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HomeMy WebLinkAboutMinutes - 1999.08.05 - 8274 304 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES August 5, 1999 Meeting called to order by Chairperson John McCulloch at 10:23 A.M. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Amos, Appel, Causey-Mitchell, Colasanti, Coleman, Douglas, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub. (21) ABSENT: Devine, Dingeldey, Galloway, Moffitt (all with notice). (4) Quorum present. Invocation given by Commissioner Taub. Pledge of Allegiance to the Flag. Moved by Palmer supported by Schmid the minutes of the July 15, 1999 Board meeting be approved. A sufficient majority having voted therefor, the minutes were approved, as printed. Moved by Sever supported by Patterson the rules be suspended and the agenda be amended, as follows: C Add to the Regular Agenda, as Public Services Committee, item o: Creation of the Fiscal Year 1999 Oakland County Advisory Board for the Local Law Enforcement Block Grant; C Remove Public Services Committee, item a: #99162, Sheriff Department - Contract Amendment to Add One (1) Patrol Sergeant Position for Law Enforcement Services in the City of Rochester Hills, 1999-2003, from the Consent Agenda to the Regular Agenda. AYES: Amos, Appel, Causey-Mitchell, Colasanti, Coleman, Douglas, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub. (21) 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 Chairperson John McCulloch appointing the following individuals to serve on the Local Law Enforcement Block Grant Advisory Board: Commissioners Minutes Continued. August 5, 1999 305 Judy Cunningham, Circuit Court Administrator Mary Larkin, Chief Prosecuting Attorney - Administration Jeffrey Pardee, Deputy Director, Department of Management and Budget George Miller, Manager, Community Corrections Division Ron Frink, Children=s Village School Barnett Jones, Sheriff=s Department Charles E. Palmer, Commissioner, Board of Commissioners Ruel E. McPherson, Commissioner, Board of Commissioners There being no objections, the appointments were confirmed. The Chairperson made the following statement: "A Public Hearing is now called on the Maple Avenue, L.L.C., EDC Project. Are there any persons present who wish to speak?" No persons requested to speak and the Chairperson declared the Public Hearing closed. Commissioner Fran Amos presented a Community Mental Health update. On behalf of the Board, Commissioner Schmid and Chairperson McCulloch congratulated Commissioner Fran Amos for being chosen by the American Business Women=s Association as one of the nation=s top ten business women for the year 2000. A certificate of recognition was presented recognizing Mrs. Amos= quality service in the public and private sector. Bill McMaster and James Mroczkowski addressed the Board. Moved by Palmer supported by Causey-Mitchell the resolutions on the Consent Agenda be adopted (with accompanying reports being accepted). (The vote on this motion appears on page 314.) The resolutions on the Consent Agenda follow (annotated by an asterisk [*]): * MISCELLANEOUS RESOLUTION #99181 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 (CREATIVE PROPERTIES, INC. PROJECT) - ORION CHARTER TOWNSHIP To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS there exists in the County of Oakland the need for projects to alleviate and prevent conditions of unemployment, to assist and retain local industrial and commercial enterprises in order to strengthen and revitalize the County's economy and to encourage the location and expansion of such enterprises to provide needed services and facilities to the County and its residents; and WHEREAS the Economic Development Corporations Act, Act No. 338 of the Michigan Public Acts of 1974, as amended (the "Act") provides a means for the encouragement of such projects in this County through the County's Economic Development Corporation (the "EDC"); and WHEREAS the EDC has commenced proceedings under the Act for the benefit of such a project (Creative Properties, 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. Commissioners Minutes Continued. August 5, 1999 306 Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of attachments on file in County Clerk=s office. (The vote for this motion appears on page 314) * MISCELLANEOUS RESOLUTION #99182 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION - RESOLUTION CONFIRMING APPOINTMENT OF ADDITIONAL EDC DIRECTORS (CREATIVE PROPERTIES, INC. PROJECT) - ORION CHARTER TOWNSHIP To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS this Board of Commissioners has received a resolution from the Board of Directors of the Economic Development Corporation of the County of Oakland designating a Project Area and Project District Area for a project (Creative Properties, 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 Colette Dywasuk and James Marleau, 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 Creative Properties, Inc. Project (Creative Techniques, Inc.) on file in County Clerk=s office. (The vote for this motion appears on page 314.) * MISCELLANEOUS RESOLUTION #99183 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION - RESOLUTION APPROVING PROJECT PLAN (MAPLE AVENUE LIMITED LIABILITY COMPANY PROJECT) - CITY OF TROY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Economic Development Corporation of the County of Oakland (the "EDC") has recommended that the Board of Commissioners approve the Project Plan required by the Economic Development Corporations Act (the "Act") for the captioned Project, a copy of which has been presented to this meeting (the "Project Plan"); and WHEREAS the EDC's recommendations to the Board of Commissioners were based upon its determinations that the Project is reasonable and necessary to effectuate the purposes of the Act and that the Project Plan satisfies all of the requirements of the Act regarding project plans; and Commissioners Minutes Continued. August 5, 1999 307 WHEREAS the governing body of the City of Troy, Oakland County, Michigan, has also approved the Project Plan and given its consent to the exercise of jurisdiction over the Project by the EDC; and WHEREAS the Board of Commissioners has held a public hearing to consider whether the Project Plan constitutes a public purpose as contemplated by the Act; and WHEREAS the Board of Commissioners, following such public hearing and its review of the Project Plan, concurs in the determinations of the EDC with respect thereto. NOW THEREFORE BE IT RESOLVED that the Project Plan is hereby determined to constitute a public purpose as contemplated by the Act and is hereby approved. BE IT FURTHER RESOLVED that the EDC is hereby authorized to take such steps as are necessary to implement the Project and the financing thereof by the issuance of its limited obligation revenue bonds as contemplated by the Project Plan. BE IT FURTHER RESOLVED that the County Clerk is hereby directed to provide four certified copies of this resolution to the Assistant Secretary of the Board of the EDC. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Maple Avenue Limited Liability Company Project, Project Plan, on file in County Clerk=s office. (The vote for this motion appears on page 314.) * REPORT (Misc. #99161) BY: Personnel Committee, Thomas A. Law, Chairperson IN RE: SHERIFF DEPARTMENT - CONTRACT AMENDMENT FOR LAW ENFORCEMENT SERVICES IN THE CITY OF ROCHESTER HILLS 1999-2003 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above-referenced resolution on July 28, 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 #99161 BY: Public Services Committee, Frank H. Millard, Chairperson IN RE: SHERIFF=S DEPARTMENT - CONTRACT AMENDMENT FOR LAW ENFORCEMENT SERVICES IN THE CITY OF ROCHESTER HILLS 1999-2003 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the City of Rochester Hills has contracted with the Oakland County Sheriff=s Department to provide law enforcement services for the City (Miscellaneous Resolution #98011); and WHEREAS paragraph 23 of this agreement provides that an amendment to this agreement must be approved by concurrent resolutions of both the Oakland County Board of Commissioners and the City of Rochester Hills Council; and WHEREAS the City of Rochester Hills is requesting a proposed amendment to the contract (Schedule A-Sheriff=s Deputies Contracted) which would add three (3) Deputy II (no-fill) resulting in a new total of thirty-five (35) Deputy II (no-fill) being contracted and bring the total number of contracted deputies to fifty-three (53); and WHEREAS the Sheriff has agreed to add three (3) Deputy II (no-fill) for the City of Rochester Hills under the terms of this agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves an amendment to the original Schedule A (Sheriff Deputies Contracted) of the Oakland County Sheriff=s Department 1999-2003 Law Enforcement Services Agreement with the City of Rochester Hills to increase the number of Deputy II (no-fill) from thirty-two (32) to a new total of thirty-five (35). Commissioners Minutes Continued. August 5, 1999 308 BE IT FURTHER RESOLVED that three (3) Deputy II positions be created in the Contracted Patrol-Rochester Hills Unit, Patrol Services Division of the Sheriff=s Department. BE IT FURTHER RESOLVED that one (1) marked patrol vehicle (with mobile, prep radio and MDT) be added to the County fleet. BE IT FURTHER RESOLVED that this amendment will take effect on August 14, 1999. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of City of Rochester Hills, Schedules A and A-1 as Amended, Sheriff=s Deputies Contracted For And To Be Assigned to Municipality, on file in County Clerk=s office. FISCAL NOTE (Misc. #99161) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFF DEPARTMENT - CONTRACT AMENDMENT FOR LAW ENFORCEMENT SERVICES IN THE CITY OF ROCHESTER HILLS 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 City of Rochester Hills has requested an amendment to their law enforcement services contract with the Sheriff, effective August 14, 1999, to add three (3) Deputy II (no fill) positions, bringing the total number of Deputy II (no-fill) to thirty-six (36). 2. This amendment will increase the number of officers contracted to the City of Rochester Hills to a total of fifty-three (53). 3. The new positions will require the creation of three (3) Deputy II positions in the Contracted Patrol Unit, Patrol Services Division of the Sheriff=s Department. It will also be necessary to purchase one (1) marked patrol vehicle with MDT, mobile and prep radios to support the position. 4. This change will cause an increase in budgeted revenue and expenditures of $27,934 for Fiscal Year 1999, $247,503 for Fiscal Year 2000 and $268,922 for Fiscal Year 2001. 5. A one-time capital cost of $27,558 for the vehicle and associated equipment will come from non-departmental contingency. 6. The Fiscal Year 1999 Budget should be amended per the attached worksheet, Fiscal Year 2000 and Fiscal Year 2001 County Executive Recommended Budget will be amended during the Finance Committee budget hearing process. FINANCE COMMITTEE Copy of Oakland County Sheriff Department, Law Enforcement Services Contracts, Additional Three Deputy II (no-fill) for City of Rochester Hills, on file in County Clerk=s office. (The vote for this motion appears on page 314.) * REPORT (Misc. #99160) BY: Personnel Committee, Thomas A. Law, Chairperson IN RE: PUBLIC SERVICES/COMMUNITY CORRECTIONS - CREATION OF ONE (1) GF/GP PRETRIAL SERVICES INVESTIGATOR I POSITION FOR THE CLUB >>>>EM PROGRAM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above-referenced resolution on July 28, 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 #99160 BY: Public Services Committee, Frank H. Millard, Chairperson Commissioners Minutes Continued. August 5, 1999 309 IN RE: PUBLIC SERVICES/COMMUNITY CORRECTIONS - CREATION OF ONE (1) GF/GP PRETRIAL SERVICES INVESTIGATOR I POSITION FOR THE CLUB >EM PROGRAM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Community Corrections Division is affected by legislation for repeat offenders and is addressing the significant impact for sentencing and sanctions of drunk and suspended licensed drivers; and WHEREAS the repeat offender legislation will take effect on October 1, 1999, and provides for longer periods of license suspension, vehicle immobilization, vehicle forfeiture, and ignition interlock; and WHEREAS with the new legislation, vehicles can be immobilized for up to 180 days, an increase from the 120 days mandated by current law; and WHEREAS the Club >Em Program in Community Corrections has been providing vehicle immobilization since October of 1998, and the number of monthly immobilizations has increased during 1999; and WHEREAS the new legislation will require district courts to adhere to stricter guidelines regarding the immobilizing of vehicles, and Community Corrections will therefore assist more district courts; and WHEREAS with this new legislation, Community Corrections can now immobilize vehicles for offenses other than the present drunk driving offenses; and WHEREAS due to the increase in vehicle immobilizations, Community Corrections is requesting an additional Pre-Trial Services Investigator I position in the Court Community Service Unit, and program fees will cover the cost of this position. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the creation of one (1) GF/GP Pretrial Services Investigator I position in the Court Community Service Unit. Chairperson, on behalf of the Public Services Committee, I move the acceptance of the foregoing resolution. PUBLIC SERVICES COMMITTEE FISCAL NOTE (Misc. #99160) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: PUBLIC SERVICES/COMMUNITY CORRECTIONS - CREATION OF ONE (1) GF/GP PRETRIAL SERVICES INVESTIGATOR I POSITION FOR THE CLUB >EM PROGRAM 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. Community Corrections Division is affected by legislation for repeat offenders and is addressing the significant impact for sentencing and sanctions of drunk and suspended license drivers. 2. Effective October 1, 1999, legislation provides for longer periods of license suspension and vehicle immobilization, an increase to 180 days from the 120 days mandated by current law. 3. The new legislation will require Community Corrections Club >Em to assist more district courts and immobilize vehicles for offenses other than the present drunk driving offenses. 