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HomeMy WebLinkAboutMinutes - 1999.05.27 - 8271 197 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES May 27, 1999 Meeting called to order by Chairperson John McCulloch at 9:42 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, Sever, Suarez, Taub. (25) ABSENT: None. (0) Quorum present. Invocation given by Commissioner McCulloch. Pledge of Allegiance to the Flag. Moved by Devine supported by Causey-Mitchell the minutes of the May 13, 1999 Board meeting be approved. A sufficient majority having voted therefor, the minutes were approved, as printed. Moved by Devine supported by Appel the rules be suspended and the agenda be amended, as follows: ITEMS ON PRINTED AGENDA GENERAL GOVERNMENT COMMITTEE b. Department of Human Services - Health Division - Extension of HUD Lead Abatement Grant PUBLIC SERVICES COMMITTEE a. Department of Information Technology/CLEMIS/Emergency Management - Application/Acceptance of FEMA Snow Emergency Grant b. Sheriff=s Department - Contract for Law Enforcement Services in the Charter Township of Royal Oak, 1999-2003 (Reason for suspension of General Government Committee, item b and Public Services Committee, items a and b: Waiver of Rule XII.C. - Direct Referral to Finance Committee) AYES: Amos, Appel, Causey-Mitchell, Colasanti, Coleman, Devine, Dingeldey, Douglas, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub. (23) 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 communications from three home schoolers, Brenda Shuttleworth, James Shuttleworth and Audrey Shuttleworth, Commissioners Minutes Continued. May 27, 1999 198 expressing their appreciation to the Board for providing an informative and enjoyable experience on Student Government Day. The Honorable Judge Edward Sosnick, Chief Judge of the Circuit Court, presented the State of the Court message. Commissioner Fran Amos presented a Community Mental Health update. Commissioner Dingeldey presented proclamations of commendation to Lindsey Lyda, Crystal McCabe, Sean Little and Christopher Kazanowski, students at Walled Lake Western High School who participated in the Youth In Government Mock Trial Program. The following people addressed the Board: Commissioner Causey-Mitchell, Elmer Cerano and Commissioner Coleman. Moved by Moffitt supported by Millard the resolutions on the Consent Agenda be adopted. (The vote for this motion appears on page 201. The resolutions on the Consent Agenda follow (annotated by an asterisk [*]): * MISCELLANEOUS RESOLUTION #99120 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - 1999 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. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves amendments to the Fiscal Year 1999, Fiscal Year 2000, Biennial Budget as detailed in the attached Information Technology Office Automation Schedule for projects approved in the second quarter of 1999. BE IT FURTHER RESOLVED that the Fiscal Year 1999 and Fiscal Year 2000 Biennial Budget be amended as follows: 1. The cost, to the governmental funds, of implementing and operating the new technology is $241,084 in Fiscal Year 1999, $318,384 in Fiscal Year 2000, as detailed on the attached schedule. 2. Funds are available in the non-departmental Office Automation account to cover the cost to the governmental funds. The 1999 and 2000 Budget should be amended, as detailed on the attached schedule, to cover the cost of the approved office automation projects. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Information Technology=s Office Automation Schedule - Second Quarter, Fiscal Year 1999, on file in County Clerk=s office. (The vote for this motion appears on page 201.) * MISCELLANEOUS RESOLUTION #99121 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - SECOND QUARTER 1999 DEVELOPMENT APPROPRIATION TRANSFER To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS all data processing development cost is incorporated as a single appropriation within the Department of Information Technology budget and then an amount equal to the actual expense is transferred to the user department with a summary report to the Finance Committee; and WHEREAS the Department of Information Technology has determined the Second Quarter 1999 data processing development charges to be $814,069 and the Commissioners Minutes Continued. May 27, 1999 199 imaging development charge to be $18,476 for the governmental fund County departments; and WHEREAS direct charges to non-governmental fund departments are $70,708 and non-county agencies are $12,897 for the Second Quarter 1999; and WHEREAS an appropriation transfer to governmental fund County departments is needed to fund these development charges. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners has reviewed the Second Quarter 1999 Data Processing Development and approves the second quarter appropriation transfer. BE IT FURTHER RESOLVED the Fiscal Year 1999 Second Quarter Development for the 100% Tax Payment Fund equals $52,783. This amount reflects a direct charge against Information Technology Professional Services line-item which was not budgeted. The following budget amendment is required to restore the line-item. Information Technology Fund Revenue DEPT/OCA/PCA/OBJECT 18-636111-10000-0715 Non-Govt. Develop. $ 52,783 Expense 18-636122-15000-3348 Professional Serv. $ 52,783 $ -0- Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Information Technology, Data Processing Development Summary, 2nd Quarter 1999, on file in County Clerk=s office. (The vote for this motion appears on page 201.) * MISCELLANEOUS RESOLUTION #99122 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: COMMUNITY DEVELOPMENT DIVISION - HOME IMPROVEMENT PROGRAM GUIDELINE CHANGES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Community Development Division has administered the Home Improvement Program since 1976 to rehabilitate single family owner occupied housing for low and moderate income persons and improve our residential neighborhoods; and WHEREAS in Miscellaneous Resolutions #81237, #82233, #90201, #94082 and #96151 the Oakland County Board of Commissioners approved guidelines and amendments for administering the Home Improvement Program; and WHEREAS annual rates of inflation and rising construction costs have reduced the purchasing power of the $12,000 (plus 10% contingency) maximum home improvement loan amount approved in 1996 and have eroded the Program=s capacity to bring a house to a decent, safe and sanitary condition as required by the U.S. Department of Housing and Urban Development (HUD); and WHEREAS the Community Development Division recommends that the current maximum loan amount of $12,000 (plus 10% contingency) be increased to $14,000 (plus $1,000 contingency) as a means to offset economic influences that have eroded the program=s housing rehabilitation capacity; and WHEREAS the current Home Improvement Program loan limitation guidelines mandate that total property related indebtedness after improvement shall not exceed a market value analysis or the State Equalized Value (SEV) multiplied by a factor determined annually by the Oakland County Equalization Division. The factor is based on annual median sales and assessed values computed for each community; and WHEREAS the Community Development Division recommends that this be changed to indicate that the total property related indebtedness after improvement shall not exceed a market value analysis provided by the homeowner or market value as identified by the Oakland County Mortgage Application Acceleration Program (MAAP); and WHEREAS U.S. Department of Housing and Urban Development modified the way Adjusted Household Income (AHI) is calculated by deducting $480 for each dependent, other than head of household or spouse, who is under 18, handicapped Commissioners Minutes Continued. May 27, 1999 200 or disabled, or full time student. Four hundred dollar deductions are allowed for households whose head of household or spouse is 62 years of age or older, or disabled. In addition, reasonable child care expenses for children 12 and under that enable a family member to work or go to school; and, expenses for the care of a handicapped or disabled family member, including attendant care, equipment and apparatus, in excess of 3% of annual gross income that enable that person or another person to work are deductible; and WHEREAS the Community Development Division recommends that the Adjusted Household Income methodology be changed to