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HomeMy WebLinkAboutMinutes - 2019.11.20 - 32602685 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES November 20, 2019 Meeting called to order by Chairperson David Woodward at 7:24 p.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Gershenson, Gingell, Hoffman, Jackson, Kowall, Kuhn, Long, Luebs, Markham, McGillivray, Middleton, Miller, Nelson, Powell, Quarles, Weipert, Woodward, Zack. (18) EXCUSED ABSENCE WITH NOTICE: Kochenderfer, Spisz, Taub. (3) Quorum present. Invocation given by Philip Weipert. Moved by McGillivray seconded by Long the minutes of the November 7, 2019 Board Meeting be approved. A sufficient majority having voted in favor, the minutes were approved as printed. Moved by McGillivray seconded by Gingell the agenda be amended as follows: ITEMS NOT ON BOARD AGENDA ECONOMIC GROWTH AND INFRASTRUCTURE COMMITTEE a. Information Technology – Fourth Quarter 2019 Development Appropriation Transfer (Reason for Suspension – Waiver of Rule III: Resolution was taken up by the Economic Growth and Infrastructure Committee immediately prior to today’s meeting). Move Legislative Affairs and Government Operations item a. entitled: Board of Commissioners – Adoption of Non-Discrimination Policy for Oakland County from the Consent Agenda to the Regular Agenda. Move Legislative Affairs and Government Operations item b. entitled: Board of Commissioners – Election Day in November as an Official County Holiday for Oakland County Employees from the Consent Agenda to the Regular Agenda. Move Legislative Affairs and Government Operations item c. entitled: Board of Commissioners – Change to Merit System Rule 26, Legal Holidays from the Consent Agenda to the Regular Agenda. Move Legislative Affairs and Government Operations item f. entitled: Board of Commissioners – Fiscal Years 2019, 2020 and 2021 Collective Bargaining Agreement for Employees Represented by the Oakland County Employees Union Affiliated with International Brotherhood of Electrical Workers Local 58, AFL-CIO (OCEU) from the Consent Agenda to the Regular Agenda. Amend the Miscellaneous Resolution Number in the title of Legislative Affairs and Government Operations item g. entitled: MR #16369 - Board of Commissioners – Authorizing Commissioners Minutes Continued. November 20, 2019 686 Oakland County Art Institute Authority Millage Question to be Placed on March 20, 2020 Election Ballot, to MR #19369. Vote on the agenda, as amended: AYES: Gingell, Hoffman, Jackson, Kowall, Kuhn, Long, Luebs, Markham, McGillivray, Middleton, Miller, Nelson, Powell, Quarles, Weipert, Woodward, Zack, Gershenson. (18) NAYS: None. (0) A sufficient majority having voted in favor, the agenda, as amended, was approved. Commissioner Woodward addressed the Board to introduce Vice Chairperson Marcia Gershenson. Vice Chairperson Marcia Gershenson addressed the Board to give a presentation on the “I Voted!” sticker contest and thanked the judges, Lisa Brown, Oakland County Clerk/Register of Deeds and Wanda Cook- Robinson, Superintendent, Oakland Schools. Vice Chairperson Marcia Gershenson addressed the Board to introduce Dr. Michael Yocum, Assistant Superintendent of Educational Services, Oakland Schools. Dr. Michael Yocum, Assistant Superintendent of Educational Services, Oakland Schools addressed the Board to discuss the “I Voted!” sticker contest, thanked the Commissioners and Oakland County Staff and congratulate the winners on their hard work. Vice Chairperson Marcia Gershenson and Chairperson David Woodward introduced Heidi Kassab, President/CEO, Cornerstone Community Financial Credit Union. Heidi Kassab, President/CEO, Cornerstone Community Financial Credit Union addressed the Board to congratulate the winners of the “I Voted!” sticker contest and announce that Cornerstone Community Financial will awarded the two first place winners $1,000.00 scholarships and their teachers will receive $500.00 for their classrooms. Vice Chairperson Marcia Gershenson addressed the Board to announce the top 10 honorable mentions that were selected by the judges and awarded them with gift bags from the Board of Commissioners: Karina Morfin-Munoz, Morgan McKimmy, Valeria Jurado, Mariah Cobb, Ava Tarach, Isabella Brown, Lily Fillarme, Samantha Hollatz, Meghan Banes and Sami Saigh. Lisa Brown, Oakland County Clerk/Register of Deeds addressed the Board regarding the judging process. Vice Chairperson Marcia Gershenson addressed the Board to introduce Penelope Blanchard and Charlisa Penzak, the two first place winners of the “I Voted!” sticker contest. Penelope Blanchard and Charlisa Penzak addressed the Board regarding the “I Voted!” sticker contest. Vice Chairperson Marcia Gershenson addressed the Board to thank everyone involved in the “I Voted!” sticker contest, and as a “point of privilege” recognized Joe Rozell, Director, Oakland County Elections, Barbara Winter, Senior Board of Commissioners Analyst, Haley Hansen, Senior Board of Commissioners Community Liaison and Stacie Woodward for their work on the contest. Chairperson David Woodward addressed the Board to introduce Ora Hirsch Pescovitz, M.D., President, Oakland University. Ora Hirsch Pescovitz, M.D., President, Oakland University addressed the Board to give a presentation entitled: “Aspire Advance Achieve”. Discussion followed. Commissioners Minutes Continued. November 20, 2019 687 The following people addressed the Board during Public Comment: Ann Peterson, Crystal Watkins and Lisa Brown, Oakland County Clerk/Register of Deeds. Moved by McGillivray seconded by Gingell the resolutions on the amended Consent Agenda be adopted (with accompanying reports being accepted). The vote for this motion appears on page 699. The resolutions on this Consent Agenda follow (annotated by an asterisk {*}): *MISCELLANEOUS RESOLUTION #19370 BY: Commissioner William Miller, Chairperson, Economic Growth & Infrastructure Committee IN RE: INFORMATION TECHNOLOGY – FOURTH QUARTER 2019 DEVELOPMENT APPROPRIATION TRANSFER To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS all development cost is incorporated as a single appropriation within the Non-Departmental budget and then an amount equal to the actual expense is transferred to the user department with a summary report to the Finance Committee; and WHEREAS the Department of Information Technology has determined the Fourth Quarter 2019 development charges to be $1,010,125.04 for the General Fund/General Purpose County departments; and WHEREAS direct charges to Special Revenue and Proprietary fund departments are $989,817.75 and non- county agencies are $11,150.75 for the Fourth Quarter 2019; and WHEREAS an appropriation transfer to General Fund/General Purpose County departments is needed to fund these development charges. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners has reviewed the Fourth Quarter 2019 Development Report and approves the Fourth Quarter appropriation transfer as specified on the attached schedule. BE IT FURTHER RESOLVED that the respective departmental Fiscal Year 2019 budgets are to be amended as specified in the attached detail schedule. Chairperson, on behalf of the Economic Growth & Infrastructure Committee, I move the adoption of the foregoing resolution. WILLIAM MILLER Copy of Information Technology - Development Summary – Fourth Quarter 2019, Information Technology – Reserve Fund Development/Support Detail – Fourth Quarter 2019 and Information Technology 2019/2020 Master Plan Quarterly Status Executive Summary on file in County Clerk’s office. (The vote for this motion appears on page 699). *REPORT (MISC. #19368) BY: Nancy Quarles, Chairperson, Legislative Affairs and Government Operations Committee IN RE: BOARD OF COMMISSIONERS - SUPPORT FOR THE REINSTATEMENT OF FUNDING IN THE STATE BUDGET FOR THE GOING PRO TALENT FUND UNDER THE DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Legislative Affairs and Government Operations Committee, having reviewed the above-referenced resolution on November 12, 2019, reports with the recommendation that the resolution be adopted. Chairperson, on behalf of the Legislative Affairs and Government Operations Committee, I move acceptance of the foregoing report. NANCY QUARLES MISCELLANEOUS RESOLUTION #19368 BY: Commissioner William Miller, District #14 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR THE REINSTATMENT OF FUNDING IN THE STATE BUDGET FOR THE GOING PRO TALENT FUND UNDER THE DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY Commissioners Minutes Continued. November 20, 2019 688 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Going PRO Talent Fund has been a strong and consistent force in developing Southeast Michigan’s skilled and educated workforce; and WHEREAS Michigan’s focus on human capital ensures local communities’ viability and stability and has been critical in attracting and retaining domestic and international companies; and WHEREAS these funds allow businesses to provide valuable training to new and existing employees in advanced manufacturing, software programming, construction trades and robotic operations; and WHEREAS the Going PRO Talent Funds are utilized for classroom training, reimbursement for onsite training and U.S. Department of Labor registered apprenticeships that lead to in-demand jobs in Michigan’s high-growth industries; and WHEREAS a result of the investment the state of Michigan made in the Going PRO Talent Fund, Michigan workers realized an average salary increase of nearly $6,000 and has helped existing employees obtain needed credentials for advancement; and WHEREAS according to State of Michigan estimates, 22,000 Michigan workers will be denied critical training and potential salary gains if the funding is not restored; and WHEREAS since the Going PRO Talent Fund inception, the state has helped position many communities, including those in Oakland County, and employers with much-needed workforce development opportunities. Oakland County employers have been awarded $7.5 million, resulting in the hiring of 2,253 new employees and training of 6,345 existing workers. Since 2017, Oakland County employers added 114 apprenticeships; and WHEREAS the Oakland County’s Workforce Development Division/Oakland County Michigan Works! Agency has served as a statewide leader in the Going PRO Talent Fund by supporting Oakland County businesses and their employees; and WHEREAS the Oakland County Board of Commissioners is committed to safeguarding opportunities for its citizens, the Going PRO Talent Fund is an example of an innovative government program with proven results. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners calls upon the Governor, Speaker of the House and Senate Majority Leader to renew efforts to ensure the continuation of the Going PRO Talent Fund. BE IT FURTHER RESOLVED the Oakland County Board of Commissioners appeals to the Governor’s Office and the Michigan Legislature to reinstate funding for Going PRO Talent Fund in the Fiscal Year 2020 Michigan Department of Labor and Economic Opportunity budget. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to the Governor of the State of Michigan, the Lt. Governor of the State of Michigan, State Senate Majority and Minority Leaders, the State House Speaker and Minority Leader, members of the Oakland County delegation to the Michigan Legislature, Michigan Association of Counties, and the Board of Commissioner’s Legislative Lobbyist. Chairperson, I move the adoption of the foregoing resolution. WILLIAM MILLER (The vote for this motion appears on page 699). *MISCELLANEOUS RESOLUTION #19371 BY: Commissioner Nancy L. Quarles, Chairperson, Legislative Affairs and Government Operations Committee IN RE: CLERK/REGISTER OF DEEDS – 2020 SURVEY AND REMONUMENTATION GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS this is an ongoing grant, and the twenty-seventh year of funding by the State of Michigan, Department of Licensing and Regulatory Affairs; and WHEREAS the grant award is $354,192 for current program costs; and WHEREAS the grant will provide partial reimbursement for one (1) existing General Fund/General Purpose (GF/GP) Full-Time Eligible (FTE) Plat & Boundary Review Specialist position (#2010401-09329) that is in charge of the monitoring and administrative matters of the program; and Commissioners Minutes Continued. November 20, 2019 689 WHEREAS no additional personnel or local match is required; and WHEREAS approximately 4,566 corners have been remonumented and approved by the Peer Review process and 74 corners are currently being remonumented through the Remonumentation Program; and WHEREAS the grant agreement has completed the Grant Review Process and in compliance with Miscellaneous Resolution #19006. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the 2020 Survey and Remonumentation Grant for the period of January 1, 2020 through December 31, 2020 in the amount of $354,192. BE IT FURTHER RESOLVED that one (1) GF/GP FTE Plat & Boundary Review Specialist position (#2010401-09329) will be partially reimbursed by the Remonumentation program effective January 1, 2020 through December 31, 2020. BE IT FURTHER RESOLVED that with acceptance of the grant, the Oakland County Board of Commissioners hereby appoints the County Clerk/Register of Deeds, Lisa Brown as the Grant Administrator as required by the State. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the contract agreement and that the chairperson may approve amendments and extensions within fifteen (15%) percent of the original award, consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment and continuation of this program is contingent upon future levels of grant funding. BE IT FURTHER RESOLVED a FY 2020 budget amendment is recommended for the Special Revenue Fund to reflect the new grant award as follows: FY 2020 FY 2020 CLERK SURVEY REMONUMENTATION FUND (#29220) Adopted Amended GR0000000345 Bud Ref: 2020 Analysis: GLB Activity: GLB Budget Amendment Budget Revenue 2010401-172180-615572 State Operating Grants $346,107 $ 8,085 $ 354,192 Total Revenues $346,107 $ 8,085 $ 354,192 Expenditures 2010401-172180-702010 Salaries $ 11,607 $ (10,215) $ 1,392 2010401-172180-730373 Contracted Services 36,000 0 36,000 2010401-172180-730709 Fees- Per Diem 10,800 0 10,800 2010401-172180-731458 Professional Services 287,700 18,300 306,000 Total Expenditures $346,107 $ 8,085 $ 354,192 Chairperson, on behalf of the Legislative Affairs and Government Operations Committee, I move adoption of the foregoing resolution. NANCY QUARLES Copy of Grant Review Sign-Off – Register of Deeds – 2020 Survey and Remonumentation Grant, Grant Between the State of Michigan Department of Licensing and Regulatory Affairs and Oakland County and Oakland County 2020 Remonumentation Grant Acceptance Incorporated by Reference. Original on file in County Clerk’s office. (The vote for this motion appears on page 699). *MISCELLANEOUS RESOLUTION #19372 BY: Commissioner Gary McGillivray, Chairperson, Public Safety and Social Justice Committee IN RE: HEALTH AND HUMAN SERVICES - HOMELAND SECURITY DIVISION - MEMORANDUM OF AGREEMENT (MOA) WITH THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) INTEGRATED PUBLIC ALERT AND WARNING SYSTEM (IPAWS) PROGRAM MANAGEMENT OFFICE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Homeland Security Division (OCHSD) has taken several actions to plan and prepare for an emergency; and Commissioners Minutes Continued. November 20, 2019 690 WHEREAS during an emergency or threat to the County of Oakland, the OCHSD will need to alert the public; and WHEREAS this system would allow the County of Oakland to distribute emergency messages to alert the public following the guidelines and protocols outlined in the agreement; and WHEREAS forming agreements prior to an emergency ensures timely and collaborative response efforts; and WHEREAS this Memorandum of Agreement establishes a management agreement between the FEMA IPAWS division and the OCHSD regarding the utilization and security of the County of Oakland Interoperable System, which interoperate with the IPAWS Open Platform for Emergency Networks (IPAWS- OPEN); and WHEREAS this agreement will remain in effect based on the life of the Authority to Operate (ATO) for IPAWS-OPEN or a maximum of three (3) years after the latest signature on the agreement; and WHEREAS the FEMA IPAWS division is responsible for all costs associated with developing, operating and maintaining the availability of the IPAWS-OPEN system; and WHEREAS the OCHSD is responsible for all costs associated with providing its personnel with access to IPAWS-OPEN via the public internet, which may include hardware, software, monthly Internet charges, completion of security awareness training and other related jurisdictional costs; and WHEREAS FEMA revised the Memorandum of Understanding after it was approved by the Oakland County Board of Commissioners in April of 2019 to include additional technical and training requirements; and WHEREAS this Memorandum of Agreement has been reviewed and approved by Oakland County Corporation Counsel. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the Memorandum of Agreement between the FEMA IPAWS division and the OCHSD. BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners is authorized to sign the Memorandum of Agreement. BE IT FURTHER RESOLVED no budget amendment is required as the existing OCHSD budget already includes the necessary operating expenditures related to this Memorandum of Agreement. Chairperson, on behalf of the Public Safety and Social Justice Committee, I move the adoption of the foregoing resolution. GARY MCGILLIVRAY Copy of Memorandum of Agreement between the County of Oakland and the Federal Emergency Management Agency Integrated Public Alert and Warning System (IPAWS) Program Management Office, Appendix A – Listing of Interoperable Systems, Appendix B – COG Point of Contact Information, FEMA: Integrated Public Alert and Warning System Open Platform for Emergency Networks (IPAWS-OPEN), Appendix C – IPAWS-OPEN Rules of Behavior and Memorandum of Agreement between the County of Oakland and the Federal Emergency Management Agency Integrated Public Alert and Warning System (IPAWS) Program Management Office, Appendix A – Listing of Interoperable Systems, Appendix B – COG Point of Contact Information, FEMA: Integrated Public Alert and Warning System Open Platform for Emergency Networks (IPAWS-OPEN) and Appendix C – IPAWS-OPEN Rules of Behavior Incorporated by Reference. Original on file in County Clerk’s office. (The vote for this motion appears on page 699). *MISCELLANEOUS RESOLUTION #19373 BY: Commissioner Gary McGillivray, Chairperson, Public Safety and Social Justice Committee IN RE: HEALTH AND HUMAN SERVICES - HOMELAND SECURITY DIVISION – 2018 HOMELAND SECURITY GRANT PROGRAM INTERLOCAL AGREEMENT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS funding was released from the United States Department of Homeland Security, Federal Emergency Management Agency (FEMA) to the State of Michigan for the 2018 Homeland Security Grant Program (HSGP); and WHEREAS the State of Michigan has awarded a 2018 Homeland Security Grant to Region 2 which includes, but is not limited to, the City of Detroit and the counties of Macomb, Monroe, Oakland, St. Clair, Washtenaw, and Wayne; and Commissioners Minutes Continued. November 20, 2019 691 WHEREAS the Michigan Homeland Protection Board created Regional Homeland Security Planning Boards throughout the State to identify and prioritize how the grant funds will be used; and WHEREAS the Regional Homeland Security Planning Board for Region 2, Urban Area Security Initiative (UASI) Board, is comprised of the representatives from the above-listed political subdivisions; and WHEREAS Macomb County was voted and approved to act as the Fiduciary Agent and Subgrantee for the Region 2 Homeland Security Planning Board for the fiscal year (FY) 2018 HSGP; and WHEREAS Macomb County has entered into a grant agreement with the State of Michigan as the subgrantee; and WHEREAS in the previous FY, Oakland County was awarded $48,426 from the State Homeland Security Grant Program (SHSGP), $535,493 from the UASI and $133,846 for regional projects for a total award of $717,765; and WHEREAS in the current FY, Oakland County is awarded $46,081 from the SHSGP, $506,422 from the UASI and $130,000 for regional projects for a total award of $682,503, a decrease of $35,262 from the previous FY; and WHEREAS the regional funding will continue two (2) Special Revenue (SR) funded full time eligible (FTE) Homeland Security – Regional SAP positions within Homeland Security Administration (#1060601–10296 and 10520) and one (1) SR funded FTE Intelligence Analyst position within the Sheriff’s Office Emergency Response and Preparedness Administration Unit (#4030501-11083); and WHEREAS the Oakland County Corporation Counsel has reviewed and approved the attached Memorandum of Understanding (MOU) – Transfer/Acceptance of Equipment for all purchased equipment by Oakland County to be used for the 2018 HSGP; and WHEREAS the MOU will be signed every time a piece of equipment is given to an Oakland County special response team or community to use under the scope and intent of the grant; and WHEREAS Corporation Counsel has reviewed and approved the Terms of 2018 HSGP Funding document for all training, conferences or related expenses; and WHEREAS the Terms of 2018 HSGP Funding will be signed by a special response team or community once a year for all training, conference or related expenses funded by the grant; and WHEREAS the MOU – Transfer of Equipment and the Terms of 2018 HSGP Funding documents will be kept on file with the required grant reimbursement paperwork within the Homeland Security Division; and WHEREAS Corporation Counsel has reviewed and approved the Interlocal Grant Agreement; and WHEREAS the grant agreement has completed the Grant Review Process in accordance with the Board of Commissioners Grant Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached Interlocal Grant Agreement along with funding totaling $682,503 and authorizes its Chairperson to execute the Agreement and all other related documents between Macomb County and Oakland County. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the Interlocal Agreement and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment and continuation of the special revenue positions in the grant is contingent upon future levels of grant funding. BE IT FURTHER RESOLVED to continue two (2) SR funded FTE Homeland Security – Regional SAP positions within the Homeland Security division (#1060601-10296 and 10520) and one (1) SR funded FTE Intelligence Analyst position within the Sheriff’s Office Emergency Response and Preparedness Administration division (#4060501-11083). BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves the attached Memorandum of Understanding – Transfer/Acceptance of Equipment for all purchased equipment by Oakland County to be used for the 2018 HSGP. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves the attached Terms of 2018 Homeland Security Grant Program Funding for all training, conferences or related expenses for the special response teams or communities. BE IT FURTHER RESOLVED that the Manager or Chief of the Homeland Security Division are authorized to approve each Memorandum of Understanding and Terms of 2018 Homeland Security Grant Program Funding issued to a community or special response team. BE IT FURTHER RESOLVED that the FY 2020-2022 Special Revenue Budget is amended as follows to reflect the 2018 Homeland Security Grant Program and Region 2 award. Commissioners Minutes Continued. November 20, 2019 692 DOMESTIC PREPAREDNESS EQUIPMENT FUND (#29340) Budget Reference 2017 / GR0000000821 Activity: GLB Analysis: GLB FY 2020 – FY 2022 Revenue 1060601-115125-610313 Federal Operating Grants ( 619,765) 4030501-110110-610313 Federal Operating Grants ( 98,000) Total Revenue ($ 717,765) Expenditures 1060601-115125-702010 Salaries ( 100,116) 1060601-115125-722740 Fringe Benefits ( 72,205) 1060601-115125-750567 Training-Educational Supplies ( 100,000) 1060601-115125-760126 Capital Outlay Miscellaneous ( 342,444) 1060601-115125-774636 Info Tech Operations ( 5,000) 4030501-110110-702010 Salaries ( 59,273) 4030501-110110-722740 Fringe Benefits ( 23,727) 4030501-110110-731346 Personal Mileage ( 3,000) 4030501-110110-732018 Travel and Conference ( 12,000) Total Expenditures ($ 717,765) DOMESTIC PREPAREDNESS EQUIPMENT FUND (#29340) Budget Reference 2018 / GR0000000912 Activity: GLB Analysis: GLB FY 2020 – FY 2022 Revenue 1060601-115125-610313 Federal Operating Grants 552,503 1060601-115127-610313 Federal Operating Grants 40,000 4030501-110110-610313 Federal Operating Grants 90,000 Total Revenue $ 682,503 Expenditures 1060601-115125-702010 Salaries 114,812 1060601-115125-722740 Fringe Benefits 77,122 1060601-115125-774636 Info Tech Operations 5,600 1060601-115125-750567 Training-Educational Supplies 28,000 1060601-115125-760126 Capital Outlay Miscellaneous 351,918 4030501-110110-702010 Salaries 63,108 4030501-110110-722740 Fringe Benefits 26,943 4030501-110110-731346 Personal Mileage 3,000 4030501-110110-732018 Travel and Conference 12,000 Total Expenditures $ 682,503 Chairperson, on behalf of the Public Safety and Social Justice Committee, I move the adoption of the foregoing resolution. GARY MCGILLIVRAY Copy of Grant Review Sign-Off – Health and Human Services/Homeland Security – 2018 Homeland Security Grant Program (HSGP) Interlocal Agreement, 2018 Homeland Security Grant Program Interlocal Funding Agreement Between Macomb County and Oakland County, Exhibit A – Grant Agreement, Exhibit B – Michigan State Police Emergency Management and Homeland Security Division – Grant Agreement, Correspondence from Capt. Emmitt McGowan, Commander, Deputy State Director, Emergency Management and Homeland Security Division, State of Michigan Fiscal Year 2018 Homeland Security Grant Program Grant Agreement, Standard Assurances, Certifications Regarding Lobbying; Debarment, Suspension and other Responsibility Matters; and Drug-Free Workplace Requirements, Audit Certification, W-9 – Request for Taxpayer Identification Number and Certification, Agreement Articles Applicable to Subrecipients Fiscal Year 2018 Homeland Security Grant Program, Correspondence from Michael Curtis, Homeland Security Grant Manager, Terms of 2018 Homeland Security Grant Program (HSGP) Funding and Oakland County Homeland Security Division Memorandum of Understanding – Transfer/Acceptance of Equipment Incorporated by Reference. Original on file in County Clerk’s office. Commissioners Minutes Continued. November 20, 2019 693 (The vote for this motion appears on page 699). *MISCELLANEOUS RESOLUTION #19374 BY: Commissioner Gary McGillivray, Chairperson, Public Safety and Social Justice Committee IN RE: SHERIFF’S OFFICE, PROSECUTING ATTORNEY – FISCAL YEAR 2020 OAKLAND COUNTY NARCOTICS ENFORCEMENT TEAM (NET) BYRNE GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan State Police has awarded the Sheriff and Prosecuting Attorney grant funding for the FY 2020 Narcotics Enforcement Team (NET) Byrne Grant Program for the period October 1, 2019 through September 30, 2020; and WHEREAS the grant application requested $455,918 in funding, which resulted in a grant award of $201,000; and WHEREAS there is no grant match required in FY 2020; however, Oakland County has maintained the same level of grant match funding after the state removed the match requirement in FY 2016; and WHEREAS last year General Fund /General Purpose (GF/GP) Non-Departmental Grant Match contributed $134,000 and the Sheriff’s Office is requesting the same contribution for FY 2020; and WHEREAS the total NET Byrne program budget is $455,918 and a breakdown of the funding sources are as follows: Grant funding $201,000; General Fund/General Purpose (GF/GP) Non-Departmental Grant Match $134,000; Sheriff’s Restricted Law Enforcement Enhancement Department of Justice (DOJ) Fund (#21342) $120,918: and WHEREAS the grant award provides partial funding of salary for one (1) special revenue (SR) full-time eligible (FTE) Assistant Prosecutor position (#4010201-07207) in the Prosecuting Attorney’s Office; and WHEREAS the grant award provides partial funding of salary for two (2) SR FTE Sergeant positions (#4030920-09829 and #4030920-09830), and one (1) SR part-time non-eligible (PTNE) 1,000 hours per year Office Assistant II position (#4030920-10931) in the Sheriff’s Office; and WHEREAS this grant award has completed the Grant Review Process in compliance with Miscellaneous Resolution #19006. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Oakland County NET Byrne Grant award for the period October 1, 2019 through September 30, 2020 in the amount of $201,000. BE IT FURTHER RESOLVED that $134,000 grant match be transferred from Oakland County’s General Fund/General Purpose Grant Match account. BE IT FURTHER RESOLVED that $120,918 be transferred from the Sheriff’s Restricted Law Enforcement Enhancement DOJ Fund (#21342). BE IT FURTHER RESOLVED to continue one (1) SR FTE Assistant Prosecutor position (#4010201-07207) in the Prosecuting Attorney’s Office. BE IT FURTHER RESOLVED to continue two (2) SR FTE Sergeant positions (#4030920-09829 and #4030920-09830), and one (1) SR PTNE 1,000 hour per year Office Assistant II position (#4030920-10931) in the Sheriff’s Office/Investigative & Forensic Services/Narcotics Enforcement Team (NET) Unit. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant award and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original agreement as approved. BE IT FURTHER RESOLVED that continuation of this program, including positions, is contingent upon continued grant, General Fund, and Restricted Revenue Account funding. BE IT FURTHER RESOLVED that the FY 2020 budget is amended as follows: GENERAL FUND (#10100) FY 2020 Expenditures 9090101-196030-730800 Grant Match ($134,000) 4010101-122080-788001-27320 Transfers Out 67,000 4030901-110090-788001-27320 Transfers Out 67,000 Total Expenditures $ 0 Commissioners Minutes Continued. November 20, 2019 694 LAW ENFORCEMENT ENHANCE DOJ FUND (#21342) FY 2020 Revenue 4030901-110090-665882 Planned Use of Balance ($14,527) Total Revenue ($14,527) Expenditures 4030901-110090-788001-27320 Transfers Out ($14,527) Total Expenditures ($14,527) DRUG POLICY GRANT (#27320) GR #0000000760 Bud Ref 2020 Activity: GLB Analysis: GLB Revenue 4030901-110090-695500-21342 Transfers In ($14,527) Total Revenue ($14,527) Expenditures 4030901-110090-702010 Salaries $ 3,826 4030901-110090-722740 Fringe Benefits 3,458 4010201-122080-702010 Salaries (14,588) 4010201-122080-722740 Fringe Benefits (7,223) Total Expenditures ($14,527) Chairperson, on behalf of the Public Safety and Social Justice Committee, I move the adoption of the foregoing resolution. GARY MCGILLIVRAY Copy of Grant Review Sign-Off – Sheriff’s Office – FY 2020 Narcotics Enforcement Team (NET) Grant, Correspondence from Nancy Becker Bennett, Division Director, Grants and Community Services Division, Correspondence from Brian Peacock, Grant Advisor, Byrne JAG Unit, BYRNE Justice Assistance Grant (JAG) Contract - Grant Agreement Between the Michigan State Police and County of Oakland, Attachment 1 - Grant Summary, Attachment 2 - Statement of Work, Attachment 2-A - Project Timeline, Attachment 3- A - Michigan State Police Grants Management Division Program Budget Summary, Attachment 3-B - Michigan State Police Grants Management Division Program Budget – Cost Detail Schedule, Attachment 4 - Performance/Progress/PMT Report Requirements, Attachment 5 - Michigan State Police Grants Management Division Financial Status Report, Attachment 6 - BYRNE Justice Assistance (BYRNE JAG) Grant Residential Substance Abuse Treatment (RSAT) Grant Employee Time Certification, Attachment 7 - Correspondence from Nancy Becker Bennett, Director, Grants and Community Services Division (GCSD), Attachment 8 - Federal Civil Rights Compliance Checklist, U.S. Department of Justice Office of Justice Programs, U.S. Department of Justice Office of Justice Programs – State or Local Government: FY 2018 Certification Relating to 8 U.S.C. 1226(a) and (c), 1231(a) 1324(a), 1357(a), and 1366(1) and (3), and U.S. Department of Justice Office of Justice Programs – State or Local Government: FY 2018 Certification of Compliance with 8 U.S.C. 1373 and 1644 Incorporated by Reference. Original on file in County Clerk’s office. (The vote for this motion appears on page 699). *MISCELLANEOUS RESOLUTION #19375 BY: Commissioner Gary McGillivray, Chairperson, Public Safety and Social Justice Committee IN RE: SHERIFF'S OFFICE – 2019 LAW ENFORCEMENT DISTRIBUTION PROGRAM AMENDMENT OVER 15% To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Sheriff’s Office has received the second of two disbursements in the amount of $53,133.30 from the Michigan Department of Treasury, Michigan Justice Training Fund for January 1, 2019 through December 31, 2020; and WHEREAS the first disbursement in the amount of $47,015.10 was approved by MR #19245; and Commissioners Minutes Continued. November 20, 2019 695 WHEREAS the total amount received for the 2019 annual distribution is $100,148.40 and must be spent within two calendar years; and WHEREAS the funds are used for criminal justice in-service training of eligible law enforcement officer training costs; and WHEREAS this amendment has completed the Grant Review Process in accordance with Miscellaneous Resolution #19006. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the second disbursement for the 2019 Law Enforcement Distribution Program from the Michigan Department of Treasury, Michigan Justice Training Fund, in the amount of $53,133.30 with no county match required for January 1, 2019 through December 31, 2020. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant agreement and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original award as approved. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment and continuation of the grant program is contingent upon future levels of grant funding. BE IT FURTHER RESOLVED that a budget amendment is not required. Chairperson, on behalf of the Public Safety and Social Justice Committee, I move the adoption of the foregoing resolution. GARY MCGILLIVRAY Copy of Grant Review Sign-Off – Sheriff’s Office – 2019 Law Enforcement Distribution Registration, Michigan Commission on Law Enforcement Standards MCOLES Information and Tracking Network Semi- Annual Law Enforcement Distribution Report, Michigan Commission on Law Enforcement Standards MCOLES Information and Tracking Network Law Enforcement Distribution Summary, Michigan Commission on Law Enforcement Standards 2019 Law Enforcement Distribution Guidelines, Law Enforcement Distribution Travel Regulations, Michigan Commission on Law Enforcement Standards Law Enforcement Distribution and Appendix A - Definitions Incorporated by Reference. Original on file in County Clerk’s office. (The vote for this motion appears on page 699). *MISCELLANEOUS RESOLUTION #19376 BY: Commissioner Gary McGillivray, Chairperson, Public Safety and Social Justice Committee IN RE: SHERIFF’S OFFICE - FY 2020 TECHNOLOGY ENHANCEMENT GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Sheriff’s Office applied for and has been awarded Fiscal Year (FY) 2020 Technology Enhancement Program grant funding in the amount of $226,000 from the Michigan State Police; and WHEREAS the grant period is October 1, 2019 through September 30, 2020; and WHEREAS funding will be used to replace seven (7) outdated Livescan fingerprint devices, add five (5) new mugshot capture stations and two (2) new Livescan printers; and WHEREAS the equipment will be located at the following locations: Commerce Township Substation, Independence Township Substation, Orion Township Substation, City of Rochester Hills Substation, Main Jail and the Records Bureau; and WHEREAS the older model Windows 7 Livescan devices need to be replaced with new Windows 10 Livescan devices prior to January 2021 due to Microsoft discontinuing all support and updates, including security updates for the Windows 7 devices; and WHEREAS adding the new mugshot capture stations at the Records Bureau and four (4) substations should substantially increase the number of mugshots included in the database; and WHEREAS databases including both photo and fingerprint records are critical in identifying and finding criminal suspects; and WHEREAS no county match is required; and WHEREAS the on-going equipment maintenance is $49,288 for FY 2021 - FY 2022 and prorated at $36,966 for FY 2020; and WHEREAS of the $36,966 prorated amount for FY 2020, $15,000 will be reappropriated from the Contingency budget to the Info Tech CLEMIS line item within the Sheriff’s budget; and Commissioners Minutes Continued. November 20, 2019 696 WHEREAS of the $49,288 for FY 2021-2022, $20,000 will be reappropriated from the Contingency budet to the Info Tech CLEMIS line item within the Sheriff’s budget; and WHEREAS this grant award has completed the Grant Review Process and is in compliance with Miscellaneous Resolution #19006. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the FY 2020 Technology Enhancement Program Grant in the amount of $226,000, for the period October 1, 2019 through September 30, 2020. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant award and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the county to any future commitment and continuation of this program is contingent upon continued future levels of grant funding. BE IT FURTHER RESOLVED that the FY 2020 budget is amended as follows: BYRNE JAG STATE (#27328) GR #0000000911 Bud Ref 2020 Activity: GLB Analysis: GLB FY 2020 FY 2021–FY 2022 Revenue 4030601-110000-610313 Federal Operating Grants $226,000 $ 0 Total Revenue $226,000 $ 0 Expenditures 4030601-110000-788001-53500 Transfers Out $226,000 $ 0 Total Expenditures $226,000 $ 0 CLEMIS FUND (#53500) Revenue 1080301-116020-631372 OC Depts Operations $ 15,000 $20,000 1080301-116020-665882 Planned Use of Balance ($15,000) ($20,000) 1080305-116020-695500-10100 Transfers In 226,000 0 Total Revenue $226,000 $ 0 Expenses 1080305-116140-750170 Other Expendable Equipment $138,400 $ 0 1080305-116150-750170 Other Expendable Equipment 87,600 0 Total Expenses $226,000 $ 0 GENERAL FUND (#10100) FY 2020 FY 2021-2022 Expenditures 9090101-196030-740072 Contingency ($15,000) ($20,000) 4030601-110000-773535 Info Tech CLEMIS 15,000 20,000 Total Expenditures $ 0 $ 0 Chairperson, on behalf of the Public Safety and Social Justice Committee, I move the adoption of the foregoing resolution. GARY MCGILLIVRAY Copy of Grant Review Sign-Off – Sheriff’s Office – FY 2020 Technology Enhancement Grant, Correspondence from Nancy Becker Bennett, Division Director, Grants and Community Services Division, Correspondence from Brian Peacock, Grant Advisor, Byrne JAG Unit, Byrne Justice Assistance Grant (JAG) Contract – Grant Agreement Between Michigan State Police and County of Oakland, Attachment 3- A - Michigan State Police Grants Management Division Program Budget Summary, Attachment 3-B - Michigan State Police Grants Management Division Program Budget – Cost Detail Schedule, Attachment 4 - Performance/Progress/PMT Report Requirements, Attachment 5 - Michigan State Police Grants Management Division Financial Status Report, Attachment 6 - Byrne Justice Assistance (Byrne JAG) Grant Residential Substance Abuse Treatment (RSAT) Grant Employee Time Certification, Attachment 7 – Correspondence from Nancy Becker Bennett, Director, Grants and Community Services Division (GCSD), Attachment 8 – Federal Civil Rights Compliance Checklist, U.S. Department of Justice Office of Justice Programs – State or Local Government: FY 2018 Certification relating to 8 U.S.C. 1226(a) and (c), 1231(a), Commissioners Minutes Continued. November 20, 2019 697 1324(a), 1357(a), & 1366(1) & (3) and U.S. Department of Justice Office of Justice Programs – State or Local Government: FY 2018 Certification of Compliance with 8 U.S.C. 1372 and 1644 Incorporated by Reference. Original on file in County Clerk’s office. (The vote for this motion appears on page 699). *MISCELLANEOUS RESOLUTION #19377 BY: Commissioner Gary McGillivray, Chairperson, Public Safety and Social Justice Committee IN RE: 52/1 DISTRICT COURT (NOVI) - FY 2020 MICHIGAN DRUG COURT GRANT PROGRAM - ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen; WHEREAS the 52nd District Court, Division I (Novi) applied for and was awarded a grant in the amount of $87,000 from the State Court Administrative Office (SCAO), Michigan Drug Court Grant Program (MDCGP) effective October 1, 2019 through September 30, 2020; and WHEREAS the court has created an Adult Drug Court (ADC), which is a hybrid version of their successful Sobriety Court program to address the needs of the defendants with high risk/high need substance abuse issues, specifically related to the use of mind-altering substances and/or controlled substances; and WHEREAS the program goals of the ADC include: reduced system costs (jail days); reduced recidivism; and offender rehabilitation; and WHEREAS there is no required local grant match; and WHEREAS the total program budget of $87,000 consists of $79,580 in personnel costs and $7,420 in contractual operating expenditures: graduation supplies, participant incentives, testing, home visits, and Michigan Association of Drug Court Professionals’ (MADCP) conference expenses for on-going education; and WHEREAS the FY 2020 grant award is $13,000 less than the previous year award; and WHEREAS the grant award continues the funding of one (1) Special Revenue (SR) Full-Time Eligible (FTE) Probation Officer I position (#3020205-11415) to monitor the Drug Court caseload; and WHEREAS this grant is conditioned upon continued interpretation of the contract consistent with the May 1, 2019 letter from the SCAO, providing that assurance #3 of this year's grant application and agreement shall not be construed as a mandate for future funding of the program from the funding unit, said letter attached hereto and incorporated by reference herein; and WHEREAS the grant award has completed the Grant Review Process in accordance with Miscellaneous Resolution #19006. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the FY 2020 Michigan Drug Court Grant Program award from the State Court Administrative Office in the amount of $87,000, for the period of October 1, 2019 through September 30, 2020. BE IT FURTHER RESOLVED to continue one (1) SR FTE Probation Officer I position in the Probation Unit (#3020205-11415) to provide support for program activities. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant agreement and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment, and continuation of the Special Revenue position in the grant is contingent upon future levels of grant funding. BE IT FURTHER RESOLVED that the budget for FY 2020 be amended as follows: FY 2020 FY 2020 Adopted Amendment Amended DRUG COURT DISTRICT 52-1 PROBATION FUND (#27151) Grant #GR0000000661 Activity GLB, Analysis Type GLB, Bud Ref 2020 Revenues 3020205-121050-615571 State Operating Grants $100,000 ($13,000) $87,000 Total Revenues $100,000 ($13,000) $87,000 Expenditures 3020205-121050-702010 Salaries $ 45,838 $ 5,312 $51,150 3020205-121050-722740 Fringe Benefits 32,276 (3,846) 28,430 Commissioners Minutes Continued. November 20, 2019 698 3020205-121050-730373 Contracted Services 18,146 (12,346) 5,800 3020205-121050-731818 Special Event Program 250 (210) 40 3020205-121050-732018 Travel and Conference 610 0 610 3020205-121050-750245 Incentives 1,830 (1,160) 670 3020205-121050-750280 Laboratory Supplies 1,050 (750) 300 Total Expenditures $100,000 ($13,000) $87,000 Chairperson, on behalf of the Public Safety and Social Justice Committee, I move the adoption of the foregoing resolution. GARY MCGILLIVRAY Copy of Grant Review Sign-Off – 52nd District Court, 1st Division – FY 2020 Michigan Drug Court Grant Program, Correspondence from Dawn A. Monk, Chief Operating Officer, Michigan Supreme Court, Michigan Supreme Court State Court Administrative Office Michigan Drug Court Grant Program Fiscal Year 2020 Contract, Attachment A – Michigan Drug Court Grant Program Fiscal Year 2020 Reporting Requirements, Michigan Courts Application, Michigan Drug Court Grant Program (MDCGP) Allowable/Disallowable Expense List, Conditions on Expenses, Assurances and Reporting Requirements FY 2020 and Correspondence from Andrew Smith, Problem-Solving Courts Manager, Michigan Supreme Court Incorporated by Reference. Original on file in County Clerk’s office. (The vote for this motion appears on page 699). *MISCELLANEOUS RESOLUTION #19378 BY: Commissioner Gary McGillivray, Chairperson, Public Safety and Social Justice Committee IN RE: 52/4 DISTRICT COURT (TROY) – FY 2020 MICHIGAN DRUG COURT GRANT PROGRAM – ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the 52nd District Court, Division IV (Troy) applied for and was awarded a grant in the amount of $131,603 from the State Court Administrative Office (SCAO), Michigan Drug Court Grant Program (MDCGP) effective October 1, 2019, through September 30, 2020; and WHEREAS the court intends to continue the Drug Court to assist in addressing the problems of increasing recidivism, increasing use of alcohol and illegal drugs, rising systems costs, and an increase in jail days ordered; and WHEREAS there is no required local grant match; and WHEREAS the total program budget of $131,603 consists of $94,753 in personnel costs and $36,850 in operating expenditures for drug and alcohol testing, participant incentives, counseling services, and Michigan Association of Treatment Court Professionals (MATCP) conference expenses for on-going education; and WHEREAS the grant award continues funding one (1) Special Revenue (SR) Full-Time Eligible (FTE) Probation Officer II position (#3020505-11892) in the Probation Unit; and WHEREAS the FY 2020 grant award is $14,397 less than previous year award; and WHEREAS one (1) SR Part-Time Non-Eligible (PTNE) 1,000 hours per year Probation Officer II position (#3020505-12176) will be deleted, effective with the pay period beginning November 9, 2019; and WHEREAS this grant is conditioned upon continued interpretation of the contract consistent with the May 1, 2019 letter from SCAO, providing that assurance #3 of this year’s grant application and agreement shall not be construed as a mandate for future funding of the program from the funding unit, said letter attached hereto and incorporated by reference herein; and WHEREAS the grant award has completed the Grant Review Process in accordance with Miscellaneous Resolution #19006. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the FY 2020 Michigan Drug Court Grant Program from the State Court Administrative Office in the amount of $131,603, for the period of October 1, 2019 through September 30, 2020. BE IT FURTHER RESOLVED to continue one (1) SR FTE Probation Officer II position (#3020505-11892) in the Probation Unit. BE IT FURTHER RESOLVED to delete one (1) SR PTNE 1,000 hours per year Probation Officer II position Commissioners Minutes Continued. November 20, 2019 699 (#3020505-12176), effective with the pay period beginning November 9, 2019. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant agreement and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment, and continuation of the Special Revenue positions in the grant is contingent upon future levels of grant funding. BE IT FURTHER RESOLVED that the budget for FY 2020 be amended as follows: FY 2020 FY 2020 Adopted Amendment Amended DRUG COURT DISTRICT 52-4 SCAO FUND (#27167) Project #GR0000000660 Activity GLB, Analysis Type GLB, Bud Ref 2020 Revenues 3020505-121050-615571 State Operating Grants $146,000 ($ 14,397) $131,603 Total Revenues $146,000 ($ 14,397) $131,603 Expenditures 3020505-121050-702010 Salaries $ 72,141 ($ 13,254) $ 58,887 3020505-121050-722740 Fringe Benefits 34,293 1,573 35,866 3020505-121050-730373 Contracted Services 5,250 5,500 10,750 3020505-121050-730548 Drug Testing 31,126 ( 9,003) 22,123 3020505-121050-732018 Travel and Conference 915 305 1,220 3020505-121050-750245 Incentives 2,275 482 2,757 Total Expenditures $146,000 ($ 14,397) $131,603 Chairperson, on behalf of the Public Safety and Social Justice Committee, I move the adoption of the foregoing resolution. GARY MCGILLIVRAY Copy of Grant Review Sign-Off – 52nd District Court, 4th Division – FY 2020 Michigan Drug Court Program, Correspondence from Dawn A. Monk, Chief Operating Officer, Michigan Supreme Court, Michigan Supreme Court State Court Administrative Office Michigan Drug Court Grant Program Fiscal Year 2020 Contract, Attachment A – Michigan Drug Court Grant Program FY 2020 Reporting Requirements, Michigan Courts Application, Michigan Drug Court Grant Program (MDCGP) Allowable/Disallowable List, Conditions on Expenses, Assurances and Reporting Requirements FY 2020 and Correspondence from Andrew Smith, Problem-Solving Courts Manager, Michigan Supreme Court Incorporated by Reference. Original on file in County Clerk’s office. Vote on Consent Agenda, as amended: AYES: Hoffman, Jackson, Kowall, Kuhn, Long, Luebs, Markham, McGillivray, Middleton, Miller, Nelson, Powell, Quarles, Weipert, Woodward, Zack, Gershenson, Gingell. (18) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions on the amended Consent Agenda were adopted (with accompanying reports being accepted). There were no items to report on the Regular Agenda for the Economic Growth and Infrastructure Committee. There were no items to report on the Regular Agenda for the Finance Committee. Commissioners Minutes Continued. November 20, 2019 700 There were no items to report on the Regular Agenda for the Healthy Communities and Environment Committee. REPORT (MISC. #19250) BY: Nancy Quarles, Chairperson, Legislative Affairs and Government Operations Committee IN RE: BOARD OF COMMISSIONERS - ADOPTION OF NON-DISCRIMINATION POLICY FOR OAKLAND COUNTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Legislative Affairs and Government Operations Committee, having reviewed the above-referenced resolution on November 12, 2019, reports to recommend adoption of the resolution with the following amendment(s): 1. Amend the resolution by inserting the following language as the 3rd BE IT FURTHER RESOLVED: BE IT FURTHER RESOLVED that the “Non-Discrimination Policy” shall be effective 90 days following its adoption by the Board of Commissioners and approval by the County Executive. 2. Amend Attachment A of the resolution, as follows: Attachment A COUNTY OF OAKLAND NON-DISCRIMINATION POLICY SECTION I. GENERAL PROVISIONS Authority: This Policy is adopted and approved by the Oakland County Board of Commissioners. It shall apply to all County departments, boards, commissions and employees of Oakland County. Purpose of Policy: The County of Oakland (hereinafter “County”) assures that no individual or entity shall be subjected to discrimination or harassment on the grounds of race, color, religion, sex, sexual orientation, gender identity or expression, national origin, age, genetic information, height, weight, disability, veteran status, familial status, marital status, or any other legally protected status under federal and state laws be denied the benefits of, or be otherwise subjected to discrimination, harassment or retaliation for employment, or under any program, activity or service. This policy applies to all County departments, boards, commissions, employees or other agencies within Oakland County, including providers/vendors, or individuals performing work and/or services for Oakland County. Employment: Oakland Violations: Violations of this Policy may result in disciplinary action, termination of a Contract and/or other remedies provided by law, including dismissal from County employment or County assignment. SECTION II. EMPLOYMENT: The County is committed to provide an Equal Employment Opportunity to all individuals, regardless of race, color, religion, sex, sexual orientation, gender identit y or expression, national origin, age, genetic information, height, weight, disability, veteran status, familial status, marital status or any other reason, that is unrelated to the person's ability to perform the duties of a particular job or position, in accordance with applicable federal and state laws. Commissioners Minutes Continued. November 20, 2019 701 This policy Policy applies to recruitment, hiring, training, promotion, salary decisions, work environment, as well as other terms and conditions of employment. As such, all employees All County Employees, applicants, and other contractors Contractor Employees are protected from coercion, intimidation, harassment, retaliation or discrimination in performing their duties or exercising their rights under federal and state laws. “County Employee(s)” means full and part-time employees of the County, elected and appointed officials. As used in this section “Contractor Employees” means employees of County Contractors who are working on site at the County. Questions or concerns by County Employees regarding treatment under this policy section of the Policy may be directed to your immediate supervisor, division manager, or department head, if feasible. However, any complaints may be brought to the attention of the Labor Relations/Equal Employment Opportunity Unit in the Human Resources Department (248-858-0539). Such complaints will be investigated promptly in accordance with established Human Resources Department procedures. Questions or concerns by Contractor Employees regarding treatment under this section by County Employees shall be directed to the Compliance Office Purchasing Unit. There shall be no retaliation taken against individuals reporting their concerns under this Policy to the County. All employees County Employees and contractors Contractor Employees are expected to conduct themselves in a manner that will ensure compliance with County policies and promote a work environment free from illegal discrimination or harassment. To abuse the dignity of anyone through racial, sexual, ethnic slurs, or other objectionable remarks or conduct is a violation of County policy this Policy. SECTION III. COUNTY PROCUREMENT / CONTRACTING: County Procurement /Contracting: A contracts issued by a department board, commission, or agency of this County shall include in any contract with another person or entity a requirement that the person or entity, and any subcontractor under the contract, shall not discriminate against an employee or an applicant for employment in hiring, any terms and conditions of employment or matters related to employment regardless of race, color, religion, sex, sexual orientation, gender identity or expression, national origin, age, genetic information, height, weight, disability, veteran status, familial status, marital status or any other reason, that is unrelated to the person's ability to perform the duties of a particular job or position, in accordance with applicable federal and state laws. This language may be modified subject to the following: 1) approval by the County Executive or their designee, of modified non-discrimination language that meets the intent of the policy, 2) inclusion of the modified non-discrimination language into the contract, and 3) notification to the Board of