4. To accommodate the additional workload, Community Corrections requests an additional Pre-Trial Services Investigator I position to be compensated for by additional fees generated by this position. 5. The annual salary and fringe benefit cost associated with this amendment amounts to approximately $44,700. 6. For the remainder of Fiscal Year 1999, the budget will be amended as follows: Revenue: 17-403100-70222-0163 Fees and Collections $2,425 Expenses 17-403200-70222-2001 Salaries $2,334 17-403200-70222-2075 Fringes 91 $2,425 $ 0 7. Amendments to the Fiscal Year 2000 and Fiscal Year 2001 County Executive Recommended Budget will be presented during the Finance Committee=s budget review process. Commissioners Minutes Continued. August 5, 1999 310 FINANCE COMMITTEE (The vote for this motion appears on page 314.) * MISCELLANEOUS RESOLUTION #99180 BY: Public Services Committee, Frank H. Millard, Chairperson IN RE: CIRCUIT COURT/FRIEND OF THE COURT DIVISION - IMPLEMENTATION OF THE CHILD SUPPORT ENFORCEMENT SYSTEM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Family Independence Agency (FIA) is charged with Child Support Enforcement administration and is responsible for the development, implementation and support of the application called Child Support Enforcement System (CSES); and WHEREAS CSES is a comprehensive statewide child support system, including centralized collections and disbursements, which will meet all Federal system requirements and will be installed in all components of the Michigan IV-D program: Office of Child Support central office, Friend of the Court offices, Office of Child Support field offices and Prosecuting Attorney offices; and WHEREAS annual statewide activity results in approximately 12 million transactions, over 836,000 cases, and $1.3 billion in collections. Of the 83 counties in Michigan, 68 are currently using CSES, with the current plan that all counties will be utilizing the system by October 1, 2000; and WHEREAS previous failures to implement CSES within the federally required time period (October 1, 1997) resulted in a 4% reduction in Title IV-D funds in 1998 and an additional 8% in 1999. The combined penalties for Fiscal Year 1998 and Fiscal Year 1999, amounting to $12.5 million, were absorbed by the State; and WHEREAS the penalties for non-compliance continue to increase; 16%, equivalent to $17.4 million for Fiscal Year 2000 and 24%, equivalent to $25.5 million for Fiscal Year 2001; and WHEREAS Senate Bill 365, FIA Budget Authorization, which has passed and ordered enrolled includes a hold-harmless clause for county governments which reads as follows: A county shall be required to pay a penalty due to the State=s failure to be in compliance with Federal child support enforcement system requirements unless the county, Friend of the Court and the department have a written agreement that outlines the county=s commitment to participate in the federally required child support enforcement system and the county complies with a timeline for completion established by the department; and WHEREAS FIA has entered into a contract with Oracle Corporation to perform a High Volume Assessment of the large non-CSES counties, including Wayne, Oakland, Macomb and Genesee Counties, which will serve as a blueprint for migration to a future CSES system that meets the requirements of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996, otherwise known as Welfare Reform; and WHEREAS the Board of Commissioners approved Miscellaneous Resolution #95043 (dated March 2, 1995) which supports the position taken by the Friend of the Court Association requiring the State to resolve the operating and technical problems in the Child Support Enforcement System (CSES) prior to implementation in Oakland County; and WHEREAS the resolution further resolved that CSES operating and technical capabilities must be greater than the current computer system in place at the Oakland County Friend of the Court prior to its implementation in Oakland County and that all conversion costs shall be borne by the State of Michigan, and that no additional staff shall be required after conversion applicable to the CSES computer system; and WHEREAS failure to participate may result in a system foisted upon Oakland County that fails to meet the business needs of our clients; and WHEREAS the County Executive recommends approval of this resolution. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes Oakland County=s participation in the development and implementation of a Child Support Enforcement System, including centralized collections and disbursements, which meets the business needs of Oakland County, as well as the requirements of Commissioners Minutes Continued. August 5, 1999 311 the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996. BE IT FURTHER RESOLVED that execution of this resolution is as confirmed in writing by Douglas E. Howard, Director of the Family Independence Agency, in his attached letter dated June 28, 1999. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of letter from Douglas E. Howard, Director of the State of Michigan Family Independence Agency, on file in County Clerk=s office. FISCAL NOTE (Misc. #99180) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: CIRCUIT COURT/FRIEND OF THE COURT DIVISION - IMPLEMENTATION OF THE CHILD SUPPORT ENFORCEMENT SYSTEM 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 authorizes Oakland County=s participation in the development and implementation of the Child Support Enforcement System (CSES) including centralized collection and disbursements. 2. Information Technology estimates that approximately 740 staff hours will be required to participate in the first phase of CSES conversion in Oakland County, at a cost of $70,000. 3. Funding has not been included in the Fiscal Year 1999 Amended budget to implement Phase I of this conversion, nor is additional funding available from the Friend of the Court Cooperative Reimbursement program to fund this effort. 4. Because the Uniform Budgeting and Accounting Act for Local Units of Government (UBAA), 1978 Public Act 621 provides that an expenditure shall not be incurred except in pursuance of the authority and appropriations of the legislative body of the local unit, an additional appropriation is required to provide Information Technology the resources necessary to implement the first phase of CSES conversion. 5. Funds are available in the non-departmental contingency account for transfer to Information Technology to be used to cover Phase I of the CSES conversion, the Fiscal Year 1999 Budget should be amended as follows: General Fund Expenditures 90-290000-25000-2564 Contingency ($70,000) 90-210000-21000-8001 Tran. Out Info. Tech 70,000 $ 0 7. This appropriation will only cover the first phase of CSES conversion, additional costs, and requested appropriations, are to be expected. FINANCE COMMITTEE (The vote for this motion appears on page 314.) * MISCELLANEOUS RESOLUTION #99159 BY: Public Services Committee, Frank H. Millard, Jr., Chairperson IN RE: CIRCUIT COURT - ACCEPTANCE OF FUNDS REGARDING JUDGE RICHARD KUHN AND SALLY KUHN SCHOLARSHIP To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Circuit Judge Richard Kuhn and his wife, Mrs. Sally Kuhn, have generously established a scholarship to benefit law clerks employed by the Circuit Court and enrolled in law school; and WHEREAS funds contributed by Judge Kuhn and Mrs. Kuhn for this purpose will be accepted by the Board of Commissioners as a gift to the County pursuant to MCL 45.556; and Commissioners Minutes Continued. August 5, 1999 312 WHEREAS the funds will be placed in a general ledger accounts payable designated for Law Clerk Scholarships; and WHEREAS a Scholarship Committee named by Judge Kuhn and Mrs. Kuhn shall be authorized to award the scholarship funds and direct payment by the County to the recipient(s). NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves receiving funds donated for the Judge Richard Kuhn and Sally Kuhn Scholarship as a gift in accordance with MCL 45.556, and that the Scholarship Committee so named is authorized to direct payment to the scholarship recipient(s). Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE FISCAL NOTE (Misc. #99159) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: CIRCUIT COURT - ACCEPTANCE OF FUNDS REGARDING JUDGE RICHARD KUHN AND SALLY KUHN SCHOLARSHIP 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 no budget amendments nor fiscal changes are required in order to accept the funds donated by Judge Richard Kuhn and Sally Kuhn. FINANCE COMMITTEE (The vote for this motion appears on page 314.) * MISCELLANEOUS RESOLUTION #99179 BY: Public Services Committee, Frank H. Millard, Chairperson IN RE: SHERIFF'S DEPARTMENT - CONTRACT FOR SPECIAL EVENT LAW ENFORCEMENT SERVICES IN THE TOWNSHIP OF GROVELAND 1999-2001 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is the 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 WHEREAS Miscellaneous Resolution #98012, adopted March 5, 1998 established the standard Law Enforcement Services overtime rates for the period 1999-2003; and WHEREAS the Township of Groveland, by Board action, has requested that the Oakland County Sheriff provide patrol services to the citizens of the Township for special events; and WHEREAS the Township of Groveland has requested that a contract for special events on an overtime basis be authorized; and WHEREAS the Sheriff has agreed to contract for this service with the Township of Groveland. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached contract with the Township of Groveland for special events on an overtime basis at rates established by this Board. BE IT FURTHER RESOLVED that this contract will take effect on August 7, 1999. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Contract for Auxiliary Sheriff=s Deputy Services for the Township of Groveland on file in County Clerk=s office. FISCAL NOTE (Misc. #99179) BY: Finance Committee, Sue Ann Douglas, Chairperson Commissioners Minutes Continued. August 5, 1999 313 IN RE: SHERIFF=S DEPARTMENT - CONTRACT FOR SPECIAL EVENT LAW ENFORCEMENT SERVICES IN THE TOWNSHIP OF GROVELAND 1999-2001 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 requested that the Oakland County Sheriff Department provide patrol services to the citizens of the Township for special events on an overtime basis. 2. The contract would take effect on August 7 beginning with services for the Renaissance Fair which runs weekends in August and September. 3. To cover this event, Groveland is requesting four (4) Deputy IIs and one (1) Sergeant for ten (10) hours a day for fifteen (15) days. 4. The Fiscal Year 1999 Budget should be amended as follows: Revenue FY 1999 101-43-013601-20004-0907 Reimb of Salaries $31,998 Expenditures 101-43-023618-30003-2002 Overtime $31,998 $ 0 FINANCE COMMITTEE (The vote for this motion appears on page 314.) * MISCELLANEOUS RESOLUTION #99158 BY: Public Services Committee, Frank H. Millard, Chairperson IN RE: EMERGENCY MANAGEMENT/TORNADO WARNING SYSTEM EXPANSION - TOWNSHIP OF ADDISON 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 Addison has executed the attached purchase agreement; and WHEREAS the Township of Addison 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 Addison 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. 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 Addison. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Purchase Agreement Between the County of Oakland and the Township of Addison and the Township of Addison Budget Summary on file in County Clerk=s office. FISCAL NOTE (Misc. #99158) BY: Finance Committee, Sue Ann Douglas, Chairperson Commissioners Minutes Continued. August 5, 1999 314 IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY/EMERGENCY MANAGEMENT - TORNADO WARNING SYSTEM EXPANSION - TOWNSHIP OF ADDISON 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 Addison 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 is $51,000. 3. The Township of Addison 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 4-18-221112-60000-9169 Misc. Cap. Outlay $12,750 $ -0- FINANCE COMMITTEE Vote for resolutions on Consent Agenda: AYES: Appel, Causey-Mitchell, Colasanti, Coleman, Douglas, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos. (21) NAYS: None. (0) A sufficient majority having voted therefor, the resolutions on the Consent Agenda were adopted (with accompanying reports accepted). REPORT (Misc. #99184) BY: General Government Committee, Shelley G. Taub, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY AND OAKLAND COUNTY CLERK/REGISTER OF DEEDS - PURCHASE OF HARDWARE, SOFTWARE AND SYSTEM SUPPORT FOR IMPLEMENTATION OF AN ELECTION RESULTS MANAGEMENT SYSTEM (ERMS) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above-mentioned resolution on July 26, 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 MISCELLANEOUS RESOLUTION #99184 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY AND OAKLAND COUNTY CLERK/REGISTER OF DEEDS - PURCHASE OF HARDWARE, SOFTWARE AND SYSTEM SUPPORT FOR IMPLEMENTATION OF AN ELECTION RESULTS MANAGEMENT SYSTEM (ERMS) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Clerk/Register of Deeds - Election Division has identified the need for automating election night reporting and the canvass of votes to expedite both processes and reduce the potential for human error; and WHEREAS the current systems, which are primarily manual, have a number of deficiencies including: Commissioners Minutes Continued. August 5, 1999 315 1. Transmission of results relies on phone calls and fax transmissions from local jurisdictions; and 2. All results are manually entered on election night; and 3. The canvass of votes is an extensive, hand-written book which requires manual computation; and WHEREAS the Election Results Management System would accomplish the following: 1. Standardize the ballot coding for all Oakland County jurisdictions; and 2. Improve the speed and accuracy of unofficial election night reporting and subsequent official canvass, while reducing labor costs; and 3. Improve existing distribution methods (such as Internet reporting); and 4. Replace an obsolete existing system, FutureCalc, which is no longer supported by the vendor with newer, less risky technology; and WHEREAS the Department of Information Technology and the Clerk/Register of Deeds - Election Division have identified Election Systems and Software of Omaha, Nebraska to supply the election night reporting system and customized software for the canvass automation to meet the Election Division requirements; and WHEREAS the contract with Election Systems and Software has been approved by the County Clerk/Register of Deeds, Department of Information Technology and Corporation Counsel; and WHEREAS the estimated capital cost to develop the Election Night Report Application and customized software for the Canvass of Votes to meet the Election Division requirements is approximately $364,482; and WHEREAS funding for this one-time expense is available from anticipated increased volume of forfeited bonds; and WHEREAS the County Executive recommends approval of this resolution. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the acquisition of the Election Results Management System and directs the Clerk/Register to sign the contract with Election Systems and Software. BE IT FURTHER RESOLVED the Fiscal Year 1999 Budget be amended as follows: CLERK/REGISTER OF DEEDS Revenue FY1999 21-120100-01000-0529 Forfeiture of Bonds $364,482 Expenditures 21-330100-01000-8001 Operating Transfer - Out 355,494 21-230100-01000-6636 I.T. Operations - Elections 8,988 $364,482 $ -0- INFORMATION TECHNOLOGY FUND Revenue 18-636113-10000-1701 Operating Transfer - In $355,494 18-636111-10000-0737 O.C. Depts. - Operations 8,988 $364,482 Expenditures 18-636142-15000-3596 Software $ 13,975 18-636142-15000-3348 Professional Services 242,400 18-636142-15000-3900 Depreciation 74,972 $331,347 18-636113-10000-8005 Changes in Fund Equity $ 33,135 Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Moved by Douglas supported by McPherson the General Government Committee Report be accepted. Commissioners Minutes Continued. August 5, 1999 316 A sufficient majority having voted therefor, the report was accepted. Moved by Douglas supported by McPherson the resolution be adopted. AYES: Causey-Mitchell, Colasanti, Coleman, Douglas, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel. (21) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #99185 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: INFORMATION TECHNOLOGY/TELEPHONE COMMUNICATIONS - REPLACEMENT OF CENTREX SYSTEM WITH PRIVATE BRANCH EXCHANGE (PBX) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County currently subscribes to Ameritech Centrex Service which provides approximately 4,000 telephone lines throughout Oakland County=s Pontiac service complex and other County locations; and WHEREAS the current telephone switching equipment is owned and operated by Ameritech which, under the terms of the current Centrex contract, costs the County approximately $921,000 annually; and WHEREAS Plante and Moran, LLP, a consulting firm with expertise in telecommunications, was engaged by the County to assess the cost and feasibility of replacing Centrex with a County-owned Private Branch Exchange (PBX) telephone system, commonly referred to as Customer Premise Equipment (CPE); and WHEREAS PBX system specifications are being prepared for release in the form of a Request for Quotation; and WHEREAS based on technical capabilities and relative costs, the recommended alternative is acquisition of a Meridian SL-100 Digital Switching Centralized PBX System; and WHEREAS the costs associated with owning a PBX system are exceeded by the cost of continuing the leased Centrex arrangement beginning in the fourth year of operation; and in each successive year, a PBX solution saves approximately $600,000 per year over Centrex (beginning after the fourth year), accumulating to $3.6 million savings over a ten year period; and WHEREAS the foregoing savings takes into consideration $309,355 costs related to termination of the current Centrex contract on March 30, 2000 rather than March 30, 2002, as well as establishment of one (1) new Network Systems Analyst I position to support County telecommunications requirements; and WHEREAS the purchase cost of a Centralized PBX system is $2,300,000 with annual maintenance costs of approximately $70,000 following the two year warranty period; and WHEREAS funding is available from two sources, both provided for in the Fiscal Year 2000-2001 County Executive Budget Recommendation: first, an Operating Transfer of $890,000 from the Office Equipment Fund to the Telephone Communications Fund and, second, the balance from accumulated Retained Earnings in the Telephone Communications Fund; and WHEREAS the Manager-Data Center Operations has requested that the Personnel Department review the salary range of the Data Processing Equipment Supervisor and, after review of salary survey and position responsibilities, the Personnel Department has determined that a salary adjustment is warranted. WHEREAS the County Executive recommends adoption of this resolution. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the acquisition and installation of a Meridian SL-100 Digital Switching Centralized PBX System. BE IT FURTHER RESOLVED that funding for the aforementioned system be derived from the Telephone Communications Fund, supplemented by an Operating Transfer of $890,000 from the Office Equipment Fund. BE IT FURTHER RESOLVED that a new unit titled PBX Telephone be established in the Technical Systems and Networking Division. BE IT FURTHER RESOLVED that the following staffing changes be made: Commissioners Minutes Continued. August 5, 1999 317 1. One (1) PR position of Network Systems Analyst I be created in the PBX Telephone Unit. 2. The current Telecommunications Network Specialist position be retitled to a new overtime exempt classification of Telecommunications Network Supervisor at salary grade 14, and transferred from the Data Center Operations Division to PBX Telephone Unit in the Technical Systems and Networking Division per the attached current and proposed organization charts. 3. That the salary range for the Data Processing Equipment Operator Supervisor classification be increased to: Base 1 Year 2 Year 3 Year 4 Year 5 Year $ 47,083 $ 50,016 $ 52,952 $ 55,884 $ 58,818 $ 61,755 BE IT FURTHER RESOLVED that the Fiscal Year 1999 Budget has sufficient funds for the remainder of the year and budget amendments for Fiscal Year 2000 and Fiscal Year 2001 will be recommended during the Finance Committee=s budget review process. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE Copy of current and proposed organization charts on file in County Clerk=s office. The Chairperson referred the resolution to the Personnel Committee. There were no objections. MISCELLANEOUS RESOLUTION #99186 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY/DIGITAL INFORMATION SERVICE CENTER - AMENDMENT OF PRICING OF AERIAL PHOTOGRAPHY AND DIGITAL PARCEL DRAWINGS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Geographic Information System has improved the availability and quality of digital aerial photographs and parcel drawings; and WHEREAS Miscellaneous Resolution #98117 set the pricing for digital orthophotos at $75.00 per quarter township and $300.00 per geographic township as a constant price; and WHEREAS it has been requested that a subscription program be devised to allow access by frequent users of the photos and drawings; and WHEREAS the pricing of these products at the rates outlined in Schedule A is deemed a more fair and equitable way to offer the products. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the pricing of digital orthophoto products as detailed in Schedule A, to take effect immediately. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Schedule A on file in County Clerk=s office. Moved by Douglas supported by Law the resolution be adopted. AYES: Colasanti, Coleman, Douglas, Garfield, Gregory, Law, McCulloch, McPherson, Melton, Millard, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel, Causey-Mitchell. (20) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. REPORT (Misc. #99155) BY: Personnel Committee, Thomas A. Law, Chairperson Commissioners Minutes Continued. August 5, 1999 318 IN RE: INFORMATION TECHNOLOGY - ADDITIONAL COMPENSATION FOR OVERTIME EXEMPT EMPLOYEES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above-referenced resolution on July 28, 1999, recommends to the Oakland County Board of Commissioners the resolution be adopted as amended: The last BE IT FURTHER RESOLVED paragraph to read as follows: BE IT FURTHER RESOLVED that a quarterly report to the Finance Committee reflect the overtime usage additional compensation for this purpose. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION #99155 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: INFORMATION TECHNOLOGY - ADDITIONAL COMPENSATION FOR OVERTIME EXEMPT EMPLOYEES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is anticipated that the project roll out phase of CLEMIS will require Information Technology employees who are overtime exempt (not eligible for overtime) to work extended hours, days and weekends on an ongoing basis for a period up to 24-30 months; and WHEREAS these anticipated demands have prompted discussion between the Personnel Department, Management and Budget and Information Technology regarding additional compensation to offset the inconvenience of providing this level of service for the duration described; and WHEREAS as employees assigned to the CLEMIS effort work in various divisions within Information Technology, and it is important that all staff at Information Technology be treated comparably, it is proposed that additional compensation be provided to all overtime exempt employees at Information Technology (excluding Managers and the Director) for hours worked beyond a 48 hour workweek (hours worked beyond 48 in a workweek must be pre-approved by supervision in order to be compensable) at a straight time hourly rate for the duration of the CLEMIS roll out phase; and WHEREAS as Information Technology has the ability to track the number of hours worked on various projects through its project management system, it is proposed that this additional compensation provision be reviewed after a period of one year to evaluate its effectiveness and to consider continuation for the balance of the CLEMIS roll out period (after which time it is anticipated that this additional compensation will end). NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes additional compensation for overtime exempt employees in the Information Technology Department (excluding Managers and the Director) at a straight time hourly rate for all hours worked beyond 48 hours in a workweek (hours worked beyond 48 in a workweek must be pre-approved by supervision in order to be compensable). BE IT FURTHER RESOLVED that this additional compensation is intended for the duration of the CLEMIS roll out phase anticipated to be 24-30 months in duration, however, continuation of this additional compensation will be subject to review and evaluation for continuation by the Board of Commissioners after one year. BE IT FURTHER RESOLVED that a quarterly report to the Finance Committee reflect the overtime usage for this purpose. Chairperson, on behalf of the Finance Committee, I move for the adoption of the foregoing resolution. FINANCE COMMITTEE Moved by Douglas supported by Suarez the Personnel Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Commissioners Minutes Continued. August 5, 1999 319 Moved by Douglas supported by Suarez the resolution be adopted. Moved by Douglas supported by Suarez the resolution be amended to coincide with the recommendation in the Personnel Committee Report. A sufficient majority having voted therefor, the amendment carried. Vote on resolution, as amended: AYES: Coleman, Douglas, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel, Causey-Mitchell, Colasanti. (21) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, as amended, was adopted. REPORT (Misc. #99156) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: AMENDMENT OF PROFESSIONAL SERVICES CONTRACT WITH POLING, McGAW AND POLING, PC To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above-referenced resolution, recommends its adoption with the following amendments: 1. Change the expiration date in the NOW THEREFORE BE IT RESOLVED paragraph from May 31, 2000 to May 31, 2001. Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report. FINANCE COMMITTEE MISCELLANEOUS RESOLUTION #99156 BY: General Government Committee, Shelley Taub, Chairperson IN RE: AMENDMENT OF PROFESSIONAL SERVICES CONTRACT WITH POLING, McGAW AND POLING, PC To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS from time to time, legal issues arise which require the Board of Commissioners to seek the advice of independent legal counsel; and WHEREAS in May of 1998, the Board of Commissioners contracted with the firm of Poling, McGaw and Poling, PC to provide legal services; and WHEREAS the invitation to bid which resulted in the contract between the parties stated the possibility of an extension of the contract of up to three years; and WHEREAS the contract with Poling, McGaw and Poling expired May 31, 1999; and WHEREAS Poling, McGaw and Poling has provided exemplary service to the Board of Commissioners, and the Board wishes to retain Poling, McGaw and Poling, PC as its legal counsel. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby directs that the contract for legal services with Poling, McGaw and Poling be amended to expire May 31, 2000, at the same price and terms as the first year of the contract. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Oakland County Purchasing Division Blanket Purchase Order and Professional Service Contract Number BP001771 with Poling, McGaw and Poling, P.C. on file in County Clerk=s office. Moved by Taub supported by Jensen the Finance Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Taub supported by Jensen the resolution be adopted. Commissioners Minutes Continued. August 5, 1999 320 Moved by Taub supported by Jensen the resolution be amended to coincide with the recommendation in the Finance Committee Report. A sufficient majority having voted therefor, the amendment carried. Vote on resolution, as amended: AYES: Douglas, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel, Causey-Mitchell, Colasanti, Coleman. (21) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, as amended, was adopted. REPORT (Misc. #99119) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: SEPTIC SYSTEM EVALUATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above-referenced resolution on July 29, 1999, recommends its adoption as originally written. Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report. FINANCE COMMITTEE REPORT (Misc. #99119) BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: SEPTIC SYSTEM EVALUATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the above-referenced resolution on June 1, 1999, reports with the recommendation that the resolution be adopted with the following amendments: In the fifth WHEREAS paragraph, line 1, after the words currently no insert the words --routine maintenance--; Add the following new paragraph: BE IT FURTHER RESOLVED the Board of Commissioners encourages a program to provide educational materials for homeowners regarding maintenance of and potential problems with septic systems. Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE REPORT (Misc. #99119) 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 Goverment 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 GOVERMENT COMMITTEE MISCELLANEOUS RESOLUTION #99119 Commissioners Minutes Continued. August 5, 1999 321 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 Moved by Taub supported by Law the General Government Committee, Planning and Building Committee and Finance Committee Reports be accepted. A sufficient majority having voted therefor, the reports were accepted. Moved by Taub supported by Law the resolution be adopted. Moved by Taub supported by Law the resolution be amended to coincide with the recommendation in the Planning and Building Committee and General Government Committee Reports. A sufficient majority having voted therefor, the amendments carried. Vote on resolution as amended: AYES: Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel, Causey-Mitchell, Colasanti, Coleman, Douglas. (21) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, as amended, was adopted. MISCELLANEOUS RESOLUTION #99187 BY: Personnel Committee, Tom Law, Chairperson IN RE: DEFINED CONTRIBUTION INCREASE AND CHANGE IN INVESTMENT OPTIONS FOR DEFINED CONTRIBUTION PLAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland continues to explore opportunities to control personnel costs while maintaining a competitive salary and benefit package; and WHEREAS the Michigan Attorney General, in 1991 Opinion Number 6697, Page 116, confirms that the County may, without violating the State Constitutional protection of contractual obligations, modify retirement benefits Commissioners Minutes Continued. August 5, 1999 322 to current Members if it provides alternative benefits in their place that are equal to or greater than pension benefits that would be limited or withdrawn; and WHEREAS the approval of changes to the Retirement System requires the approval of the State of Michigan State County Pension Plan Committee, in addition to authorization by the County Board of Commissioners; and WHEREAS it has been the practice of the Oakland County Retirement Commission to obtain the approval of the U.S. Internal Revenue Service and to condition any Plan Amendment on obtaining a determination letter that the proposed Amendment does not adversely affect the tax-qualified status of the Retirement Plan. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners amend the Defined Contribution part of the Oakland County Employee=s Retirement System Resolution as follows: BE IT FURTHER RESOLVED that Subsection 3(d), Allocation shall be amended from: (d) Allocation means allocation of the County=s contribution to the DC part. The allocation to the Provisional Account of each non-represented Member who either was hired or received an offer of employment from the County after the Effective Date of the DC part of this Retirement System shall be 5% of such Member=s Compensation for the Plan Year. The Allocation to the Provisional Account of each represented Member shall be as determined by their respective collective bargaining agreement. Picked Up Member: The Allocation to the Provisional Account of each non-represented Member who elected to participate in the DC part of the Retirement System in accordance with Section 35 shall be determined by whether he irrevocably elects to participate in the Pick Up Part of the DC part. Such irrevocable election for each non-represented Member shall require a Member Contribution of 3% of Compensation. The County=s contribution for such electing non-represented member shall be 9% of Compensation. The irrevocable election and the County=s Contribution for represented Members shall be determined by their respective collective bargaining agreement. Nothing contained herein shall authorize or grant a member the option of choosing to receive the contributed amounts to the Pick Up Part directly instead of having them paid by the County to the DC part of the Retirement System. Notwithstanding anything contained herein to the contrary, if a Member irrevocably elects to participate in the Pick Up Part of the DC part, the amounts identified as a Member Contribution shall be paid by the County to this System and not paid to the member. Nor shall anything contained herein authorize such electing member to attempt to make contributions to the System that qualify as a Pick Up contribution. Non-Picked Up Member: The Allocation to the Provisional Account of each non-represented Member who elected to participate in the DC part of the Retirement System in accordance with Section 35 and who did not irrevocably elect to participate in the Pick Up Part of the DC part shall be 6% of such member=s Compensation for the Plan Year. Such non-electing member can contribute up to 10% of Compensation in accordance with Section 27. If a Member elects to make both a Pick Up Contribution and a Non-Pick Up Contribution, the Non-Pick Up Contribution shall be limited to 10% of Section 415 Compensation. To provide the following: (d) Allocation means allocation of the County=s contribution to the DC part. The amount of their Allocation depends on whether the Member is Represented or Non-Represented; hired or had received an offer of employment from the County before the Effective Date of the DC part of the Retirement System (Current Member ) or was hired or received an offer of employment from the County after the Effective Date of the DC part of the Retirement System (New Member ); or made an irrevocable election to participate in the Commissioners Minutes Continued. August 5, 1999 323 pick up part of the DC part (Picked up Member ) or had not (Non-Picked Up Member ). No New Member can be a Picked Up Member before January 1, 2000. (1) The Allocation to the Provisional Account of each Non-Represented New Member shall be 5% of such Member=s Compensation for the Plan Year through the Plan year ending December 31, 1999 (Per-Year 2000 Contribution Level ). The Allocation to the Provisional Account of each such Non-Represented New Member after December 31, 1999 shall be determined by each such Non-Represented New Member in the following manner: Effective January 1, 2000, each Non-Represented New Member shall irrevocably elect whether to continue at the Pre-Year 2000 Contribution Level or to participate in the Year 2000 pick up part of the DC part. Such irrevocable election for each Non-Represented New member shall require a Member Contribution of 1% of Compensation for the remainder of such Member=s period of employment with the County unless he/she elects to participate in the Year 2001 pick up part of the DC part. The County=s Contribution for each such electing Non-Represented New Member shall be 6% of Compensation for the remainder of such Member=s period of employment with the County unless he/she elects to participate in the Year 2001 pick up part of the DC part. Effective January 1, 2001, each Non-Represented New Member shall irrevocably elect to continue at the Pre-Year 2000 Contribution Level, the Year 2000 pick up part or to participate in the Year 2001 pick up part of the DC part. Such irrevocable election for each Non-Represented New Member shall require a Member Contribution of 2% of Compensation. The County=s Contribution for each such electing Non-Represented New Member shall be 7% of Compensation. If a Participant described in this Subparagraph does not elect to be part of either the Year 2000 pick up part or the Year 2001 pick up part , then the county=s contribution on their behalf shall continue at the 5% of Compensation level. (2) Picked up Member. Notwithstanding anything contained herein to the contrary, effective January 1, 2000, each Non-Represented Current Member who elected to participate in the DC part of the Retirement System in accordance with Section 35 shall be given the opportunity to irrevocably elect to participate in the Year 2000 pick up part of the DC part. Such irrevocable election for each Non-Represented Current Member shall require an additional Member Contribution of 1% of Compensation (4% total). The County=s Contribution for such electing Non-Represented Current Member shall be 10% of Compensation. Notwithstanding anything contained herein to the contrary, effective January 1, 2001, each Non-Represented Current Member shall be given the opportunity to irrevocably elect to participate in the Year 2001 pick up part of the DC part. Such irrevocable election for each Non-Represented Current Member shall require an additional Member Contribution of 1% of Compensation (5% total). A Non-Represented Current Member shall require an additional Member Contribution of 1% of Compensation (5% total). A Non-Represented Current Member who did not make an irrevocable election of 1% for the Year 2000 pick up part may make an irrevocable election to participate in the Year 2001 pickup part at only the 2% additional level Commissioners Minutes Continued. August 5, 1999 324 (5% total). The County=s Contribution for such electing Non-Represented Current Member shall be 11% of Compensation. If a Non-Represented Current Member does not elect to participate in either the Year 2000 pick up part or the Year 2001 pick up part of the DC part, then the irrevocable 3% election initially made shall continue and the county shall continue to contribute 9% of Compensation for each such Non-Represented Current Member. (3) The irrevocable election and the County=s Contribution for Represented members shall be determined by their respective collective bargaining agreement. (4) Nothing contained herein shall authorize or grant a Member the option of choosing to receive the contributed amounts of the pick up part directly instead of having them paid by the County to the DC part of the Retirement System. Notwithstanding anything contained herein to the contrary, if a Member irrevocably elects to participate in the pick up part of the DC part, the amounts identified as a member Contribution shall be paid by the County to this System and not paid to the Member. Nor shall anything contained herein authorize such electing Member to attempt to make contributions to the System that qualify as a pick up contribution. (5) Non-picked up Member. The Allocation to the Provisional Account of each Non-Represented Member who elected to participate in the DC part of the Retirement System in accordance with Section 35 and who did not irrevocably elect to participate in the pick up part of the DC part shall be 6% of such Member=s Compensation for the Plan Year. Such non-electing member can contribute up to 10% of Compensation in accordance with Section 27. If a member elects to make both a Pick up Contribution and a Non-pick up Contribution, the Non-pick up contribution shall be limited to 10% of Section 415 Compensation. BE IT FURTHER RESOLVED that Section 3(p) shall be amended from: (p) Entry Date for the DC part means the date six months after a Member incurs his first hour of compensated employment for the County. To provide the following: (p) Entry Date for the DC part means for Employees hired before December 1, 1999, the date six (6) months after a Member incurs his first hour of compensated employment for the County. Notwithstanding anything contained herein to the contrary, effective for Employees hired after November 30, 1999 or those who participate in the DB part of the Retirement System and have not elected to become part of the DC part before December 1, 1999 but subsequently elect into the DC part, shall be the date the Member incurs his first hour of compensated employment for the County or elects to participate in the DC part of the Retirement System. BE IT FURTHER RESOLVED that Section 48 shall be amended from: Investment Options (Directed Investment) Section 48. Until a Member of the DC part is at least 40% vested, the Retirement Commission shall control the investment of the Participant=s County Contribution Account. Once a Member is at least 40% vested, he shall have the flexibility to designate how his County Contribution Account shall be invested. The Retirement Commission shall determine which investment funds shall be available. The Retirement Commission shall select at least four such investment funds. Each member who is at least 40% vested shall advise the Retirement Commission how he wants his County Contribution Account invested. If a Member who is at least 40% vested fails to notify the Retirement Commission, it shall be presumed that he Commissioners Minutes Continued. August 5, 1999 325 has elected that his County Contribution Account be invested at the direction of the Retirement Commission. If a Member wishes to utilize more than one fund, he shall notify the Retirement Commission of the percentage of his County Contribution Account to be invested in each fund, and, except as provided in the last paragraph of this Section, such percentage must either be in exact multiples determined by the third party administrator maintaining the records of each Member=s accounts. A Member of the DC part who is at least 40% vested may change his election of investment funds, provided that all Members who are at least 40% vested are treated uniformly. A Member of the DC part who transferred the present value of the Lump Sum Actuarial Equivalent