HomeMy WebLinkAboutMinutes - 1999.09.23 - 8277
423
OAKLAND COUNTY
BOARD OF COMMISSIONERS
MINUTES
September 23, 1999
Meeting called to order by Chairperson John McCulloch at 10:26 A.M. in the
Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan.
Roll called.
PRESENT: Amos, Appel, Causey-Mitchell, Colasanti, Coleman, Devine,
Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch,
McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever,
Suarez, Taub. (25)
ABSENT: None. (0)
Quorum present.
Invocation given by Commissioner Colasanti.
Pledge of Allegiance to the Flag.
Moved by Devine supported by Colasanti the minutes of the September 9, 1999
Board meeting be approved.
A sufficient majority having voted therefor, the minutes were approved,
as printed.
Moved by Devine supported by Patterson the rules be suspended and the
agenda be amended as follows:
ITEMS ON PRINTED AGENDA
FINANCE COMMITTEE
a. Facilities Management/Facilities Engineering - Authorization to
Proceed and Appropriation for the Public Works Building Parking Lot
and Lighting Program - Project #98-17p
b. Facilities Management/Facilities Engineering - Authorization to
Proceed and Appropriation for an Architect/Engineer Contract
Recommendation for Children=s Village "J" Building Addition,
Project #98-4
GENERAL GOVERNMENT COMMITTEE
e. Department of Human Services/Health Division - Michigan Department
of Environmental Quality (MDEQ) Reimbursement Agreement
PERSONNEL COMMITTEE
a. Optional Benefit From 2% to 2.2% Defined Contribution Transfer
b. Defined Contribution Increase, Change in Investment Options, Loan
Provision Change, and Adding Designees to Retirement Commission
PLANNING AND BUILDING COMMITTEE
a. Drain Commissioner - 1999 Lake Level Assessments for Operation and
Maintenance
b. Drain Commissioner - 1999 Chapter 4 Drain Maintenance Assessment
Resolution
c. Drain Commissioner - 1999 Chapter 18 Drain Maintenance Assessment
Resolution
PUBLIC SERVICES COMMITTEE
Commissioners Minutes Continued. September 23, 1999
424
a. Sheriff=s Department - Digital Transmission of Fingerprint Data and
Images
(Reason for suspension for Finance Committee, items a and b, General Government
Committee, item e, Personnel Committee, items a and b, Planning and Building
Committee, items a, b, and c and Public Services Committee, item a: Waiver of
Rule XII.C. Direct Referral to Finance Committee)
ITEM NOT ON PRINTED AGENDA
GENERAL GOVERNMENT COMMITTEE
h. Appointment to Community Mental Health Authority Board
(Reason for suspension of General Government Committee, item h: Waiver of
Rule XII.C. Procedure to Bring Matters to the Board. General Government Meeting
held prior to 9/23/99 Board Meeting)
AYES: Amos, Appel, Causey-Mitchell, Colasanti, Coleman, Devine, Dingeldey,
Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton,
Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub. (25)
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 resolution from the City of Oak Park
in support of the Oakland County Amended 9-1-1 Service Plan.
The Chairperson made the following statement: "A Public Hearing is now
called on the Orchard Lake Schools, EDC Project Plan. Are there any persons
present who wish to speak?" No persons requested to speak and the Chairperson
declared the Public Hearing closed.
The Chairperson made the following statement: "A Public Hearing is now
called on the 2000/2001 Oakland County Budget and General Appropriations Act.
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.
Moved by Millard supported by Garfield the resolutions on the
Consent Agenda be adopted (with accompanying reports being accepted). The
Chairperson stated that General Government, items a and b, were being moved under
General Government on the Regular Agenda. (The vote on this motion appears on
page 430.) The resolutions on the Consent Agenda follow (annotated by an
asterisk [*]):
* MISCELLANEOUS RESOLUTION #99245
BY: Commissioner Shelley Taub, District #12
IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE CITY
OF ORCHARD LAKE VILLAGE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners established an
Environmental Infrastructure Fund and Disbursement Policy per
Miscellaneous Resolution #99093 in an effort to increase the share of dollars
flowing into environmental infrastructure projects for the County and its cities,
villages and townships (CVT=s); and
WHEREAS pursuant to the Disbursement Policy, the City of Orchard Lake
Village has submitted a resolution of authorization to the County for
reimbursement of expenses incurred in connection with an eligible environment
remediation or improvement project; and
WHEREAS the City of Orchard Lake Village is requesting partial
reimbursement for construction of a boulder seawall along approximately 400-500
feet of shoreline to correct the lakeshore erosion problem, and install a
drainage system to filter surface water from Old Orchard Trail before it reaches
Orchard Lake; and
WHEREAS the City of Orchard Lake has estimated the cost to be in excess of
$100,000 for the project; and
Commissioners Minutes Continued. September 23, 1999
425
WHEREAS the current authorized amount of funding for the City of
Orchard Lake Village is $20,101.47; and
WHEREAS if the Board of Commissioners approves this resolution, the City of
Orchard Lake Village may request release of future years= allocations, as funding
becomes available, or at it=s option, submit a different project for Board
consideration.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approve the construction of a boulder seawall and installation of a drainage
system in the City of Orchard Lake Village, as eligible for reimbursement of
funds from the Environmental Infrastructure Fund Program.
BE IT FURTHER RESOLVED that the Board authorizes the release of funds in
the amount of $20,101.47 from the Environmental Infrastructure Fund as repayment
to the City of Orchard Lake Village for expenses incurred in connection with
environmental remediation or improvement projects.
Chairperson, I move the adoption of the foregoing resolution.
Shelley Taub, District #12
Copy of attachments on file in County Clerk=s office.
FISCAL NOTE (Misc. #99245)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE CITY
OF ORCHARD LAKE VILLAGE
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 that $20,101.47 is available in the
Environmental Infrastructure Fund to reimburse the County of Orchard Lake Village
for this project, no additional appropriation is required.
FINANCE COMMITTEE
(The vote for this motion appears on page 430.)
* MISCELLANEOUS RESOLUTION #99239
BY: Commissioner Thomas Law, District #13
IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN VILLAGE OF
BEVERLY HILLS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners established an
Environmental Infrastructure Fund and Disbursement Policy per
Miscellaneous Resolution #99093 in an effort to increase the share of dollars
flowing into environmental infrastructure projects for the County and its cities,
villages and townships (CVT=s); and
WHEREAS pursuant to the Disbursement Policy, the Village of Beverly Hills
has submitted a resolution of authorization to the County for reimbursement of
expenses incurred in connection with an eligible environment remediation or
improvement project; and
WHEREAS the Village is requesting partial reimbursement for this
$11.5 million project, as approved by the Village Council for the
repair/rehabilitation and improvement of a combined sewer system, as a result of
sewer back-ups in over 350 basements during 1995; and
WHEREAS the Village has already completed a catch basin restriction project
and sewer relief project (on Greenfield Road) to address the problem; and
WHEREAS the Village is presently in the implementation phase of the program
and has expended approximately $1.3 million; and
WHEREAS the current authorized amount of funding for the Village of
Beverly Hills is $48,520.79; and
WHEREAS if the Board of Commissioners approves this resolution, the Village
of Beverly Hills may request release of future years= allocations, as funding
becomes available, or at it=s option, submit a different project for Board
consideration.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approve the repair/rehabilitation and improvement of the combined sewer system
Commissioners Minutes Continued. September 23, 1999
426
project of the Village of Beverly Hills, as eligible for reimbursement of funds
from the Environmental Infrastructure Fund Program.
BE IT FURTHER RESOLVED that the Board authorizes the release of funds in
the amount of $48,520.79 from the Environmental Infrastructure Fund as repayment
to the Village of Beverly Hills for expenses incurred in connection with
environmental remediation or improvement projects.
Chairperson, I move the adoption of the foregoing resolution.
Thomas Law, District #13
Copy of attachments on file in County Clerk=s office.
FISCAL NOTE (Misc. #99239)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN VILLAGE OF
BEVERLY HILLS
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 that $48,520.79 is available in the
Environmental Infrastructure Fund to reimburse the Village of Beverly Hills for
this project, no additional appropriation is required.
FINANCE COMMITTEE
(The vote for this motion appears on page 430.)
* MISCELLANEOUS RESOLUTION #99246
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: FACILITIES MANAGEMENT/FACILITIES ENGINEERING - AUTHORIZATION TO PROCEED
AND APPROPRIATION FOR THE PUBLIC WORKS BUILDING PARKING LOT AND LIGHTING PROGRAM
- PROJECT 98-17P
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the 1999 Capital Improvement Program included funding for Parking
Lot Paving; and
WHEREAS in accordance with Purchasing Division procedures, bids for the
paving and lighting improvements of the Public Works Building parking lot project
were received and reviewed; and
WHEREAS the lowest responsible bidder was AW Excavating of Hadley, Michigan
in the amount of $140,445.00 for the Public Works Building parking lot; and
WHEREAS total project costs of $195,000 are available in the Building Fund
(401), including the contract award of $140,445, design fees of $15,000, printing
and testing in the amount of $500, landscaping repair expenses of $10,000, and
contingency of $29,055.00.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners give project
authorization and approve the transfer of funds from the Capital Improvement Fund
(401) to the Project Work Order Fund (404) to establish the Public Works Building
Parking Lot Paving and Lighting Improvement Project.
NOW THEREFORE BE IT FURTHER RESOLVED that the budgets be amended as
follows:
Building Improvement Fund #401 FY1999
3-14-310006-10000-8001 Oper. Transf. Out ($195,000)
Project Work Order Fund #404
3-14-31007-88053-1701 Oper. Transf. In 195,000
Total $ 0
Chairperson, on behalf of the Finance Committee, I move the adoption of the
foregoing resolution.
FINANCE COMMITTEE
REPORT (Misc. #99246)
BY: Planning and Building Committee, Charles Palmer, Chairperson
IN RE: AWARD OF CONTRACT - 1999 PARKING LOT PAVING PROGRAM, PUBLIC WORKS
BUILDING - PROJECT 98-17P
To the Oakland County Finance Committee
Commissioners Minutes Continued. September 23, 1999
427
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the bids received for
the above-referenced project on September 14, 1999, reports with the
recommendation that the contract be awarded to AW Excavating in the amount of
$140,445.00 with a total project funding, including contingency, in the amount of
$195,000.00.
Chairperson, on behalf of the Planning and Building Committee, I submit the
foregoing report.
PLANNING AND BUILDING COMMITTEE
(The vote for this motion appears on page 430.)
* MISCELLANEOUS RESOLUTION #99247
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: FACILITIES MANAGEMENT/FACILITIES ENGINEERING - AUTHORIZATION TO PROCEED
AND APPROPRIATION FOR AN ARCHITECT/ENGINEER CONTRACT RECOMMENDATION FOR
CHILDREN====S VILLAGE >>>>J==== BUILDING ADDITION, PROJECT 98-4
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the 1999 Capital Improvement Program included funding for
Children=s Village J Building Addition; and
WHEREAS the Selection Committee conducted a search for the best qualified
architect/engineer for this project; and
WHEREAS the Planning and Building Committee authorized
Facilities Management to negotiate a contract with Archetype, Inc., of
Ann Arbor; and
WHEREAS contract costs are $328,300 for basic services, $50,000 for a
Juvenile Detention Specialist, and $1,200 for reimbursable costs for a total
of $379,500.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners:
1) Give project authorization and approve the transfer of funds from
the Capital Improvement Fund (401) to the Project Work Order
Fund (404).
2) That the budgets be amended as follows:
Building Improvement Fund #401 FY1999
3-14-310006-10000-8001 Oper. Transf. Out ($379,500)
Project Work Order Fund #404
3-14-310007-80093-1701 Oper. Transf. In 379,500
Total $ 0
3) That the contract with Archetype, Inc., of Ann Arbor, Michigan, in
an amount not to exceed $379,500 be awarded in concurrence with the
Planning and Building Committee recommendations.
4) The Chairperson of the Board of Commissioners is hereby authorized
and directed to execute a contract with Archetype, Inc., of
Ann Arbor, Michigan on behalf of the County of Oakland.
5) The County Executive=s Department of Facilities Management,
Facilities Engineering Division - shall notify the selected vendor
of this award, in writing, no later than 10 days after adoption of
this resolution. The award shall not be effective until the
selected vendor has been notified.
Chairperson, on behalf of the Finance Committee, I move the adoption of the
foregoing resolution.