reflect these new HUD guidelines; and WHEREAS the Oakland County Community Development Citizens Advisory Council has unanimously approved the Home Improvement Program Guideline changes that increase the maximum home improvement loan amount to $14,000 (plus $1,000 contingency), changes the current Adjusted Household Income methodology by deducting $480 for each dependent, other than head of household or spouse, who is under 18, handicapped or disabled, or full time student. Four hundred dollar deductions are allowed for households whose head of household or spouse is 62 years of age or older, or disabled. Reasonable child care expenses for children 12 and under that enable a family member to work or go to school; and, expenses for the care of a handicapped or disabled family member, including attendant care, equipment and apparatus, in excess of 3% of annual gross income that enable that person or another person to work are deductible. In addition, property indebtedness shall not exceed a market value analysis provided by the homeowner or market value as determined by the Oakland County Mortgage Application Acceleration Program (MAAP). NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approve the Home Improvement Program Guideline changes that increase the maximum home improvement loan amount to $14,000 (plus $1,000 contingency), changes the current Adjusted Household Income methodology by deducting $480 for each dependent, other than head of household or spouse, who is under 18, handicapped or disabled, or full time student. Four hundred dollar deductions are allowed for households whose head of household or spouse is 62 years of age or older, or disabled. In addition, reasonable child care expenses for children 12 and under that enable a family member to work or go to school; and, expenses for the care of a handicapped or disabled family member, including attendant care, equipment and apparatus, in excess of 3% of annual gross income that enable that person or another person to work are deductible. It is also agreed that property indebtedness shall not exceed a market value analysis provided by the homeowner or market value as determined by the Oakland County Mortgage Application Acceleration Program (MAAP). Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE (The vote for this motion appears on page 201.) * MISCELLANEOUS RESOLUTION #99113 BY: Public Services Committee, Frank H. Millard, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY/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 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 Commissioners Minutes Continued. May 27, 1999 201 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 Warning Siren Budget Summary and Purchase Agreement on file in County Clerk=s office. FISCAL NOTE (Misc. #99113) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY/EMERGENCY MANAGEMENT - TORNADO WARNING SYSTEM EXPANSION - TOWNSHIP OF OAKLAND 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 Oakland has issued a purchase agreement for the purchase of three fire sirens and has requested to become part of the County=s centrally activated tornado warning system. 2. Total cost of the sirens are $51,000. 3. The Township of Oakland has agreed to pay $38,250, 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, $12,750. 5. Consistent with past agreements, the County will retain ownership and be responsible for the maintenance and electrical costs for the sirens. 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 $12,750 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 $(12,750) Expense 4-14-213000-60000-9169 Misc. Cap. Outlay $ 12,750 $ -0- FINANCE COMMITTEE Vote for resolutions on Consent Agenda: AYES: Appel, Causey-Mitchell, Colasanti, Coleman, Devine, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolutions on the Consent Agenda were adopted. MISCELLANEOUS RESOLUTION #99123 BY: Finance Committee, Sue Ann Douglas, Chairperson Commissioners Minutes Continued. May 27, 1999 202 IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - APPROPRIATION FOR UNFUNDED STATE AND FEDERAL MANDATES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County has been and continues to be inundated with unfunded State and Federal directives to perform services at new levels requiring extensive computer programming efforts; and WHEREAS these unfunded State and Federal directives are effectively mandates as failure to meet the newly imposed program requirements are punished by severe reductions in Federal pass-through revenues totaling millions of dollars (the potential loss of Cooperative Reimbursement Grants for the Friend of the Court could cost the County up to $6.0 million annually); and WHEREAS the Federal government through the State has provided a cap on the costs to be reimbursed under the Cooperative Reimbursement Program for the first time effective October 1, 1999; and WHEREAS the County has recently acquired E9-1-1 call-taking equipment for the 32 public safety answering points located within Oakland County (at a cost of over $3.0 million to the County=s General Fund) in order to comply (in part) with the Federal Telecom Act of 1996; and WHEREAS the County has numerous innovative and important computer projects underway at the Department of Information Technology, all of which have been approved and funded by the Board of Commissioners and all of which are designed to bring improved services to the County=s residents and taxpayers; and WHEREAS the innovative and important County computer projects competing with the above-noted unfunded mandates for the limited financial and human resources available to the County include the Judicial Information Management System for the District/Circuit/Probate Courts and the Jail Management System for the Sheriff=s Department; and WHEREAS unreasonable requests for immediate completion of unfunded mandates without regard to other unfunded mandates in progress (for example, CSES and Centralized Collections) and/or displacing of discretionary computer programming (for example, repeat offender mandates involved a program for which the County received notification in mid-April that must be completed no later than October 1, 1999); and WHEREAS the Department of Information Technology 1999/2000 Master Plan Quarterly Status Report lists numerous projects which represent unfunded Federal and State mandates, including: PRJ. NO. PROJECT TITLE EST. HOURS Federal: DB8312WR FOC Welfare Reform 2,402 DB8312FR FOC New Federal Reporting Req 871 DB8312TX FOC Tax Refund Offset Program 612 DB8312IS FOC Interstate Subsystem 1,783 DB8312EH FOC Non-EFT Case Hold Code 364 DB9312FL Federal Parent Locator Service 215 Total Federal 6,247 State: DB8311MR Mediation Rotation 1,306 DB9320RO Repeat Offender 600 Total State 1,906 Total Hours - Federal and State 8,153 ; and WHEREAS the 8,153 hours identified above required by the unfunded Federal and State directives, when assigned the standard average hourly rate of $85.00, compute to a taxpayer cost of $693,005; and WHEREAS the 8,153 hours cited is well below the total eventually required as they do not include hours for major pending projects such as Child Support Enforcement System (CSES) and Friend of the Court - Centralized Collections because there is insufficient information currently available to determine scope and timing of services required and adequate Federal rules and regulations have not been prepared to enable efficient programming; and WHEREAS the combined costs of the innovative and important County projects and the effectively mandatory unfunded State and Federal projects exceed previously appropriated funds; and WHEREAS the Uniform Budgeting and Accounting Act for Local Units of Government (UBAA), 1978 Public Act 621, at Section 19, provides that an Commissioners Minutes Continued. May 27, 1999 203 expenditure shall not be incurred except in pursuance of the authority and appropriations of the legislative body of the local unit; and WHEREAS Section 17 of the UBAA provides that a deviation from the original general appropriations act shall not be made without amending the general appropriations act; and WHEREAS Section 18 of the UBAA provides that an administrative officer of the local unit shall not incur expenditures against an appropriation account in excess of the amount appropriated by the legislative body; and WHEREAS pursuant to the UBAA the County Executive recommends that the 1999 General Appropriations Act be amended to provide sufficient funds to cover the costs of the aforementioned unfunded mandates with the understanding that failure to appropriate funding will constitute a Board Of Commissioners directive either that work on those mandates be discontinued or that the innovative and important County projects be delayed or displaced by the unfunded Federal and State mandated projects so as to ensure that the dictates of the State of Michigan=s UBAA are not violated; and WHEREAS due to the continuation of State reimbursement for 50% of county child care expenditures, the County will realize additional revenue in Juvenile Maintenance Fund, this additional revenue can be used to reduce the General Fund transfer to the Juvenile Maintenance Fund providing a source of funding to cover the unfunded Federal and State mandates. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the following amendment to the Fiscal Year 1999 Budget to defray the Department of Information Technology related costs of identified Federal and State unfunded mandates: JUVENILE MAINTENANCE FUND Revenue 90-132000-12000-0159 Child Care Subsidy $ 693,005 90-470000-31000-1701 Trans. In - General Fund (693,005) $ 0 GENERAL FUND Expenditures 90-310000-35000-8001 Trans. Out - Juv. Mt. $(693,005) 90-210000-21000-8001 Trans. Out - Info. Tech 693,005 $ 0 BE IT FURTHER RESOLVED that certified copies of this resolution be sent to all Federal and State legislators from Oakland County and to the County=s State legislative liaisons. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE Moved by Douglas supported by Galloway the resolution be adopted. AYES: Causey-Mitchell, Colasanti, Coleman, Devine, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #99124 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: COMMUNITY DEVELOPMENT DIVISION - PROGRAM YEAR 1999 ANNUAL ACTION PLAN AND CONSOLIDATED GRANT ACCEPTANCE FOR CDBG, HOME AND ESG To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners authorized submittal of the Oakland County 1995-2000 Consolidated Plan to the U.S. Department of Housing and Urban Development (HUD) by Miscellaneous Resolution #95054; and WHEREAS the 1999 Annual Action Plan contains a consolidated Federal grant application for activities designed to accomplish the goals and objectives of the Commissioners Minutes Continued. May 27, 1999 204 Consolidated Plan for the Community Development Block Grant (CDBG) Program, HOME Investment Partnerships (HOME) Program and Emergency Shelter Grant (ESG) Program; and WHEREAS HUD, by letter dated April 26, 1999, transmitted to Oakland County a consolidated allocation of $6,244,000 including $4,772,000 for CDBG, $1,329,000 for HOME and $143,000 for ESG covering the program year beginning May 3, 1999 through May 2, 2000; and WHEREAS the Oakland County Community Development Division in 1998 generated CDBG county program income of $1,308,404.45 for allocation in program year 1999; and WHEREAS total program revenues for the 1999 CDBG Program will be $6,080,404.45; and WHEREAS total program revenues for the 1999 HOME Program will be $2,267,158.75 including $1,329,000 grant allocation, $299,025 grant match that is included in the 1999 Oakland County Adopted Budget and approximately $639,133.75 in program income for a total of $2,267,158.75; and WHEREAS total program revenues for the 1999 ESG Program will be $143,000; and WHEREAS fund schedules and program descriptions for the 1999 CDBG, HOME and ESG programs appear in attachments A, B, C, D and E; and WHEREAS the CDBG and ESG grants are 100 percent Federally funded and no County funds are required; and WHEREAS the CDBG, HOME and ESG grant contracts have been reviewed and approved through the County Executive=s Contract Review Process; and WHEREAS 1999 budget amendments for the CDBG, HOME and ESG grants acceptance will be requested by resolution later in the year after compilation of further information and fiscal year closing. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the 1999 consolidated grant totaling $6,244,000, County match of $299,025 and approximately $1,947,538.20 in program income for a total of $8,490,563.20. BE IT FURTHER RESOLVED that the 1999 Budget be amended as follows: 90-290000-25000-2564 Contingency ($33,525) 19-610300-60004-2872 Grant Match $33,525 $ 0 BE IT FURTHER RESOLVED that the future level of service, including personnel, will be contingent upon the level of Federal funding available for these programs. BE IT FURTHER RESOLVED that acceptance of these grants does not obligate the County to any future commitment. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes both the Board of Commissioners Chairperson and the County Executive to execute the grant agreements per Miscellaneous Resolution #89105, as amended, and to approve amendments and extensions up to fifteen (15) percent variance from the award, consistent with the agreement as originally approved. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Attachments A, B, C, D and E on file in County Clerk=s office. Moved by Douglas supported by Devine the resolution be adopted. AYES: Colasanti, Coleman, Devine, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel, Causey-Mitchell. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #99125 BY: General Government Committee, Shelley Goodman Taub, Chairperson Commissioners Minutes Continued. May 27, 1999 205 IN RE: ROAD COMMISSION FOR OAKLAND COUNTY BORROWING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Board of County Road Commissioners of the County of Oakland, Michigan (the "Issuer") intends to authorize the issuance and sale of its ten-year Michigan Transportation Fund Notes, pursuant to Act 143, Public Acts of Michigan, 1943, as amended ("Act 143") in an amount not to exceed Nine Million Seven Hundred Fifty Thousand Dollars ($9,750,000) (the "Notes") in anticipation of, and for the payment which shall be pledged, future revenues derived from State collected taxes returned to the County of Oakland (the "County") for County road purposes pursuant to law, for the purpose of defraying part of the cost of improvement of County highways and general County road purposes all as more particularly described on Exhibit A attached hereto and made part hereof and such other or different projects as the Issuer may identify at the time the Notes are authorized to be issued; and WHEREAS pursuant to Section 1 of Act 143, the Oakland County Board of Commissioners must approve issuance of the Notes by the Issuer before the Notes may be authorized by the Issuer; and WHEREAS the Issuer, by resolution, has previously requested the authorization of the Oakland County Board of Commissioners to issue the Notes; and WHEREAS prior to issuance of the Notes the Issuer must either receive prior approval of the Notes from the Department of Treasury (the "Department") of the State of Michigan (the "State") or be exempt from prior approval as provided in Section 1(2) of Act 143, and Chapter III, Section 11 of Act 202, Public Acts of Michigan, 1943, as amended; and WHEREAS in order to be exempt from prior approval, the Issuer must notify the Department of the Issuer=s intent to issue the Notes. NOW THEREFORE BE IT RESOLVED THAT: 1. The Board of County Road Commissioners of the County of Oakland be, and is, hereby authorized to borrow and issue its Notes therefore, in the principal amount of not to exceed $9,750,000 to provide funds for the purposes described in the preamble to this resolution, all pursuant to Act 143. The interest rate on the Notes shall not exceed the maximum rate of interest permitted by law at the time of sale and there shall be pledged for the payment of such Notes future revenues derived from State collected taxes returned to the County for County road purposes. The full faith and credit of the County shall not be pledged for the payment of such notes. 2. The County Treasurer is hereby authorized to execute any and all agreements, certificates and documents necessary to effectuate issuance of the Notes. 3. The Treasurer is hereby authorized and directed to set aside in a separate fund from the State collected taxes returned to the County for County road purposes pursuant to law which have not been theretofore specifically allocated for other purposes in each year an amount sufficient for the payment of the principal of and interest on the Notes as the same becomes due. 4. The County Treasurer is hereby authorized, to the extent authorized by law, to take all actions within the Treasurer=s control necessary to maintain the exemption of the interest on the Notes from general Federal income taxation (as opposed to alternative minimum or other indirect taxation) under the Internal Revenue Code of 1986, as amended, including but not limited to, actions relating to the rebate of arbitrage earnings, if applicable, and the expenditure and investment of note proceeds and monies deemed to be note proceeds. 5. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. Chairperson, on behalf of the General Government Committee, I move adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copies of Exhibit A, Proposed 1999 Road Improvement Program and Resolution Requesting Authorization of County Board of Commissioners to Issue Notes and Commissioners Minutes Continued. May 27, 1999 206 Authorizing Application to Michigan Department of Treasury for Exception from Prior Approval to Issue Notes - Board of County Road Commissioners of the County of Oakland, Michigan, Minutes of April 29, 1999 on file in County Clerk=s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #99126 BY: General Government Committee, Shelley Taub, Chairperson IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION - EXTENSION OF HUD LEAD ABATEMENT GRANT AWARD To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Department of Community Health (MDCH) originally awarded the Oakland County Health Division funding in the amount of $182,609 for the period of November 1, 1996 through April 30, 1999 for the Housing and Urban Development Lead Abatement Program; and WHEREAS the MDCH has extended the grant through September 30, 1999 and increased the total funding from $182,609 to $210,463, which is a 15.25% ($27,854) variance from the original amount awarded; and WHEREAS there is no change in personnel requested as a result of this extension; and WHEREAS no County match is required and acceptance of this additional funding does not obligate the County to any future commitment. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the extension of the HUD Lead Abatement Program for the period of November 1, 1996 through September 30, 1999, and the additional funding of $27,854, for a new total of $210,463. BE IT FURTHER RESOLVED that personnel and/or services associated with this grant be contingent upon continued State funding at a level sufficient to maintain the program and personnel. BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the grant agreement and approves changes and extensions not to exceed fifteen percent (15%), which is consistent with the agreement as originally approved. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE FISCAL NOTE (Misc. #99126) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION - EXTENSION OF HUD LEAD ABATEMENT GRANT AWARD 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 Michigan Department of Community Health (MDCH) has extended the HUD Lead Abatement Program from an ending period of April 30, 1999 to September 30, 1999 and increased the funding from a total of $182,609 to $210,463 (a $27,854 increase). 2) The increase is a 15.25% increase from the original award. 3) No County match is required and no additional personnel is requested. 4) A budget amendment is recommended as follows: REVENUE 1-275616-65000-0171 Grants - State $ 27,854 EXPENDITURES 2-156196-65000-2001 Salaries $ 16,556 2-156196-65000-2075 Fringe Benefits 6,176 2-156196-65000-3574 Personal Mileage 751 2-156196-65000-2776 Equipment Repairs & Maint. 2,680 2-156196-65000-4284 Postage 200 2-156196-65000-4252 Office Supplies 100 2-156196-65000-3409 Indirect Cost 1,391 Total $ 27,854 FINANCE COMMITTEE Moved by Taub supported by Melton the resolution be adopted. Commissioners Minutes Continued. May 27, 1999 207 AYES: Coleman, Devine, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel, Causey-Mitchell, Colasanti. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. REPORT (Misc. #99108) BY: General Government Committee, Shelley G. Taub, Chairperson IN RE: (SUPPORT) HOUSE BILL 4032, TAX RELIEF FOR SENIOR CITIZENS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above-referenced resolution on May 17, 1999, reports with the recommendation that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #99108 BY: Commissioner David L. Moffitt, District #18 IN RE: (SUPPORT) HOUSE BILL 4032, TAX RELIEF FOR SENIOR CITIZENS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the homestead property tax credit or circuit breaker provides taxpayers with an income tax credit for the amount of property taxes paid on their homesteads that exceed a certain percentage of household income; and for seniors this credit is 100 percent of the amount by which property taxes exceed 3.5% of household income for those with household incomes over $6000; and WHEREAS following a lifetime of hard work and sacrifices for their families, our seniors, who often face severely reduced income in their retirement, deserve greater consideration for their property tax burden; and WHEREAS House Bill 4032, which is cosponsored by Representative Raczkowski, would amend the Income Tax Act to increase the homestead property tax credit available to persons 65 years of age and older, by calculating the credit using 3% of household income rather than 3.5%, and would phase out the $1200 credit maximum by indexing that maximum to the rate of inflation. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby support House Bill 4032 to provide much-need property tax relief to Michigan Senior Citizens. BE IT FURTHER RESOLVED that certified copies of this resolution be sent to Oakland County=s legislators, lobbyists and the Michigan Association of Counties. Chairperson, I move the adoption of the foregoing resolution. David L. Moffitt Copy of House Bill 4032 on file in County Clerk=s office. Moved by Taub supported by Moffitt the General Government Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Taub supported by Moffitt the resolution be adopted. AYES: Devine, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel, Causey-Mitchell, Colasanti, Coleman. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. REPORT (Misc. #99119) Commissioners Minutes Continued. May 27, 1999 208 BY: General Government Committee, Shelley G. Taub, Chairperson IN RE: SEPTIC SYSTEM EVALUATIONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above-referenced resolution on May 17, 1999, reports with the recommendation that the resolution be adopted with an amendment to the NOW THEREFORE BE IT RESOLVED paragraph, line 3, adding the words --and Drain Commissioner-- following the words "Health Division." Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE 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 Planning and Building Committee. There were no objections. REPORT BY: General Government Committee, Shelley G. Taub, Chairperson IN RE: FAMILY INDEPENDENCE AGENCY BOARD APPOINTMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Goverment Committee, having reviewed the above-referenced appointment on May 17, 1999, reports with the recommendation that Dr. Grenae Dudley be appointed to the Family Independence Agency Board to fill the current vacancy, with the term expiring October 31, 2001. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERMENT COMMITTEE Copy of Application for Oakland County Service from Grenae Dudley, Ph.D., on file in County Clerk=s office. Commissioners Minutes Continued. May 27, 1999 209 Moved by Schmid supported by Palmer to refer the report back to the General Government Committee. Discussion followed. AYES: Dingeldey, Douglas, Garfield, McCulloch, Obrecht, Palmer, Patterson, Schmid, Taub, Amos, Devine. (11) NAYS: Galloway, Gregory, Jensen, Law, McPherson, Melton, Millard, Moffitt, Sever, Suarez, Appel, Causey-Mitchell, Colasanti, Coleman. (14) A sufficient majority not having voted therefor, the motion failed. Discussion followed. Moved by Taub supported by Moffitt the General Government Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Commissioner Taub nominated Dr. Grenae Dudley for the Family Independence Agency Board for the term expiring October 31, 2001. Commissioner Schmid nominated Donna Huntoon for the Family Independence Agency Board for the term expiring October 31, 2001. Commissioner Coleman moved that nominations be closed; supported by Suarez. A sufficient majority having voted therefor, the motion carried. Vote on Dudley and Huntoon nomination: Douglas - Dudley Patterson - Huntoon Galloway - Huntoon Schmid - Huntoon Garfield - Huntoon Sever - Dudley Gregory - Dudley Suarez - Dudley Jensen - Dudley Taub - Huntoon Law - Dudley Amos - Huntoon McCulloch - Huntoon Appel - Dudley McPherson - Dudley Causey-Mitchell - Dudley Melton - Dudley Colasanti - Dudley Millard - Dudley Coleman - Dudley Moffitt - Dudley Devine - Dudley Obrecht - Dudley Dingeldey - Huntoon Palmer - Huntoon The vote was as follows: Dr. Grenae Dudley, 16; Donna Huntoon, 9 A sufficient majority having voted therefor, Dr. Grenae Dudley was appointed to the Family Independence Agency Board for a term ending October 31, 2001. MISCELLANEOUS RESOLUTION #99127 BY: Personnel Committee, Thomas A. Law, Chairperson IN RE: CENTRAL SERVICES/AVIATION DIVISION - 4/40 WORKWEEK SCHEDULE OPTION FOR AIRPORT MAINTENANCE CLASSIFICATIONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Merit Rule 2, Section 10.1.2 provides for an adjusted workweek schedule for those divisions which have received approval from the County Executive and the Board of Commissioners; and WHEREAS the Aviation Division has reviewed the work schedules and duties performed by employees in the following classifications - Airport Maintenance and Rescue Supervisor, and Airport Maintenance Mechanic I and II; and Commissioners Minutes Continued. May 27, 1999 210 WHEREAS the nature of the work performed by these classifications and the fact that the airport operates 7 days a week, 24 hours a day is an indication that a flexible workweek schedule would benefit the Aviation Division; and WHEREAS the Aviation Division is requesting to implement an adjusted work schedule for these classifications. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Aviation Division the option of assigning a 4 day/40 hour workweek schedule to employees in the classifications of Airport Maintenance and Rescue Supervisor, and Airport Maintenance Mechanic I and II classifications as permitted in Merit Rule 2.10.1.2 and will eliminate the requirement to pay overtime for time worked in excess of a normal eight (8) hour work day however, time worked in excess of 40 hours per week still requires payment of overtime. Chairperson, on behalf of the Personnel Committee, I move adoption of the foregoing resolution. PERSONNEL COMMITTEE Moved by Law supported by Patterson the resolution be adopted. AYES: Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel, Causey-Mitchell, Colasanti, Coleman, Devine, Dingeldey, Douglas. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Commissioner Palmer requested a Public Hearing be scheduled for the purpose of allowing public comment on the Su-Dan Company, EDC Project Plan. The Chairperson scheduled the hearing for June 10, 1999 at 10:00 A.M. in the Board of Commissioners= Auditorium. MISCELLANEOUS RESOLUTION #99128 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: OAKLAND COUNTY DRAIN COMMISSIONER====S REQUEST TO RELINQUISH COUNTY OWNED PROPERTY - COMMERCE TOWNSHIP WATER SUPPLY SYSTEMS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is currently the owner of certain parcels of property located within the Charter Township of Commerce, Oakland County, as described on Attachment A attached hereto, and water distribution systems located thereon; and WHEREAS various developers conveyed to the County all its rights, title and interests in and to said properties, buildings, improvements and equipment, pursuant to Quit Claim Deeds recorded in Liber 4068, Page 88, Liber 4068, Page 89 and Liber 4069, Page 813, Oakland County Records, on April 7, 1960, September 16, 1959 and February 3, 1960 respectively, to operate and maintain the well water production site, located in the Township; and WHEREAS the County has demolished the well house and abandoned the wells in accordance with M.D.E.Q. requirements, and has no further need of fee simple interest; and WHEREAS the County will retain a twenty (20) foot wide permanent easement as described on Attachment B thru the property for the operation and maintenance of a water supply system; and WHEREAS the Township has now requested, by copy of resolution dated January 12, 1999 (copy attached), that the property, contained in the aforedescribed Quit Claim Deeds and as described on Attachment A , be conveyed to the Charter Township of Commerce. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes the conveyance, by Quit Claim Deed, of the County=s rights, title and interests in and to the property, as described, to the Charter Township of Commerce. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes its Chairperson to execute the Quit Claim Deed. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Commissioners Minutes Continued. May 27, 1999 211 Copies of Attachments A and B and Resolution of the Township Board of the Charter Township of Commerce, Mt. Royal Well Site, on file in County Clerk=s office. The Chairperson referred the resolution to the Planning and Building Committee. There were no objections. MISCELLANEOUS RESOLUTION #99129 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT - COMMUNITY DEVELOPMENT DIVISION - FISCAL YEAR 1997/1998 HOME INVESTMENT PARTNERSHIPS PROGRAM COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO) PROJECT DEVELOPMENT CONTRACTS WITH LIGHTHOUSE COMMUNITY DEVELOPMENT AND HOUSING, PLUS, INC. To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the United States Congress enacted the HOME Investment Partnership Act, Title II of the Cranston-Gonzalez National Affordable Housing Act (P.L. 101-625) in 1990; and WHEREAS the U.S. Department of Housing and Urban Development awarded the County of Oakland 1997 HOME funding totaling $1,176,000 on May 3, 1997 and 1998 HOME funding totaling $1,235,000 on May 3, 1998 to preserve and develop affordable housing for low and moderate income persons; and WHEREAS the 1997 and 1998 HOME programs allocate Federally mandated set asides totaling 15% of each grant award ($176,400 and $185,250 respectively) to Community Housing Development Organizations to develop affordable housing and additional amounts equal to 15% of each CHDO allocation ($26,460 and $27,788 respectively) for CHDO operating expenses; and WHEREAS the Oakland County Board of Commissioners accepted the 1997 Federal HOME grant per Miscellaneous Resolution #97109 on May 22, 1997 and the 1998 Federal HOME grant per Miscellaneous Resolution #98125 on May 21, 1998; and WHEREAS the County, under Federal procurement regulations must provide fair and open competition amongst several new Community Housing Development Organizations (CHDOs) which are eligible to compete for CHDO project development funding available through the HOME program; and WHEREAS the Oakland County Board of Commissioners authorized three newly certified CHDOs, Housing, Plus, Inc., Lighthouse Community Development and Your Home Co., Inc. to develop affordable housing project proposals using CHDO operating expense funds per Miscellaneous Resolution #99037; and WHEREAS Oakland County Community Development received and evaluated the viability of affordable housing development project proposals from each of the three agencies; and WHEREAS Oakland County Community Development recommends funding approval of proposals from Lighthouse Community Development to construct and sell two units of single family housing in the Village of Holly to low/moderate income families and Housing, Plus, Inc. to acquire, rehabilitate and sell five scattered site single family housing units to low income persons with disabilities; and WHEREAS the contracts have been reviewed and approved as to form by the Office of Corporation Counsel, Fiscal Services, Risk Management and Personnel; and WHEREAS the Oakland County Community Development Citizens Advisory Council recommended approval of these contracts by unanimous vote on May 12, 1999. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the attached contracts with Lighthouse Community Development ($234,825) to construct two units of single family housing in the Village of Holly to be sold to low/moderate income families and Housing, Plus, Inc. ($266,298) for the acquisition, rehabilitation, and resale of five scattered site single family housing units to low income persons with disabilities. BE IT FURTHER RESOLVED that the Oakland County Executive and the Chairperson of the Oakland County Board of Commissioners are authorized to execute the agreements. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Commissioners Minutes Continued. May 27, 1999 212 Copy of HOME Investment Partnerships Program, Community Housing Development Organization (CHDO), Project Development Contract Between the County of Oakland and Lighthouse Community Development, and HOME Investment Partnerships Program, Community Housing Development Organization (CHDO), Project Development Contract Between the County of Oakland and Housing, Plus, Inc., on file in County Clerk=s office. Moved by Palmer supported by Patterson the resolution be adopted. AYES: Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel, Causey-Mitchell, Colasanti, Coleman, Devine, Dingeldey, Douglas, Galloway. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #99130 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION - RESOLUTION APPROVING PROJECT AREA AND PROJECT DISTRICT AREA (JOHNSON'S PRESS INC. PROJECT) - CITY OF NOVI To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS there exists in the County of Oakland the need for projects to alleviate and prevent conditions of unemployment, to assist and retain local industrial and commercial enterprises in order to strengthen and revitalize the County's economy and to encourage the location and expansion of such enterprises to provide needed services and facilities to the County and its residents; and WHEREAS the Economic Development Corporations Act, Act No. 338 of the Michigan Public Acts of 1974, as amended (the "Act") provides a means for the encouragement of such projects in this County through the County's Economic Development Corporation (the "EDC"); and WHEREAS the EDC has commenced proceedings under the Act for the benefit of such a project (Johnson's Press Inc. Project) and has designated to this Board of Commissioners a Project Area and Project District Area for its approval. NOW THEREFORE BE IT RESOLVED that the Project Area as designated by the 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 Moved by Palmer supported by Schmid the resolution be adopted. AYES: Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel, Causey-Mitchell, Colasanti, Coleman, Devine, Dingeldey, Douglas, Galloway, Garfield. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Commissioners Minutes Continued. May 27, 1999 213 MISCELLANEOUS RESOLUTION #99131 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION - RESOLUTION CONFIRMING APPOINTMENT OF ADDITIONAL EDC DIRECTORS (JOHNSON'S PRESS INC. PROJECT) - CITY OF NOVI 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 (Johnson's Press Inc. Project) under the Economic Development Corporations Act, Act No. 338 of the Michigan Public Acts of 1974, as amended (the "Act"); and WHEREAS it is necessary to confirm the appointment by the County Executive of the County of Oakland of two additional directors to the Board of said Economic Development Corporation in connection with said Project, in accordance with Section 4(2) of the Act. NOW THEREFORE BE IT RESOLVED that the appointments of Jon Dostal and Eleanor Rzepecki, who are representative of neighborhood residents and business interests likely to be affected by said Project, to the Board of Directors of the Economic Development Corporation of the County of Oakland are hereby confirmed in accordance with Section 4(2) of the Act, and such additional directors shall cease to serve when the Project is either abandoned or, if undertaken, is completed in accordance with the Project Plan therefor. BE IT FURTHER RESOLVED that all resolutions or parts thereof in conflict with this resolution are hereby repealed, but only to the extent of such conflict. BE IT FURTHER RESOLVED that the County Clerk is hereby directed to provide four certified copies of this resolution to the Assistant Secretary of the Board of the Economic Development Corporation. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Appointment of Two Additional Directors to the EDC by the County Executive for the Johnson=s Press, Inc. Project, on file in County Clerk=s office. Moved by Palmer supported by Schmid the resolution be adopted. AYES: Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel, Causey-Mitchell, Colasanti, Devine, Dingeldey, Douglas, Galloway, Garfield, Gregory. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #99132 BY: Public Services Committee, Frank H. Millard, Jr., Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY/CLEMIS/EMERGENCY MANAGEMENT - APPLICATION/ACCEPTANCE OF FEMA SNOW EMERGENCY GRANT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland received damage during a snow fall incident of January 1, 1999 through January 15, 1999 with a record or near record snow fall and took such actions as necessary to save lives, protect public health and safety and protect improved property; and WHEREAS it was determined that it was beyond both State and local capabilities to adequately respond and numerous counties in Michigan including Oakland received a Presidential Disaster Declaration (#3137) for public assistance during the period of 48 hours beginning January 4, 1999; and WHEREAS the County of Oakland and the municipalities therein received an award of $1,236,769 with the County=s Federal share in the amount of $32,478 with a 25% County match already expended during the record event. Commissioners Minutes Continued. May 27, 1999 214 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves and accepts the Oakland County public assistance funding as awarded in the amount of $32,478 for FEMA-3137-EM declaration January 27, 1999. PUBLIC SERVICES COMMITTEE FISCAL NOTE (Misc. #99132) BY: Public Services Committee, Frank H. Millard, Jr., Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY/CLEMIS/EMERGENCY MANAGEMENT - APPLICATION/ACCEPTANCE OF FEMA SNOW EMERGENCY GRANT 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. Emergency Management, representing all of Oakland County was awarded a Federal grant from the Federal Emergency Management Association (FEMA). 2. Oakland County was awarded $32,478 representing the 75% Federal share of the $42,888 applied for, for the snow emergency of January 3rd and 4th, 1999. 3. Because FEMA is reimbursing all applicants in the form of a Federal Grant, this resolution is for grant application and acceptance. 4. This fiscal note proposes to book grant revenue proceeds, relieve Facilities Maintenance and Operations, Sheriff, Airport, and Parks and Recreation snow emergency expenditures, and charge these expenditures to the FEMA grant. 5. Fiscal note adjusts actual expenditures and books grant revenue as follows: FEMA Grant Fund #xxx FY 1999 1-14-XXXXXX-XXXXX-0113 Federal Grant Revenue $32,478 2-14-XXXXXX-XXXXX-3468 Reimbursement Operating Expend. $32,478 Total $ 0 FINANCE COMMITTEE Moved by Millard supported by Suarez the resolution be adopted. AYES: Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel, Causey-Mitchell, Colasanti, Devine, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. REPORT (Misc. #99133) BY: Personnel Committee, Thomas A. Law, Chairperson IN RE: SHERIFF DEPARTMENT - CONTRACT FOR LAW ENFORCEMENT SERVICES IN THE CHARTER TOWNSHIP OF ROYAL OAK 1999-2003 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above-mentioned resolution on May 19, 1999, recommends to the Oakland County Board of Commissioners the resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION #99133 BY: Public Services Committee, Frank H. Millard, Chairperson IN RE: SHERIFF'S DEPARTMENT - CONTRACT FOR LAW ENFORCEMENT SERVICES IN THE CHARTER TOWNSHIP OF ROYAL OAK 1999-2003 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is policy of the Oakland County Board of Commissioners to permit the Sheriff's Department to enter into contracts with townships, villages and cities for the purpose of providing Sheriff patrol services; and Commissioners Minutes Continued. May 27, 1999 215 WHEREAS Miscellaneous Resolution #98011 adopted March 5, 1998 established the standard law enforcement services rates for the period 1999-2003; and WHEREAS the Charter Township of Royal Oak, by Board action, has requested that the Oakland County Sheriff provide patrol services to the citizens of the Township; and WHEREAS the Charter Township of Royal Oak has requested that a contract for one (1) Detective Sergeant and nine (9) Deputy II (with fill-in) be created; and WHEREAS the Sheriff has agreed to contract for one (1) Detective Sergeant and nine (9) Deputy II (with fill-in). NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached contract with the Charter Township of Royal Oak for one (1) Detective Sergeant and nine (9) Deputy II (with fill-in). BE IT FURTHER RESOLVED that one (1) Sergeant position and nine (9) Deputy II positions be created in the Contracted Patrol Unit, Patrol Services Division of the Sheriff's Department. BE IT FURTHER RESOLVED that one (1) unmarked vehicle and three (3) patrol vehicles with Mobile Data Terminals, with four (4) mobile and prep radios be added to the County fleet. BE IT FURTHER RESOLVED that this contract will take effect on June 5, 1999. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Oakland County Sheriff=s Department, 1999-2003 Law Enforcement Services Agreement with Charter Township of Royal Oak on file in County Clerk=s office. FISCAL NOTE (Misc. #99133) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFF=S DEPARTMENT - CONTRACT FOR LAW ENFORCEMENT SERVICES IN THE CHARTER TOWNSHIP OF ROYAL OAK 1999-2003 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 Charter Township of Royal Oak has requested a contract with the Oakland County Sheriff, effective May 29, 1999, for the Sheriff to provide the Township the services of one (1) Detective Sergeant and nine (9) Deputy II (with fill-in). 2. This is a new contract, which will require the creation of one (1) General Fund/General Purpose (GF/GP) Sergeant position and nine (9) GF/GP Deputy II positions in the Sheriff=s Patrol Services Division. 3. It is also necessary to purchase one (1) unmarked vehicle and three (3) patrol vehicles with MDTs, and four (4) mobile and prep radios. 4. This new contract will increase GF/GP budgeted revenues and expenditures by $938,599 on an annual basis, $339,874 for the balance of Fiscal Year 1999. The one-time capital cost for the four (4) vehicles, mobile and prep radios will be transferred from the non-departmental contingency account. 5. The Fiscal Year 1999 and Fiscal Year 2000 Budget should be amended per the attached schedule. FINANCE COMMITTEE Copy of Oakland County Sheriff Department, Law Enforcement Services Contracts, Royal Oak Township Contract, on file in County Clerk=s office. Moved by Millard supported by Coleman the Personnel Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Millard supported by Coleman the resolution be adopted. Commissioners Minutes Continued. May 27, 1999 216 AYES: McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Amos, Appel, Causey-Mitchell, Colasanti, Coleman, Devine, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #99134 BY: Public Services Committee, Frank Millard, Chairperson IN RE: PUBLIC SERVICES/ANIMAL CONTROL DIVISION - RENEWAL OF CITY OF ROYAL OAK ANIMAL CONTROL SERVICES AGREEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Animal Control Division administers the provisions of Public Act 339 of 1919 as amended (The Dog Law); and WHEREAS the City of Royal Oak is seeking renewal of animal control services on a five-year agreement basis; and WHEREAS the Oakland County Animal Control Division and the Department of Management and Budget, through a financial analysis, have found that the Oakland County Animal Control Division is in a position to accommodate the City of Royal Oak=s request; and WHEREAS County and City of Royal Oak officials have reached agreement with respect to scope of services and compensation; and WHEREAS the government of Oakland County would recover 100% of its costs incurred in rendering services to the City of Royal Oak. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached agreement for animal control services between the County and the City of Royal Oak. BE IT FURTHER RESOLVED that the County Executive and Chairperson of the Board of Commissioners are herewith authorized to sign the agreement on behalf of the County. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Agreement to Provide Services between the County of Oakland and the City of Royal Oak on file in County Clerk=s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. REPORT (Misc. #99114) BY: Personnel Committee, Thomas A. Law, Chairperson IN RE: SHERIFF DEPARTMENT - USE OF FORFEITED FUNDS/K-9 UNIT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above-mentioned resolution on May 19, 1999, recommends to the Oakland County Board of Commissioners the resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE 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 Commissioners Minutes Continued. May 27, 1999 217 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. PUBLIC SERVICES COMMITTEE FISCAL NOTE (Misc. #99114) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFF DEPARTMENT - USE OF FORFEITED FUNDS/K-9 UNIT 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 Sheriff=s Department is requesting to use funds forfeited through narcotic seizures to establish a K-9 program which includes the purchase and maintenance of four (4) trained dogs, four (4) patrol vehicles with MDTs, radios, and E/Z Rider K-9 equipment, and the construction of a kennel. 2. Current staff will be handling the dogs, so new positions within Patrol Services will not be necessary. 3. Approval of this resolution is contingent upon the County reaching an agreement with the Oakland County Sheriff Deputies Association regarding compensation to handlers performing animal maintenance at home. 4. For Fiscal Year 1999, capital costs for dogs, kennel, and equipped vehicles equal $110,232 and operating costs equal $87,100; for Fiscal Year 2000, operational costs equal $34,000. 5. To account for the use of these funds from the Sheriff=s Law Enforcement Enhancement Account, a budget amendment must be made as shown on the attached sheet. FINANCE COMMITTEE Copy of Oakland County Sheriff=s Department, K-9 Program on file in County Clerk=s office. Moved by Millard supported by McCulloch the Personnel Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Millard supported by McCulloch the resolution be adopted. Commissioners Minutes Continued. May 27, 1999 218 AYES: McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel, Causey-Mitchell, Colasanti, Coleman, Devine, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. REPORT (Misc. #99118) BY: Public Services Committee, Frank H. Millard, Chairperson IN RE: EMERGENCY TELEPHONE SERVICE ENABLING ACT - HOUSE BILL 4858 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Public Services Committee, having reviewed the above-referenced resolution on May 18, 1999, reports with the recommendation that the resolution be adopted with amendments as proposed by the General Government Committee. Chairperson, on behalf of the Public Services Committee, I move acceptance of the foregoing report. PUBLIC SERVICES COMMITTEE REPORT (Misc. #99118) BY: General Government Committee, Shelley G. Taub, Chairperson IN RE: EMERGENCY TELEPHONE SERVICE ENABLING ACT - HOUSE BILL 4858 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above-referenced resolution on May 17, 1999, reports with the recommendation that the resolution be adopted with the following amendments: C In the "IN RE: paragraph", change "House Bill 4858" to --House Bill 4658--; C In the third WHEREAS paragraph, last sentence, insert --Public Service Answering Points-- before the word "(PSAPS)"; C In the sixth WHEREAS paragraph, line 1, delete the word "cellular" and insert the words --wireless telephone subscribers--; C In the seventh WHEREAS paragraph, line 2, change the word "entirely" to --primarily--; C Delete the NOW THEREFORE BE IT RESOLVED paragraph in its entirety and insert the following new paragraph: NOW THEREFORE BE IT RESOLVED that Oakland County strongly urges this legislature to amend the proposed Act (House Bill 4658) as follows: Sec. 409(1) (B) TEN FIVE CENTS OF EACH MONTHLY SERVICE CHARGE COLLECTED UNDER SECTION 408 SHALL BE DISBURSED EQUALLY TO EACH COUNTY THAT HAS A FINAL 9-1-1 PLAN IN PLACE. MONEY RECEIVED BY A COUNTY UNDER THIS SUBDIVISION SHALL NOT BE USED TO SUPPLANT MONEY RECEIVED FROM ANY OTHER SOURCE BY THAT COUNTY. (C) TEN FIFTEEN CENTS OF EACH MONTHLY CHARGE COLLECTED UNDER SECTION 408 SHALL BE DISBURSED TO EACH COUNTY THAT HAS A FINAL 9-1-1 PLAN IN PLACE ON A PER CAPITA BASIS. THE COMMITTEE SHALL CERTIFY TO THE DEPARTMENT OF TREASURY ANNUALLY WHICH COUNTIES HAVE A FINAL 9-1-1 PLAN IN PLACE. THE MOST RECENT CENSUS CONDUCTED BY THE UNITED STATES CENSUS BUREAU SHALL BE USED TO DETERMINE THE POPULATION OF EACH COUNTY IN DETERMINING THE PER CAPITA BASIS IN THIS SUBDIVISION. MONEY RECEIVED BY A COUNTY UNDER THIS SUBDIVISION SHALL NOT BE USED TO SUPPLANT MONEY RECEIVED FROM ANY OTHER SOURCE BY THAT COUNTY. (D) THE DISBURSEMENT FORMULA IN SUBSECTION 490(1)(B) AND 490 (1)(C) SHALL BE