of his Accrued Benefit to the DC part pursuant to Section 35 shall control the choice of investments for his Transferred Account within the choices made available by the Retirement Commission regardless of his vested percentage in the County Contributions to the DC part. The Retirement Commission shall adopt such rules and procedures as it deems available as to all matters relating to the selection and use of the investment funds. If there is any inconsistency between such rules and any provisions above, the above provisions shall be disregarded. If a Member who is at least 40% vested desires, he may direct that County Contributions be invested in one fund and his Member contributions and Transferred Account be invested in another fund or funds. To provide the following: Investment Options (Directed Investment). Section 48. Effective January 1, 2000, each Member of the DC part shall designate how his County Contribution Account shall be invested. The Retirement Commission shall determine which investment funds shall be available. The Retirement Commission shall select at least four such investment funds. Each Member shall advise the Retirement Commission how he wants his County Contribution Account invested. If a Member fails to notify the Retirement Commission, it shall be presumed that he has elected that his County Contribution Account be invested at the direction of the Retirement Commission. If a Member wishes to utilize more than one fund, he shall notify the Retirement Commission of the percentage of his County Contribution Account to be invested in each fund, and, except as provided in the last paragraph of this Section, such percentage must either be in exact multiples of 1% or whole dollar amounts or such other multiples determined by the third party administrator maintaining the records of each Member=s Accounts. A Member of the DC part may change his election of investment funds, provided that all members are treated uniformly. A member of the DB part who transferred the present value of the Lump Sum Actuarial Equivalent of his Accrued Benefit to the DC part pursuant to Section 35 shall control the choice of investments of his Transferred Account within the choices made available by the Retirement Commission. The Retirement Commission shall adopt such rules and procedures as it deems advisable as to all matters relating to the selection and use of the investment funds. If there is any inconsistency between such rules and any provisions above, the above provisions shall be disregarded. A Member may direct that County Contributions be invested in one fund and his Member contributions and Transferred Account be invested in another fund or funds. Commissioners Minutes Continued. August 5, 1999 326 BE IT FURTHER RESOLVED that the Secretary of the Retirement Commission is authorized to have proper application made to the Treasury Department of the United States to obtain formal approval of the said Plan in accord with applicable provisions of the Internal Revenue Code, and to employ competent counsel in the prosecution of such application, and to do such other acts as shall be necessary hereunder to put the said Plan in operation. BE IT FURTHER RESOLVED that this adoption and authorization of the Plan be, and the same hereby is, made expressly contingent upon the approval of same by the Internal Revenue Service in accord with applicable provisions of the Internal Revenue Code, and that the Retirement Commission, through its attorneys, promptly submit said Plan for such approval. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolutions, subject to the approval of the State County Pension Plan Committee and the U.S. Internal Revenue Service. PERSONNEL COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #99188 BY: Personnel Committee, Tom Law, Chairperson IN RE: DEFINED CONTRIBUTION TRANSFER OPTION AND CHANGE IN OPTIONAL BENEFIT FROM 2% TO 2.2% To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland continues to explore opportunities to control personnel costs while maintaining a competitive salary and benefit package; and WHEREAS the Michigan Attorney General, in 1991 Opinion Number 6697, Page 116 confirms that the County may, without violating the State Constitutional protection of contractual obligations, modify retirement benefits to current Members if it provides alternative benefits in their place that are equal to or greater than pension benefits that would be limited or withdrawn; and WHEREAS it is permissible to amend the Plan to offer Members the opportunity to transfer a Lump-Sum payment actuarially equivalent to the present value of their accrued benefit into the Defined Contribution part of the Retirement System; and WHEREAS Members will incur no tax consequence if a Member elects to transfer the Lump-Sum to the Defined Contribution part of the Retirement System; and WHEREAS the approval of changes to the Retirement System requires the approval of the State of Michigan State County Pension Plan Committee, in addition to authorization by the County Board of Commissioners; and WHEREAS it has been the practice of the Oakland County Retirement Commission to obtain the approval of the U.S. Internal Revenue Service and to condition any Plan Amendment on obtaining a determination letter that the proposed Amendment does not adversely affect the tax-qualified status of the Retirement Plan. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners of the County of Oakland approves the Plan initiating an offer to transfer accrued retirement benefits to Members of the Retirement System who want to transfer their interest in the Defined Benefit part of the System to the Defined Contribution part. BE IT FURTHER RESOLVED that transfer be offered in a Lump-Sum, thereby allowing a rollover of same to the Defined Contribution part, effective December 31, 1999. BE IT FURTHER RESOLVED that the Board of Commissioners amends the Defined Benefit part of the Oakland County Employees= Retirement System Resolution by adding: SECTION 34.3 DEFINED CONTRIBUTION TRANSFER OPTION FOR BENEFIT GROUP GENERAL - OPTION A. The Retirement Commission shall undertake the following with respect to Members of Benefit group general - option A who are not Represented Employees or whose collective bargaining representative has negotiated to be included in a current election period: a. As of December 31, 1999 determine who the Members are that are eligible to make a current election; Commissioners Minutes Continued. August 5, 1999 327 b. Determine each such Member=s Pension as defined in Section 18 of the Defined Benefit Part of the Retirement System; c. Determine the present value, as of December 31, 1999 of the lump- sum actuarial equivalent accrued benefit of each such vested Member=s Pension using all of the Retirement Commission=s actuarial assumptions as in effect for funding purposes for the September 30, 1999 annual actuarial valuation; d. Make the same determination in (c), except without the use of a Disability factor used for funding purposes; and e. Notify each such vested Member in writing that they have an irrevocable one-time election continuing for no less than seven (7) days nor more than ninety (90) days in which to decide as to whether they want to have the single sum payment of the value determined in (d) on or about April 1, 2000 in lieu of any further Pension from this System. BE IT FURTHER RESOLVED that Section 17 shall be amended by adding Subsection (e) thereto, providing: Section 17. The age and/or service requirements for normal retirement are: (e) Benefit group general-option (A1). The same as Option (A) except that Members make a 2% of Compensation pick-up Contribution in accordance with Section 52(d). BE IT FURTHER RESOLVED that Section 18 shall be amended by adding Subsection (e) thereto, providing: (e) Benefit group general-option (A1). For Members who make a 2% of Compensation pick-up contribution after December 18, 1999, 2.0% (.02) of the Member=s Final Average compensation multiplied by years of credited service incurred before January 1, 2000 plus 2.2% (.022) of the member=s Final Average compensation multiplied by years of credited service incurred after December 18, 1999. BE IT FURTHER RESOLVED that Section 52 shall be amended by adding Subsection (d) thereto, providing: (d) Each Member in Benefit group general-option A shall be offered the opportunity to make an irrevocable election to participate in the pick up part of the DB part of the Retirement System effective January 1, 2000. Such irrevocable election for each Non-Represented Member shall require a Member Contribution of 2% of Compensation. Such Contributions shall only be effective for Compensation paid after December 31, 1999 and will only affect benefits paid to Members who have credited service after December 31, 1999. BE IT FURTHER RESOLVED that the Secretary of the Retirement Commission is authorized to have proper application made to the Treasury Department of the United States to obtain formal approval of the said Plan in accord with applicable provisions of the Internal Revenue Code, and to employ competent counsel in the prosecution of such application, and to do such other acts as shall be necessary hereunder to put the said Plan in operation. BE IT FURTHER RESOLVED that this adoption and authorization of the Plan be, and the same hereby is, made expressly contingent upon the approval of same by the Internal Revenue Service in accord with applicable provisions of the Internal Revenue Code, and that the Retirement Commission, through its attorneys, promptly submit said Plan for such approval. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution, subject to the approval of the State County Pension Plan Committee and the U.S. Internal Revenue Service. PERSONNEL COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #99189 BY: Personnel Committee, Thomas Law, Chairperson Commissioners Minutes Continued. August 5, 1999 328 IN RE: PERSONNEL DEPARTMENT - RAISE DENTAL/ORTHODONTIA MAXIMUM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the cost of dental and orthodontia services has risen in the past several years; and WHEREAS the maximum benefit for dental services has not been increased in over twenty years; and WHEREAS an increase in maximum annual dental and lifetime orthodontia benefits by $250 for Dental and Orthodontia will keep with the original intent of this benefit to cover the annual cost of most routine dental work; and WHEREAS this increase has already been approved for the 650 members of the Oakland County Deputy Sheriff=s Association; and WHEREAS the same $250 increase applied to the high and reduced benefit would maintain the relative relationship between the options. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the annual dental maximum and lifetime orthodontia maximum be increased by $250 for all employee dental options, this increase to be effective January l, 2000 for all non-represented employees and those employees whose labor agreement provides for these modifications. BE IT FURTHER RESOLVED that the Board of Commissioners direct the Personnel Department to at least annually evaluate the competitiveness of County fringe benefits and report its findings to the Personnel Committee. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #99190 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: COMMUNITY DEVELOPMENT DIVISION - 1999 CONTRACT WITH OAKLAND LIVINGSTON HUMAN SERVICE AGENCY (OLHSA) FOR ENERGY EDUCATION AND WEATHERIZATION SERVICES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Community Development Block Grant (CDBG) program has among its objectives the provision of decent housing, a suitable living environment, and expanded opportunities, principally for low- and moderate-income persons; and WHEREAS the Oakland Livingston Human Service Agency (OLHSA) has carried out over the past several years a program known as Project Warmth, which provides both energy education and home weatherization services for low- and moderate- income persons; and WHEREAS the County has helped fund this program since 1978; and WHEREAS this cooperative program makes it possible to assist low-income persons, handicapped persons, and senior citizens in meeting energy conservation needs through conservation and education methods utilized in Project Warmth; and WHEREAS the Oakland County Citizens' Advisory Council unanimously approved the attached contract by a vote of 13 to 0 at their July 14, 1999 meeting; and WHEREAS the contracts have been reviewed and approved as to form by the Office of Corporation Counsel, the Personnel Department, the Department of Management and Budget, and Risk Management in accordance with the County Executive's contract review procedure. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorize the attached contract with the Oakland Livingston Human Service Agency for the implementation of: (A) Home weatherization in the amount of $30,250, and (B) Energy education in the amount of $19,750, the total contract not to exceed $50,000. BE IT FURTHER RESOLVED that the Oakland County Executive and the Chairperson of the Oakland County Board of Commissioners are authorized to execute the agreement between Oakland Livingston Human Services Agency (OLHSA) and Oakland County. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Commissioners Minutes Continued. August 5, 1999 329 Copy of Contract Between Oakland Livingston Human Service Agency and County of Oakland on file in County Clerk=s office. Moved by Palmer supported by Schmid the resolution be adopted. AYES: Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel, Causey-Mitchell, Colasanti, Coleman, Douglas, Garfield. (21) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #99191 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: COMMUNITY DEVELOPMENT DIVISION/1999 EMERGENCY SHELTER GRANT (ESG) PROGRAM - CONTRACTS WITH SOUTH OAKLAND SHELTER, LIGHTHOUSE OF OAKLAND COUNTY, INC. (PATH), HAVEN, INC., THE COMMON GROUND SANCTUARY (A STEP FORWARD PROJECT), AND NEW BETHEL OUTREACH MINISTRY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS homelessness is a serious national, state, and local problem; and WHEREAS the Congress of the United States, recognizing this problem, passed the Stewart B. McKinney Homeless Assistance Act in 1987, and subsequent amendments; and WHEREAS the U.S. Department of Housing and Urban Development (HUD), on April 26, 1999, awarded Oakland County an Emergency Shelter Grant formula allocation of $143,000 for the 1999 program year, to be allocated within 180 days of receipt; and WHEREAS the receipt of ESG funds allows the County to contract with subrecipient homeless shelters to reimburse them for the overnight shelter, food, furnishings, and transportation services they provide to homeless clients, as well as the shelters' office and organizational support expenses; and WHEREAS Oakland County is eligible to take 5% of the grant for administrative purposes, but has elected not to so that the maximum amount can be allocated to the shelters; and WHEREAS the Oakland County Citizens Advisory Council for Community Development has approved funding factors based upon shelter utilization, residency, and capacity to determine grant awards; and WHEREAS five shelters in Oakland County have applied for 1999 ESG funds: South Oakland Shelter, Lighthouse of Oakland County, Inc. (PATH), HAVEN, Inc., the Common Ground Sanctuary (A Step Forward Project), and New Bethel Outreach Ministry; and WHEREAS each of these shelters have demonstrated needs for funding; and WHEREAS the County wishes to enter into contracts with each of the five shelters to provide them with 1999 ESG funds in the following amounts: South Oakland Shelter ($44,902), Lighthouse of Oakland County, Inc. (PATH) ($26,312), HAVEN, Inc. ($30,602), the Common Ground Sanctuary (A Step Forward Project) ($30,602), and New Bethel Outreach Ministry ($10,582), [see attached contracts]; and WHEREAS the Oakland County Citizens Advisory Council for Community Development approved the above funding amounts by a vote of 12 yeas and 1 abstention at their July 14, 1999 meeting; and WHEREAS the contracts have been reviewed and approved as to form by the Office of Corporation Counsel, the Personnel Department, the Department of Management and Budget, and Risk Management in accordance with the County Executive's contract review procedure. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorize the agreements with each of the above-mentioned homeless shelters in the combined sum of $143,000. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorize both the County Executive and the Chairperson of the Board of Commissioners to execute the agreement between Oakland County and the homeless shelters. Commissioners Minutes Continued. August 5, 1999 330 Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Contracts Between the County of Oakland and 1) South Oakland Shelter, 2) Lighthouse of Oakland County, Inc. (PATH), 3) HAVEN, Inc., 4) The Common Ground Sanctuary (A Step Forward Project), and 5) New Bethel Outreach Ministry, on file in County Clerk=s office. Moved by Palmer supported by Melton the resolution be adopted. AYES: Jensen, Law, McCulloch, McPherson, Melton, Millard, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel, Causey-Mitchell, Colasanti, Coleman, Douglas, Garfield, Gregory. (21) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. REPORT (Misc. #99157) BY: Personnel Committee, Thomas A. Law, Chairperson IN RE: CENTRAL SERVICES/SUPPORT SERVICES - REORGANIZATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee having reviewed the above-referenced resolution on July 28, 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 #99157 BY: Planning and Building Committee, Charles Palmer, Chairperson IN RE: CENTRAL SERVICES/SUPPORT SERVICES - REORGANIZATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Support Services Division is currently composed of the separate functions of Leased Vehicle Operations, Printing, Record Retention, Mail Room, and Radio Communications; and WHEREAS the recent retirement of the Chief of Materials Management has provided the Director - Central Services an opportunity to review operations and required staffing for possible cost savings; and WHEREAS the Materials Management Unit currently reports directly to the Director - Central Services; and WHEREAS it is proposed to consolidate the Printing and Materials Management functions organizationally under the Support Services Division and physically at one location (1155 Oakland Avenue); and WHEREAS the consolidation of the units of Printing and Materials Management will also allow the deletion of the vacant position and classification of Chief - Materials Management, and change reporting relationships as shown in the attached proposed organization chart; and WHEREAS with the proposed changes, it is appropriate to reclassify the Supervisor - Store Operations (grade 10) to Supervisor - Materials Management and Printing at salary grade 12; and WHEREAS this proposal would provide a combined salary and office space savings to the general fund of approximately $142,374. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the organizational consolidation of the units of Materials Management and Printing under the Support Services Division, and physically consolidated at one location (1155 Oakland Avenue). BE IT FURTHER RESOLVED that the vacant position and classification of Chief - Materials Management be deleted (position 13850-02117). BE IT FURTHER RESOLVED that the classification and position of Supervisor - Store Operations, grade 10, be reclassified to a new classification titled Supervisor - Materials Management and Printing, grade 12 (position 13850-01966), overtime non-exempt. Commissioners Minutes Continued. August 5, 1999 331 Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of proposed organization chart on file in County Clerk=s office. FISCAL NOTE (Misc. #99157) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: CENTRAL SERVICES/SUPPORT SERVICES - REORGANIZATION 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 proposes consolidation of the printing and material management functions organizationally in the Support Services Division. 2. The reorganization includes the deletion of the vacant Chief- Materials Management position in the General Fund and reclassification of the Supervisor-Store Operations (grade 10) to Supervisor-Materials Management (grade 12) in the Materials Management Fund. 3. The reorganization would also include a physical relocation of operations. 4. Funding to cover the Store Operations reclassification is available in the Materials Management Fund Balance, no additional appropriation is required. 5. The salaries and fringe benefits saved from the deletion of the Chief-Materials Management position may be transferred to the non-departmental contingency account, the following amendment to the Fiscal Year 1999 Budget is recommended: 13-138502-00010-2001 Materials Mgt. Salaries ($51,034) 13-138502-00010-2070 Materials Mgt. Fringes ( 17,899) 90-290000-25000-2564 Contingency 68,933 $ 0 6. Amendments to the Fiscal Year 2000 and Fiscal Year 2001 County Executive Recommended budget will be submitted during the Finance Committee=s budget review process. FINANCE COMMITTEE Moved by Palmer supported by Colasanti the Personnel Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Palmer supported by Colasanti the resolution be adopted. AYES: Law, McCulloch, McPherson, Melton, Millard, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel, Causey-Mitchell, Colasanti, Coleman, Douglas, Garfield, Gregory, Jensen. (21) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. MISCELLANEOUS RESOLUTION #99192 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT FOR OAKLAND COUNTY PARKS AND RECREATION COMMISSION - REQUEST TO GRANT A PERMANENT EASEMENT FOR UNDERGROUND ELECTRIC SERVICE IN FAVOR OF DETROIT EDISON COMPANY, INDEPENDENCE OAKS COUNTY PARK, TAX PARCEL 08-09-200-004, INDEPENDENCE TOWNSHIP To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland, through its Parks and Recreation Commission, owns property located at 9501 Sashabaw Road, Clarkston, Michigan, known as Independence Oaks County Park; and WHEREAS the Detroit Edison Company is requesting an easement over County owned property at Independence Oaks County Park, identified as Tax Parcel 08-09-200-004, for the construction, operation, maintenance, repair, replacement, and improvement of underground electric utility lines; and Commissioners Minutes Continued. August 5, 1999 332 WHEREAS the granting of the underground electrical easement will benefit the County Park by providing electrical service to various locations within the park; and WHEREAS the Department of Facilities Management and Corporation Counsel have reviewed the easement requested and recommend the granting of the easement; and WHEREAS the Oakland County Parks and Recreation Commission has reviewed the easement request and recommends the granting of the easement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the granting of this easement to Detroit Edison Company for the construction, operation, maintenance, repair, replacement, and improvement of underground electric utilities lines located over County-owned property identified as Tax Parcel 08-09-200-004. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs its chairperson or its designee to execute the necessary documents to grant the easement to the Detroit Edison Company. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Independence Oaks County Park, Detroit Edison - Electrical Line Route map and Detroit Edison Underground Easement (Right of Way) No. 182377 on file in County Clerk=s office. Moved by Palmer supported by Millard the resolution be adopted. AYES: McCulloch, McPherson, Melton, Millard, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel, Causey-Mitchell, Colasanti, Coleman, Douglas, Garfield, Gregory, Jensen, Law. (21) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. REPORT (Misc. #99162) BY: Personnel Committee, Thomas A. Law, Chairperson IN RE: SHERIFF DEPARTMENT - CONTRACT AMENDMENT TO ADD ONE (1) PATROL SERGEANT POSITION FOR LAW ENFORCEMENT SERVICES IN THE CITY OF ROCHESTER HILLS, 1999-2003 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above-referenced resolution on July 28, 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 FINANCE REPORT (Misc. #99162) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFF DEPARTMENT - CONTRACT AMENDMENT TO ADD ONE (1) PATROL SERGEANT POSITION FOR LAW ENFORCEMENT SERVICES IN THE CITY OF ROCHESTER HILLS 1999-2003 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above-referenced resolution on July 29, 1999, reports with the recommendation that the resolution be adopted with those suggested amendments referred to the Finance Committee as shown below. MISCELLANEOUS RESOLUTION #99162 BY: Public Services Committee, Frank H. Millard, Chairperson IN RE: SHERIFF=S DEPARTMENT - CONTRACT AMENDMENT TO RECLASSIFY ONE (1) DEPUTY II (NO-FILL) TO A ADD ONE (1) PATROL SERGEANT POSITION FOR LAW ENFORCEMENT SERVICES IN THE CITY OF ROCHESTER HILLS 1999-2003 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the City of Rochester Hills has contracted with the Oakland County Sheriff=s Department to provide law enforcement services for the City (Miscellaneous Resolution #98011); and WHEREAS paragraph 23 of this agreement provides that an amendment to this agreement must be approved by concurrent resolutions of both the Commissioners Minutes Continued. August 5, 1999 333 Oakland County Board of Commissioners and the City of Rochester Hills Council; and WHEREAS the City of Rochester Hills is requesting a proposed amendment to the contract (Schedule A-Sheriff=s Deputies Contracted) which would upgrade add one (1) Deputy II (no-fill) to a Patrol Sergeant position resulting in a new total of thirty-two three (33) Deputy II (no- fill) and six (6) Patrol Sergeants being contracted and keep the total number of contracted deputies to fifty-four (54); and WHEREAS the Sheriff has agreed to reclassify add one (1) Deputy II (no-fill) to a Patrol Sergeant for the City of Rochester Hills under the terms of this agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves an amendment to the original Schedule A (Sheriff Deputies Contracted) of the Oakland County Sheriff=s Department 1999-2003 Law Enforcement Services Agreement with the City of Rochester Hills to reclassify add one (1) Deputy II (no-fill), (Position #43617- ) to a Patrol Sergeant position, in Patrol Services/Contracted Patrol/Rochester Hills. BE IT FURTHER RESOLVED that this amendment will take effect on August 14, 1999. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Chairperson, on behalf of the Finance Committee, I move the acceptance of the foregoing report. FINANCE COMMITTEE REPORT (Misc. #99162) BY: Public Services Committee, Frank Millard, Chairperson IN RE: SHERIFF=S DEPARTMENT - CONTRACT AMENDMENT TO RECLASSIFY ONE (1) DEPUTY II (NO-FILL) PATROL SERGEANT POSITION FOR LAW ENFORCEMENT SERVICES IN THE CITY OF ROCHESTER HILLS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Public Services Committee, having received a request from the City of Rochester Hills to amend the expansion of the Law Enforcement Services Contract with Rochester Hills, recommends that the resolution before the Oakland County Board of Commissioners today, be amended as shown on the attached resolution, which contains the proposed amendments. Chairperson, on behalf of the Public Services Committee, I move the acceptance of the foregoing report. PUBLIC SERVICES COMMITTEE Copy of attachment on file in County Clerk=s office. MISCELLANEOUS RESOLUTION #99162 BY: Public Services Committee, Frank H. Millard, Chairperson IN RE: SHERIFF=S DEPARTMENT - CONTRACT AMENDMENT TO RECLASSIFY ONE (1) DEPUTY II (NO-FILL) TO A PATROL SERGEANT POSITION FOR LAW ENFORCEMENT SERVICES IN THE CITY OF ROCHESTER HILLS 1999-2003 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the City of Rochester Hills has contracted with the Oakland County Sheriff=s Department to provide law enforcement services for the City (Miscellaneous Resolution #98011); and WHEREAS paragraph 23 of this agreement provides that an amendment to this agreement must be approved by concurrent resolutions of both the Oakland County Board of Commissioners and the City of Rochester Hills Council; and WHEREAS the City of Rochester Hills is requesting a proposed amendment to the contract (Schedule A-Sheriff=s Deputies Contracted) which would upgrade one (1) Deputy II (no-fill) to a Patrol Sergeant position resulting in a new total of thirty-two (32) Deputy II (no-fill) and six (6) Patrol Sergeants being contracted and keep the total number of contracted deputies to fifty (50); and Commissioners Minutes Continued. August 5, 1999 334 WHEREAS the Sheriff has agreed to reclassify one (1) Deputy II (no-fill) to a Patrol Sergeant for the City of Rochester Hills under the terms of this agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves an amendment to the original Schedule A (Sheriff Deputies Contracted) of the Oakland County Sheriff=s Department 1999-2003 Law Enforcement Services Agreement with the City of Rochester Hills to reclassify one (1) Deputy II (no-fill), (Position #43617- ) to a Patrol Sergeant position, in Patrol Services/Contracted Patrol/Rochester Hills. BE IT FURTHER RESOLVED that this amendment will take effect on August 14, 1999. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of City of Rochester Hills, Schedules A and A-1, as Amended, Sheriff=s Deputies Contracted for and to be Assigned to Municipality on file in County Clerk=s office. FISCAL NOTE (Misc. #99162) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFF DEPARTMENT - CONTRACT AMENDMENT TO ADD ONE (1) PATROL SERGEANT POSITION FOR LAW ENFORCEMENT SERVICES IN THE CITY OF ROCHESTER HILLS 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 City of Rochester Hills has requested an amendment to their law enforcement services contract with the Sheriff, effective August 14, 1999, to add one (1) Patrol Sergeant position, bringing the total number of Patrol Sergeants to six (6). 2. This amendment will increase the number of officers contracted to the City of Rochester Hills to a total of fifty-four (54). 3. The new positions will require the creation of one (1) Sergeant positions in the Contracted Patrol Unit, Patrol Services Division of the Sheriff=s Department. 4. This change will cause an increase in budgeted revenue and expenditures of $10,520 for Fiscal Year 1999, $93,243 for Fiscal Year 2000 and $95,857 for Fiscal Year 2001. 5. The Fiscal Year 1999 Budget should be amended per the attached worksheet, the Fiscal Year 2000 and Fiscal Year 2001 County Executive Recommended Budget will be amended during the Finance Committee budget hearing process. FINANCE COMMITTEE Copy of Oakland County Sheriff Department, Law Enforcement Services Contracts, Additional Patrol Sergeant for City of Rochester Hills, on file in County Clerk=s office. Moved by Millard supported by Garfield the Personnel Committee, Finance Committee and Public Services Committee Reports be accepted. A sufficient majority having voted therefor, the reports were accepted. Moved by Millard supported by Garfield the resolution be adopted. Moved by Millard supported by Garfield 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. August 5, 1999 335 AYES: McPherson, Melton, Millard, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel, Causey-Mitchell, Colasanti, Coleman, Douglas, Garfield, Gregory, Jensen, Law, McCulloch. (21) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, as amended, was adopted. REPORT (Misc. #99117) BY: General Government Committee, Shelley G. Taub, Chairperson 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: The General Government Committee, having reviewed the above-referenced resolution on July 26, 1999, recommends to the Oakland County Board of Commissioners the resolution be adopted as amended: First WHEREAS certain areas of Oakland County have has been targeted by the telephone company companies to receive unsolicited features such as the automatic callback service which causes additional charges to our constituents= monthly telephone bills, and Third WHEREAS such a presumptive action by the telephone company companies undermines the communities= 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 and the Federal Communications Commission review and hold public hearings on the telephone companies practice procedure of adding unsolicited and costly changes and/or additional telephone services to its customers= telephone statements. Add BE IT FURTHER RESOLVED copies of this resolution be forwarded to members of the State Legislature, the Federal Communications Commission, and the Michigan Public Service Commission. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE REPORT (Misc. #99117) BY: Public Services Committee, Frank H. Millard, Chairperson 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: The Public Services Committee, having met on July 6, 1999, reports with the recommendation that the resolution be adopted with an amendment in the first WHEREAS paragraph, line 1, deleting the word certain and inserting the word -- various--. Chairperson, on behalf of the Public Services Committee, I move acceptance of the foregoing report. PUBLIC SERVICES COMMITTEE REPORT (Misc. #99117) BY: General Government Committee, Shelley G. Taub, Chairperson 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: The General Government Committee, having reviewed the above-referenced resolution on June 2, 1999, recommends to the Oakland County Board of Commissioners the resolution be adopted. Commissioners Minutes Continued. August 5, 1999 336 Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE 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 communities= 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, Eric Coleman, David Galloway, Brenda A. Causey-Mitchell (Action taken at July 15, 1999 Board meeting) Moved by Millard supported by McPherson the Public Services Committee and the General Government Committee Reports be accepted. A sufficient majority having voted therefor, the reports were accepted. Moved by Millard supported by McPherson the resolution be adopted. Moved by Millard supported by McPherson the resolution be amended to coincide with the recommendation of the Public Services Committee. A sufficient majority having voted therefor, the amendment carried. Moved by Obrecht supported by McPherson the resolution be referred back to the General Government Committee. A sufficient majority having voted therefor, the motion to refer back to the General Government Committee carried. (End of action taken at July 15, 1999 Board meeting) (Action taken at August 5, 1999 Board meeting) Moved by Millard supported by McPherson the General Government Committee and Public Services Committee Reports be accepted. A sufficient majority having voted therefor, the reports were accepted. Moved by Millard supported by McPherson the resolution be adopted. Moved by Garfield supported by Palmer the resolution be referred back to the General Government Committee. Discussion followed. As a result of the voice vote, the Chairperson requested a roll call vote. Commissioners Minutes Continued. August 5, 1999 337 Chairperson McCulloch stated a "YES" vote would refer the resolution back to the General Government Committee, a "NO" vote would not. Vote on motion to refer: AYES: Millard, Obrecht, Palmer, Patterson, Schmid, Sever, Taub, Amos, Douglas, Garfield, Jensen, Law, McCulloch. (13) NAYS: Melton, Suarez, Appel, Causey-Mitchell, Colasanti, Coleman, Gregory, McPherson. (8) A sufficient majority having voted therefor, the resolution was referred back to the General Government Committee. MISCELLANEOUS RESOLUTION #99193 BY: Public Services Committee, Frank H. Millard, Chairperson IN RE: EMERGENCY MANAGEMENT - TORNADO WARNING SYSTEM EXPANSION - CITY OF ROCHESTER HILLS 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 Rochester Hills, has executed the attached purchase agreement; and WHEREAS the City of Rochester Hills has agreed to pay seventy-five percent of the total estimated cost of three sirens; and WHEREAS consistent with the attached standard agreement, the City of Rochester Hills 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 authorize 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 City of Rochester Hills. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Rochester Hills Sirens Budget Summary on file in County Clerk=s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #99194 BY: Public Services Committee, Frank H. Millard, Chairperson IN RE: EMERGENCY MANAGEMENT - AMATEUR RADIO PUBLIC SERVICES CORPS (ARPSC) PERMIT TO OCCUPY ROAD COMMISSION TOWER To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS amateur radio volunteers provide for radio operations for emergency communications purposes during periods of local, regional, or national emergencies or disasters; and WHEREAS the Oakland County Amateur Radio Public Service Corps (ARPSC) provides vital primary and secondary communications links, severe weather spotting, and test monitoring for Oakland County Emergency Management and the local political subdivisions within Oakland County; and Commissioners Minutes Continued. August 5, 1999 338 WHEREAS the Oakland County ARPSC currently relies upon privately owned repeaters for communications with extremely limited coverage and access; and WHEREAS the Road Commission for Oakland County has offered tower space with back-up power for an antenna and repeater to allow for County-wide coverage; and WHEREAS the Road Commission for Oakland County has requested the County of Oakland to sign a Permit to Occupy. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board of Commissioners to sign the Permit to Occupy with the Road Commission for Oakland County. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Permit to Occupy on file in County Clerk=s office. The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #99195 BY: Public Services Committee, Frank H. Millard, Chairperson IN RE: SHERIFF DEPARTMENT - CREATION OF TWO (2) SHERIFF COMMUNICATIONS AGENTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Sheriff is requesting two (2) additional dispatchers for the Communications Unit; and WHEREAS the Communications Unit has had increased work load activity due to the increase in the number of contracts; and WHEREAS the Sheriff feels that these positions for dispatch are of a critical nature to the Fire and Police Community; and WHEREAS the cost for these positions are being paid for by the communities that we have under contract; and WHEREAS the Sheriff Department 1999 Communications Unit overtime budget has sufficient funds to cover the cost of these two new positions due to the increased revenue from the patrol contracts. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the creation of two (2) Sheriff Communication Agents in the Communications Unit, Technical Services Division, of the Sheriff=s Department. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Schedule A, Sheriff Department, Communications Agents on file in County Clerk=s office. The Chairperson referred the resolution to the Personnel Committee and the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #99196 BY: Public Services Committee, Frank H. Millard, Chairperson IN RE: PUBLIC SERVICES DEPARTMENT/COMMUNITY CORRECTIONS DIVISION/IN-STEP PROGRAM - FISCAL YEAR 1999 MICHIGAN DEPARTMENT OF COMMUNITY HEALTH GRANT APPLICATION AND ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Department of Community Health has offered the Community Corrections Division of the Public Services Department grant funding under the In-Step Program for the period October 1, 1999 through September 30, 2000 in the amount of $134,633; and WHEREAS this grant has been submitted through the County Executive=s Grant Agreement Review Process; and WHEREAS the Community Corrections Division has been notified of an award of $134,633; and WHEREAS grant funds of $134,633, seventy-five percent (75%) of the program cost, with a twenty-five percent (25%) County grant match of $44,878 and a total program cost of $179,511. Commissioners Minutes Continued. August 5, 1999 339 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Fiscal Year 1999 Michigan Department of Community Health grant funding in the amount of $134,633, County grant match of $44,878 for a total program cost of $179,511. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant agreement and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original agreement as approved. BE IT FURTHER RESOLVED that continuation of this program, including personnel, is contingent upon continuation of State funding for this effort. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Michigan Department of Community Health, Office of Drug Control Policy, Byrne Memorial Formula Grant Program, 1999 Application on file in County Clerk=s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #99197 BY: Public Services Committee, Frank H. Millard, Chairperson IN RE: DEPARTMENT OF HUMAN SERVICES/MEDICAL EXAMINER - GRANT APPLICATION/ACCEPTANCE FOR FAMILY COUNSELING SERVICES FROM THE TRANSPLANTATION SOCIETY OF MICHIGAN (TSM) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Medical Examiner=s Office seeks to establish a partnership with the Transplantation Society of Michigan (TSM) to fund a family services program; and WHEREAS this partnership will increase the overall effectiveness of the Medical Examiner=s Office and fill a clear void in providing a comprehensive family service in an innovative fashion to the public; and WHEREAS the Medical Examiner=s Office requests the establishment of three (3) special revenue family service counselor positions to provide bereavement counseling, assistance in coordination of funeral arrangement services, facilitate tissue/organ procurement as requested, provide guidance to indigent families for public interment, coordinate Child Death Review Team activity and function as liaison with various public and private agencies; and WHEREAS the Medical Examiner=s Office has submitted an application and received a funding award in the amount of $196,217 from the Transplantation Society of Michigan (TSM), for the purpose of providing bereavement counseling and other family services to survivors of deceased individuals; and WHEREAS the grant period is effective August 1, 1999 through September 30, 2000; and WHEREAS the grant agreement has been submitted through the County Executive=s Contract Review Process; and WHEREAS acceptance of this grant does not obligate the County to any future commitment. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the funds in an amount of $196,217, from the Transplantation Society of Michigan (TSM) for the period of August 1, 1999 through September 30, 2000, for the purpose of providing family counseling services to the public for survivors of deceased individuals. BE IT FURTHER RESOLVED that the Board authorizes the creation of a new classification titled Family Service Counselor, salary grade 11, overtime non-exempt. BE IT FURTHER RESOLVED that three (3) Special Revenue, full-time Family Service Counselor positions be added to the Medical Examiner=s Administration Unit. BE IT FURTHER RESOLVED that continuation of the Family Services Counselor positions is contingent upon continued grant funding at a level sufficient enough to maintain these positions. Commissioners Minutes Continued. August 5, 1999 340 BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the agreement and approve changes and extensions not to exceed fifteen (15%) percent, which is consistent with the agreement as originally approved. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Department of Human Services, Medical Examiner Division, Family Service Counselor Grant and Letter from Transplantation Society of Michigan on file in County Clerk=s office. The Chairperson referred the resolution to the Personnel Committee and the Finance Committee. There were no objections. REPORT (Misc. #99163) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: EMERGENCY MANAGEMENT - TENTATIVE, AMENDED 9-1-1 SERVICE PLAN FOR THE COUNTY OF OAKLAND AND AUTHORIZATION TO LEVY EMERGENCY TELEPHONE OPERATIONS SURCHARGE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above-referenced resolution, recommends it adoption with the following amendments: 1. In the final WHEREAS paragraph change the word companies at the beginning of the fourth line to operations ; 2. Add the following paragraphs: BE IT FURTHER RESOLVED that the telephone operating surcharge will be evaluated annually to determine whether rates and unit growth have increased revenue beyond the estimated 3% annual revenue growth to allow the Board of Commissioners to consider a decrease in the surcharge. BE IT FURTHER RESOLVED that the telephone operating surcharge for emergency phone operations will cease on December 31, 2006. Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report. FINANCE COMMITTEE MISCELLANEOUS RESOLUTION #99163 BY: Public Services Committee, Frank H. Millard, Chairperson IN RE: EMERGENCY MANAGEMENT - TENTATIVE AMENDED 9-1-1 SERVICE PLAN FOR THE COUNTY OF OAKLAND AND AUTHORIZATION TO LEVY EMERGENCY TELEPHONE OPERATIONS SURCHARGE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentleman: WHEREAS the Oakland County Board of Commissioners, by Miscellaneous Resolution #86245 (dated August 21, 1986), adopted the Final 9-1-1 Service Plan for Oakland County pursuant to the Emergency Telephone Services Enabling Act, Michigan Public Act 32 of 1986, thereby authorizing County-wide 9-1-1 service to be implemented in Oakland County; and WHEREAS the Oakland County 9-1-1 system became operational November 14, 1988; and WHEREAS since 1988 there have been many technological and legislative changes regarding 9-1-1 systems, as well as revised requirements identified by Oakland County public safety agencies and supported by the Oakland County Board of Commissioners, providing for greater interoperability of public safety telecommunications and radio communications systems; and WHEREAS recently passed statutes mandate that all final 9-1-1 service plans in the State of Michigan be amended to address the requirements of the Wireless Service Order issued by the Federal Communications Commission; and WHEREAS these changes and mandates necessitate amendments to the original Final 9-1-1 Service Plan for the County of Oakland; and WHEREAS a county may amend its Final 9-1-1 Service Plan by complying with the procedures prescribed in Section 312 of the Emergency Telephone Service Enabling Act, Michigan Public Act 32 of 1986, as amended; and Commissioners Minutes Continued. August 5, 1999 341 WHEREAS by Miscellaneous Resolution #99045, the Board of Commissioners established an Ad Hoc 9-1-1 Advisory Committee to formulate proposed changes to the 9-1-1 Emergency Communications Plan for future adoption by the Board of Commissioners; and WHEREAS the Ad Hoc 9-1-1 Advisory Committee has formulated proposed changes and incorporated them into the document entitled the Tentative Amended 9-1-1 Service Plan for the County of Oakland with favorable recommendation for the adoption by the Board of Commissioners; and WHEREAS Public Act 29 of 1994 enables the Board of Commissioners to authorize a telephone surcharge up to four (4%) percent for emergency telephone operations; and WHEREAS the Board of Commissioners, by Miscellaneous Resolution #98308 dated December 10, 1998, authorized the levy of the aforementioned surcharge contingent upon a thorough investigation as to availability of an alternate source of funds; and WHEREAS a comprehensive financial and operational review of County finances has been performed by the Department of Management and Budget in conjunction with development of the County Executive=s Fiscal Year 2000 and Fiscal Year 2001 Biennial Budget Recommendation with the determination that an alternative source of funds is not available; and WHEREAS the County Executive recommends adoption of the attached Tentative Amended 9-1-1 Service Plan for the County of Oakland and authorization of the various telephone companies throughout the County to levy a four (4%) percent surcharge for emergency telephone companies which would generate sufficient funds (approximately $6 million annually) to address the interoperability requirements of all public safety agencies in Oakland County. NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners approves and adopts the attached Tentative Amended 9-1-1 Service Plan for the County of Oakland. BE IT FURTHER RESOLVED that upon final approval of the Tentative Amended 9- 1-1 Service Plan for the County of Oakland, the Board of Commissioners authorizes the various telephone companies throughout the County to levy four (4%) percent surcharge for emergency telephone operations which would generate sufficient funds (approximately $6 million annually) to address the interoperability requirements of all public safety agencies in Oakland County. BE IT FURTHER RESOLVED that consistent with the Emergency Telephone Service Enabling Act, Michigan Public Act 32 of 1986, as amended, a Public Hearing will be held regarding the Final Amended 9-1-1 Service Plan for the County of Oakland on November 18, 1999, at 10:00 a.m. Eastern Standard Time in the Board of Commissioners Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Tentative Amended 9-1-1 Service Plan for the County of Oakland on file in County Clerk=s office. FISCAL NOTE (Misc. #99163) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: EMERGENCY MANAGEMENT - TENTATIVE, AMENDED 9-1-1 SERVICE PLAN FOR THE COUNTY OF OAKLAND AND AUTHORIZATION TO LEVY EMERGENCY TELEPHONE OPERATIONS SURCHARGE 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 adopts the Tentative Amended 9-1-1 Service Plan for the County of Oakland, including the authorization for the various telephone companies to levy a four percent (4%) surcharge for emergency telephone operations. 2. This surcharge will raise approximately $6 million in revenue annually, which will become the primary source of funds to cover the annual operating expenditures of the upgraded 9-1-1 system. 3. The Department of Management and Budget performed a comprehensive review of the County=s finances in conjunction with the development Commissioners Minutes Continued. August 5, 1999 342 of the Fiscal Year 2000 and Fiscal Year 2001 County Executive=s Recommended budget. A determination has been made that there are no other sources of funds to cover the operating expenses of the 9-1-1 system and without these funds the enhancements to the current radio communications system must be terminated. 4. The surcharge will become effective upon the adoption of the Final Amended 9-1-1 Service Plan for the County of Oakland, the Fiscal Year 2000 and Fiscal Year 2001 budget will be amended at that time to reflect the applicable 9-1-1 surcharge. FINANCE COMMITTEE Moved by Millard supported by Jensen the Finance Committee Report be accepted. A sufficient majority having voted therefor, the report was 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 Finance Committee Report. A sufficient majority having voted therefor, the amendment carried. Discussion followed. Chairperson McCulloch scheduled a formal Public Hearing for the purpose of allowing public comment on Miscellaneous Resolution #99163 - Emergency Management - Tentative, Amended 9-1-1 Service Plan for the County of Oakland and Authorization to Levy Emergency Telephone Operations Surcharge. Chairperson McCulloch stated that the Public Hearing by statute should be held 90 days from the adoption of the resolution. The Chairperson scheduled the formal hearing for November 18, 1999 at 10:00 A.M. in the Board of Commissioners= Auditorium. Chairperson McCulloch also stated that he would check the auditorium schedule in order to hold additional public hearings to be announced at a later date. Vote on resolution, as amended: AYES: Millard, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel, Colasanti, Coleman, Douglas, Garfield, Jensen, Law, McCulloch, McPherson. (18) NAYS: Causey-Mitchell, Gregory, Melton. (3) A sufficient majority having voted therefor, the resolution, as amended, was adopted. MISCELLANEOUS RESOLUTION #99198 BY: Frank H. Millard, District #4 IN RE: CREATION OF THE FISCAL YEAR 1999 OAKLAND COUNTY ADVISORY BOARD FOR THE LOCAL LAW ENFORCEMENT BLOCK GRANT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the U.S. Department of Justice has notified Oakland County that the U.S. Bureau of Justice Assistance is obligating $178,923 in formula block grant funding for local law enforcement under the Omnibus Fiscal Year 1999 Appropriations Act; and WHEREAS the purpose of the formula block grant funding is to assist in reducing crime and improving public safety; and WHEREAS one of the Federal requirements needed for receiving the grant funding is the creation of an Oakland County Local Law Enforcement Block Grant Advisory Board representing recognized interests in criminal justice and crime/substance abuse prevention and treatment; and WHEREAS the sole purpose of the Local Law Enforcement Block Grant Advisory Board is for making a non-binding recommendation of the project submitted for funding to the U.S. Department of Justice; and Commissioners Minutes Continued. August 5, 1999 343 WHEREAS the grant guidelines were released on July 22, 1999, with the grant application due September 2, 1999, thereby creating the necessity for the Advisory Board to meet as soon as possible; and WHEREAS in past years the Local Law Enforcement Block Grant Advisory Board was composed of representatives from the Oakland County=s Circuit Court, Sheriff=s Department, Prosecutor=s Office, Community Corrections Division, Management and Budget Department, and Human Services Department. NOW THEREFORE BE IT RESOLVED that in order to meet the requirements of the U.S. Department of Justice grant release, the Oakland County Board of Commissioners hereby creates a Local Law Enforcement Block Grant Advisory Board for the sole purpose of making a non-binding recommendation of the project to be submitted for funding to the U.S. Department of Justice. BE IT FURTHER RESOLVED that the Local Law Enforcement Block Grant Advisory Board shall be composed of one representative each from the Circuit Court, Office of the Prosecuting Attorney, Department of Management and Budget, Community Corrections Division, Department of Human Services, the Sheriff=s Department and two representatives from the Board of Commissioners, and that those appointments shall be made by the Board of Commissioners= Chairperson. Chairperson, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Moved by Millard supported by Sever the resolution be adopted. AYES: Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel, Causey-Mitchell, Colasanti, Coleman, Douglas, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard. (21) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. In accordance with Rule XXII "G", the Chairperson made the following referrals: FINANCE COMMITTEE a. Michigan Supreme Court - Court Equity Fund Distribution b. Cynthia G. Early - (Support) Increase in Juror Fee c. Family Independence Agency - Friend of the Court - Overbilling Audit Determination GENERAL GOVERNMENT COMMITTEE a. Washtenaw Co. Board of Commissioners - Support of Low Power FM Radio Services and/or Broadcasting b. Arenac Co. Board of Commissioners - Support Four-Year Terms for County Commissioners c. Antrim Co. Board of Commissioners - Assure Statutory Language in SB 1156 is Carried Out d. Antrim Co. Board of Commissioners - Support Four-Year Terms for County Commissioners e. Cheboygan Co. Board of Commissioners - Support Four-Year Terms for County Commissioners f. Kalamazoo Co. Board of Commissioners - Oppose Non-Residents Right to Vote on Tax Issues g. Kalamazoo Co. Board of Commissioners - Support Four-Year Terms for County Commissioners h. Oceana Co. Board of Commissioners - Oppose Non-Residents Right to Vote on Tax Issues i. Justice Benefits, Inc. - Request for Assistance in Preserving State Criminal Alien Assistance Program (SCAPP) Funding j. Family Independence Agency - Friend of the Court - Overbilling Audit Determination PLANNING AND BUILDING COMMITTEE a. Dept. of Environmental Quality - Clean Michigan - Remediation Nominations b. Dept. of Transportation - Excess Property - Highland Township PUBLIC SERVICES COMMITTEE a. Justice Benefits, Inc. - Request for Assistance in Preserving State Criminal Alien Assistance Program (SCAPP) Funding Commissioners Minutes Continued. August 5, 1999 344 b. Family Independence Agency - Friend of the Court - Overbilling Audit Determination c. Cynthia G. Early - (Support) Increase in Juror Fee d. Michigan Supreme Court - Court Equity Fund Distribution e. Memo to District Court Judges from George Miller, Community Corrections Division, re Availability of Community Corrections Alternative Programs in Lieu of Jail f. Letter from James A. Gallagher re Telephone Charges There were no objections to the referrals. G. WILLIAM CADDELL JOHN P. McCULLOCH Clerk Chairperson