FINANCE COMMITTEE
REPORT (Misc. #99247)
BY: Planning and Building Committee, Charles Palmer, Chairperson
IN RE: AWARD OF CONTRACT - CHILDREN=S VILLAGE J BUILDING ADDITION,
PROJECT 98-4
To the Oakland County Finance Committee
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the contract agreement
for architect/engineer professional services for the above-referenced project on
September 14, 1999, reports with the recommendation that a contract be awarded to
Archetype, Inc., of Ann Arbor, Michigan, in the amount of $378,300 (7% of
construction cost) plus reimbursable costs of $1,200.
Chairperson, on behalf of the Planning and Building Committee, I submit the
foregoing report.
Commissioners Minutes Continued. September 23, 1999
428
PLANNING AND BUILDING COMMITTEE
(The vote for this motion appears on page 430.)
* MISCELLANEOUS RESOLUTION #99248
BY: General Government Committee, Shelley A. Taub, Chairperson
IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION - MICHIGAN DEPARTMENT OF
ENVIRONMENTAL QUALITY (MDEQ) REIMBURSEMENT AGREEMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS for Fiscal Year 1999/2000, the Michigan Department of Environmental
Quality (MDEQ) has awarded a reimbursement agreement to the Oakland County Health
Division for services related to Non-Community (Type II) Water Supply, Long-Term
Drinking Water Monitoring, Radon, Public Swimming Pool Inspections, Source Water
Assessment Programs; and
WHEREAS the Fiscal Year 1999/2000 agreement also includes Local Public
Health Operations (LPHO) funding for On-Site Sewage and Drinking Water Supply
services, which were previously awarded through the Health Division=s
Comprehensive, Budgeting, Planning, and Contracting (CPBC) Agreement; and
WHEREAS the services referenced above are on-going; and
WHEREAS the Fiscal Year 1998/1999 MDEQ Reimbursement Agreement reflected a
total funding amount of $252,190; and
WHEREAS the Fiscal Year 1999/2000 MDEQ Reimbursement Agreement reflects a
total funding amount of $1,124,021, which is an $871,831 (346%) increase over the
previous agreement, primarily due to the inclusion of LPHO funds in the
agreement; and
WHEREAS no personnel changes have been requested for the reimbursement
programs at this time; and
WHEREAS acceptance of this Reimbursement Agreement does not obligate the
County to any future commitment; and
WHEREAS this Reimbursement Agreement has been submitted through the
County Executive=s Contract Review Process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
accepts the Michigan Department of Environmental Quality Reimbursement Agreement
in the total amount of $1,124,021, beginning October 1, 1999 through
September 30, 2000.
BE IT FURTHER RESOLVED that personnel and/or services associated with this
Reimbursement Agreement be contingent upon the continued State funding at a level
sufficient to maintain the programs and personnel.
BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute
the Reimbursement Agreement and approve changes and extensions not to exceed
fifteen percent (15%), which is consistent with the agreement as originally
approved.
Chairperson, on behalf of the General Government Committee, I move the
adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of 1999-2000 Michigan Department of Environmental Quality
Reimbursement Acceptance on file in County Clerk=s office.
FISCAL NOTE (Misc. #99248)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION - MICHIGAN DEPARTMENT OF
ENVIRONMENTAL QUALITY (MDEQ) REIMBURSEMENT AGREEMENT
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 miscellaneous resolution referenced-above and finds:
1) The Michigan Department of Environmental Quality (MDEQ) has awarded
a reimbursement agreement to the Oakland County Health Division
related to the following services in Fiscal Year 1999/2000:
‚ Non-Community (Type II) Water Supply
‚ Long-Term Drinking Water Monitoring
‚ Radon
‚ Public Swimming Pool Inspections
Commissioners Minutes Continued. September 23, 1999
429
‚ Source Water Assessment
‚ Local Public Health Operations (LPHO) Funding for On-Site
Sewage and Drinking Water Supply
2) The LPHO funding for On-Site Sewage and Drinking Water Supply
services has been included in the MDEQ Reimbursement Agreement for
Fiscal Year 1999/2000, but in previous years was included in the
Comprehensive, Planning, Budgeting, and Contracting
(CPBC) Agreement.
3) The Fiscal Year 1999/2000 Reimbursement Agreement reflects a total
amount of $1,124,021, an $871,831 (346%) increase over the
Fiscal Year 1998/1999 Reimbursement Agreement of $252,190.
4) The increase is primarily a result of including the LPHO funding in
the Fiscal Year 1999/2000 MDEQ Reimbursement Agreement.
5) A budget amendment is recommended as detailed in Schedule B for the
reimbursement programs.
FINANCE COMMITTEE
(The vote for this motion appears on page 430.)
* MISCELLANEOUS RESOLUTION #99249
BY: General Government Committee, Shelley G. Taub, Chairperson
IN RE: SUPPORT - RECOMMENDATIONS TO THE ACT 51 COMMITTEE BY LOCAL COALITIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Public Act 51 of 1951, as amended, is the law governing the
distribution of state-collected road revenues from the Michigan Transportation
Fund (MTF). The Act 51 Committee was established by the legislature and
appointed by the governor to make recommendations to the legislature; and
WHEREAS maintaining an accessible system of safe and convenient roads will
be a key element in the continued economic success of not only Oakland County,
but communities throughout the State of Michigan; and
WHEREAS a coalition of six local organizations - the Michigan Association
of Counties, the County Road Association of Michigan, the Michigan Municipal
League, the Michigan Public Transit Association (represented by SMART), the
Michigan Farm Bureau and all of the metropolitan planning organizations in the
State (represented by SEMCOG) - presented a 15-point recommendation to the Act 51
Committee; and
WHEREAS this coalition recommended that a comprehensive, objective,
statewide roads needs study be undertaken to establish a baseline of current
road needs.
WHEREAS the coalition further urged that road funding take into
consideration equitable distribution, as well as, the adequacy of current funding
to meet statutory mandates to provide reasonably safe and convenient roads.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
does hereby support the recommendations of the Road Commission for Oakland County
and the local coalitions and joins in calling for the conduction of a roads needs
study in Michigan prior to the legislature making any determination that will
impact the distribution of state-collected road funds.
BE IT FINALLY RESOLVED that copies of this adopted resolution be forwarded
to the Oakland County legislators, the Oakland County legislative lobbyists, the
Act 51 Committee, the Michigan Department of Transportation, the Road Commission
for Oakland County, SEMCOG, SMART, the Michigan Association of Counties, the
County Road Association of Michigan, the Michigan Municipal League, the Michigan
Township Association and all other county commissions in Michigan.
Chairperson, on behalf of the General Government Committee, I move the
adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
Vote for resolutions on Consent Agenda:
AYES: Appel, Causey-Mitchell, Colasanti, Coleman, Devine, Dingeldey,
Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton,
Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub,
Amos. (25)
NAYS: None. (0)
Commissioners Minutes Continued. September 23, 1999
430
A sufficient majority having voted therefor, the resolutions on the
Consent Agenda were adopted (with accompanying reports accepted).
REPORT (Misc. #99250)
BY: Personnel Committee, Thomas A. Law, Chairperson
IN RE: RECOMMENDED FISCAL YEAR 2000 GENERAL SALARY INCREASES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee recommends to amend the Fiscal Year 2000 Budget
document in the following manner:
1. Increase the current salary ranges for salary grades 1-21 by 3.0%
for Fiscal Year 2000 to be effective September 25, 1999, which is
the beginning of the first pay period for Fiscal Year 2000.
2. Increase all remaining classifications not represented by bargaining
units by 3.0% including appointed officials, classes designated as
exceptions to salary grades 1-21, and part-time/hourly classes, but
excluding:
‚ Appointed Board and Commission members; and
‚ Circuit, Probate and District Court Judges which are currently
at the maximum rate allowed; and
‚ Commissioners; and
‚ Other elected officials, summer, seasonal, and student
classifications which will be addressed by a separate
report; and
‚ Parks Helper classification which shall be changed from a
full-time eligible class to a part-time hourly classification
and increase the salary range by 5%; and
‚ Certified Electronic Operator classification which shall be
increased by 10%.
3. Delete the classifications of Cashier Supervisor and Major from the
County=s Salary Schedule because they are no longer utilized.
Further that no transfer of monies is required to fund these increases
since sufficient monies have already been distributed to the departmental
salaries and fringe benefit line item.
Chairperson, on behalf of the Personnel Committee, I move the acceptance of
the foregoing report.
PERSONNEL COMMITTEE
REPORT (Misc. #99250)
BY: Personnel Committee, Thomas A. Law, Chairperson
IN RE: RECOMMENDED FISCAL YEAR 2000 SALARY INCREASE FOR THE COUNTY EXECUTIVE,
PROSECUTING ATTORNEY, COUNTY CLERK/REGISTER OF DEEDS, DRAIN COMMISSIONER, SHERIFF
AND COUNTY TREASURER
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee recommends to amend the Fiscal Year 2000 Budget
document by increasing the 1999 salary of the County Executive,
Prosecuting Attorney, County Clerk/Register of Deeds, Drain Commissioner, Sheriff
and County Treasurer by 3% effective September 25, 1999.
Further that no transfer of monies is required to fund these increases
since sufficient monies have already been distributed to the departmental
salaries and fringe benefit line item.
Chairperson, on behalf of the Personnel Committee, I move the acceptance of
the foregoing report.
PERSONNEL COMMITTEE
REPORT (Misc. #99250)
BY: Personnel Committee, Thomas A. Law, Chairperson
IN RE: RECOMMENDED FISCAL YEAR 2000 SALARY INCREASES FOR SUMMER, STUDENT, AND
SEASONAL CLASSIFICATIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Commissioners Minutes Continued. September 23, 1999
431
The Personnel Committee recommends to amend the Fiscal Year 2000 Budget
document by increasing the summer, student, and seasonal classifications in the
following manner:
‚ Increase the 1999 salary range of the Summer Shift Laborer,
Seasonal Laborer, Summer Animal Census Leader, Summer Animal Census
Worker, Seasonal Horticulture Advisory, Seasonal Program Specialist,
and Lifeguard classifications by 3%; and
‚ Increase the 1999 salary range of the Student, Summer Clerical,
Parks & Recreation Attendant, and Summer Hospital Attendant
classifications by 5% and retitle Summer Hospital Attendant to
Summer MCF Aide; and
‚ Increase the 1999 base step of the Summer Business Assistant, Summer
Criminal Justice/Casework Assistant, Summer Health Ed/Lab Assistant,
and Seasonal Program Leader by 10% and the 1 year step by 3%.
Further that no transfer of monies is required to fund these increases
since sufficient monies have already been distributed to the departmental
salaries and fringe benefit line item.
Chairperson, on behalf of the Personnel Committee, I move the acceptance of
the foregoing report.
PERSONNEL COMMITTEE
COUNTY OF OAKLAND
FISCAL YEAR 2000 BUDGET
PROPOSED GENERAL APPROPRIATIONS ACT
MISCELLANEOUS RESOLUTION #99250
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: FISCAL YEAR 2000 GENERAL APPROPRIATIONS ACT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in accordance with the provisions of Public Act 139 of 1973 (as
amended by Public Act 100 of 1980), the Unified Form of County Government Act,
and Public Act 621 of 1978, the Uniform Budgeting and Accounting Act for Local
Government, it is the responsibility of the Oakland County Board of Commissioners
to establish and adopt the annual County Budget and work program; and
WHEREAS the Finance Committee received budget requests from all County
departments, and has reviewed in detail the County Executive's Fiscal Year 2000
Budget Recommendation; and
WHEREAS the Finance Committee, after due deliberation, has formulated a
Recommended General Appropriations Act balancing total appropriations with
available resources at $306,907,387 for Fiscal Year 2000, a summary of which was
included in the Notice of Public Hearing published in newspapers of general
circulation; and
WHEREAS the further intent of this resolution is to maintain a budgetary
system for the County of Oakland on the same basis of accounting (generally
accepted accounting principles) as the actual financial information is
maintained; to define the powers and duties of the County's officers in relation
to that system; to designate the Chief Administrative Officer and Fiscal Officer;
and to provide that the Board of Commissioners and committees thereof, as well as
the Fiscal Officer, shall be furnished with information by the departments,
boards, commissions and offices relating to their financial needs, revenues and
expenditures/expenses, and general affairs; to prescribe a disbursement
procedure, to provide for an allotment system; and to provide remedies for
refusal or neglect to comply with the requirements of this resolution; and
WHEREAS the Circuit Court Mediation Fund (Miscellaneous Resolution #90177)
is used to cover the total cost of Attorney Mediators, with the balance to be
used for enhancement of Court Operations as requested by the Court and approved
by the Board of Commissioners.
NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners does
hereby adopt and amend the Fiscal Year 2000 General Appropriations Act
recommended by the Finance Committee as advertised and placed in the
Clerk's Office for public inspection.
BE IT FURTHER RESOLVED that $750,000 of Cigarette Tax Revenue distributed
by the State to Oakland County under the authority of the Health and Safety Fund
Commissioners Minutes Continued. September 23, 1999
432
Act, Public Act 264 of 1987, be divided between the Health Division (11/17 or
$485,295) and the Sheriff's Department (6/17 or $264,705).
BE IT FURTHER RESOLVED that funds from the Civil Mediation Account
(1-10100-201-011) be utilized to cover the total costs incurred in
Fiscal Year 2000 for the Civil Mediation Program.
BE IT FURTHER RESOLVED that Road Improvement Funds may be released to the
Road Commission upon approval of the specific projects by the General Government
Committee of the Board of Commissioners.
BE IT FURTHER RESOLVED that the following policy be established regarding
administration of the Delinquent Tax Revolving Fund:
1) The Delinquent Tax Revolving Fund (DTRF) was established in accordance
with the provisions of Public Act 206 of 1893 (as amended) for the
purpose of paying local taxing units within the County their
respective shares of delinquent ad valorem real property taxes, in
anticipation of the collection of those taxes by the County Treasurer.
This policy statement, which encompasses the precept of self-funding,
ensures that utilization of unrestricted DTRF funds does not impair
the functional intent or operational success of the DTRF as originally
established.
2) To that end, at no time shall funds be diverted from the DTRF that
would cause the unrestricted balance to fall below a level that would
assure a prompt payment of all current and future outstanding General
Obligation Limited Tax Notes, as well as assure the continued
operation of the DTRF as specified in the preceding paragraph.
3) Penalties and investment interest generated by the DTRF may be
transferred, in whole or in part, to the General Fund of the County
upon majority vote of the Board of Commissioners so long as such
transfer(s) meets the provisions of paragraph #2 above.
4) Any and all appropriations from unrestricted DTRF funds, excepting
penalties and investment interest, shall be limited to one-time
expenditures, as opposed to recurring operations.
5) Unless otherwise specified, appropriations from the DTRF shall be
considered long- or short-term advances (with specific time frames
detailed in the authorizing resolution), to be repaid with interest as
specified below.
6) Any appropriations from unrestricted DTRF funds, excepting penalties
and investment interest, not considered advances to be repaid within a
time certain shall require a two-thirds majority vote of the Board of
Commissioners.
7) All appropriations from unrestricted DTRF funds considered to be
advances to be repaid within a time certain shall require a majority
vote of the Board of Commissioners.
8) Terms and conditions of any and all advances from the DTRF shall be
specified in the authorizing resolution, including interest
obligations detailed as follows:
a. Interest on each payment will be based on the average monthly
rate paid during the term of the agreement by the agent of the
DTRF for that year's outstanding borrowing, or
b. In the event no borrowing occurs for the DTRF, principal and
interest payments will be made in accordance with the previously
established "Loan of County Funds Policy" (Miscellaneous
Resolution #89276) which requires Board approval of repayment
terms at an interest rate no less than the prevailing six-month
Treasury Bill rate and that such rates shall be computed and
compounded quarterly.
BE IT FURTHER RESOLVED that $850,000 (or one-half of the $1,700,000)
convention facility tax revenues distributed by the State to Oakland County under
the authority of the State Convention Facility Development Act, Public Act 106 of
1985, be earmarked for substance abuse programs.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners, in
accordance with the requirements of Public Act 214 of 1899, as amended,
authorizes that .0004 mills Current Property Tax Levy be designated for the
purpose of funding Veterans' Services Soldier Relief.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
proposes to levy a millage rate of 4.1900 mills upon the total Taxable Value of
Commissioners Minutes Continued. September 23, 1999
433
Real and Personnel Property so as to generate $166,754,700 to support the
2000 County General Fund/General Purpose Operating Budget.
BE IT FURTHER RESOLVED that $1,093,750 be transferred from the Millage
Reduction and Stabilization Fund to the General Fund to offset the corresponding
reduction in property tax revenue.
BE IT FURTHER RESOLVED that the Administrator - Equalization perform the
function of Equalization Director including the examination of the assessment
rolls of the several townships and cities within Oakland County to ascertain
whether the real and personal property in the respective townships and cities has
been equally and uniformly assessed at 50% of true cash value and to make
recommendation to that fact to the County Board of Commissioners.
BE IT FURTHER RESOLVED that:
1. The County Executive is hereby designated the Chief Administrative
Officer of the County of Oakland and, further, that the Director of
Management and Budget and/or Deputy Director of Management and Budget
shall perform the duties of the Fiscal Officer as specified in
this resolution.
2. The Fiscal Officer shall provide an orientation session and written
instructions for preparing department budget requests. These
instructions shall include information that the Fiscal Officer
determines to be useful and necessary to assure that the budgetary
estimates of the agencies are prepared in a consistent manner and the
needs of the Board of Commissioners and Committees are met.
3. Any offices, departments, commissions and boards of the County of
Oakland financed in whole or in part by the County of Oakland shall
transmit to the Fiscal Officer their estimates of the amounts of money
required for each activity in their respective agencies, as well as
their estimate of revenues that will be generated from charges for
services. They shall also submit any other information deemed
relevant by the Fiscal Officer and/or the Board of Commissioners and
committees thereof.
4. The Fiscal Officer shall prescribe forms to be used by the offices,
departments, commissions and boards of the County of Oakland in
submitting their budget estimates and shall prescribe the rules and
regulations the Fiscal Officer deems necessary for the guidance of
officials in preparing such budget estimates. The Fiscal Officer may
require that the estimates be calculated on the basis of various
assumptions regarding level of service. The Fiscal Officer may also
require a statement for any proposed expenditure and a justification
of the services financed.
5. The Fiscal Officer shall prepare estimates of revenue for each
budgeted fund, classified to show in detail the amount expected to be
received from each source. Estimates of expenditures and revenues
shall also be classified by character, object, function and activity
consistent with the accounting system classification.
6. The Fiscal Officer shall review the agency estimates with a
representative from each agency of the County of Oakland that has
submitted such estimates. The purpose of the review shall be to
clarify the estimates, ensure the accuracy, and to determine their
adherence to the policies previously enumerated by the Fiscal Officer
and the Board of Commissioners or committees thereof as
herein required.
7. The Fiscal Officer shall consolidate the estimates received from the
various agencies together with the amounts of expected revenues and
shall make recommendations relating to those estimates which shall
assure that the total of estimated expenditures including an accrued
deficit does not exceed the total of expected revenues including an
unappropriated surplus.
8. The recommended budget shall include at least the following:
(a) Expenditure data for the most recently completed fiscal year and
estimated expenditures for the current fiscal year,
(b) An estimate of the expenditure amounts required to conduct the
government of Oakland County, including its budgetary centers,
(c) Revenue data for the most recently completed fiscal year and
estimated revenues for the current fiscal year,
Commissioners Minutes Continued. September 23, 1999
434
(d) An estimate of revenues, by source, to be raised or received by
Oakland County in the ensuing fiscal years,
(e) The amount of surplus or deficit from prior fiscal years,
together with an estimate of the amount of surplus or deficit
expected in the current fiscal year,
(f) An estimate of the amount needed for deficiency, contingent or
emergency purposes and the amounts needed to pay and discharge
the principal and interest of the debt of Oakland County due in
the ensuing fiscal years,
(g) The amount of proposed capital outlay expenditures, except those
financed by enterprise, capital projects, or internal service
funds, including the estimated total costs and proposed method of
financing of each capital construction project and the projected
additional annual operating cost and the method of financing the
operating costs of each capital construction project for three
(3) years beyond the fiscal year covered by the budget,
(h) An informational summary of projected revenues and
expenditures/expenses of any capital projects, internal service,
and enterprise funds,
(i) A comparison of the revenue and expenditure amounts in the
recommended budget to the budget previously adopted by the Board
of Commissioners with appropriate explanation of the variances,
(j) Any other data relating to fiscal conditions that the
Fiscal Officer or the Board of Commissioners or committees
thereof consider to be useful in evaluating the financial needs
of the County.
9. Not less than ninety (90) days before the next succeeding fiscal year,
the County Executive shall transmit the recommended budget to the
County Board of Commissioners. The recommended budget shall be
accompanied by:
(a) A proposed general appropriations measure, consistent with the
budget, which shall set forth the anticipated revenue and
requested expenditure/expense authority in such form and in such
detail deemed appropriate by the Board of Commissioners or
committees thereof. No appropriations measure shall be submitted
to the Board of Commissioners in which estimated total
expenditures/expenses, including an accrued deficit, exceed
estimated total revenues, including an available surplus.
(b) A budget message which shall explain the reasons for increases or
decreases in budgeted items compared with the current fiscal
year, the policy of the County Executive as it relates to
important budgetary items, and any other information that the
County Executive determines to be useful to the Board of
Commissioners in its consideration of proposed appropriations.
(c) A comparison of the recommended budget to the current year
adopted budget, together with an analysis and explanation of the
variances therefrom, such variances being divided to show the
portion attributable to the current year budget amendments and
the portion resulting from the recommended budget.
10. The County Board of Commissioners, or any committee thereof, may
direct the County Executive and/or other elected officials to submit
any additional information it deems relevant in its consideration of
the budget and proposed appropriations measure. The Board of
Commissioners or the committees thereof may conduct budgetary reviews
with the Fiscal Officer, and/or County departments and divisions or
agencies, etc., for the purpose of clarification or justification of
proposed budgetary items.
11. The County Board of Commissioners may revise, alter, or substitute for
the proposed general appropriations measure in any way, except that it
may not change it in a way that would cause total appropriations,
including an accrued deficit, to exceed total estimated revenues,
including an unappropriated surplus. An accrued deficit shall be the
first item to be resolved in the general appropriations measure.
12. The County Board of Commissioners shall fix the time and place of a
public hearing to be held on the budget and proposed appropriations
Commissioners Minutes Continued. September 23, 1999
435
measure. The Clerk/Register shall then have published, in a newspaper
of general circulation within the County of Oakland, notice of the
hearing and an indication of the place at which the budget and
proposed appropriations measure may be inspected by the public. This
notice must be published at least seven days before the date of
the hearing.
13. No later than September 30, the Board of Commissioners shall pass a
general appropriations measure providing the authority to make
expenditures and incur obligations on behalf of the County of Oakland.
The supporting budgetary data to the general appropriations measure
shall include at least the following:
(a) Expenditure data for the most recently completed fiscal year,
(b) The expenditures budget as originally adopted by the Board of
Commissioners for the current fiscal year,
(c) The amended current year appropriations,
(d) An estimate of the expenditure amounts required to conduct, the
government of Oakland County, including its budgetary centers,
(e) Revenue data for the most recently completed fiscal year and
estimated revenues for the current fiscal year,
(f) Budgeted Revenue Estimates as originally adopted by the Board of
Commissioners for the current fiscal year,
(g) The amended current year Budgeted revenues,
(h) An estimate of revenues, by source, to be raised or received by
Oakland County in the ensuing fiscal year,
(i) The amount of surplus or deficit from prior fiscal years,
together with an estimate of the amount of surplus or deficit
expected in the current fiscal year,
(j) An estimate of the amount needed for deficiency, contingent on
emergency purposes, and the amounts needed to pay and to
discharge the principal and interest of the debt of Oakland
County due in the ensuing fiscal year,
(k) The amount of proposed capital outlay expenditures, except those
financed by enterprise, capital project, or internal service
funds, including the estimated total costs and proposed method of
financing of each capital construction project and the projected
additional annual operating cost and the method of financing the
operating costs of each capital construction project for three
(3) years beyond the fiscal year covered by the budget,
(l) An informational summary of projected revenues and
expenditures/expenses of capital projects, internal service, and
enterprise funds,
(m) Any other data relating to fiscal conditions that the Board of
Commissioners considers to be useful in considering the financial
needs of the County,
(n) Printed copies of the Board of Commissioners Adopted Budget,
Financial Plan or any facsimile thereof shall contain all of the
above data unless otherwise approved by the Board of
Commissioners,
14. The Board of Commissioners may authorize transfers between
appropriation items by the County Executive or Fiscal Officer within
limits stated in the appropriations measure. In no case, however, may
such limits exceed those provided for in paragraph #21 of
this resolution.
15. A deviation from the original general appropriations measure shall not
be made without first amending the general appropriations measure
through action by the Board of Commissioners, except within those
limits provided for in paragraph #16 of this resolution.