REVIEWED ONE YEAR AFTER COMMENCEMENT OF COLLECTION WHEN INFORMATION REGARDING THE NUMBER AND GEOGRAPHIC LOCATION OF WIRELESS TELEPHONE SUBSCRIBERS AND USAGE IS AVAILABLE TO FACTOR INTO THE FORMULA FOR FUNDS DISTRIBUTION. C Delete the first BE IT FURTHER RESOLVED paragraph in its entirety. Commissioners Minutes Continued. May 27, 1999 219 Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #99118 BY: Commissioner Don Jensen, District #15 IN RE: EMERGENCY TELEPHONE SERVICE ENABLING ACT - HOUSE BILL 4858 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: C 2 cent to the CMRS supplier to cover the costs of billing and collection, C 25 cents to reimburse CMRS suppliers for providing and installing equipment that implements the wireless emergency service order under the act, C 10 cents to be disbursed equally to each county that has a final 911 plan in place, C 10 cents to each county on a per capita basis, C 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. David L. Moffitt, John P. Garfield, Nancy L. Dingeldey, Ruel E. McPherson, Don Jensen, Michelle Friedman Appel Moved by Millard supported by Jensen the Public Services Committee and General Government Committee Reports be accepted. A sufficient majority having voted therefor, the reports were accepted. Moved by Millard supported by Jensen the resolution be adopted. Moved by Millard supported by Jensen the resolution be amended to coincide with the recommendation in the General Government Committee Report. Commissioners Minutes Continued. May 27, 1999 220 A sufficient majority having voted therefor, the amendment carried. Vote on resolution, as amended: AYES: Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel, Causey-Mitchell, Colasanti, Coleman, Devine, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, as amended, was adopted. MISCELLANEOUS RESOLUTION #99135 BY: Commissioners Eric Coleman, District #21; Frank H. Millard, Jr., District #4 IN RE: HEALTH DIVISION - FOOD HANDLING POLICY AND EDUCATION PROGRAM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS food-borne illness kills over 10,000 people each year. Many of these food-borne outbreaks originate in food service operations. According to the Food and Drug Administration (FDA), as many as 40% are the result of poor hand washing and cross-contamination; and WHEREAS hand-transmission is a critical factor in the spread of bacteria, pathogens and viruses which cause disease and food-borne illness. While everyone is vulnerable, over one-third of the population is at high risk, including the elderly, young children, pregnant women, and those with compromised immune systems (including those with the common cold or a seasonal flu); and WHEREAS the Food and Drug Administration (FDA) revised Food Code of 1997 recommends the implementation of Hazard Analysis and Critical Control Point (HACCP) guidelines. The HAACP is a prevention-based food safety system that is designed to prevent the occurrence of potential food safety problems and stresses proper hand washing and use of utensils or gloves for working with ready-to-eat foods; and WHEREAS the FDA is recommending the implementation of HACCP in food establishments because it is a system of preventive controls that is the most effective and efficient way to ensure that food products are safe. A HACCP system clearly identifies the food establishment as the final party responsible for ensuring the safety of the food it produces; and WHEREAS a good education and training program for food handling and sanitation is key to successful HAACP implementation. Critical in any food establishment is ongoing personnel training, including management. Personnel training should instill and nurture an understanding of where potential problems exist and appropriate food handling practices. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby request the Oakland County Department of Human Services/Health Division to amend Article IV of the Sanitation Code for Oakland County to include the following: 1. A requirement that the Health Division develop and implement a comprehensive Food Handling Safety and Education Program for food service personnel in Oakland County. 2. A requirement that prior to receiving a permit to operate a new food service business in Oakland County each business applicant shall have at least one (1) employee/staff member per food service business site who has successfully completed a food service manager certification program offered by the Oakland County Health Division, the Michigan Restaurant Association, the Michigan Department of Agriculture or successor agency or a food service manager certification program offered through a Michigan community college, college or university that meets Michigan criteria for food service manager certification. 3. A requirement that within five (5) years of adoption of a revised Article IV of the Oakland County Sanitary Code, all food service businesses operating within Oakland County shall be required to have at least one (1) employee/staff member per business site who has successfully completed a food service manager certification program offered by the Health Division, the Michigan Restaurant Commissioners Minutes Continued. May 27, 1999 221 Association, the Michigan Department of Agriculture or successor agency or a food service manager certification program offered through a Michigan community college, college or university that meets Michigan criteria for food service manager certification. 4. A requirement that any employee/staff member of a food service business operating in Oakland County that handles food or unsealed food container(s) should wear hair coverings and shall minimize bare-hand contact with ready-to-eat foods by the use of disposable gloves, deli tissue, suitable utensils or dispensing equipment, except when washing fruits and vegetables, or as otherwise authorized by State law or rules. 5. A requirement that each food service business operating in Oakland County incorporate verbal and visual (e.g. signs, printed procedures, etc.) reminders to employees/staff members that reinforces the importance of proper hand washing and emphasizes to food handlers that disposable gloves or other sanitary alternatives are not a replacement for proper hand washing. The use of utensils, including deli tissues, spatulas, tongs, or single-use gloves shall be preceded by thorough hand washing. Hands should be washed and disposable gloves should be discarded after engaging in any activities that may contaminate hands and/or gloves. Examples include the following: A. After touching bare human body parts. B. After using the restroom. C. After handling animals. D. After coughing, sneezing, using a tissue, using tobacco, eating, or drinking. E. After handling soiled equipment or utensils. F. Before food preparation. G. When switching between raw foods and ready-to-eat foods. H. After handling money. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners shall create one (1) Senior Public Health Sanitarian position within the Health Division=s Environmental Health Services to implement and conduct the comprehensive food handling safety and education program. BE IT FINALLY RESOLVED that the Oakland County Board of Commissioners does hereby request the Oakland County Health Division to conduct a public hearing regarding revisions to Article IV and to present recommendations for amending Article IV of the Oakland County Sanitary Code and implementation of a comprehensive Food Handling Safety and Education Program to the Board of Commissioners within ninety (90) days. Chairperson, we move the adoption of the foregoing resolution. Eric Coleman, District #21, Frank H. Millard, Jr., District #4 The Chairperson referred the resolution to the General Government and Finance Committees. There were no objections. In accordance with Rule XXII, the Chairperson made the following referrals: GENERAL GOVERNMENT COMMITTEE a. Iron County Board of Commissioners - Non-Residents Voting Rights b. Lapeer County Board of Commissioners - MAC Judiciary and Public Safety Committee c. Bob Daddow - Wireless Communication - Pending Legislation PUBLIC SERVICES COMMITTEE a. Lapeer County Board of Commissioners - MAC Judiciary and Public Safety Committee b. Bob Daddow - Wireless Communication - Pending Legislation There were no objections to the referrals. The Board adjourned at 11:17 A.M. to the call of the Chair or June 10, 1999 at 9:30 A.M. G. WILLIAM CADDELL JOHN P. McCULLOCH Clerk Chairperson