COMMITTEE a. Michigan Department of Transportation - Excess Property, Southfield b. Michigan Department of Transportation - Excess Property, White Lake c. Michigan Department of Transportation - Excess Property, West Bloomfield There were no objections to the referrals. The Board adjourned at 11:13 A.M. to the call of the Chair or May 27, 1999 at 9:30 A.M. G. WILLIAM CADDELL JOHN P. McCULLOCH Clerk Chairperson