16. Appropriations accumulated at the following three summary levels of
expenditure within each County Division will be deemed maximum
authorization to incur expenditures: Controllable Personnel
Expenditures, Controllable Operating Expenditures, and Non-
Controllable Operating Expenditures (Internal Service Funds). The
County Executive or the Fiscal Officer shall exercise supervision and
control of all budgeted expenditures within these limits, holding
expenditures below individual line-item appropriations or allowing
Commissioners Minutes Continued. September 23, 1999
436
overruns in individual line-items providing that at no time shall the
net expenditures exceed the total appropriation for Controllable
Personnel and Operating Expenses, respectively, for each division as
originally authorized or amended by the Board of Commissioners. The
Fiscal Officer shall submit to the Finance Committee a quarterly
listing of new governmental funded appropriations and internal service
fund line items created administratively which were not properly
classifiable. Line-item detail, division, unit or cost center detail
and allotments, which provide a monthly calendarization of annual
appropriations, as deemed necessary by the Fiscal Officer shall be
maintained and utilized as an administrative tool for management
information and cost control. The Fiscal Officer shall not approve
any expenditure beyond that necessary to accomplish stated program or
work objectives authorized in the general appropriation measure as
originally approved unless amended, in which case the amendment
takes precedence.
17. The Fiscal Officer shall maintain, for all budgeted funds,
appropriation ledger accounts in which are to be recorded such
expenditure encumbrances and obligations for the future payment of
appropriated funds as the Fiscal Officer may approve.
18. Each purchase order, voucher or contract of Oakland County shall
specify the funds and appropriation designated by number assigned in
the accounting system classification from which it is payable and
shall be paid from no other fund or appropriation. The necessary
amount of the appropriation from such account shall be transferred
pursuant to the provisions of this resolution to the appropriate
general appropriation account and the expenditure then
charged thereto.
19. No obligation shall be incurred against, and no payment shall be made
from, any appropriation account unless there is a sufficient
unencumbered balance in the appropriation and sufficient funds are or
will be available to meet the obligation. All capital projects
funded from the Capital Improvement Fund shall require approval of the
Board of Commissioners on recommendation of the appropriate liaison
committee (Planning and Building Committee) prior to initiation of the
project. Any obligation incurred or payment authorized in violation
of this resolution shall be void and any payment so made illegal
except those otherwise ordered by court judgment or decree.
20. The Fiscal Officer, after the end of each quarter, shall transmit to
the Board of Commissioners a report depicting the financial condition
of budgeted operations, including, but not limited to:
(a) A forecast of actual revenues by major source compared with
budgeted revenues accompanied by an explanation of any
significant variances,
(b) A forecast of actual expenditures and encumbrances by department
compared with authorized appropriations accompanied by an
explanation of any significant variances, and
(c) A forecast of actual expenditures, encumbrances and transfers
from each of the several non-departmental appropriations accounts
compared with authorized appropriations accompanied by an
explanation of any significant variances.
21. Direct expenditure and/or transfers of any unencumbered balance or any
portion thereof in any appropriation for transfer account to any other
appropriations account may not be made without amendment of the
general appropriation measure as provided for in this resolution,
except that transfers within and between budgeted funds and
departments may be made by the Fiscal Officer in the following
instances:
(a) Transfers may be made from the non-departmental overtime account
and fringe benefit adjustment account to the appropriate
departmental budget as specific overtime requests are reviewed
and approved by the Fiscal Services Division. Additionally,
overtime appropriations may be transferred between divisions
within a department at the request of the Department Head, if
authorized by the Fiscal Officer or his designee.
Commissioners Minutes Continued. September 23, 1999
437
(b) Transfers may be made from the non-departmental appropriation
accounts for Maintenance Department Charges and Miscellaneous
Capital Outlay to the appropriate departmental budget as specific
requests for these items are reviewed and approved by the
Fiscal Officer.
(c) Transfers may be made from the non-departmental appropriation
accounts Emergency Salaries and Summer Help as specific requests
for these items are reviewed and approved by the
Personnel Department.
(d) Fringe benefit rates shall be established annually in the budget
process to charge all General Fund/General Purpose, Special
Revenue and Proprietary funds for actual employer fringe benefit
costs. Such rates shall be sufficient to meet all fringe benefit
costs including sick leave and annual leave accumulations,
tuition reimbursement, employee training, retirees'
hospitalization and retirement administration. All funds
collected for Retirement, Tuition Reimbursement, Social Security
(FICA), Hospitalization for active and retired employees,
Disability, Dental, Optical, and Life and Accident Insurance
shall be transferred to the Employee Fringe Benefit Fund as
established by Miscellaneous Resolution #81-312. Sufficient
funds shall be maintained in the Employee Fringe Benefit Fund
liability account for sick leave and annual leave to cover the
accumulated liability at an amount equal to 50% of the sick leave
accumulation and 100% of the annual leave accumulation, including
applicable Social Security (FICA) taxes thereon. All funds
collected by Workers' Compensation and Unemployment Compensation
shall be transferred to the Fringe Benefit Fund as established by
Miscellaneous Resolution #81-012 and modified by Miscellaneous
Resolution #96-024.
(e) An amount for capital improvements and rental charges for
principal payments on Building Authority bonds shall be added to
the Building Space Cost Allocation charges. Funds collected as a
result of these charges shall be accumulated in the Facilities
Maintenance and Operations Fund for subsequent transfer to the
Capital Improvement Fund and Building Authority Fund. The
transfer of these funds to the Capital Improvement Fund and
Building Authority Fund shall not be made prior to September 30,
without approval from the Finance Committee of the Board
of Commissioners.
(f) Transfers may be made from the non-departmental accounts for the
Department of Information Technology or from any other source of
funds, for computer hardware and/or software only with prior
approval by the Finance Committee. Each proposal for the
transfer of funds must be supported in writing with cost
justification and an itemization of the requested hardware and
software. The Director of Information Technology shall present
such proposals as required to the Finance Committee as they are
developed. The Fiscal Officer shall report such amendments to
the Finance Committee as a formal part of the County Executive's
Quarterly Financial Forecast.
(g) Annually, from Fiscal Year 1999 through Fiscal Year 2003,
$5,000,000.00 will be transferred from the Delinquent Tax
Revolving Fund to the General Fund to fund the previously
established Environmental Infrastructure Fund (#263). These
funds will then be allocated and transferred from the General
Fund Operating Transfer account (#90-310000-41000-8001) to the
Environmental Infrastructure Fund. The allocation of the
Environmental Infrastructure Fund to local cities, villages and
townships (CVTs) will be based upon criteria established by the
Board of Commissioners. The total allocation, however, to any
approved CVT will coincide with an allocation that is based 50%
on the percentage each CVT=s state taxable value (STV) to the
County=s total taxable value for the most recently completed
assessment year, and 50% on the percentage of each CVT=s
Commissioners Minutes Continued. September 23, 1999
438
population, to the County=s total population based on the most
recently completed Decennial Census. Finally, any final
expenditure and transfer shall be done in conformance with State
law.
(h) Transfers (advances) may be made as necessary from the Drain
Revolving Fund to Drain Construction Funds and Drain Maintenance
Funds as short term advances for costs incurred such as
preliminary engineering fees and ongoing maintenance costs.
Costs incurred by Drain Maintenance Funds and Drain Construction
Funds will be repaid by the Drain Fund thru assessments.
Specific requests will be reviewed and approved by the
Fiscal Officer.
22. The Board of Commissioners may make supplemental appropriations by
amending this general appropriations measure as provided by this
resolution, provided that revenues in excess of those anticipated in
the original general appropriations measure become available due to:
(a) An unobligated surplus from prior years becoming available;
(b) Current year revenue exceeding original estimate in amounts
sufficient enough to finance increased appropriations. The Board
of Commissioners may make a supplemental appropriation by
increasing the dollar amount of an appropriation item in the
original general appropriations measure or by adding additional
items. At the same time the estimated amount from the source of
revenue to which the increase in revenue may be attributed shall
be increased, or other source and amount added in a sum
sufficient to equal the supplemental expenditure amount. In no
case may such appropriations cause total estimated expenditures,
including an accrued deficit, to exceed total estimated revenues,
including an unappropriated surplus.
23. Whenever it appears to the County Executive or the Board of
Commissioners that actual and probable revenues in any fund will be
less than the estimated revenues upon which appropriations from such
fund were based, the County Executive shall present to the Board of
Commissioners recommendations which, if adopted, will prevent
expenditures from exceeding available revenues for the current fiscal
year. Such recommendations shall include proposals for reducing
appropriations, increasing revenues, or both. After receiving the
recommendations of the County Executive for bringing appropriations
into balance with estimated revenues, the Board of Commissioners shall
amend the general appropriations measure to reduce appropriations or
shall approve such measures necessary to provide revenues sufficient
to equal appropriations, or both.
24. All appropriations are annual and the unexpended portion shall lapse
at year end. Encumbrances and Appropriations Carried Forward will be
recorded as a reservation of fund balance and the subsequent year's
budget amended to provide authority to complete these transactions.
Appropriations shall not be carried forward for more than six (6)
months into the budget year following the year in which they were
originally appropriated. A status report on Appropriations Carried
Forward, as required by Miscellaneous Resolution #93-156, will be
incorporated as an integral part of the ensuing year's Second Quarter
Financial Forecast for the purposes of determining their continuation
for the remainder of the year. The recommended year-end budget
amendment shall be supported with a statement of revenues and
expenditures and operating surplus or deficit which shall contain the
following data: (1) budget, as adopted; (2) budget amendments;
(3) budget, as adjusted; (4) revenues and expenditures, operating
surplus or deficit; (5) accrued revenue and expenditures;
(6) transfers; (7) total revenues and expenditures and transfers,
operating surplus or deficit, including accruals and transfers;
(8) encumbrances; (9) appropriations carried forward; (10) total
revenues and appropriations utilized, operating surplus or deficit,
including encumbrances and appropriations carried forward;
(11) balance of revenues not collected, unencumbered appropriation
balance, operating surplus or deficit; (12) detail of adjustments to
Commissioners Minutes Continued. September 23, 1999
439
designated and undesignated fund balance, detail of adjustment to
reserves and/or any other utilization of surplus; (13) final surplus
or deficit or undesignated fund balance carried forward to the
subsequent year's budget.
25. A member of the Board of Commissioners, the County Executive, any
elected officer, the Fiscal Officer, any other administrative officer
or employee of Oakland County shall not: (1) create a debt, incur a
financial obligation on behalf of the County against an appropriation
account in excess of the amount authorized, (2) apply or divert money
of the County for purposes inconsistent with those specified in this
general appropriations measure, as approved and amended by the Board
of Commissioners, nor (3) forgive a debt or write off an account
receivable without appropriate authorization of the Board of
Commissioners, as described in Miscellaneous Resolution #93-135.
Specifically, application of the foregoing Bad Debt Write Off Policy
shall be invoked for all amounts in excess of $1,000; transactions of
a lesser amount shall be considered within the administrative
authority of the Fiscal Officer. Furthermore, the Fiscal Services
Division must submit to the Board of Commissioners, as part of the
quarterly financial report, a listing of all bad debt write offs
occurring during the preceding three months. In addition,
transactions relating to Inmate Prisoner Billings which are billed in
excess of ability to pay, as determined by the Reimbursement Division,
are hereby authorized to be adjusted in accordance with Public Act 212
of 1994 with the resultant amount of the write-off subsequently
reported to the Board of Commissioners as part of the Quarterly
Financial Report. Also, within the administrative authority of the
Fiscal Officer and with the general approval of the Court, Circuit
Court and Probate Court financial orders for $2,500 or less may be
reduced and amended by the Reimbursement Division based on an
individual=s ability to pay. Waiver of fees in excess of $2,500 shall
require the approval of the Court. Except as otherwise stated in the
General Appropriations Act, funds shall not be expended without
specific appropriation or other appropriate action by the Board of
Commissioners from reserved, designated or undesignated fund equity;
from balance sheet accounts for the purchase of fixed assets not cited
in paragraph 26 of the General Appropriations Act, non-routine prepaid
items or non-routine obligations related to a specific appropriation;
or from funds not budgeted.
26. All Internal Service Fund budgets that have depreciable assets shall
have a capital budget with detail supporting the amount of annual
depreciation therein included, as well as a fiscal plan for replacing,
upgrading or disposing of those assets.
27. The budgetary system shall be maintained on the same basis of
accounting (generally accepted accounting principles) as the actual
financial information is maintained.