Commissioners of the modified language, in a timely manner to be forwarded to the appropriate liaison committee(s) as a communications item. This policy Policy applies to contracts for the purchase of, the contracting for, and the providing of supplies, materials, services, insurance, utilities, third-part financing, equipment, printing, and all other items as needed by county departments and agencies, including contracts for construction, alteration, repair, or demolition of a facility. This requirement does not apply to contracts where the County is not able to modify the contractor’s standard terms such as end user and software licenses, technology use agreements and on-line services provided free of charge. County Grant and Loan Programs: A department, board, commission, or agency of this County shall include in any agreement for the provision of a grant or loan involving federal or state funds to another person or entity a requirement that the person or entity, any contractor of the person or entity, subcontractor of the contractor, or sub- recipient of the grant or loan, shall not discriminate against an employee or an applicant for employment in hiring, any terms and conditions of employment or matters related to employment Commissioners Minutes Continued. November 20, 2019 702 regardless of race, color, religion, sex, sexual orientation, gender identity or expression, national origin, age, genetic information, height, weight, disability, veteran status, familial status, marital status or any other reason, that is unrelated to the person's ability to perform the duties of a particular job or position. Provision of County Services: SECTION IV. PROVISION OF COUNTY SERVICES: All Oakland County services, programs, facilities and assistance are available to all individuals and entities without regard to race, color, religion, sex, sexual orientation, gender identity or expression, national origin, age, genetic information, height, weight, disability, veteran status, familial status, marital status, unless a federal or state law mandates contrary action. Chairperson, on behalf of the Legislative Affairs and Government Operations Committee, I move acceptance of the foregoing report. NANCY QUARLES MISCELLANEOUS RESOLUTION #19250 BY Commissioners Penny Luebs, District #16; David T. Woodward, District #19; Janet Jackson, District #21 IN RE BOARD OF COMMISSIONERS — ADOPTION OF NON-DISCRIMINATION POLICY FOR OAKLAND COUNTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County is the economic center for the state of Michigan and recognizes that economic growth depends on diversity and the talents of all who live and work here; and WHEREAS ensuring the success and diversity of the County’s residents and business community is vital to the County’s growth and improves everyone’s quality of life; and WHEREAS the County benefits from being a model of equal opportunity – knocking down barriers, treating all people fairly and equally, and dispelling prejudices that impedes the County, its residents, communities and businesses from achieving their maximum potential and economic prosperity; and WHEREAS when the County is open to all, it provides historically underrepresented individuals and business owners’ equal opportunities to compete and succeed; and WHEREAS policy and program initiatives by federal, state, and local governments are expanding policies for the inclusion of requirements that prohibit discrimination based on sexual orientation, gender identity or gender expression in relation to employment, procurement, grants and loans and services; and WHEREAS these policies apply to departments, boards, commissions, or agencies, and must be followed by any persons or entities that contract with or receive funds to provide services, including contractors and sub-contractors; and WHEREAS the U.S. Equal Employment Opportunity Commission states that sex discrimination involves treating someone (an applicant or employee) unfavorably because of that person's sex. Discrimination against an individual because of gender identity, including transgender status, or because of sexual orientation is discrimination because of sex is in violation of Title VII; and WHEREAS in 2014, the federal administration enacted Executive Order 13672 to prohibit discrimination and take further steps to promote economy and efficiency in federal government procurement by prohibiting discrimination based on sexual orientation and gender identity; and WHEREAS the states of Massachusetts, California, Pennsylvania, Rhode Island, Oregon have statewide prohibition of discrimination on the basis of sexual orientation and gender identity for both public and private employees by state statute or executive order; and WHEREAS at least 400 cities and counties, as of October 2017, prohibit discrimination on the basis of sexual orientation and gender identify for both public and private employees; and WHEREAS California, Pennsylvania and Massachusetts and several regional governments -Essex County, NJ; King County, WA and Cleveland, OH, have engaged policy initiatives for the intentional inclusion of LGBT-owned businesses and the State of New York has recently introduced supplier diversity legislation; and Commissioners Minutes Continued. November 20, 2019 703 WHEREAS New York enacted an Executive Order in 2018 to further protect New Yorkers’ civil rights by banning all state agencies and authorities from doing business with companies that promote or tolerate discrimination; and WHEREAS the state of Pennsylvania expanded nondiscriminatory practices with an Executive Order requiring that contracts must ensure that contractors doing business with the state will not discriminate in the award of subcontracts or supply contracts, or in hiring, promotion, or other labor matters, on the basis of sexual orientation, or gender identity or expression. The Executive Order also mandates that contractors receiving state funds must have, as a condition of payment, a written sexual harassment policy and that employees of the contractor are aware of the policy; and WHEREAS in 2018, the Michigan Civil Rights Commission, exercising its constitutional authority, formally determined that discrimination because of "sex", as used in the Elliott-Larsen Civil Rights Act, 1976 PA 453, as amended, MCL 37.2101 to 37.2804, includes discrimination based on gender identity and sexual orientation; and WHEREAS Michigan enacted Executive Directives No. 2018-7 and No. 2019-9 to expand the policies and practices of the State of Michigan to promote public confidence in the fairness and integrity of state government. The Executive Orders expanded procurement, contracting, and grant and loan program policies with the inclusion to prohibit contractors and sub-contractors from discriminating against employees and applicants for employment based on sex or sexual orientation, gender identity or gender expression; and WHEREAS Senate Bill 351, introduced by Senator Jeremy Moss, protects LGBTQ+ people from discrimination in employment, housing, education and access to public accommodations by amending the Elliott-Larsen Civil Rights Act to include sexual orientation and gender identity to Michigan’s protected classes; and WHEREAS implementing policies and procedures that encourage non-discriminatory and equal treatment are essential for fairness and integrity in government practices and it promotes inclusivity, prosperity and economic growth for all; and WHEREAS in 2015, its estimated that America’s LGBT communities’ buying power was $917 billion; and WHEREAS there are 1.4 million LGBT business owners in the U.S. that contributed over $1.7 trillion to the U.S. economy according to America’s LGBT Economy Report, 2017; and WHEREAS of the 1.4 million LGBT-owned businesses, 909 are certified LGBT business owners and they alone have generated over $1.5 billion to the U.S. economy in 2015, created over 33,000 jobs and delivered innovative business solutions nationwide according to the National LGBT Chamber of Commerce (NGLCC), the certifying entity of LGBT-owned businesses; and WHEREAS Oakland County must take further steps and expand its inclusionary measures for underrepresented individuals and business entities beyond minority or women owned (MWBE) as in the County’s procurement policy; and WHEREAS the opportunity exists for Oakland County to continue its leadership position and join federal, state and local governments to expand its policy requirements that prohibit discrimination based on sexual orientation, gender identity or gender expression in relation to employment, procurement, contracting, grant and loan programs, and services. These requirements will apply to contractors, sub-contractors and sub- recipients, persons or entities that contract with or receive funds to provide services to the County. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby add Oakland County to the growing number of states, counties and local governments that have expanded and enacted policy requirements that prohibit discrimination based on sexual orientation, gender identity or gender expression in relation to employment, procurement, contracting, grant and loan programs, and services; with compliance by contractors, sub-contractors, sub-recipients, persons or entities that contract with or receive funds to provide services to Oakland County. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby approves Attachment A, the “Non-Discrimination Policy” for the County of Oakland. BE IT FURTHER RESOLVED that the “Non-Discrimination Policy” encompasses all County departments, boards, commissions, employees or other agencies within Oakland County government and requires inclusion into current and future policies, where applicable. BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward copies of this adopted resolution to the Governor of the State of Michigan, the members of the Oakland County delegation to the Michigan Legislature, the Michigan Association of Counties, to the County Commissioners Minutes Continued. November 20, 2019 704 governments of Genesee, Ingham, Kent and Wayne, and the leaders of the cities, villages and township in Oakland County. Chairperson, we move the adoption of the foregoing resolution. PENNY LUEBS, DAVID WOODWARD, JANET JACKSON Copy of Attachment A – County of Oakland Non-Discrimination Policy on file in County Clerk’s office. Moved by Luebs seconded by Quarles the resolution be adopted. Moved by Quarles seconded by Luebs the Legislative Affairs and Government Operations Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Discussion followed. Vote on resolution: AYES: Jackson, Luebs, Markham, McGillivray, Miller, Nelson, Powell, Quarles, Woodward, Zack, Gershenson. (11) NAYS: Kowall, Kuhn, Long, Middleton, Weipert, Gingell, Hoffman. (7) A sufficient majority having voted in favor, the resolution was adopted. REPORT (MISC. #19349) BY: Nancy Quarles, Chairperson, Legislative Affairs and Government Operations Committee IN RE: BOARD OF COMMISSIONERS – ELECTION DAY IN NOVEMBER AS AN OFFICIAL COUNTY HOLIDAY FOR OAKLAND COUNTY EMPLOYEES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Legislative Affairs and Government Operations Committee, having reviewed the above-referenced resolution on November 12, 2019, reports to recommend adoption of the resolution with the following amendment(s): 1. Insert the following language as the 1st BE IT FURTHER RESOLVED: BE IT FURTHER RESOLVED on the Election Day in November, even years, the County Clerk Elections employees who are required to work on election day, will receive one (1) additional Floating Holiday to compensate for working on the Election Day holiday provided to other County employees. They will be compensated at the regular overtime rate for the hours worked on the Election Day in November in even years. Requirements for union represented employees to work on Election Day in November, even years, will be addressed through the negotiation process. 