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HomeMy WebLinkAboutMinutes - 2020.03.05 - 3279973 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES March 5, 2020 Meeting called to order by Chairperson David Woodward at 10:20 a.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Gershenson, Gingell, Hoffman, Jackson, Kochenderfer, Kowall, Kuhn, Long, Luebs, Markham, McGillivray, Middleton, Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack. (21) EXCUSED ABSENCE WITH NOTICE: None. (0) Quorum present. Invocation given by Marcia Gershenson. Moved by Miller seconded by McGillivray the minutes of the February 6, 2020 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 ON BOARD AGENDA ECONOMIC GROWTH AND INFRASTRUCTURE COMMITTEE d. Economic Development and Community Affairs – FY 2020 Michigan Environment, Great Lakes and Energy (EGLE) Brownfield Redevelopment Grant Application (Reason for Suspension – Waiver of Rule III: Report was taken up by the Finance Committee immediately prior to today’s meeting). ITEMS NOT ON BOARD AGENDA FINANCE COMMITTEE a. Board of Commissioners – Bicentennial Oak Tree Program – Approval of Contract with ReLeaf Michigan for Project Management Services (Reason for Suspension - Waiver of Rule III: Resolution was taken up by the Finance Committee immediately prior to today’s meeting). LEGISLATIVE AFFAIRS AND GOVERNMENT OPERATIONS COMMITTEE a. MR #20043 – Board of Commissioners – Support of Michigan Governor’s Executive Order 2019- 19 – Creation of the Poverty Task Force (Reason for Suspension – Waiver of Rule III: Report was taken up by the Legislative Affairs and Government Operations Committee immediately prior to today’s meeting). A sufficient majority having voted in favor, the agenda, as amended was approved. Wendy McBride, Oakland County Elections Division addressed the Board to read a communication from Chairperson David Woodward appointing Commissioners Nancy Quarles (Chair), Gwen Markham and Philip Weipert and designee Lisa Brown, Oakland County Clerk/Register of Deeds to a Study Committee on Reapportionment of the Board of Commissioners. Commissioners Minutes Continued. March 5, 2020 74 Wendy McBride, Oakland County Elections Division addressed the Board to read a communication from Chairperson David Woodward exercising the authority granted under the provisions Rules of the Board, Section IX.H.(1) to authorize the submission of the grant application for the FY 2020 County Veteran Service Fund (CVSF) Grant. Moved by Miller seconded by Nelson the communications be received and filed and the appointments confirmed. A sufficient majority having voted in favor, the communications were received and filed and the appointments confirmed. Chairperson David Woodward made the following statement: “A Public Hearing is now called on the Economic Development and Community Affairs – Resolution Approving the Provisions of a Brownfield Plan for the 149 E. 14 Mile Redevelopment – City of Clawson. Is there anyone present who wishes to speak?” No one requested to speak and the Chairperson declared the Public Hearing closed. Chairperson David Woodward addressed the Board to introduce Commissioners Hoffman, Long and McGillivray and Gerald A. Fisher, Chairperson, Oakland County Parks and Recreation Commission (retired). Commissioners Hoffman, Long and McGillivray addressed the Board to present a proclamation honoring Gerald A. Fisher who served on the Oakland County Parks and Recreation Commission for more than ten years and served as Chairperson from 2011 to 2019. Gerald A. Fisher, Chairperson, Oakland County Parks and Recreation Commission (retired) addressed the Board. Chairperson David Woodward addressed the Board to introduce Commissioner Taub. Commissioner Taub addressed the Board to introduce Commissioner Gershenson and Aneesa Sheikh, 2020 Miss Michigan Teen USA. Commissioners Taub and Gershenson addressed the Board to present a proclamation honoring Aneesa Sheikh, 2020 Miss Michigan Teen USA who is a shining example of a young woman with tremendous potential and is a senior at Bloomfield Hills High School where she will be graduating in June of this year. Aneesa Sheikh, 2020 Miss Michigan Teen USA addressed the Board. The following person addressed the Board during Public Comment: Diane Anderson. Moved by Quarles seconded by Hoffman the resolutions on the amended Consent Agenda be adopted (with accompanying reports being accepted). The vote for this motion appears on page 82. The resolutions on this Consent Agenda follow (annotated by an asterisk {*}): *MISCELLANEOUS RESOLUTION #20046 BY: Commissioner William Miller, Chairperson, Economic Growth and Infrastructure Committee IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – COMPREHENSIVE I.T. SERVICES INTERLOCAL AGREEMENTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan has encouraged governmental entities to share services with each other for efficiency and cost savings; and WHEREAS the Oakland County Department of Information Technology has developed numerous applications to more efficiently conduct governmental operations and is sharing certain applications with other governmental bodies to improve government efficiency and as a means of cost recovery; and Commissioners Minutes Continued. March 5, 2020 75 WHEREAS the Board of Commissioners, pursuant to Miscellaneous Resolution #12153, approved the Department of Information Technology’s Comprehensive Information Technology Services Agreement enabling the Department to make additional technology services available to public bodies; and WHEREAS the Agreement enables the County to provide up to fifteen I.T. Services with appropriate fees, when applicable; and WHEREAS the following entities have requested services as listed below; and Agency Name New / Renew In / Out County Online Payments I OTC Payments II CLEMIS X 71B District Court – Tuscola County N Out X 17th District Court – Redford Township N Out X Taymouth Township N Out X X WHEREAS with the adoption of Miscellaneous Resolution #19007, as amended, the Board of Commissioners clarified that Agreements for public entities within Oakland County and Agreements with public bodies outside of Oakland County that are solely for Emergency Support Services and IT Security Advice may continue to be signed by the Board Chairperson, while Agreements with public bodies outside of Oakland County for all other services, shall be reviewed through the Committee process and must be approved by the Board of Commissioners before they can be signed by the Board Chairperson. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Chairman of the Board to execute the Comprehensive Information Technology Service Agreements including the following Exhibits for services with the following Public Bodies: • 71B District Court – Tuscola County – Exhibit X; • 17th District Court – Redford Township – Exhibit X; • Taymouth Township – Exhibits I and II BE IT FURTHER RESOLVED that upon receipt of final, executed agreements from the designated agents or governing body of the public bodies requesting services, the Board of Commissioners authorizes its Chairperson to execute and enter into these Agreements on behalf of the County of Oakland. BE IT FURTHER RESOLVED that a copy of any such signed, fully executed, Interlocal Agreement shall be provided to the Elections Division of the Oakland County Clerk for transmission to the Office of the Great Seal of Michigan. BE IT FURTHER RESOLVED that the Department of Information Technology will provide a list of all public bodies agreeing to the attached Interlocal Agreement along with its quarterly report to the Economic Growth & Infrastructure Committee. BE IT FURTHER RESOLVED that no budget amendment is recommended at this time. Chairperson, on behalf of the Economic Growth and Infrastructure Committee, I move the adoption of the foregoing resolution. WILLIAM MILLER Copy of Agreement for I.T Services between Oakland County and 71B District Court – Tuscola County, Exhibit X – I.T. Services Agreement – CLEMIS, Addendum A, Agreement for I.T Services between Oakland County and 17th District Court – Redford Township, Exhibit X – I.T. Services Agreement – CLEMIS, Addendum A, Agreement for I.T Services between Oakland County and Taymouth Township, Exhibit I – I.T. Services Agreement – Online Payments and Exhibit II – I.T. Services Agreement – Over the Counter Payments Incorporated by Reference. Original on file in County Clerk’s office. (The vote for this motion appears on page 82). *MISCELLANEOUS RESOLUTION #20047 BY: Commissioner William Miller, Chairperson, Economic Growth and Infrastructure Committee IN RE: ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS –– APPROVAL OF 2020 NOHAZ INTERLOCAL AGREEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Commissioners Minutes Continued. March 5, 2020 76 WHEREAS Oakland County and its northern municipalities are committed to protection of the natural environment and preventing toxic materials from entering our waterways and landfill resources; and WHEREAS the improper handling and disposal of toxic and poisonous household chemicals poses a health risk to our citizens; and WHEREAS recognizing there is a need to provide regular and easily accessible household hazardous waste collection services to North Oakland residents; and WHEREAS collection events for household hazardous waste are widely accepted as the best way to provide citizens with a safe way to dispose of these toxic and poisonous household chemicals, help meet Phase II Stormwater Protection requirements, encourage pollution prevention and enhance environmental health and safety in the home; and WHEREAS Oakland County, through its Department of Economic Development and Community Affairs has facilitated the creation of the North Oakland Household Hazardous Waste Consortium (NoHaz); and WHEREAS participating municipalities have appointed an official representative to the NoHaz Consortium Board; and WHEREAS the NoHaz Consortium has developed a household hazardous waste collection program; and WHEREAS the municipalities recognize and agree that absent an agreement with the County, the County has no obligation to facilitate such a program; and WHEREAS the County’s Corporation Counsel has reviewed and approved an Interlocal Agreement between the County and a number of municipalities in Oakland County for the creation of a program to collect household hazardous waste; and WHEREAS to date, the following municipalities have approved the Interlocal Agreement: Addison Township, Groveland Township, City of Lake Angelus, Independence Township, Oakland Township, Oxford Township, Orion Township, City of Pontiac, City of Rochester, Rose Township, Springfield Township and Waterford Township; and WHEREAS Oakland County is reimbursed by the member communities for all costs and expenses associated with the facilitation of this program. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached Interlocal Agreement and authorizes the Chairperson of the Board of Commissioners to sign the Agreement with all municipalities who have signed the Interlocal Agreement and passed a resolution in support thereof. BE IT FURTHER RESOLVED that a budget amendment is not required as the FY 2020 budget includes related revenues and expenditures for the 2020 NoHaz program. Chairperson, on behalf of the Economic Growth and Infrastructure Committee, I move the adoption of the foregoing resolution. WILLIAM MILLER Copy of North Oakland County Household Hazardous Waste Interlocal Agreement between Oakland County and [Name of Municipality], Exhibit A – 2020 Projected NoHaz Budget and Exhibit B – 2020 Estimated Costs Incorporated by Reference. Original on file in County Clerk’s office. (The vote for this motion appears on page 82). *MISCELLANEOUS RESOLUTION #20048 BY: Commissioner William