28. Any violation of the general appropriations measure by the County
Executive, the Fiscal Officer, any administrative officer, employee or
member of the Board of Commissioners detected through application of
generally accepted accounting procedures utilized by Oakland County or
disclosed in an audit of the financial records and accounts of the
County shall be filed with the State Treasurer and reported by the
State Treasurer to the Attorney General. Pursuant to Public Act 621
of 1978, the Uniform Budgeting Act, the Attorney General shall review
the report and initiate appropriate action against the person or
persons in violation. For use and benefit of the County of Oakland,
the Attorney General or Prosecuting Attorney may institute a civil
and/or criminal action in a court of competent jurisdiction for the
recovery of County funds disclosed by an examination to have been
illegally expended or collected as a result of malfeasance, and for
the recovery of public property disclosed to have been converted or
misappropriated.
29. The provisions of this act shall be applied to the General Fund and
all Special Revenue and Proprietary Funds of the County, including
Enterprise Funds and Internal Service Funds.
Commissioners Minutes Continued. September 23, 1999
440
BE IT FURTHER RESOLVED that as a condition of appropriation to a Community
Mental Health Authority, the Community Mental Health Authority shall submit to an
annual performance audit by an entity to be selected by the Board of
Commissioners with the parameters of said annual performance audit to be
determined by the County=s Audit Committee.
Chairperson, on behalf of the Finance Committee, I move the adoption of the
foregoing resolution which embodies the Fiscal Year 2000 General Appropriations
Act as detailed in the Fiscal Year 2000 Budget document, including
subsequent amendments.
FINANCE COMMITTEE
REPORT (Misc. #99250)
BY: Planning and Building Committee, Charles Palmer, Chairperson
IN RE: 2000 CAPITAL IMPROVEMENT PROGRAM - BUILDINGS
To the Oakland County Finance Committee
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the 2000 Capital
Improvement Program (Buildings Section) on August 10, 1999, reports with the
recommendation that the Buildings Section of the Program, a conceptual
identification of possible future capital improvement needs, be approved in the
amount of $25,405,000 as outlined in the attached report dated August 10, 1999.
Chairperson, on behalf of the Planning and Building Committee, I move
acceptance of the foregoing report.
PLANNING AND BUILDING COMMITTEE
REPORT (Misc. #99250)
BY: Planning and Building Committee, Charles Palmer, Chairperson
IN RE: 2000 CAPITAL IMPROVEMENT PROGRAM - UTILITIES
To the Oakland County Finance Committee
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the 2000 Capital
Improvement Program (Utilities Section) on August 10, 1999, reports with the
recommendation that the Utilities Section of the Program, a conceptual
identification of possible future capital improvement needs, be approved in the
amount of $1,505,000 as outlined in the attached report dated August 10, 1999.
Chairperson, on behalf of the Planning and Building Committee, I move
acceptance of the foregoing report.
PLANNNG AND BUILDING COMMITTEE
REPORT (Misc. #99250)
BY: Planning and Building Committee, Charles Palmer, Chairperson
IN RE: 2000 FACILITIES, MAINTENANCE AND OPERATIONS DIVISION - SPECIAL PROJECTS
BUDGET
To the Oakland County Finance Committee
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the 2000 FM&O Special
Projects Budget on August 10, 1999, reports with the recommendation the Special
Projects Budget be approved in the amount of $650,000 as outlined in the attached
report dated August 4, 1999.
Chairperson, on behalf of the Planning and Building Committee, I move
acceptance of the foregoing report.
PLANNING AND BUILDING COMMITTEE
Moved by Douglas supported by Dingeldey the Personnel Committee Reports (3)
and the Planning and Building Committee Reports (3) be accepted.
A sufficient majority having voted therefor, the reports were accepted.
Moved by Douglas supported by Dingeldey the resolution be adopted.
Moved by Jensen supported by Schmid the resolution be amended as follows:
1. Remove the following positions from the Board of Commissioners=
Administration budget:
(1) Committee Coordinator
(1) Secretary - BOC I
Commissioners Minutes Continued. September 23, 1999
441
(1) Administrative Assistant - BOC
(1) Financial/Operations Analyst;
2. Transfer the salary and fringe benefit appropriation for these
positions, amounting to $195,173, from the Board of Commissioners=
Administration budget to a Non-Departmental Account entitled
"Legislative Expense" as detailed below:
FY 2000 and FY 2001
51-211000-10000-2001 Board Salaries ($139,409)
51-211000-10000-2075 Board Fringes ( 55,764)
90-290000-25000-3064 Non-Dept. Leg. Exp. 195,173
$ 0 ;
3. Amend the General Appropriations Act by adding Section 21(i) which
states:
"A transfer of any or all of the appropriation allocated under
the Non-Departmental Account for Legislative Expense (#90-
290000-25000-3064) shall not be made to any departmental
budget without adoption of an Oakland County Board of
Commissioners resolution."
A sufficient majority having voted therefor, the amendment carried.
Moved by Douglas supported by Schmid the resolution be amended to coincide
with the recommendations in the Personnel Committee and Planning and Building
Committee Reports.
A sufficient majority having voted therefor, the amendments carried.
Vote on resolution, as amended:
AYES: Causey-Mitchell, Colasanti, Coleman, Devine, Dingeldey, Douglas,
Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard,
Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos,
Appel. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the Fiscal Year 2000 Budget
and General Appropriations Act resolution, as amended, was adopted.
MISCELLANEOUS RESOLUTION #99251
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: BOARD OF COMMISSIONERS - 1999 COUNTY GENERAL FUND PROPERTY TAX AND PARKS
& RECREATION TAX RATES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County has a fixed millage rate of 5.26 mills and a voted .25
mill for Parks & Recreation; and
WHEREAS the Huron-Clinton Metro Parks Authority has requested the County to
apportion a .25 mill property tax rate; and
WHEREAS Michigan Law (MCL 211.34d(16) permanently reduced the County's
Maximum Allowable Tax Rate to the 1998 "Headlee" rollback (Article 9, Section 31
of the Michigan Constitution) tax rate of 4.4188 mills, a Parks & Recreation
maximum allowable tax rate of .2405 mill and a Huron-Clinton Authority maximum
allowable tax rate of .2218 mill; and
WHEREAS Public Act 42 of 1995, "Truth in Budgeting" Act, allows the County
Board of Commissioners to hold a single public hearing as a prerequisite to both
approval of the Property Tax Levy and Budget adoption, if the recommended
property tax rate necessary to support the ensuing year=s operating budget is
included in the General Appropriations Act; and
WHEREAS the Board of Commissioners, by Miscellaneous Resolution #95265,
created the Millage Reduction and Stabilization Fund which accumulated a balance
of $4,375,000 attributable to cost saving measures implemented over time; and
WHEREAS the Board of Commissioners and County Executive was desirous of
utilizing these funds to further reduce the Property Tax Rate below the 1996 rate
Commissioners Minutes Continued. September 23, 1999
442
of 4.3805 mills by .03 mill which would consume the accumulated balance over a
four (4) year time frame, through Fiscal Year 2000, without jeopardizing the
County=s ability to deliver quality public services; and
WHEREAS the Board of Commissioners, upon the recommendation of the County
Executive, adopted Miscellaneous Resolution #98217 establishing a 1998 County
Property Tax rate of 4.1900 mills, .273 mills less than the Maximum Allowable Tax
Levy as constrained by State law, equivalent to a total tax reduction of $10.7
million; and
WHEREAS the County Executive recommends that the County tax rate be set at
4.1900 mills, same as the 1998 millage rate and .2288 mill below the Maximum
Allowable Tax Levy as constrained by State law, equivalent to a total tax
reduction of $9.6 million; and
WHEREAS the Finance Committee recommends that the 1999 County General Fund
Property Tax rate be set at 4.1900 mills, .2288 mill below the maximum allowable
tax rate; the Oakland County Parks & Recreation Tax rate be set at .2405 mill,
the maximum allowable tax rate; and the Huron-Clinton Metro Park Authority Tax
rate be set at .2218 mill, the maximum allowable tax rate; and
WHEREAS $174,957,729 is the estimated amount of the 1999 County General
Fund Budget to be raised by taxation based on the 1998 Taxable Value of all
property located in Oakland County ($41,756,021,276) at the recommended rate of
4.1900 mills, together with the voted .2405 mill for Parks & Recreation of
$10,042,323 and the .2218 mill for the Huron-Clinton Authority of $9,261,486.
NOW THEREFORE BE IT RESOLVED that each Supervisor of the various townships
and Assessing Officers of the several cities of Oakland County are authorized and
directed to spread on their respective township or city tax rolls for the
year 1999 the following tax rates to be applied to the 1999 Taxable Value of all
property located within their respective jurisdictions:
1999 County Voted for Huron-Clinton
General Property Tax Levy Parks & Recreation Park Authority
4.1900 Mills .2405 Mill .2218 Mill
Chairperson, on behalf of the Finance Committee, I move adoption of the
foregoing resolution.
FINANCE COMMITTEE
Moved by Douglas supported by Coleman the resolution be adopted.
AYES: Colasanti, Coleman, Devine, Dingeldey, Douglas, Galloway, Garfield,
Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht,
Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel,
Causey-Mitchell. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #99252
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: BOARD OF COMMISSIONERS - AMENDMENT TO GRANTS PROCEDURE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to Miscellaneous Resolutions #89105, 93020 and 95098, the
Board of Commissioners established and modified procedures for the application
and acceptance of grants and reimbursement agreements; and
WHEREAS the current grants procedures need to be modified to meet changing
grant paradigms and to provide review by the Office of Corporation Counsel; and
WHEREAS the attached grants procedures have been modified to cover the
circumstances described above.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
hereby amends its grants procedure in accordance with Attachment A entitled
Grant Application and Acceptance and Reimbursement Agreement Procedures .
BE IT FURTHER RESOLVED that the County Executive is requested to notify all
County elected officials and departments of the modification to the
Grant Procedures.
Chairperson, on behalf of the Finance Committee, I move adoption of the
foregoing resolution.
FINANCE COMMITTEE
Commissioners Minutes Continued. September 23, 1999
443
Copy of Grant Application and Acceptance and Reimbursement Agreement
Procedures on file in County Clerk=s office.
Moved by Douglas supported by Appel the resolution be adopted.
AYES: Coleman, Devine, Dingeldey, Douglas, Galloway, Garfield, Gregory,
Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer,
Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel, Causey-Mitchell,
Colasanti. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT (Misc. #99221)
BY: General Government Committee, Shelley G. Taub, Chairperson
IN RE: RETROACTIVE PROPERTY VALUE UNCAPPING
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above-referenced
resolution on August 30, 1999, recommends to the Oakland County Board of
Commissioners the resolution be amended as follows:
Add at the end of the NOW THEREFORE BE IT RESOLVED paragraph the
words, "Further a copy of this resolution be sent to all State
legislators."
Chairperson, on behalf of the General Government Committee, I move the
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
MISCELLANEOUS RESOLUTION #99221
BY: Ruel E. McPherson, District #25; Shelley Goodman Taub, District #12
IN RE: RETROACTIVE PROPERTY VALUE UNCAPPING
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS it has been brought to the attention of the Oakland County Board of
Commissioners that the retroactive uncapping procedures used in the
administration of Proposal A may result in financial hardship and the loss of
the homestead of a widow or widower, in the following circumstances:
1. A widow or widower inherits the homestead occupied by both parties
on the date that it was originally purchased by the deceased spouse.
2. The property was purchased jointly by the spouse or singly by the
deceased spouse years ago. The deceased failed to file a property
transfer affidavit at that time or it was filed but not recognized
by the local assessing unit.
3. Due to the recording of the death certificate, a name change, pay
off a loan, or other reason the assessing unit discovers that the
taxable value should have been uncapped years earlier and is
commanded by law to impose retroactive taxes, penalties, and
interest on the surviving spouse back to the original purchase date.
WHEREAS the Oakland County Board of Commissioners recognizes the need to
provide for relief in those circumstances; and
WHEREAS it is also recognized that any legislation on this matter must be
carefully drafted, provide written records, and be carefully supervised to insure
that the intent of the constitution and fairness to the taxpayers be
accomplished.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
requests that the Legislature, working with Assessment Administrators, the State
Tax Commission and the Department of Treasury, draft legislation that provides
for carefully supervised relief to taxpayers in these circumstances.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
requests that the Legislature use the procedures and qualifications provided for
in Section 211.7u of the General Property Tax Act as a standard for relief,
requiring:
A. The property would have to be the homestead of a surviving widow or
widower who occupies the property.
Commissioners Minutes Continued. September 23, 1999
444
B. File claim with the July or December Boards of Review in the year of
the uncapping or the succeeding year.
C. Meet the Federal Poverty Income Standard or Alternative Guidelines
established by the local governing body.