2. Insert the following language as the 2nd BE IT FURTHER RESOLVED: BE IT FURTHER RESOLVED Merit Rule 26, Legal Holidays will reflect the additional Floating Holiday to the County Clerk Elections employees that are required to work on the Election Day in November in even years. Chairperson, on behalf of the Legislative Affairs and Government Operations Committee, I move the acceptance of the foregoing report. NANCY QUARLES Commissioners Minutes Continued. November 20, 2019 705 MISCELLANEOUS RESOLUTION #19349 By: Commissioner Nancy Quarles, District #17 IN RE: BOARD OF COMMISSIONERS - ELECTION DAY IN NOVEMBER AS AN OFFICIAL COUNTY HOLIDAY FOR OAKLAND COUNTY EMPLOYEES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS voting is the most important civic duty and representative voice of Americans, the cornerstone of our democracy; and WHEREAS through voting, leaders and lawmakers are elected, public policy decisions are made, and opinions are expressed at the national, state, and local levels; and WHEREAS respecting and championing the vote is essential to upholding the highest ideals of the United States—liberty, justice, and equality; and WHEREAS according to the Pew Research Center, millions of Americans will cast their vote while working around the demands of their jobs – hitting their polling places before work, taking an extra-long lunch break or going after work, with the hope to arrive before the polls close; and WHEREAS despite voters’ efforts, voter turnout in the U.S. trails most developed countries. During the 2016 presidential election, less than 56% of the estimated voting-age population in the U.S. voted and the most commonly cited reason for not voting was being too busy or having conflicting work schedules; and WHEREAS recognizing these challenges, the majority of U.S. states (30) have time-off-to-vote laws, also referred to as voter-leave law, and have different requirements and exceptions for employers and employees; and WHEREAS approximately 348 companies across the U.S. acknowledge the importance of voting and have established Election Day in November as a holiday or provide time off for their employees to ensure they have the opportunity to vote; and WHEREAS with more time to cast their ballots, employees-as voters, have the ability to exercise their democratic rights and privilege; and WHEREAS the County wants to do everything possible to empower its employees, as citizens of Oakland County, to make their voices heard on election day; and WHEREAS designating Election Day - the Tuesday following the first Monday in November (in even years) - as a holiday, demonstrates respect for the duty of voting, eases the obstacles to vote, and increases election participation; and WHEREAS in even year elections include national, state, and local government representatives at all levels up to the governor and the president; and WHEREAS the Oakland County Board of Commissioners recognizes the importance of voting and the time constraints and barriers that hinder employees and citizens from casting their vote prior to the polls closing; and WHEREAS Oakland County proposes to establish Election Day as a holiday for County employees and promotes the participation of County employees in casting their vote in the election process; and WHEREAS it is proposed to change Merit Rule 26 – Legal Holidays, 26.1.1 in a separate resolution; and WHEREAS the County budgets for full employment of all authorized positions, whereby, there would be no change to the individual position budgeting process; and WHEREAS 24 hour, seven (7) days per week operations will incur additional overtime as a result of the proposed Election Day holiday in November (in even years); and WHEREAS holiday overtime costs for the Election Day in November (in even years) is estimated at $304,800 which includes estimated salaries of $224,400 and estimated related fringe benefits of $80,400; and WHEREAS the estimated impact by fund type is $271,700 for General Fund/General Purpose funds, $32,700 for Proprietary funds and $400 for Special Revenue funds; and WHEREAS funding for the additional holiday will be drawn from the non-departmental General Fund Salary Adjustment Reserve line item that was established for the general salary adjustments, the compensation study, and union negotiations in order to cover the General Fund/General Purpose funds for the proposed Election Day (in even years) holiday; and WHEREAS the majority of the cost is related to union classifications which require separate negotiation and separate resolutions for the various bargaining units; and WHEREAS the non-union classification costs can be absorbed within existing departmental budgets. Commissioners Minutes Continued. November 20, 2019 706 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners designates Election Day - the Tuesday following the first Monday in November in even years, this includes national, state, and local government representatives at all levels up to the governor and president - a holiday for Oakland County employees. BE IT FURTHER RESOLVED that the union represented classifications will be addressed through the negotiation process. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners encourages local communities and businesses to establish Election Day in November in even years as a holiday or provide time off to ensure that employees have the opportunity to vote prior to the polls closing. BE IT FURTHER RESOLVED that no budget amendment is required at this time as there would not be a material change that would require additional funding to be budgeted for non-represented classifications. BE IT FURTHER RESOLVED that a budget amendment will be required for the union represented classifications that require negotiation and separate resolutions for the bargaining units. Chairperson, I move the adoption of the foregoing resolution. NANCY QUARLES Moved by Quarles seconded by Luebs the resolution be adopted. Moved by Quarles seconded by Miller the Legislative Affairs and Government Operations Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Discussion followed. Vote on resolution: AYES: Luebs, Markham, McGillivray, Miller, Nelson, Powell, Quarles, Woodward, Zack, Gershenson, Jackson. (11) NAYS: Kowall, Kuhn, Long, Middleton, Weipert, Gingell, Hoffman. (7) A sufficient majority having voted in favor, the resolution was adopted. REPORT (MISC. #19350) BY: Nancy Quarles, Chairperson, Legislative Affairs and Government Operations Committee IN RE: BOARD OF COMMISSIONERS – CHANGE TO MERIT SYSTEM RULE 26, LEGAL HOLIDAYS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Legislative Affairs and Government Operations Committee, having reviewed the above-referenced resolution on November 12, 2019, reports with the recommendation that the resolution be adopted. Chairperson, on behalf of the Legislative Affairs and Government Operations Committee, I move acceptance of the foregoing report. NANCY QUARLES MISCELLANEOUS RESOLUTION #19350 BY: Commissioner Nancy Quarles, District #17 IN RE: BOARD OF COMMISSIONERS — CHANGE TO MERIT SYSTEM RULE 26, LEGAL HOLIDAYS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Election Day is the Tuesday following the first Monday in November - in even years, this includes national, state, and local government representatives at all levels up to the governor and president - is being proposed as a holiday for County employees; and WHEREAS after reviewing the Merit System Rules it has been determined that changes are necessary to Merit Rule 26 to allow for this; and WHEREAS Section IV, Subsection A of the Merit System Resolution requires that all changes in the rules and regulations of the Merit System shall be submitted to the Board of Comm issioners at a regular meeting of the Board and shall become effective thirty (30) days after such meeting unless an objection is received Commissioners Minutes Continued. November 20, 2019 707 in writing by the Chairperson of the Board of Commissioners, in which case the objection shall become a matter of business at the next meeting of the Board. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes that the reading and distribution of this notice and copy of the proposed change to Merit System Rule 26 to all Commissioners present and absent, is considered as the official submission to the Board of Commissioners of the described changes in Merit System Rule 26. BE IT FURTHER RESOLVED that changes to Merit System Rules be cross referenced by the appropriate Board of Commissioners’ Resolution number authorizing such change. Chairperson, we move the adoption of the foregoing resolution. NANCY QUARLES, ANGELA POWELL Copy of Proposed Change in Merit System Rule, Draft Copy of Merit Rule 26 – Legal Holidays – Revised 10/26/16 and Draft Copy of Merit Rule 26 – Legal Holidays – Revised 4/18/19 on file in County Clerk’s office. Moved by Quarles seconded by Markham the resolution be adopted. Moved by Quarles seconded by Jackson the Legislative Affairs and Government Operations Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Discussion followed. Vote on resolution: AYES: Luebs, Markham, McGillivray, Miller, Nelson, Powell, Quarles, Woodward, Zack, Gershenson, Jackson. (11) NAYS: Kuhn, Long, Middleton, Weipert, Gingell, Hoffman, Kowall. (7) A sufficient majority having voted in favor, the resolution was adopted REPORT (MISC. #19379) BY: Commissioner Helaine Zack, Chairperson, Finance Committee IN RE: BOARD OF COMMISSIONERS – FISCAL YEARS 2019, 2020 AND 2021 COLLECTIVE BARGAINING AGREEMENT FOR EMPLOYEES REPRESENTED BY THE OAKLAND COUNTY EMPLOYEES UNION AFFILIATED WITH INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 58, AFL-CIO (OCEU) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above-referenced resolution on November 13, 2019, reports with the recommendation that the resolution be adopted. Chairperson, on behalf of the Finance Committee, I move the acceptance of the foregoing report. NANCY QUARLES MISCELLANEOUS RESOLUTION #19379 BY: Commissioner Nancy Quarles, Chairperson, Legislative Affairs and Government Operations Committee IN RE: BOARD OF COMMISSIONERS – FISCAL YEARS 2019, 2020 AND 2021 COLLECTIVE BARGAINING AGREEMENT FOR EMPLOYEES REPRESENTED BY THE OAKLAND COUNTY EMPLOYEES UNION AFFILIATED WITH INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 58, AFL-CIO (OCEU) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland and the Oakland County Employees Union affiliated with IBEW Local 58, AFL-CIO (OCEU), have been negotiating a Collective Bargaining Agreement covering approximately 362 employees; and Commissioners Minutes Continued. November 20, 2019 708 WHEREAS the parties agreed to a successor agreement for the period of September 30, 2019 through October 31, 2019 which included a 2% wage increase and the $15 minimum wage for particular classifications, reference Exhibit A; and WHEREAS a three-year Collective Bargaining Agreement has been reached for the period of October 31, 2019 through September 30, 2022; and WHEREAS the parties have agreed to negotiated wage increases for Fiscal Year 2020 as outlined in Exhibit B; and WHEREAS the parties have agreed to a 1% increase in the Employer contribution to the Defined Contribution Retirement Plan for eligible employees, in Fiscal Year 2021 and a Wage Reopener; and WHEREAS the parties have agreed to a Wage Reopener for Fiscal Year 2022 wages; and WHEREAS this agreement provides all employees scheduled to work second shift will be paid an additional $.75 cents per hour. All employees scheduled to work third shift will be paid an additional $1.00 per hour; and WHEREAS an increase in the boot reimbursement for eligible employees was raised from $90 per calendar year to $275 per calendar year; and WHEREAS the parties have agreed to an increase in the High Option Dental from $1250 to $1500; Composite (white) fillings covered by Standard and High Dental at 85%, modified at 50%; Dental Sealants for children up to age 14 covered by Modified, Standard and High Dental at 100%; Brush biopsies to detect oral cancer covered by Modified, Standard and High Dental at 100%; and WHEREAS the parties have agreed to an enhancement to the vision benefit providing for the frame allowance increases from $67 to $100 for Standard and High Vision; and the contact lens allowance increases from $35 to $50 for Standard and High Vision; and WHEREAS the parties have agreed to updated and additional contractual language as identified in Exhibit C; and WHEREAS the FY 2020 estimated cost for the negotiated wage changes is $1,926,825 with $152,234 for General Fund/General Purpose and $1,774,591 for Proprietary Funds; and WHEREAS the FY 2021 estimated cost for the negotiated wage changes is $2,119,527 with $172,123 for General Fund/General Purpose and $1,774,591 for Proprietary Funds; and WHEREAS the FY 2022 estimated cost for the negotiated wage changes is $2,119,527 with $172,123 for General Fund/General Purpose and $1,774,591 for Proprietary Funds; and WHEREAS the General Fund/General Purpose funding will be covered by the Non-Departmental General Fund Salary Adjustment Reserve line item; and WHEREAS the Proprietary Fund related costs will be covered by rates charged to the benefiting customers. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the proposed agreement between the County of Oakland and the Oakland County Employees Union Affiliated with the IBEW Local 58, AFL-CIO (OCEU) covering the period of October 31, 2019, through September 30, 2022, and that the Board Chairperson on behalf of the County of Oakland, is authorized to execute said agreement as attached. BE IT FURTHER RESOLVED that the FY 2020 – FY 2022 budgets be amended as noted in the attached Schedule A. Chairperson, on behalf of the Legislative Affairs and Government Operations Committee, I move the adoption of the foregoing resolution. NANCY QUARLES Copy of Summary of Agreement between the County of Oakland and the Oakland County Employees Union Affiliated with IBEW Local 58, AFL-CIO – Draft Copy, Proposed Change in Merit System Rule, Draft Copy of Merit Rule 26 – Legal Holidays – Revised 10/26/16 and Draft Copy of Merit Rule 26 – Legal Holidays – Revised 4/18/19 Incorporated by Reference. Original on file in County Clerk’s office. Moved by Miller seconded by Quarles the resolution be adopted. Moved by Quarles seconded by Miller the Legislative Affairs and Government Operations Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Commissioners Minutes Continued. November 20, 2019 709 Moved by Quarles seconded by Luebs the resolution be amended as follows: Strike out and Insert the following language in the 12th WHEREAS: WHEREAS the FY 2020 estimated cost for the negotiated wage changes is $1,926,825 1,902,119 with $152,234 for General Fund/General Purpose and $1,774,591 1,749,885 for Proprietary Funds; and Strike out and Insert the following language in the 13th WHEREAS: WHEREAS the FY 2021 estimated cost for the negotiated wage changes is $2,119,527 2,094,821 with $172,123 for General Fund/General Purpose and $1,774,591 1,922,698 for Proprietary Funds; and Strike out and Insert the following language in the 14th WHEREAS: WHEREAS the FY 2022 estimated cost for the negotiated wage changes is $2,119,527 2,094,821 with $172,123 for General Fund/General Purpose and $1,774,591 1,922,698 for Proprietary Funds; and Insert the following language in the BE IT FURTHER RESOLVED: BE IT FURTHER RESOLVED that the FY 2020 – FY 2022 budgets be amended as noted in the attached revised Schedule A. Insert the following language as the 2nd BE IT FURTHER RESOLVED: BE IT FURTHER RESOLVED that Exhibit B and Appendix F be replaced with the revised Exhibit B and revised Appendix F. A sufficient majority having voted