Miller, Chairperson, Economic Growth and Infrastructure Committee IN RE: ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS - RESOLUTION APPROVING THE PROVISIONS OF A BROWNFIELD PLAN FOR THE 149 E. 14 MILE REDEVELOPMENT - CITY OF CLAWSON PROJECT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners, pursuant to and in accordance with the provisions of the Brownfield Redevelopment Financing Act, being Act 381 of the Public Acts of the State of Michigan of 1996, as amended (the “Act”), have established a redevelopment of Brownfields Redevelopment Authority and Board known as the Oakland County Brownfield Redevelopment Authority (OCBRA) to facilitate the cleanup and redevelopment of Brownfields within Oakland County’s communities; and Commissioners Minutes Continued. March 5, 2020 77 WHEREAS the 149 E. 14 Mile site in the City of Clawson (the “Property”) is defined as facility under state statute; and WHEREAS a Brownfield clean up and redevelopment plan amendment (the “Plan”) has been prepared to restore the environmental and economic viability of this parcel; and WHEREAS pursuant to OCBRA by-laws, a local committee has been appointed, participated in discussions regarding the proposed plan and project, reviewed the plan, and recommends its approval; and WHEREAS the City of Clawson has reviewed the Plan, and has been provided a reasonable opportunity to express views and recommendations regarding the Plan in accordance with Sections 13 (13) of the Act, and has concurred with the provisions of the Plan; and WHEREAS the OCBRA, pursuant to and in accordance with Section 13 of the Act, has approved a resolution (attached) adopting the Plan, and recommends the adoption of the Plan by the Oakland County Board of Commissioners to be carried out within the City of Clawson relating to the 149 E. 14 Mile redevelopment in the City of Clawson; and WHEREAS the developer, Broadway Square, LLC, will assume Brownfield related eligible activity development costs estimated at $262,250 with a potential $31,418 contingency resulting in a total reimbursement in a not-to-exceed amount of $293,668. Costs include baseline environmental assessments, lead, asbestos abatement, and demolition activities; and WHEREAS the cost of these eligible plan activities will be reimbursed to the developer by the OCBRA from State school tax capture based on the incremental difference on the taxable value of the property; estimated at $2,850,000 of total tax capture over a four (4) year period; and Total tax capture consists of the following: Developer Reimbursement $293,668 Local Brownfield Revolving Fund $0 State Revolving Fund $ 52,272 OCBRA Admin Fees $0 Total Tax Capture $345,940 WHEREAS there is no tax capture for the County as the City of Clawson is considering a ten (10) year Michigan PA 210 Commercial Rehabilitation Act tax abatement; which would abate all incremental local taxes. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby adopt the Brownfield Redevelopment Plan to be carried out within the City of Clawson, relating to the 149 E. 14 Mile redevelopment. BE IT FURTHER RESOLVED that a public hearing on the adoption of the Brownfield Plan approved by the Oakland County Brownfield Redevelopment Authority for the 149 E. 14 Mile redevelopment in the City of Clawson shall be held on March 5, 2020, at 9:30 AM in the Oakland County Board of Commissioners’ Auditorium, 1200 North Telegraph Road, Pontiac, Michigan. BE IT FURTHER RESOLVED no budget amendment is required. Chairperson, on behalf of the Economic Growth and Infrastructure Committee, I move the adoption of the foregoing resolution. WILLIAM MILLER Copy of Resolution to Approve a Brownfield Redevelopment Plan for the 149 East 14 Mile City of Clawson Brownfield Site, Establishment of a Committee for the Ford 149 East 14 Mile Brownfield Site, Oakland County Brownfield Redevelopment Authority – Brownfield Plan – 149 E. 14 Mile Road, Clawson, Michigan 48017, Attachment A – Site Maps and Photographs, Attachment B – Legal Description, Attachment C – Tables, Correspondence from Paul Owens, District Supervisor, Warren District Office, Michigan Department of Environment, Great Lakes and Energy, Remediation and Redevelopment Division and Post- Closing Remediation Agreement Incorporated by Reference. Original on file in County Clerk’s office. (The vote for this motion appears on page 82). *REPORT (MISC. #20049) BY: Commissioner Helaine Zack, Chairperson, Finance Committee IN RE: ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS – FY 2020 MICHIGAN ENVIRONMENT, GREAT LAKES AND ENERGY (EGLE) BROWNFIELD REDEVELOPMENT GRANT APPLICATION Commissioners Minutes Continued. March 5, 2020 78 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above-referenced resolution on March 5, 2020, reports with the recommendation that the resolution be adopted. Chairperson, on behalf of the Finance Committee, I move the acceptance of the foregoing report. HELAINE ZACK MISCELLANEOUS RESOLUTION #20049 BY: Commissioner William Miller, Chairperson, Economic Growth and Infrastructure Committee IN RE: ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS – 2020 MICHIGAN DEPARTMENT OF ENVIRONMENT, GREAT LAKES AND ENERGY (EGLE) BROWNFIELD REDEVELOPMENT GRANT APPLICATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Economic Development and Community Affairs (EDCA) department in collaboration with the Michigan Department of Environment, Great Lakes and Energy (EGLE) and Oxford Township, is requesting grant funding in the amount of $1,000,000 to remediate lead contamination from a property in Oxford Township that currently houses a foster care facility for children, and WHEREAS the 2020 grant program period would be April 1, 2020 to March 31, 2022; and WHEREAS the 2020 grant application is requesting $1,000,000 of which $770,000 would be used for cleanup costs, $80,000 for oversight and administrative costs, and the $150,000 contingency; and