D. Be approved by the local Board of Review of the city or township.
Chairperson, we move the adoption of the foregoing resolution.
Ruel E. McPherson, Shelley G. Taub,
Frank Millard, George W. Suarez,
Vincent Gregory, Tim Melton,
Thomas A. Law, Terry Sever,
Brenda A. Causey-Mitchell
FISCAL NOTE (Misc. #99221)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: RETROACTIVE PROPERTY VALUE UNCAPPING
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed the above-referenced resolution on
September 16, 1999, reports that the resolution has no impact on the County=s
general fund and recommends its approval.
Chairperson, on behalf of the Finance Committee, I move the acceptance of
the foregoing report.
FINANCE COMMITTEE
Moved by Douglas supported by McPherson the General Government Committee
Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Douglas supported by McPherson the resolution be adopted.
Moved by Douglas supported by McPherson the resolution be amended to
coincide with the recommendation in the General Government Committee Report.
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Devine, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen,
Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson,
Schmid, Sever, Suarez, Taub, Amos, Appel, Causey-Mitchell, Colasanti,
Coleman. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
REPORT (Misc. #99244)
BY: General Government Committee, Shelley G. Taub, Chairperson
IN RE: SUPPORT HOUSE RESOLUTION 2488 - TAXPAYER REFUND AND RELIEF ACT OF 1999
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above-referenced
resolution on September 13, 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 #99244
BY: Commissioners John P. McCulloch, District #22; Shelley G. Taub, District #12
IN RE: SUPPORT HOUSE RESOLUTION 2488 - TAXPAYER REFUND AND RELIEF ACT OF 1999
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Congressman Joseph K. Knollenberg co-sponsored House Resolution
2488, the Taxpayer Refund and Relief Act of 1999 that will allow American
taxpayers to keep $300 billion more of their own money over the next decade; and
Commissioners Minutes Continued. September 23, 1999
445
WHEREAS this tax proposal will have a significant and positive economic
impact for the citizens of Oakland County by proposing to: eliminate the marriage
penalty, eliminate the death tax and provide capital gains tax relief; and
WHEREAS this tax proposal offers much needed assistance to families and
senior citizens by proposing: an increase in the IRA contribution, deduction of
prescription drug insurance, health care tax deductions and education incentives.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
does hereby support House Resolution 2488 - The Taxpayer Refund and Relief Act of
1999 and urges the nation=s leaders to support this legislation which will
address our burdensome tax system.
BE IT FINALLY RESOLVED that copies of this adopted resolution be forwarded
to the Oakland County Federal legislators, the National Association of Counties,
and to Oakland County=s legislative agents.
Chairperson, we move the adoption of the foregoing resolution.
John P. McCulloch, Shelley G. Taub
Copy of Summary of House Resolution 2488 on file in County Clerk=s office.
Moved by Taub supported by Jensen the General Government Committee Report
be accepted.
A sufficient majority having voted therefor, the report was accepted.
Discussion followed.
Moved by Taub supported by Jensen the resolution be adopted.
AYES: Dingeldey, Douglas, Galloway, Garfield, Jensen, Law, McCulloch,
Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Taub, Amos,
Colasanti, Devine. (18)
NAYS: Gregory, McPherson, Melton, Suarez, Appel, Causey-Mitchell,
Coleman. (7)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT (Misc. #99240)
BY: General Government Committee, Shelley G. Taub, Chairperson
IN RE: PUBLIC SERVICE COMMISSION AND FEDERAL COMMUNICATIONS COMMISSION - REVIEW
OF UNREQUESTED TELEPHONE SERVICES AND EXCESSIVE CHARGES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above-referenced
resolution on September 13, 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 #99240
BY: Commissioners Ruel E. McPherson, District #25 and John P. Garfield,
District #9
IN RE: PUBLIC SERVICE COMMISSION AND FEDERAL COMMUNICATIONS COMMISSION - REVIEW
OF UNREQUESTED TELEPHONE SERVICES AND EXCESSIVE CHARGES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County has seen an increase in unsolicited features such as
the automatic callback service and three-way calling, which cause additional
charges to our constituents= monthly telephone bills; and
WHEREAS telephone companies have also added services for additional fees
which are accompanied by a solicitation message; 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 methodology of access to these services undermines the
community=s faith in our public utilities, and is an encroachment on the rights
of the telephone consumer; and
WHEREAS long-distance carriers often assess $3-$5 per month in fees for not
making sufficient long distance-calls; and
Commissioners Minutes Continued. September 23, 1999
446
WHEREAS Oakland County residents and businesses have also been subject to
the practices of cramming and slamming ; and
WHEREAS Oakland County residents have also been subject to excessive fees
and rates charged by providers of pay-telephone services; and
WHEREAS the Oakland County Board of Commissioners desires to protect its
constituents from these practices.
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 to review and hold public hearings on the
telephone companies= methodology of access to special services for fees, and any
and all other additional service charges.
BE IT FURTHER RESOLVED that copies of this resolution be forwarded to all
members of the State Legislature, the Michigan Public Service Commission, and the
Federal Communications Commission.
Chairperson, we move the adoption of the foregoing resolution.
Ruel E. McPherson, John P. Garfield,
Michelle Friedman Appel, Dan Devine,
George W. Suarez, David L. Moffitt,
Frank Millard, Terry Sever,
Brenda Causey-Mitchell, Tim Melton,
David N. Galloway, Vincent Gregory,
Eric Coleman, Ron Colasanti,
Kay Schmid, Nancy Dingeldey,
Don Jensen, Thomas A. Law
Moved by Taub supported by Garfield the General Government Committee Report
be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Taub supported by Garfield the resolution be adopted.
Moved by Garfield supported by Sever the resolution be amended by striking
the 4th WHEREAS paragraph.
Discussion followed.
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton,
Moffitt, Obrecht, Patterson, Schmid, Sever, Suarez, Taub, Appel, Causey-Mitchell,
Coleman, Devine, Dingeldey. (19)
NAYS: Douglas, Galloway, Millard, Palmer, Amos, Colasanti. (6)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
REPORT
BY: General Government Committee, Shelley G. Taub, Chairperson
IN RE: APPOINTMENT TO BOARD OF CANVASSERS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee reports with the recommendation that
Annie Mitchell and William Pearson be appointed to the Canvassing Board for
four-year terms expiring October 31, 2003.
Further, on September 25, 1997, Elaine Skarritt and Georgia Moore were
incorrectly appointed for a two year term expiring October 31, 1999 instead of a
four year term expiring October 31, 2001. The General Government Committee
wishes to correct this error by continuing the terms of Skarritt and Moore to
expire October 31, 2001.
Chairperson, on behalf of the General Government Committee, I move the
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
Commissioners Minutes Continued. September 23, 1999
447
Moved by Taub supported by Suarez the General Government Committee Report
be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Taub supported by Suarez to continue the terms of Elaine Skarritt
and Georgia Moore to expire October 31, 2001.
AYES: Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson,
Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez,
Taub, Amos, Appel, Causey-Mitchell, Colasanti, Coleman, Devine, Dingeldey,
Douglas. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the motion to continue the
terms of Elaine Skarritt and Georgia Moore to expire October 31, 2001 carried.
Moved by Taub supported by Melton the appointments of Annie Mitchell and
William Pearson to the Canvassing Board for four year terms ending
October 31, 2003 be confirmed.
AYES: Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton,
Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos,
Appel, Causey-Mitchell, Colasanti, Coleman, Devine, Douglas, Galloway. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the motion to confirm the
appointments of Annie Mitchell and William Pearson to the Canvassing Board, for
terms expiring October 31, 2003 carried.
REPORT
BY: General Government Committee, Shelley G. Taub, Chairperson
IN RE: REMONUMENTATION GRANT REPRESENTATIVE APPOINTMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee recommends that Joseph Kapelczak be
appointed as Oakland County=s representative for the ongoing
Remonumentation Grant.
Chairperson, on behalf of the General Government Committee, I move the
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
Moved by Taub supported by Schmid the General Government Committee Report
be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Taub supported by Schmid the appointment of Joseph Kapelczak as
Oakland County=s Representative for the ongoing Remonumentation Grant be
confirmed.
AYES: Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard,
Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel,
Causey-Mitchell, Colasanti, Coleman, Devine, Dingeldey, Douglas, Galloway,
Garfield. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the appointment was confirmed.
MISCELLANEOUS RESOLUTION #99253
BY: General Government Committee, Shelley G. Taub, Chairperson
IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION - ADOPTION OF REVISED
ARTICLE IV, FOOD SERVICE ESTABLISHMENT, OF THE OAKLAND COUNTY SANITARY CODE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County Government places the highest priority on protecting
the health and safety of our residents; and
Commissioners Minutes Continued. September 23, 1999
448
WHEREAS the Food and Drug Administration (FDA) Revised Model Food Code of
1997 emphasizes the need for food worker knowledge to assure food safety; and
WHEREAS the management of the food service establishment is the final party
responsible for ensuring the safety of the food it produces; and
WHEREAS an education and training program for food handling and sanitation
is key to a successful food operation; and
WHEREAS it is recommended that the Oakland County Sanitary Code be revised
to include the attached Article IV, Food Service Establishments, which requires
each food service business applicant to have at least one (1) employee/staff
member per food service business site who has successfully completed a food
service manager certification program; and
WHEREAS in accordance with the Public Health Code (Public Act 368 of 1978)
and pursuant to Miscellaneous Resolution #99135, a public hearing was conducted
regarding the proposed revisions to Article IV.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approves the adoption of the attached Article IV, Food Service Establishments, as
a revision to the Oakland County Sanitary Code.
Chairperson, on behalf of the General Government Committee, I move the
adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Oakland County Sanitary Code, Article IV, Food Service
Establishments on file in County Clerk=s office.
Moved by Taub supported by Coleman the resolution be adopted.
AYES: Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt,
Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel,
Causey-Mitchell, Colasanti, Coleman, Devine, Dingeldey, Douglas, Galloway,
Garfield, Gregory. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT
BY: General Government Committee, Shelley G. Taub, Chairperson
IN RE: APPOINTMENT COMMUNITY MENTAL HEALTH BOARD
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee reports with the recommendation that
Mark Davidoff be appointed to the Community Mental Health Authority Board to fill
a vacancy created by the resignation of Harold Bay, term expiring March 31, 2001.
Chairperson, on behalf of the General Government Committee, I move the
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
Moved by Taub supported by Law the General Government Committee Report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Taub supported by Law the appointment of Mark Davidoff to the
Community Mental Health Authority Board, to fill the vacancy created by the
resignation of Harold Bay, for a term expiring March 31, 2001, be confirmed.
Discussion followed.
Commissioner Appel stated, for the record, that the Republican Caucus
appointed a three person Ad Hoc Committee. The Ad Hoc Committee reviewed the
applications submitted and reduced the field to three applicants, who were
reviewed by the Republican Caucus. At no time was the General Government
Committee involved.
Discussion followed.
Commissioners Minutes Continued. September 23, 1999
449
AYES: Law, McCulloch, Millard, Moffitt, Obrecht, Palmer, Patterson,
Schmid, Sever, Taub, Appel, Causey-Mitchell, Devine, Douglas, Galloway,
Jensen. (16)
NAYS: McPherson, Melton, Suarez, Amos, Colasanti, Coleman, Dingeldey,
Garfield, Gregory. (9)
A sufficient majority having voted therefor, the appointment of
Mark Davidoff was confirmed.
MISCELLANEOUS RESOLUTION #99254
BY: Personnel Committee, Tom Law, Chairperson
IN RE: OPTIONAL BENEFIT FROM 2% TO 2.2% AND DEFINED CONTRIBUTION TRANSFER
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 by 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 Section 3 shall be amended by adding
Sub-section f(5) - Benefit Group General - Option E. All Members not included in
Benefit Group Sheriff=s Department whose employment agreements with the County
indicate that they are Option E employees.
BE IT FURTHER RESOLVED that the Board of Commissioners amend 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 and Represented employees whose collective bargaining agreement
provides for these benefit modifications.
a. As of December 31, 1999 determine who the Members are that are
eligible to make a current election;
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
Commissioners Minutes Continued. September 23, 1999
450
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 using 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 E. The individual has attained
age 55 and has 25 or more years of credited service, or the
individual has attained age 60 years and has 8 or more years
of credited service and Member makes a 1% 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 E. For Members who make a 1%
of compensation pick-up contribution after
December 18, 1999, or when the employee completes 14 years of
service and makes a 1% of compensation pick-up contribution,
2.0% (.02) of the Member=s final average compensation
multiplied by up to 14 years of credited service and years 15
and beyond shall be multiplied by 2.2% (.022) of the Member=s
final average compensation.