in favor, the amendment passed. Vote on resolution, as amended: AYES: Long, Luebs, Markham, McGilivray, Middleton, Miller, Nelson, Powell, Quarles, Weipert, Woodward, Zack, Gershenson, Gingell, Hoffman, Jackson, Kowall, Kuhn. (18) NAYS: (0) A sufficient majority having voted in favor, the resolution, as amended, was adopted. REPORT (MISC. #19369) BY: Nancy Quarles, Chairperson, Legislative Affairs and Government Operations Committee IN RE: BOARD OF COMMISSIONERS – AUTHORIZING OAKLAND COUNTY ART INSTITUTE AUTHORITY MILLAGE QUESTION TO BE PLACED ON MARCH 20, 2020 ELECTION BALLOT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Legislative Affairs and Government Operations Committee, having reviewed the above-referenced resolution on November 12, 2019, reports with the recommendation that the resolution be adopted. Chairperson, on behalf of the Legislative Affairs and Government Operations Committee, I move acceptance of the foregoing report. NANCY QUARLES MISCELLANEOUS RESOLUTION #19369 BY: Commissioner David T. Woodward, District #19 IN RE: BOARD OF COMMISSIONERS - AUTHORIZING OAKLAND COUNTY ART INSTITUTE AUTHORITY MILLAGE QUESTION TO BE PLACED ON MARCH 20, 2020 ELECTION BALLOT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Commissioners Minutes Continued. November 20, 2019 710 WHEREAS on May 17, 2012, the Board of Commissioners adopted the Articles of Incorporation establishing the Oakland County Art Institute Authority under the provisions of PA 296 of 2010, (MCL 123.1201 et seq) MR #12083; and WHEREAS the Board of Commissioners have adopted an amendment to Article V of the Articles of Incorporation of the Art Institute Authority to require that the Governing Board of the Art institute Authority receive authorization from the Board of Commissioners prior to utilizing the property tax provisions of PA 296 of 2010 to place a millage question before the voters of Oakland County; and WHEREAS the granting of authorization by the Oakland County Board of Commissioners does not constitute either support or non-support of this particular millage issue; and WHEREAS the 0.2 mills approved by Oakland County voters in 2010 expires with the 2021 tax year; and WHEREAS the Oakland County Art Institute Authority is expected to seek authorization to place a question before the voters of Oakland County to establish a tax rate of 0.2 mil for tax years 2022 through 2033 in order to contract with the Detroit Institute of Arts, Inc. (DIA); and WHEREAS in accordance with the Art institute Service Agreement between the Oakland County Art Institute Authority and the Detroit Institute of Arts, Inc. (DIA), the DIA currently provides Oakland County residents with free K-12 school field trips including free transportation, free senior group programming with free transportation, and unlimited free general admission; and WHEREAS, in accordance with the provisions of PA 296 of 2010, the Oakland County Art Institute Authority shall negotiate the terms of a new service agreement before a vote on a new tax levy occurs; and WHEREAS the Detroit Institute of Arts welcomed more the 164,382 total admissions in Oakland County admissions 2018, including more than 97,000 visits to the museum, according to the DIA’s annual governance report; and WHEREAS In 2018, 20,668 Oakland County residents participated in no-cost school field trips to the DIA; and WHEREAS the DIA welcomed 78 Oakland County senior program trips, with 2,170 residents to the museum through the “Thursdays at the Museum” program. All groups were offered complimentary bus transportation; and WHEREAS the DIA has invested more than $2 million dollars through 2018 in Oakland County through community collaborations with local arts organizations and cities, townships and villages; and WHEREAS the DIA has provided extensive ongoing professional development programming for area educators; and WHEREAS the Detroit Institute of Arts has one of the largest and most significant art collections in the United States. The museum and its collections are an important, irreplaceable and indivisible parts of the cultural fiber of the State and region. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, hereby authorizes the Oakland County Art Institute Authority to utilize Section 17 of Act 296 of 2010, MCL 123.1201, for the purpose of placing before all of the voters in Oakland County the proposition of establishing a 0.2 mil rate for the years 2022 through 2033 to support services from the Detroit Institute of Arts. BE IT FURTHER RESOLVED that the Board of Commissioners recommends the proposition be placed on the March 20, 2020 election ballot. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to do all things and provide all supplies necessary for the placing of this question on the ballot as required by law. Chairperson, we move the adoption of the foregoing resolution. DAVID WOODWARD, JANET JACKSON, GARY MCGILLIVRAY, GWEN MARKHAM, PENNY LUEBS, KRISTEN NELSON, NANCY QUARLES, WILLIAM MILLER, HELAINE ZACK, ANGELA POWELL, SHELLEY TAUB Moved by Quarles seconded by Luebs the resolution be adopted. Moved by Quarles seconded by Gingell the resolution be amended as follows: Strike out and Insert the following language in the title of the resolution: Commissioners Minutes Continued. November 20, 2019 711 IN RE: BOARD OF COMMISSIONERS – AUTHORIZING OAKLAND COUNTY ART INSTITUTE AUTHORITY MILLAGE QUESTION TO BE PLACED ON MARCH 20 10, 2020 ELECTION BALLOT Strike out and insert the following language in the 1st BE IT FURTHER RESOLVED: BE IT FURTHER RESOLVED that the Board of Commissioners recommends the proposition be placed on the March 20 10, 2020 election ballot. A sufficient majority having voted in favor, the amendment carried. Discussion followed. Vote on resolution, as amended: AYES: Luebs, Markham, McGillivray, Miller, Nelson, Powell, Quarles, Weipert, Woodward, Zack, Gershenson, Gingell, Jackson. (13) NAYS: Middleton, Hoffman, Kowall, Kuhn, Long. (5) A sufficient majority having voted in favor, the resolution, as amended, was adopted. There were no items to report on the Regular Agenda for the Public Safety and Social Justice Committee. Motion to Discharge MR #19248 – Board of Commissioners – Request Michigan’s Attorney General to Cease Efforts to Shutdown Enbridge Line 5 from the Legislative Affairs and Government Operations Committee postponed until the December 12, 2019 Board of Commissioners Meeting as requested by Commissioner Kuhn. MISCELLANEOUS RESOLUTION #19380 BY: Commissioners Janet Jackson, District #21; William Miller, District 14; Philip Weipert, District 8; Marcia Gershenson, District 13; Helaine Zack, District 18; Robert Hoffman, District 2; Gwen Markham, District 9; Eileen Kowall, District 6; Christine Long, District 7; Gary McGillivray, District 20; Kristen Nelson, District 5 IN RE: BOARD OF COMMISSIONERS – DECLARING NOVEMBER 21, 2019 AS WORLD PANCREATIC CANCER AWARENESS DAY IN OAKLAND COUNTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pancreatic cancer surpassed breast cancer to become the third leading cause of cancer death in the United States, and it is projected to become the second leading cause by 2020; and WHEREAS currently, there is no standard screening test or early detection method to diagnose pancreatic cancer; and WHEREAS when symptoms of pancreatic cancer present themselves it is generally in later stages, and 71 percent of pancreatic cancer patients die within the first year of their diagnosis, while 91 percent of pancreatic cancer patients die within the first five years; and WHEREAS in 2019, an estimated 56,770 people will be diagnosed with pancreatic cancer in the United States, and 45,750 will die from the disease; and WHEREAS approximately 1,650 deaths will occur in Michigan in 2019; and WHEREAS the importance of education and knowledge about this disease cannot be overstated and contributes to the ability to lead a healthy, balanced, and productive life; and WHEREAS the good health and well-being of the residents of Oakland County are enhanced as a direct result of increased awareness about the symptoms and risk factors of pancreatic cancer, and research into early detection, causes, and effective treatments; and WHEREAS within the last eighteen months, Oakland County residents have mourned the loss of two eminent public figures to pancreatic cancer, Aretha Franklin and L. Brooks Patterson. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners declares November 21, 2019, as World Pancreatic Cancer Awareness Day in Oakland County. BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward copies of the adopted resolution to the Pancreatic Cancer Action Network -Detroit Affiliate. Commissioners Minutes Continued. November 20, 2019 712 Chairperson, we move the adoption of the foregoing resolution. JANET JACKSON, WILLIAM MILLER, PHILIP WEIPERT, MARCIA GERSHENSON, BOB HOFFMAN, HELAINE ZACK, EILEEN KOWALL, GWEN MARKHAM, NANCY QUARLES, GARY MCGILLIVRAY, ANGELA POWELL, KRISTEN NELSON, DAVID WOODWARD, PENNY LUEBS, THOMAS KUHN, MICHAEL GINGELL, CHRISTINE LONG, TOM MIDDLETON Moved by Jackson seconded by Hoffman to suspend the rules and vote on Miscellaneous Resolution #19380 – Board of Commissioners – Declaring November 21, 2019 as World Pancreatic Cancer Awareness Day in Oakland County. A sufficient majority having voted in favor, the motion to suspend the rules and vote on Miscellaneous Resolution #19380 – Board of Commissioners – Declaring November 21, 2019 as World Pancreatic Cancer Awareness Day in Oakland County carried. Moved by Jackson seconded by Hoffman the resolution be adopted. Vote on resolution: AYES: Markham, McGillivray, Middleton, Miller, Nelson, Powell, Quarles, Weipert, Woodward, Zack, Gershenson, Gingell, Hoffman, Jackson, Kowall, Kuhn, Long, Luebs. (18) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. MISCELLANEOUS RESOLUTION #19381 BY: Commissioner Gwen Markham, District #9 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2019 APPROPRIATION – TOWNSHIP OF NOVI – CRACK SEALING ON VARIOUS LOCAL ROADS – PROJECT NO. 55352 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the Tri-Party Road Improvement Program to assist Oakland County’s cities, villages and townships (CVTs) with the construction, maintenance and repair of roads under the supervision, direction and control of the Road Commission for Oakland County (RCOC); and WHEREAS on December 6, 2018, the Board of Commissioners approved Miscellaneous Resolution #18446 which designated $4,372,189 in fund balance for the Tri-Party Road Improvement Program for projects managed by the RCOC; and WHEREAS the Township of Novi, along with the RCOC, has identified a project and said project is ready to be undertaken immediately; and WHEREAS the RCOC has appropriated its one-third (1/3) share of the funding for the project in the Township of Novi and said appropriation has been transferred to a project account; and WHEREAS the Township of Novi has demonstrated that it has authorized its one-third (1/3) share of the funding for the project and has executed a contract for payment with the RCOC; and WHEREAS Oakland County’s one-third (1/3) share of the authorized amount of Tri-Party Road Improvement funding for Project No. 55352 in the Township of Novi is $318; and WHEREAS funding is available in the General Fund Assigned Fund Balance for Tri-Party 2019 and prior funding (account #383510) for Project No. 55352 in the amount of $318. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Township of Novi and authorizes the release of Tri-Party Road Improvement Program funds from the Oakland County Assigned Fund Balance. Commissioners Minutes Continued. November 20, 2019 713 BE IT FURTHER RESOLVED additional project costs, not greater than 15% from the original agreement, which are consistent with the project as originally approved, will be paid when invoiced and appropriated in the quarterly forecast resolution. BE IT FURTHER RESOLVED that additional project costs exceeding 15% of the original agreement will require a separate resolution. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this resolution to the Road Commission for Oakland County, Oakland County Fiscal Services and the Township of Novi. BE IT FURTHER RESOLVED the FY 2020 budget will be amended as follows: GENERAL FUND (#10100) FY 2020 Revenue 9010101-196030-665882 Planned Use of Balance $318 Total Revenue $318 Expenditures 9010101-153010-740135 Road Commission Tri-Party $318 Total Expenditures $318 Chairperson, I move the adoption of the foregoing resolution. GWEN MARKHAM Copy of Correspondence from Thomas G. Noechel, Programming Supervisor, Copy of Correspondence from Shannon J. Miller, Deputy-Secretary/Clerk of the Board, Cost Participation Agreement and Exhibit A – Estimated Project Cost Incorporated by Reference. Original on file in County Clerk’s office. The Chairperson referred the resolution to the Economic Growth and Infrastructure Committee. There were no objections. MISCELLANEOUS RESOLUTION #19382 BY: Commissioner William Miller, District #14 IN RE: BOARD OF COMMISSIONERS - SUPPORT FOR THE “DRIVE SAFE” PACKAGE OF BILLS – MICHIGAN SENATE BILLS 631 AND 632 AND HOUSE BILLS 5192 AND 5193 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Michigan extended a universal right to hold a driver’s license to all Michigan residents who were capable and qualified to pass a knowledgeable and practical driving test until 2008 when the rights of some Michiganders, who were unable to provide proof of legal presence, were revoked; and WHEREAS current immigration law systematically excludes many members of our immigrant communities from a path to permanent status or even temporary legal presence and therefore rendered those residents unable to obtain a Michigan driver’s license since 2008; and WHEREAS all persons (including immigrants) without a driver’s license experience a diminished quality of life affecting their ability to take care of themselves and their families, work and attend school, and fully participate in the community they call home; and WHEREAS this nation has a strong tradition and heritage in welcoming immigrants, but unfortunately it also has a history of xenophobic, segregationist, and unequal policies that discriminate against and disproportionately affect immigrants; and WHEREAS immigrants who are prevented access to a driver’s license continue to experience daily anxiety, toxic stress, and perpetual worry that if they drive without a license, they are likely to be targeted and/or detained by federal immigration officials; and WHEREAS undocumented immigrants have the same hopes, fears, and dreams as every other member of our community; and WHEREAS we acknowledge their humanity and support them in their struggle for permanent protection, dignity, and respect; and WHEREAS in recent years, new laws have been passed that now offer drivers’ licenses to immigrants residing in the following states and territories: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Nevada, New Mexico, New York, Oregon, Puerto Rico, Utah, Vermont, Washington, and Washington D.C.; and Commissioners Minutes Continued. November 20, 2019 714 WHEREAS the “Drive SAFE” (Safety, Access, Freedom, and the Economy) package of bills apply to Michigan residents who meet the definition of having a residence in Michigan, including those who may not be able to prove their lawful presence; and WHEREAS Senate Bill 631 and House Bill 5192 would require the Secretary of State — after developing rules in cooperation with law enforcement, immigrants’ rights groups and other interested parties — to issue a driver’s license to applicants who satisfy all other requirements for a license. Senate Bill 632 and House Bill 5193 would do the same for the issuance of a state identification card. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners calls on the State of Michigan and its leaders to support the restoration of driving rights of Michiganders by passing The Drive SAFE package of bills speedily. BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward copies of the adopted resolution to the Governor of the State of Michigan, the Secretary of State of the State of Michigan, the Attorney General of the State of Michigan,the State Senate Majority and Minority leaders, the State House Speaker and Minority leader, and the members of the Oakland County delegation to the Michigan Legislature. Chairperson, we move the adoption of the foregoing resolution. WILLIAM MILLER, KRISTEN NELSON, GARY MCGILLIVRAY, GWEN MARKHAM, PENNY LUEBS, JANET JACKSON, ANGELA POWELL, HELAINE ZACK, NANCY QUARLES The Chairperson referred the resolution to the Legislative Affairs and Government Operations Committee. There were no objections MISCELLANEOUS RESOLUTION #19383 BY: Commissioner William Miller District #14 IN RE: BOARD OF COMMISSIONERS- SUPPORT FOR NEUTRALITY AGREEMENTS AND CARD CHECK RECOGNITION AT THE OAKLAND COUNTY To Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS collectively bargained language providing for employer neutrality in future organizing campaigns began to appear in the late 1970s; and WHEREAS by the late 1990s, as unions bargained for neutrality protection with greater frequency, these agreements had become a central component of the labor movement’s organizing strategy; and WHEREAS neutrality agreements combined with card check recognition provide a distinct mechanism enabling employees to select representatives for purposes of collective bargaining; and WHEREAS a card check recognition is a different approach to labor movement organizing, which displaces the National Labor Relations Board (NLRB) supervised elections with negotiated agreements; and WHEREAS a card check recognition is a contract between a union and an employer under which the employer agrees to support a union’s attempt to organize its workforce; and WHEREAS if the Labor Organization has valid authorization cards from a majority (50%+1) of the unrepresented employees working in a Department or County job family, the County shall recognize the Labor Organization as the collective bargaining representative of those employees; and WHEREAS if the Labor Organization represents County employees in any other bargaining unit at the time of the demand for card check recognition, the County may, at its election, condition card check recognition upon the addition of the newly represented employees into the existing unit; and WHEREAS within 14 days of recognition, the parties shall meet to start the good faith Bargaining; and WHEREAS in order to determine whether the Labor Organization has obtained valid authorization cards from the majority of the employees working in a Department, the following procedures shall apply: a) The Labor Organization shall initiate the recognition verification process by delivering to the Director of Human Resources at Oakland County a written Demand for Recognition. b) Within 5 business days after receipt of the Demand for Recognition by the Director of Human Resources the parties will contact the Federal Mediation and Conciliation Services (FMCS) for an appointment of a Mediator who can most expeditiously check the authorization cards as set forth herein. Commissioners Minutes Continued. November 20, 2019 715 c) Within 5 business days of receipt of the Demand for Recognition, Oakland County shall send to the Labor Organization a list of names of all employees working in the classification as of the date the Demand of Recognition was delivered to the Director of Human Resources. This list shall serve as the eligibility list. d) At a time and date mutually agreed upon by the parties or absent agreement, a time and date determined by the Mediator, the Mediator and parties shall meet at the County and the Mediator shall compare the original authorization cards obtained by the Labor Organization against the original handwritten exemplars of the employees furnished by the County. e) The Mediator shall examine the authorization cards and determine whether the majority of the employees employed by the County in the classification(s) on the date the Demand for Recognition was delivered to the Director of Human Resources have executed and dated valid authorization cards. WHEREAS in order to be counted as a valid authorization card toward majority status for the Labor Organization the authorization card shall: a) State that the employee designates the Labor Organization as his/her exclusive bargaining representative for purposes of collective bargaining. b) Be signed and dated by the employee. c) The date that the authorization card was signed shall be within one (1) year of the date that the Demand for Recognition was delivered to the Director of Human Resources. d) The employee must be employed by the County on the date the Demand for Recognition was delivered to the Director of Human Resources. e) The Mediator shall certify the results of the card check on the “Statement of Results of Card Check.” WHEREAS if any dispute shall arise between the parties over their agreement, the unit, the card check or the authorization cards, it shall be resolved in arbitration by an arbitrator mutually selected by the parties. The original authorization cards shall remain confidential, but the arbitrator may review the cards in an on- camera review. NOW THEREFORE BE IT RESOLVED that the Oakland County shall recognize the neutral agreements and card check recognition as a valid mechanism for future collective bargaining agreements. Chairperson, we move the adoption of the foregoing resolution. WILLIAM MILLER, KRISTEN NELSON, GARY MCGILLIVRAY, GWEN MARKHAM, ANGELA POWELL, JANET JACKSON, HELAINE ZACK, DAVID WOODWARD, NANCY QUARLES The Chairperson referred the resolution to the Legislative Affairs and Government Operations Committee. There were no objections. MISCELLANEOUS RESOLUTION #19384 BY: Commissioner David T. Woodward, District #19 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2019 APPROPRIATION – CITY OF ROYAL OAK – TRAFFIC SIGNAL UPGRADE AND STREET LIGHTING ON 12 MILE ROAD – PROJECT NO. 54651 To the Oakland County Board of Commissioners: Chairperson, Ladies and Gentlemen: WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the Tri-Party Road Improvement Program to assist Oakland County’s cities, villages and townships (CVTs) with the construction, maintenance and repair of roads under the supervision, direction and control of the Road Commission for Oakland County (RCOC); and WHEREAS on December 6, 2018, the Board of Commissioners approved Miscellaneous Resolution #18446 which designated $4,372,189 in fund balance for the Tri-Party Road Improvement Program for projects managed by the RCOC; and WHEREAS the City of Royal Oak, along with the RCOC, has identified a project and said project is ready to be undertaken immediately; and WHEREAS the RCOC has appropriated its one-third (1/3) share of the funding for the project in the City of Royal Oak and said appropriation has been transferred to a project account; and Commissioners Minutes Continued. November 20, 2019 716 WHEREAS the City of Royal Oak has demonstrated that it has authorized its one-third (1/3) share of the funding for the project and has executed a contract for payment with the RCOC; and WHEREAS Oakland County’s one-third (1/3) share of the authorized amount of Tri-Party Road Improvement funding for Project No. 54651 in the City of Royal Oak is $35,056; and WHEREAS funding is available in the General Fund Assigned Fund Balance for Tri-Party 2019 and prior funding (account #383510) for Project No. 54651 in the amount of $35,056. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the City of Royal Oak and authorizes the release of Tri-Party Road Improvement Program funds from the Oakland County Assigned Fund Balance. BE IT FURTHER RESOLVED additional project costs, not greater than 15% from the original agreement, which are consistent with the project as originally approved, will be paid when invoiced and appropriated in the quarterly forecast resolution. BE IT FURTHER RESOLVED that additional project costs exceeding 15% of the original agreement will require a separate resolution. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this resolution to the Road Commission for Oakland County, Oakland County Fiscal Services and the City of Royal Oak. BE IT FURTHER RESOLVED the FY 2020 budget will be amended as follows: GENERAL FUND (#10100) FY 2020 Revenue 9010101-196030-665882 Planned Use of Balance $35,056 Total Revenue $35,056 Expenditures 9010101-153010-740135 Road Commission Tri-Party $35,056 Total Expenditures $35,056 Chairperson, I move the adoption of the foregoing Resolution. DAVID WOODWARD Copy of Correspondence from Thomas G. Noechel, Programming Supervisor, Copy of Correspondence from Shannon J. Miller, Deputy-Secretary/Clerk of the Board, Cost Participation Agreement and Exhibit A – Estimated Project Cost Incorporated by Reference. Original on file in County Clerk’s office. The Vice-Chairperson referred the resolution to the Economic Growth and Infrastructure Committee. There were no objections. MISCELLANEOUS RESOLUTION #19385 BY: Commissioner David T. Woodward, District #19 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR HOUSE BILL 5229, REVISING THE MUNICIPAL PARTNERSHIP ACT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS House Bill 5229, sponsored by Rep. Jason Sheppard (R-Temperance), amends the Municipal Partnership Act (MPA); and WHEREAS the Municipal Partnership Act (MPA), PA 258, was enacted in 2011 to allow greater regional cooperation between local governments (counties, cities, townships, and villages) to foster more efficient and effective service delivery; and WHEREAS with voter approval, municipal partnerships can levy millages to fund specific operations; and WHEREAS revising the MPA will create a foundation for Oakland, Wayne, Washtenaw counties to create a three-county regional transit plan; and WHEREAS the proposed amendments in HB 5229 state that approval for a municipal partnership be by majority vote within each participating jurisdiction, any taxes levied by a joint endeavor for transportation purposes must not be captured by any other governmental entity for alternate purposes, and it exempts municipal partnerships from millage caps in the same way as other regional initiatives, such as the DIA and Zoo authorities, are exempt. Commissioners Minutes Continued. November 20, 2019 717 NOW THEREFORE IT BE RESOLVED that the Oakland County Board of Commissioners expresses its support for House Bill 5229. BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward copies of this adopted resolution to all Oakland County cities, villages, and townships, the Governor of the State of Michigan, the members of the Michigan congressional delegation, the State House Speaker and Minority leader, the State Senate Majority and Minority leaders, and the members of the Oakland County delegation to the Michigan Legislature. Chairperson, we move the adoption of the foregoing resolution. DAVID WOODWARD, JANET JACKSON, KRISTEN NELSON, GWEN MARKHAM, WILLIAM MILLER, NANCY QUARLES, ANGELA POWELL, PENNY LUEBS, HELAINE ZACK, MARCIA GERSHENSON, GARY MCGILLIVRAY The Vice-Chairperson referred the resolution to the Legislative Affairs and Government Operations Committee. There were no objections. Commissioner Powell addressed the Board to thank those that supported her efforts to raise funding for the redevelopment of affordable housing in the City of Pontiac. Chairperson David Woodward addressed the Board to thank the volunteers and participants of the “I Voted!” sticker contest. The Board adjourned at 8:49 p.m. to the call of the Chair or December 12, 2019, at 9:30 a.m. LISA BROWN DAVID WOODWARD Clerk Chairperson