WHEREAS there is no match requirement; and WHEREAS this grant application 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 submission of the 2020 Michigan (EBLE) Brownfield Redevelopment Grant Application to the Michigan Department of Environment, Great Lakes and Energy (EGLE), for the period April 1, 2020 through March 31, 2022, in the amount of $1,000,000. BE IT FURTHER RESOLVED that application 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 no budget amendment is required at this time. Chairperson, on behalf of the Economic Growth and Infrastructure Committee, I move adoption of the foregoing resolution. WILLIAM MILLER Copy of Grant Review Sign-Off – Economic Development and Community Affairs – Michigan Brownfield Redevelopment Program, Michigan Brownfield Redevelopment Program – Grant and Loan Application, Attachment 1 – Letter from Oakland County Executive David Coulter, Attachment 2 – Maps Depicting Location of Project Area, Site Boundaries, etc., Attachment 4 – Digital Photos of Site, Attachment 5 – Property Transfer Affidavit, Attachment 6 – Consent for Access to Property from Jason Dunn, Director, House of Providence and Attachment 7 – Project Proposal Update to Reflect Current Project Conditions Incorporated by Reference. Original on file in County Clerk’s office. (The vote for this motion appears on page 82). *MISCELLANEOUS RESOLUTION #20050 BY: Commissioner William Miller, Chairperson, Economic Growth and Infrastructure Committee IN RE: CIRCUIT COURT/FACILITIES PLANNING AND ENGINEERING – MODIFICATIONS TO THE JUVENILE INTAKE REMODELING PROJECT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Juvenile Court’s Juvenile Intake Office in the East Wing of the courthouse is a function of the Family Division which handles matters involving adoption, child protective proceedings, juvenile delinquency, juvenile traffic, and Personal Protection Orders (PPO); and Commissioners Minutes Continued. March 5, 2020 79 WHEREAS the original project, approved via Miscellaneous Resolution (MR) #18321, expands the waiting room for Juvenile Intake and PPOs; relocates several staff offices and remodels four hearing rooms, increasing their size and relocating them away from the lobby to the south end of the wing where the old word processing office used to be and several offices will be vacated; and WHEREAS additional modifications to the original plans and increased market prices are affecting the project cost; and WHEREAS subject to the permit process, the City of Pontiac Building Department is requesting that Facilities Planning & Engineering (FPE) apply current electrical code upgrades beyond the area involved in the original project thus affecting much of the division; and WHEREAS the division has also requested additional security measures beyond the original scope of the project; and WHEREAS the contingency has been increased in the amount of $17,829 to address any other minor cost variations that may arise; and WHEREAS the total costs of the new project are now estimated at $462,010, which includes the costs of the original project, as identified via MR #18321 in the amount of $325,316, as well as the costs of the additional modifications for the project, in the amount of $136,694; and WHEREAS the costs of the additional modifications, in the amount of $136,694, will include annual (competitively bid) contractors in order to complete the work; and WHEREAS funding in the amount of $136,694 is available for transfer from the FY 2020 Capital Improvement Program/Building Fund (#40100) to the Project Work Order Fund (#40400) for Modifications to the Juvenile Intake Remodeling Project. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes additional funding for Modifications to the Juvenile Intake Remodeling Project in the amount of $136,694. BE IT FURTHER RESOLVED that the Board of Commissioners authorizes the transfer of funding to the existing Juvenile Intake Remodeling Project (#100000002848) in the amount of $136,694 from the Capital Improvement Program/Building Fund (#40100) to the Project Work Order Fund (#40400) as detailed below: FY 2020 BUILDING IMPROVEMENT FUND (#40100) 1040801-148020-788001-40400 Transfer Out ($136,694) PROJECT WORK ORDER FUND (#40400) Project ID 100000002848, Activity PROJ 1040801-148020-695500-40100 Transfer In $136,694 $ -0- Chairperson, on behalf of the Economic Growth and Infrastructure Committee, I move the adoption of the foregoing resolution. WILLIAM MILLER Copy of Attachment 1 (a) – Original Project Estimate and Attachment 1 (b) – New Project Estimate on file in County Clerk’s office. (The vote for this motion appears on page 82). *MISCELLANEOUS RESOLUTION #20051 BY: Commissioner Helaine Zack, Chairperson, Finance Committee IN RE: BOARD OF COMMISSIONERS – BICENTENNIAL OAK TREE PROGRAM – APPROVAL OF CONTRACT WITH RELEAF MICHIGAN FOR PROJECT MANAGEMENT SERVICES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution (MR) #19412 established the Bicentennial Oak Tree Program Policy, governing the purchase and distribution of oak trees throughout Oakland County; and WHEREAS the distribution of 20,000 oak tree seedlings necessitates a partner qualified to execute the project management for the delivery, sorting, and distribution component of the Bicentennial Oak Tree Program; and WHEREAS the 20,000 Oaks Subcommittee has consulted with local ecology experts to partner and collaborate on the most effective model for care and distribution of oak trees in Oakland County; and Commissioners Minutes Continued. March 5, 2020 80 WHEREAS it is the recommendation of the 20,000 Oaks Subcommittee that the Oakland County Board of Commissioners approve and authorize a contract with ReLeaf Michigan, who has the expertise necessary to fulfill project management services as determined by the program plan; and WHEREAS in accordance with the Compliance Office Purchasing Unit procedures, the subcommittee has determined that the Bicentennial Oak Tree Program will be best facilitated by authorizing a one-time provision of funding for project management services for the distribution of oak trees under the Bicentennial Oak Tree Program; and WHEREAS funding in the amount of $75,000 has been appropriated to the 20,000 Oaks Subcommittee through MR #19412; and WHEREAS the contract is an amount not to exceed $11,500 with a term ending September 30, 2020; and WHEREAS funding is available in the Board of Commissioner’s 2020 operating budget. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves entering into a contract with ReLeaf Michigan for an amount not to exceed $11,500, to provide project management services for the Bicentennial Oak Tree Program. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board to execute the contract with ReLeaf Michigan for the Bicentennial Oak Tree Program, subject to review by the County Executive contract review process. BE IT FURTHER RESOLVED no budget amendment is required as funding for this contract is to come from the existing $75,000 appropriated with MR# 19412. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. HELAINE ZACK (The vote for this motion appears on page 82). *MISCELLANEOUS RESOLUTION #20052 BY: Commissioner Penny Luebs, Chairperson, Healthy Communities and Environment Committee IN RE: PARKS AND RECREATION COMMISSION – APPROVAL OF OAKLAND COUNTY PARKS AND RECREATION COMMISSION 2020 RULES AND REGULATIONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Parks and Recreation Commission was established by the Oakland County Board of Supervisors in 1966 under Public Act (P.A.) 261; and WHEREAS P.A. 261 includes a provision to allow county parks commissions to make rules for the protection, regulation and control of all its facilities and areas with the approval of the Oakland County Board of Commissioners; and WHEREAS the Oakland County Parks and Recreation Commission has established rules and regulations for this protection, regulation and control; and WHEREAS revisions for clarification purposes are requested, which have been reviewed and approved by the Oakland County Corporation Counsel; and WHEREAS the Oakland County Parks and Recreation Commission approved the revisions to the 2020 General Information Rules and Regulations as reviewed by Oakland County Corporation Counsel at its February 5, 2020 meeting. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the 2020 revisions to the Oakland County Parks and Recreation Commission Rules and Regulations. BE IT FURTHER RESOLVED that no budget amendment is required. Chairperson, on behalf of the Healthy Communities and the Environment Committee, I move the adoption of the foregoing resolution. PENNY LUEBS Copy of Oakland County Parks and Recreation Rules and Regulations Draft Version and Oakland County Parks and Recreation Rules and Regulations Revised Draft Version on file in County Clerk’s office. (The vote for this motion appears on page 82). Commissioners Minutes Continued. March 5, 2020 81 *MISCELLANEOUS RESOLUTION #20053 BY: Commissioner Gary McGillivray, Chairperson, Public Safety and Social Justice Committee IN RE: SHERIFF'S OFFICE – FISCAL YEAR 2020 SECONDARY ROAD PATROL AND TRAFFIC ACCIDENT PREVENTION PROGRAM GRANT AMENDMENT OVER 15% To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Sheriff’s Office (OCSO) was originally awarded $719,015 in grant funding from the Michigan Department of State Police (MSP) - Office of Highway Safety Planning (OHSP) from Public Act 416 to conduct secondary road patrol activities for the period October 1, 2019 through September 30, 2020; and WHEREAS Miscellaneous Resolution #20039 was approved by the Public Safety and Social Justice Committee on January 28, 2020 and the Board of Commissioners on February 06, 2020; and WHEREAS the OCSO received notification that they would receive an additional allocation of $169,180 for Fiscal Year (FY) 2020, bringing the total grant award amount to $888,195; and WHEREAS $67,716 will be used to create one (1) Special Revenue (SR) full-time eligible (FTE) Deputy II position in the Sheriff’s Office/Patrol Services/Traffic Unit (#4030630); and WHEREAS the position cost of $67,716 has been prorated to cover the remaining timeframe of the grant period (March through September); and WHEREAS funding will also be used for the following: $42,000 in overtime for all Secondary Road Patrol positions, $29,464 for mileage, and $30,000 to purchase a small unmanned aircraft system (sUAS) that will work in tandem with the GPS total stations purchased with last year’s grant to be utilized by our Crash Reconstruction Unit to efficiently capture data/evidence to help clear the roadway as quickly and safely as possible; and WHEREAS this grant 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 approves the Fiscal Year 2020 Secondary Road Patrol Grant amendment from the Michigan Department of State Police - Office of Highway Safety Planning in the amount of $169,180, increasing the total grant award amount to $888,195 for the period October 1, 2019 through September 30, 2020. BE IT FURTHER RESOLVED to create one (1) SR funded full-time eligible Deputy II position in the Sheriff’s Office/Patrol Services/Traffic Unit (#4030630). 