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 and represented
Members whose collective bargaining agreement provides for
these benefit modifications shall require a Member
Contribution of 1% of Compensation after completing 14 years
of service. 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 Benefit Group General - Option E remain
consistent with Bargaining Group 10, Sheriff=s Deputies as to years of service
for contribution and that if the deputies lower the years of service from 14,
then the Benefit Group General - Option E shall be lowered to the same number.
BE IT FURTHER RESOLVED that Section 41 be amended as follows:
(a) The Chairperson of the Board of County Commissioners or
designee by virtue of that office.
(b) The Chairperson of the County Finance Committee or designee by
virtue of that office.
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.
Commissioners Minutes Continued. September 23, 1999
451
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
FISCAL NOTE (Misc. #99254)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: OPTIONAL BENEFIT FROM 2% TO 2.2% AND DEFINED CONTRIBUTION TRANSFER
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 based on the actuarial analysis finds no
additional funding is required.
FINANCE COMMITTEE
Moved by Law supported by Sever the resolution be adopted.
AYES: McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer,
Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel, Causey-Mitchell, Colasanti,
Coleman, Devine, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen,
Law. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #99255
BY: Personnel Committee, Tom Law, Chairperson
IN RE: DEFINED CONTRIBUTION INCREASE, CHANGE IN INVESTMENT OPTIONS, LOAN
PROVISION CHANGE, AND ADDING DESIGNEES TO RETIREMENT COMMISSION
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 it if 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
Commissioners Minutes Continued. September 23, 1999
452
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 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 2% 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 7% 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.
Commissioners Minutes Continued. September 23, 1999
453
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 3% of Compensation.
The County=s Contribution for each such electing
Non-Represented New Member shall be 8% 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
(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
Commissioners Minutes Continued. September 23, 1999
454
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 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:
Commissioners Minutes Continued. September 23, 1999
455
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.
BE IT FURTHER RESOLVED that Section 57(b)(7) be amended to read as follows:
Application for Loan: The Member must give the retirement system adequate
written notice as determined by the Retirement Commission of the amount
and desired time for receiving a loan. No more than (5) loans may be made
by the Retirement Commission to a Member in any calendar year. No loan
shall be approved if an existing loan from the retirement system to the
Member is in default to any extent.
BE IT FURTHER RESOLVED that Section 18 be amended as follows:
(a) The Chairperson of the Board of County Commissioners or designee by
virtue of that office.
(b) The Chairperson of the County Finance Committee or designee by
virtue of that office.
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.
Commissioners Minutes Continued. September 23, 1999
456
PERSONNEL COMMITTEE
FISCAL NOTE (Misc. #99255)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: DEFINED CONTRIBUTION INCREASE, CHANGE IN INVESTMENT OPTIONS, LOAN
PROVISION CHANGE, AND ADDING DESIGNEES TO RETIREMENT COMMISSION
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 funding available in the Fringe Benefit
Fund in the Fiscal Year 2000 and Fiscal Year 2001 County Executive Recommended
Budget. No additional appropriation is required.
FINANCE COMMITTEE
Moved by Law supported by Patterson the resolution be adopted.
AYES: McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson,
Schmid, Sever, Suarez, Taub, Amos, Appel, Causey-Mitchell, Colasanti, Coleman,
Devine, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law,
McCulloch. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #99256
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DRAIN COMMISSIONER - 1999 LAKE LEVEL ASSESSMENTS FOR OPERATION AND
MAINTENANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in accordance with the provisions of Inland Lake Level Act No. 146
of the Public Acts of 1961, as amended by Act No. 59 of the Public Acts of 1995
(Part 307), the Oakland County Drain Commissioner operates and maintains 35 level
control devices/structures and 6 lake augmentation pumps that regulate the
legally established water level of 53 lakes located within Oakland County; and
WHEREAS the Drain Commissioner incurs costs for such operation and
maintenance that are recoverable via assessments against the various benefitting
properties and government entities comprising the assessment rolls of the
respective Lake Level Districts; and
WHEREAS Section 30722(4) of said Act No. 59 requires that the
Drain Commissioner obtain approval from the Board of Commissioners prior to
levying any lake level assessment in excess of $10,000.00 annually; and
WHEREAS for the year 1999 the Drain Commissioner proposes to assess 28
separate Lake Level Districts the total aggregate amount of $335,572.35 for
operation, maintenance and repair purposes, as itemized on the listing attached
hereto, of which 13 of the proposed assessments are in excess of the said
$10,000.00 limit, thereby requiring Board of Commissioner authorization.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
hereby authorizes the Drain Commissioner to assess, levy and collect for the year
1999, for the purpose of operating and maintaining the level of various lakes in
Oakland County, the total aggregate amount of $335,572.35, being the sum total of
assessments for the said year to be assessed against all of the benefitting
properties and government entities comprising the assessment rolls of the 28
separate Lake Level Districts itemized on the listing attached hereto, including
13 assessments in excess of $10,000.00.
Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Oakland County Drain Commissioner, 1999 Lake Level Assessments for
Maintenance and Operation, and 1999 Drain and Lake Level Assessment Rolls -
Detailed Summary by Community and Project, on file in County Clerk=s office.
FISCAL NOTE (Misc. #99256)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: DRAIN COMMISSIONER - 1999 LAKE LEVEL ASSESSMENTS FOR OPERATION AND
MAINTENANCE
Commissioners Minutes Continued. September 23, 1999
457
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 the Drain Commissioner to assess, levy and
collect $335,572.35 against all benefitting properties and
government entities comprising the assessment rolls for the purpose
of operating and maintaining 28 lake levels located within
Oakland County.
2. The County=s share of the assessments for operations and maintenance
of lake levels is $1,341.66. Funding is available in the
Non-Departmental Account - Drain Assessments. No additional
appropriation is required.
FINANCE COMMITTEE
The Chairperson stated that by Statute the resolution shall lay over until
October 28, 1999. There were no objections.
MISCELLANEOUS RESOLUTION #99257
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DRAIN COMMISSIONER - 1999 CHAPTER 4 DRAIN MAINTENANCE ASSESSMENT
RESOLUTION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in accordance with the provisions of Chapter 4 of Act No. 40 of the
Public Acts of 1956, as amended, also known as the Drain Code, the Oakland County
Drain Commissioner operates and maintains a number of open ditch or enclosed
drains at various locations throughout Oakland County; and
WHEREAS the Drain Commissioner incurs costs for such operation and
maintenance that are recoverable via assessments against the various benefitting
properties and government entities comprising the assessment rolls of the
respective Drainage Districts; and
WHEREAS Chapter 8 of the said Drain Code permits the Drain Commissioner to
levy assessments against Drainage Districts of drains established in accordance
with said Chapter 4, for operation, maintenance, cleanout and repair purposes,
provided such assessments not exceed $2,500.00 per mile of drain per year, or
fraction thereof; and
WHEREAS for the year 1999 the Drain Commissioner proposes to assess 21
Drainage Districts the total aggregate amount of $66,055.38 for the maintenance,
operation, cleanout and repair of 21 drains, all in accordance with the said
$2,500.00 per mile of drain per year limitation, as itemized on the listing
attached hereto.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
hereby authorizes the Drain Commissioner to assess, levy and collect for the year
1999, for the purpose of operating, maintaining, cleaning out and repairing 21
drains located in Oakland County, the total aggregate amount of $66,055.38, being
the sum total of assessments for the said year to be assessed against all of the
benefitting properties and government entities comprising the assessment rolls of
the 21 Drainage Districts itemized on the listing attached hereto.
Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Oakland County Drain Commissioner, 1999 Chapter 4 Drain Assessments
for Maintenance and Operation on file in County Clerk=s office.
FISCAL NOTE (Misc. #99257)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: DRAIN COMMISSIONER - 1999 CHAPTER 4 DRAIN MAINTENANCE ASSESSMENT
RESOLUTION
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:
Commissioners Minutes Continued. September 23, 1999
458
1. The resolution authorizes the Drain Commissioner to assess, levy and
collect $66,055.38 against all benefitting properties and government
entities comprising the assessment rolls for the purpose of
maintaining, cleaning and repairing Chapter 4 drains located within
Oakland County.
2. The County=s share of the assessments for maintenance of Chapter 4
drains is $2,636.22. Funding is available in the Non-Departmental
Account - Drain Assessments. No additional appropriation is
required.
FINANCE COMMITTEE
The Chairperson stated that by Statute the resolution shall lay over until
October 28, 1999. There were no objections.
MISCELLANEOUS RESOLUTION #99258
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DRAIN COMMISSIONER - 1999 CHAPTER 18 DRAIN MAINTENANCE ASSESSMENT
RESOLUTION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in accordance with the provisions of Chapter 18 of Act No. 40 of
the Public Acts of 1956, as amended, the Michigan Drain Code, the Oakland County
Drain Commissioner operates and maintains a number of open ditch and/or enclosed
pipe drains at various locations in Oakland and West Bloomfield Townships; and
WHEREAS existing private drains established as County Drains in accordance
with Chapter 18 of the Michigan Drain Code shall be the same as if originally
laid out and designated, located, established and constructed by procedures set
forth in other sections of the Michigan Drain Code; and
WHEREAS the Drain Commissioner incurs costs for the operation and
maintenance of these drains that are recoverable via assessments against the
various benefitting properties and government entities comprising the assessment
rolls of the respective Drainage Districts; and
WHEREAS Chapter 8 of the said Drain Code permits the Drain Commissioner to
levy assessments against Drainage Districts of Drains established in accordance
with said Chapter 18, for operation, maintenance, cleanout and repair purposes,
provided such assessments not exceed $2,500.00 per mile of drain per year, or
fraction thereof; and
WHEREAS for the year 1999 the Drain Commissioner proposes to assess eight
Drainage Districts the total aggregate amount of $31,533.46 for the maintenance,
operation, cleanout and repair of eight drains, all in accordance with the said
$2,500.00 per mile of drain per year limitation, as itemized on the listing
attached hereto.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
hereby authorizes the Drain Commissioner to assess, levy and collect for the year
1999, for the purpose of operating, maintaining, cleaning out and repairing eight
drains located in Oakland County, the total aggregate amount of $31,533.46, being
the sum total of assessments for the said year to be assessed against all of the
benefitting properties and government entities comprising the assessment rolls of
the eight Drainage Districts itemized on the listing attached hereto.
Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Oakland County Drain Commissioner, 1999 Chapter 18 Drain
Assessments for Maintenance and Operation on file in County Clerk=s office.
FISCAL NOTE (Misc. #99258)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: DRAIN COMMISSIONER - 1999 CHAPTER 18 DRAIN MAINTENANCE ASSESSMENT
RESOLUTION
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:
Commissioners Minutes Continued. September 23, 1999
459
1. The resolution authorizes the Drain Commissioner to assess, levy and
collect $31,533.46 against all benefitting properties and government
entities comprising the assessment rolls for the purpose of
operating, maintaining, cleaning and repairing 8 Chapter 18 drains
located within Oakland County.
2. The County=s share of the assessments for maintenance of Chapter 18
drains is $4,740.53. Funding is available in the Non-Departmental
Account - Drain Assessments. No additional appropriation is
required.
FINANCE COMMITTEE
The Chairperson stated that by Statute the resolution shall lay over until
October 28, 1999. There were no objections.
MISCELLANEOUS RESOLUTION #99259
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION - RESOLUTION
APPROVING PROJECT PLAN (ORCHARD LAKE SCHOOLS PROJECT) - CITY OF ORCHARD LAKE
VILLAGE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Economic Development Corporation of the County of Oakland (the
"EDC") has recommended that the Board of Commissioners approve the Project Plan
required by the Economic Development Corporations Act (the "Act") for the
captioned Project, a copy of which has been presented to this meeting (the
"Project Plan"); and
WHEREAS the EDC's recommendations to the Board of Commissioners were based
upon its determinations that the Project is reasonable and necessary to
effectuate the purposes of the Act and that the Project Plan satisfies all of the
requirements of the Act regarding project plans; and
WHEREAS the governing body of the City of Orchard Lake Village,
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 Orchard Lake Schools, EDC Project Plan on file in County
Clerk=s office.
Moved by Palmer supported by Taub the resolution be adopted.
AYES: Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever,
Suarez, Taub, Amos, Appel, Causey-Mitchell, Colasanti, Coleman, Devine,
Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch,
McPherson. (25)
NAYS: None. (0)
Commissioners Minutes Continued. September 23, 1999
460
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #99260
BY: Public Services Committee, Frank Millard, Chairperson
IN RE: SHERIFF====S DEPARTMENT - DIGITAL TRANSMISSION OF FINGERPRINT DATA AND
IMAGES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to Miscellaneous Resolution #98126, the
Sheriff=s Department, in conjunction with existing Live Scan agencies and
potential Live Scan agencies, applied to the Michigan Department of Community
Health, Office of Drug Control Policy, for $1,228,838 in Criminal Justice Records
Improvement Grant funds for Fiscal Year 2000; and
WHEREAS the application included $921,628 in Federal funds with a match for
Oakland County of $203,210 and $104,000 for other local units; and
WHEREAS the original application was revised to remove equipment,
maintenance and operation costs for eleven proposed Live Scan agencies; and
WHEREAS the Michigan Office of Drug Control Policy has awarded
Oakland County $512,681 in Federal funds, which requires a $170,894 County match,
for a total budget of $683,575; and
WHEREAS the total grant award is a -44.37% variance from the original
application and the Oakland County match is a -15.9% variance from the original
application match amount; and
WHEREAS the matching funds will come from Michigan Tax Tribunal monies; and
WHEREAS the 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 Office of Drug Control Policy Grant from the Michigan Department of
Treasury in the total amount of $683,575.
Chairperson, on behalf of the Public Services Committee, I move adoption of
the foregoing resolution.
PUBLIC SERVICE COMMITTEE
FISCAL NOTE (Misc. #99260)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: SHERIFF=S DEPARTMENT - DIGITAL TRANSMISSION OF FINGERPRINT DATA AND
IMAGES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed
the above-referenced resolution and finds:
1. The Michigan Department of Treasury has awarded a grant in the
amount of $683,575 for Digital Transmission of Fingerprint Data
and Images.
2. The purpose of this grant is the ongoing improvement of the Live
Scan initiative by providing addition training and equipment.
3. The grant includes $512,681 in Federal funds with a required match
for Oakland County of $170,894 which will come from Michigan Tax
Tribunal monies (90-210000-21000-9099).
4. The Fiscal Year 2000 Special Revenue budget is amended, as specified
below, to recognize this new grant award:
DIGITAL TRANSMISSION OF FINGERPRINT DATA
FY 2000
Revenue
43-272-XXXXXX-XXXXX-2185 Grant Revenue $683,575
Expenditures
43-272-XXXXXX-XXXXX-3287 Contracted Services $427,200
43-272-XXXXXX-XXXXX-3727 Training $ 16,805
43-272-XXXXXX-XXXXX-9154 Computer Equipment $239,570
FINANCE COMMITTEE
Commissioners Minutes Continued. September 23, 1999
461
Moved by Millard supported by Gregory the resolution be adopted.
AYES: Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez,
Taub, Amos, Appel, Causey-Mitchell, Colasanti, Coleman, Devine, Dingeldey,
Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson,
Melton. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #99261
BY: Public Services Committee, Frank Millard, Chairperson
IN RE: SHERIFF'S DEPARTMENT - FISCAL YEAR 1999 STATE CRIMINAL ALIEN ASSISTANCE
(SCAAP) GRANT APPLICATION/ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to Miscellaneous Resolution #98126, the Sheriff Department
applied to Office of Justice Program, U.S. Department of Justice, in conjuction
with the Immigration and Naturalization Service for financial assistance for the
period 10/1/98 through 6/30/99; and
WHEREAS due to the application procedure where a listing of possible
illegal aliens is sent to OJP for their determination of payment, a Report to the
Chairperson was not completed as specified in the Grant Rules; and
WHEREAS the Sheriff=s Department applied for $516,153 in Federal funds from
the SCAAP grant; and
WHEREAS the Sheriff has been notified of an award of $86,181, which is
16.6% of the original application; and
WHEREAS a Sheriff's Department Grant Match is not required, and an
additional appropriation is not required; 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
approved the Fiscal Year 1998 State Criminal Alien Assistance Grant Acceptance in
the amount of $86,181 and the Fiscal Year 1999 Budget be amended to account for
this revenue.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
The Chairperson referred the resolution to the Finance Committee. There
were no objections.
REPORT (Misc. #99237)
BY: Personnel Committee, Thomas A. Law, Chairperson
IN RE: PUBLIC SERVICES/COMMUNITY CORRECTIONS - CREATION OF TWO SPECIAL REVENUE
POSITIONS THROUGH THE COMMUNITY CORRECTIONS STATE GRANT FOR FISCAL YEAR 1999
AND 2000
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed the above-referenced resolution on
September 15, 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 #99237
BY: Public Services Committee, Frank Millard, Chairperson
IN RE: PUBLIC SERVICES/COMMUNITY CORRECTIONS - CREATION OF TWO SPECIAL REVENUE
POSITIONS THROUGH THE COMMUNITY CORRECTIONS STATE GRANT FOR FISCAL YEAR 1999
AND 2000
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Commissioners Minutes Continued. September 23, 1999
462
WHEREAS Community Corrections is requesting the creation of a new unit
titled Step Forward; and
WHEREAS the Community Corrections Division is preparing to open a second
Step Forward Program site in the South Oaks Building in Troy; and
WHEREAS the Step Forward Program is an Intensive Day Reporting Center that
offers an array of services including substance abuse and mental health services
for non-violent offenders, and is an alternative to jail sentencing; and
WHEREAS Pontiac and a Waterford In-Step Program sites require
implementation and coordination; and
WHEREAS Community Corrections is requesting the creation of one (1) special
revenue Community Service Coordinator position to oversee programming and
services provided at the three sites; and
WHEREAS this position is needed to ensure quality control of the programs
and will be 100% funded by the Community Corrections Grant from the State of
Michigan; and
WHEREAS the Sheriff Department is requesting the creation of a SR PTNE
(1,000 hr/yr) Inmate Substance Abuse Technician position to administer an
objective risk/assessment instrument on eligible offenders for submission to the
Probation Department for sentencing consideration and placement into a
PA511 program.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approves the creation of a new unit titled Step Forward in the Public Services
Department, Community Corrections Division.
BE IT FURTHER RESOLVED that one (1) special revenue funded
Community Service Coordinator position be created in this unit to oversee the
program sites.
BE IT FURTHER RESOLVED that one (1) PTNE (1,000 hr/yr) special revenue
funded Inmate Substance Abuse Technician position be created in the
Sheriff Department, Corrective Services/Detention Facilities Division,
Classifications Unit.
BE IT FURTHER RESOLVED that continuation of these positions is contingent
upon future levels of State funding.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
REPORT (Misc. #99237)
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: PUBLIC SERVICES/COMMUNITY CORRECTIONS - CREATION OF TWO SPECIAL REVENUE
POSITIONS THROUGH THE COMMUNITY CORRECTIONS STATE GRANT FOR FISCAL YEAR 1999
AND 2000
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed the above-referenced resolution
reports as follows:
1. The Board of Commissioners accepted a grant from the Michigan
Department of Community Health in the amount of $134,633 with a
grant match of $44,878 for period October 1, 1999 through
September 30, 2000 pursuant to Miscellaneous Resolution #99196.
2. Funds to cover the creation of one (1) SR Community Service
Coordinator position and one (1) PTNE SR Inmate Substance Abuse
Technician position was included in the grant acceptance.
3. No further budget amendments are requested.
Chairperson, on behalf of the Finance Committee, I move the acceptance of
the foregoing report.
FINANCE COMMITTEE
Moved by Millard supported by Devine the Personnel Committee Report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Millard supported by Devine the resolution be adopted.
Commissioners Minutes Continued. September 23, 1999
463
AYES: Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub,
Amos, Appel, Causey-Mitchell, Colasanti, Coleman, Devine, Dingeldey, Douglas,
Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton,
Millard. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Chairperson John McCulloch recognized Jeff Kaczmarek who is leaving to take
a position with the State and thanked him on behalf of the Board for his
tremendous efforts as Director of Community and Economic Development.
MISCELLANEOUS RESOLUTION #99262
BY: Commissioners Nancy Dingeldey, District #11; Ruel McPherson, District #25
IN RE: AMENDMENT TO THE SANITARY CODE TO INCLUDE ALTERNATE MEMBERS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in accordance with the Oakland County Sanitary Code, the Sanitary
Code Appeal Board consists of 5 members who must convene within forty-five
calendar days of the filing of an appeal; and
WHEREAS in order to hear the appeals in a timely fashion and to meet the
requests of appellants who want to bring their appeals before a full board, it is
necessary to provide alternate members to the Sanitary Code Appeal Board.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
does hereby amend the Sanitary Code, Article V., Section 1, as follows: The
Oakland County Sanitary Code Appeal Board shall consist of five (5) REGULAR
members AND TWO (2) ALTERNATE MEMBERS AVAILABLE TO SERVE IN THE ABSENCE OF A
REGULAR MEMBER(S). Not more than three (3) members shall be of the Oakland
County Board of Commissioners Committee, with no more than two (2) of those
members from any one political party; the remaining members shall be
nongovernmental citizens. All members are to be appointed by the Chairperson of
the Board of Commissioners with the approval of the Board of Commissioners. In
the first instance, one member shall be appointed for a term ending
December 31, 1975, two members appointed for a term ending December 31, 1976 and
two members appointed for a term ending December 31, 1977. Thereafter, each
member AND ALTERNATE MEMBERS shall be appointed for a term of three (3) years.
Each term shall expire at midnight December 31, but each member shall hold office
until his successor is appointed.
BE IT FURTHER RESOLVED that in the absence or disability of a member of the
Sanitary Code Appeal Board, the Chairperson of the Oakland County Sanitary Code
Appeal Board or, in his/her absence, the Vice Chair may call upon a duly
appointed alternate to act as a member of the Sanitary Code Appeal Board.
Chairperson, we move the adoption of the foregoing resolution.
Nancy L. Dingeldey, Ruel E. McPherson
The Chairperson referred the resolution to the General Government
Committee. There were no objections.
MISCELLANEOUS RESOLUTION 99263
BY: Commissioner Nancy Dingeldey, District #11
IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE CITY
OF WIXOM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners established an
Environmental Infrastructure Fund and Disbursement Policy per Miscellaneous
Resolution #99093 in an effort to increase the share of dollars flowing into
environmental infrastructure projects for the County and its cities, villages and
townships (CVT=s); and
WHEREAS pursuant to the Disbursement Policy, the City of Wixom has
submitted a resolution of authorization to the County for reimbursement of
expenses incurred in connection with an eligible environment remediation or
improvement project; and
Commissioners Minutes Continued. September 23, 1999
464
WHEREAS the City is requesting reimbursement for a Storm Water Management
Education Program as well as the rehabilitation of various sanitary manholes to
eliminate infiltration/intrusion within the city system; and
WHEREAS the current authorized amount of funding for the City of Wixom
equals $55,848.88; and
WHEREAS if the Board of Commissioners approves this resolution, the City of
Wixom may request release of future years= allocations, as funding becomes
available, or at it=s option, submit a different project for Board consideration.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approve the Storm Water Management Education Program and the rehabilitation of
various sanitary manhole submitted by the City of Wixom, as eligible for
reimbursement of funds from the Environmental Infrastructure Fund Program.
BE IT FURTHER RESOLVED that the Board authorizes the release of funds in
the amount of $55,848.88 from the Environmental Infrastructure Fund as repayment
to the City of Wixom for expenses incurred in connection with environmental
remediation or improvement projects.
Chairperson, I move the adoption of the foregoing resolution.
Nancy Dingeldey,
Commissioner, District #11
Copy of attachments on file in County Clerk=s office.
The Chairperson referred the resolution to the Finance Committee. There
were no objections.
The Chairperson reminded the Board of a Public Hearing on the Tentative
Amended 9-1-1 Service Plan scheduled for 7:30 P.M. on October 5, 1999 in the
Board of Commissioners= Auditorium.
In accordance with Rule XXII "G", the Chairperson made the following
referrals:
FINANCE COMMITTEE
a. Greg Givens - Juvenile Accountability Incentive Block Grant
GENERAL GOVERNMENT COMMITTEE
a. Greg Givens - Juvenile Accountability Incentive Block Grant
b. Tuscola County Board of Commissioners - Personal Property Tax
Revenues
PLANNING AND BUILDING COMMITTEE
a. Township of Orion - 9/16/99 Public Hearing Regarding the
Oakland County Solid Waste Plan
PUBLIC SERVICES COMMITTEE
a. Greg Givens - Juvenile Accountability Incentive Block Grant
There were no objections to the referrals.
The Board adjourned at 11:25 A.M. to the call of the Chair or
October 28, 1999 at 9:30 A.M.
G. WILLIAM CADDELL JOHN P. McCULLOCH
Clerk Chairperson