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 application 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 are contingent upon future levels of grant funding. BE IT FURTHER RESOLVED that the FY 2020 budget is amended as follows: SHERIFF ROAD PATROL (#27345) GR#0000000142, Budget Ref 2020 Activity: GLB, Analysis: GLB FY 2020 Revenue 4030601-110010-615571 State Operating Grants $169,180 Total Revenue $169,180 Expenditures 4030601-110010-702010 Salaries Regular $41,200 4030601-110010-712020 Overtime 42,000 4030601-110010-722900 Fringe Benefit Adjustments 26,516 4030601-110010-760157 Capital Equipment 30,000 4030601-110010-776659 Motor Pool Fuel 29,464 Total Expenditures $169,180 Chairperson, on behalf of the Public Safety and Social Justice Committee, I move adoption of the foregoing resolution. Commissioners Minutes Continued. March 5, 2020 82 GARY MCGILLIVRAY Copy of Grant Review Sign-Off – Sheriff’s Office – FY 2020 Secondary Road Patrol Grant, Correspondence from Michael L. Prince, Director, Michigan Department of State Police, Office of Highway Safety Planning, Secondary Road Patrol and Traffic Accident Prevention Program Contract and Secondary Road Patrol and Traffic Accident Prevention Program Contract and Adjustment Request Incorporated by Reference. Original on file in County Clerk’s office. Vote on Consent Agenda, as amended: AYES: Gingell, Hoffman, Jackson, Kochenderfer, Kowall, Kuhn, Long, Luebs, Markham, McGillivray, Middleton, Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack, Gershenson. (21) 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. There were no items to report on the Regular Agenda for the Healthy Communities and Environment Committee. REPORT (MISC. #20043) BY: Nancy Quarles, Chairperson, Legislative Affairs and Government Operations Committee IN RE: BOARD OF COMMISSIONERS – SUPPORT OF MICHIGAN GOVERNOR’S EXECUTIVE ORDER 2019-19 - CREATION OF THE POVERTY TASK FORCE 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 March 5, 2020, 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 #20043 BY: Commissioners Janet Jackson, District #21; Gwen Markham, District #9; Penny Luebs, District #16; Kristen Nelson, District #5; David Woodward, District # 19, Helaine Zack, District #18; Marcia Gershenson, District #13 IN RE: BOARD OF COMMISSIONERS – SUPPORT OF MICHIGAN GOVERNOR’S EXECUTIVE ORDER 2019-19 – CREATION OF THE POVERTY TASK FORCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS despite overall improvement in employment and gains in median income, the economic recovery in Michigan has been uneven; and WHEREAS according to the Asset Limited, Income Constrained, Employment (ALICE) Report by the Michigan Association of United Ways, in 2017, 1.66 million households (43% of the Michigan population) cannot afford basic household necessities; and WHEREAS in Oakland County, 32% of total households are low income or living in poverty; and WHEREAS a growing portion of household have income that cannot afford the actual costs of housing, childcare, food, health care, technology and transportation; and WHEREAS there is no single face to this problem and no matter how poverty is viewed or measured, too many residents still lack the opportunity they deserve to get ahead; and Commissioners Minutes Continued. March 5, 2020 83 WHEREAS Section 51 of Article 4 of the Michigan Constitution of 1963 declares the public health and general welfare of the people of the State of Michigan as matters of primary public concerns; and WHEREAS the Governor of the State of Michigan issued Executive Order 2019-19 on December 18, 2019, creating the Michigan Poverty Task Force; and WHEREAS the Task Force is an inter-agency advisory body within the Department of Labor and Economic Opportunity (LEO) that will research, identify, recommend, and implement strategies for reducing poverty in Michigan; and WHEREAS there is a need for comprehensive and effective solutions to ensure the working people and their families are not held behind. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners strongly supports Governor’s Executive Order 2019-19, which created the Poverty Task Force. 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 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. JANET JACKSON, GWEN MARKHAM, WILLIAM MILLER, KRISTEN NELSON, PENNY LUEBS, NANCY QUARLES, ANGELA POWELL, HELAINE ZACK, MARCIA GERSHENSON, GARY MCGILLIVRAY Moved by Jackson seconded by Quarles 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. Moved by Taub seconded by Middleton the resolution be amended as follows: Add additional BE IT FURTHER RESOLVED: BE IT FURTHER RESOLVED that Oakland County will not raise taxes and fees which might put the 32% of low income houses into further debt. Chairperson David Woodward ruled the proposed amendment not germane to the resolution before the Board. Moved by Taub seconded by Middleton to challenge the ruling of the Chairperson. Discussion followed. A sufficient majority not having voted in favor, the ruling of the Chairperson was upheld. Commissioner Taub requested a roll call vote on the challenge to the ruling of the Chairperson. Vote on challenge to the ruling of the Chairperson: AYES: Hoffman, Kochenderfer, Kowall, Kuhn, Long, Middleton, Spisz, Taub, Weipert, Gingell. (10) NAYS: Jackson, Luebs, Markham, McGillivray, Miller, Nelson, Powell, Quarles, Woodward, Zack, Gershenson. (11) A sufficient majority not having voted in favor, the ruling of the Chairperson was upheld. Commissioners Minutes Continued. March 5, 2020 84 Moved by Taub seconded by Middleton the resolution be amended as follows: Add additional BE IT FURTHER RESOLVED: BE IT FURTHER RESOLVED that the State of Michigan will not raise taxes and fees which might put the 32% of low income houses into further debt. Chairperson David Woodward ruled the proposed amendment not germane to the resolution before the Board. Moved by Taub seconded by Middleton to challenge the ruling of the Chairperson. Discussion followed. A sufficient majority not having voted in favor, the ruling of the Chairperson was upheld. Commissioner Taub requested a roll call vote on the challenge to the ruling of the Chairperson. Vote on challenge to the ruling of the Chairperson: AYES: Kochenderfer, Kowall, Kuhn, Long, Middleton, Spisz, Taub, Weipert, Gingell, Hoffman. (10) NAYS: Jackson, Luebs, Markham, McGillivray, Miller, Nelson, Powell, Quarles, Woodward, Zack, Gershenson. (11) A sufficient majority not having voted in favor, the ruling of the Chairperson was upheld. Moved by Taub seconded by Middleton the resolution be amended as follows: Add additional language in the 8th WHEREAS: WHEREAS the Task Force is an inter-agency advisory body within the Department of Labor and Economic Opportunity (LEO) that will research, identify, recommend, and implement strategies for reducing poverty in Michigan, as well as the impact of raising taxes on those in near poverty; and Chairperson David Woodward ruled the proposed amendment not germane to the resolution before the Board. Discussion followed. Moved by Taub seconded by Middleton to challenge the ruling of the Chairperson. Commissioner Taub requested a roll call vote on the challenge to the ruling of the Chairperson. Vote on challenge to the ruling of the Chairperson: AYES: Kochenderfer, Kowall, Kuhn, Long, Middleton, Spisz, Taub, Weipert, Gingell, Hoffman. (10) NAYS: Luebs, Markham, McGillivray, Miller, Nelson, Powell, Quarles, Woodward, Zack, Gershenson, Jackson. (11) A sufficient majority not having voted in favor, the ruling of the Chairperson was upheld. Vote on resolution, as presented: AYES: Kowall, Kuhn, Long, Luebs, Markham, McGillivray, Middleton, Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack, Gershenson, Gingell, Hoffman, Jackson, Kochenderfer. (21) NAYS: None. (0) Commissioners Minutes Continued. March 5, 2020 85 A sufficient majority having voted in favor, the resolution, as presented, 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 March 18, 2020 Board of Commissioners Meeting as requested by Commissioner Taub. MISCELLANEOUS RESOLUTION #20054 BY: Commissioner Helaine Zack, District #18 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2020 APPROPRIATION – CITY OF HUNTINGTON WOODS – SIDEWALK REPLACEMENT AND ADA RAMP UPGRADES ON 10 MILE ROAD – PROJECT NO. 55611 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 12, 2019, the Board of Commissioners approved Miscellaneous Resolution #19411 which designated $4,602,324 in fund balance for the Tri-Party Road Improvement Program for projects managed by the RCOC; and WHEREAS the City of Huntington Woods, 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 Huntington Woods and said appropriation has been transferred to a project account; and WHEREAS the City of Huntington Woods 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 Fiscal Year 2020 authorized amount of Tri-Party Road Improvement funding for Project No. 55611 in the City of Huntington Woods is $2,535; and WHEREAS funding is available in the General Fund Assigned Fund Balance for Tri-Party 2020 and prior funding (account #383510) for Project No. 55611 in the amount of $2,535. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the City of Huntington Woods 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 Huntington Woods. 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 $2,535 Total Revenue $2,535 Expenditures 9010101-153010-740135 Road Commission Tri-Party $2,535 Total Expenditures $2,535 Chairperson, I move the adoption of the foregoing resolution. HELAINE ZACK Commissioners Minutes Continued. March 5, 2020 86 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, Exhibit A – Estimated Project Cost, Exhibit B – Provisions and Exhibit C – Liability and Insurance Requirements 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 #20055 BY: Commissioner William Miller, District #14 IN RE: BOARD OF COMMISSIONERS – OAKLAND COUNTY CONSTRUCTION PAYMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Michigan’s private sector construction industry suffers from an increasing number of instances of intentional and unreasonable delays when paying invoices for labor, materials and services even though the construction project has been accepted as satisfactory completion by the recipient and is ready for the consumers’ use and enjoyment; and WHEREAS “slow to pay,” a delay of 120 days or more, has become a standard business practice despite a steadily improving economy, especially in respect to the construction market and historically low interest rates; and WHEREAS unjustifiable delays in payments to conscientious contractors with timely completion of the agreed upon work, significantly restricts contractors cash flow, stymies overall employment in the industry, increases future construction cost and weakens competitiveness in the marketplace; and WHEREAS the federal government enacted the Prompt Pay Act in 1982 and later amended the Act in 1988 to include specific provisions relative to construction contracts; and WHEREAS all 50 states, including Michigan (Act 524 of 1980), already have a prompt pay law covering public sector work; and WHEREAS prompt pay laws governing private sector contracts already exist in more than 32 states nationwide, placing Michigan and Oakland County in an unenviable position, along with several other states, that have failed to update their obsolete laws to address the enactment of private sector prompt pay legislation for a serious and debilitating industry problem; and WHEREAS Oakland County’s Construction Payment Resolution is proposing to “slow the pay” problem and promote and enforce the prompt payment for labor, materials and services provided for the improvement of real property in the private contractual construction industry; including certain commercial provisions, remedies and penalties; and WHEREAS this Resolution brings forward greater accountability, equitable timeframes for payment (i.e. 30 days for accepted work), proactive dispute resolution procedures, and permissible grounds to withhold payment under specifically delineated circumstances (e.g. unsatisfactory performance, failure to comply with the terms of the contract, defective construction, etc.); and WHEREAS Oakland County will continue its practice of prompt payment for public sector construction and supports prompt payment for the private sector construction industry in Oakland County and Michigan; and WHEREAS the Oakland County Construction Payment Resolution is the long-awaited pro-business and pro-construction solution to a chronic and growing business practice plaguing the private sector construction industry in our State. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners strongly urge all associations, employers, unions, workers and other industry leaders and stakeholders to fully support the proposed prompt pay legislation. Chairperson, we move the adoption of the foregoing resolution. WILLIAM MILLER, GWEN MARKHAM, HELAINE ZACK, KRISTEN NELSON, NANCY QUARLES, JANET JACKSON, PENNY LUEBS, MARCIA GERSHENSON The Chairperson referred the resolution to the Legislative Affairs and Government Operations Committee. There were no objections. Commissioners Minutes Continued. March 5, 2020 87 MISCELLANEOUS RESOLUTION #20056 BY: Commissioners William Miller, District #14 IN RE: BOARD OF COMMISSIONERS – OPPOSE CHANGES TO THE INADMISSIBILITY ON PUBLIC CHARGE GROUNDS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS on February 24, 2020, the United States Citizenship and Immigration Services (USCIS) and the U.S. Department of State started to implement the Inadmissibility on Public Charge Grounds (Public Charge) final rule nationwide; and WHEREAS the Public Charge ground of inadmissibility has been a part of U.S. immigration policy since the late 1800s. Historically, a public charge has been interpreted to mean a person who is primarily dependent on the government for subsistence; and WHEREAS the Public Charge changes direct the United States Department of State and United States Department of Homeland Security to consider at a minimum - age, health, family status, assets, resources, financial status, education, English level, ability to secure health insurance, pre-existing conditions, credit history, credit score, job offer, and skills as factors when making a Public Charge determination; and WHEREAS because of proposed changes, individuals may be denied a visa to come to the U.S. or the ability to become a Lawful Permanent Resident (LPR, also called getting a green card) if they are deemed likely to become a public charge at any point in in the future; and WHEREAS the new regulations also introduce significant and harmful changes that have fundamentally altered the immigration system, making it much harder for low- and moderate- income immigrants to obtain LPR status (become a “green card holder”) and ultimately citizenship; and WHEREAS the new regulations will have a dramatic impact on families reuniting who have been waiting decades to legally immigrate and will no longer have the ability to do so, or may face an $8,100 bond per person that could be imposed for persons deemed a public charge; and WHEREAS furthermore, the new regulations change our nation’s approach to immigration, making family income and potential use of health care, nutrition or housing programs, now or at any point in the future, a central consideration in whether to offer people an opportunity to make their lives in this country; and WHEREAS according to the Michigan League of Public Policy, the new rule is estimated to cost Michigan over $214 million in federal funding and more than 2,000 lost jobs and the negative ripple effects through the state economy could be as high as $409; and WHEREAS the regulations caused significant harm even before they took effect. Fear and confusion - known as the “chilling effect” - have been causing people to disenroll from programs or to forgo benefits for which they are eligible; and WHEREAS according to a December 2018 nationwide Urban Institute’s Well Being and Basic Needs Survey, about one in seven adults in immigrant families reported a chilling effect where individuals did not participate in a government program for fear of risking future green card status; and WHEREAS in Michigan, it is estimated that the “chilling effect” of the Public Charge changes would extend to 283,000 people, including 114,000 children. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners strongly opposes changes to the Inadmissibility on Public Charge Grounds implemented on February 24, 2020. BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward copies of this adopted resolution to the United States Secretary of State, the Secretary of Homeland Security, acting Director of the United States Citizenship and Immigration Services, the President of the United States Senate, the Speaker of the United States House of Representatives, and members of the Michigan congressional delegation. Chairperson, we move the adoption of the foregoing resolution. WILLIAM MILLER, GWEN MARKHAM, NANCY QUARLES, JANET JAKSON, PENNY LUEBS, MARCIA GERSHENSON, HELAINE ZACK The Chairperson referred the resolution to the Legislative Affairs and Government Operations Committee. There were no objections. Commissioners Minutes Continued. March 5, 2020 88 MISCELLANEOUS RESOLUTION #20057 BY: Commissioners David T. Woodward, District #19; Michael Gingell, District #1; Marcia Gershenson, District #13; William Miller, District #14; Gary McGillivray, District #20; Bob Hoffman, District #2; Gwen Markham, District #9; Adam Kochenderfer, District #15; Nancy Quarles, District #17; Eileen Kowall, District #6; Janet Jackson, District #21; Shelley Taub, District #12; Penny Luebs, District #16; Thomas Kuhn, District #11; Angela Powell, District #10; Helaine Zack, District #18; Kristen Nelson, District #5; Thomas Middleton, District #4; Michael Spisz, District #3; Phil Weipert, District #8; Chris Long, District #7 IN RE: BOARD OF COMMISSIONERS – FACILITATE THE CONSOLIDATION OF THE LAW ENFORCEMENT AND CORRECTIONS OFFICERS/COURT SERVICES BARGAINING UNITS OF THE OAKLAND COUNTY DEPUTY SHERIFF’S ASSOCIATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Deputy Sheriff’s Association (OSDA) represents more than 680 law enforcement, corrections and court services employees that work side by side to protect the people of Oakland County; and WHEREAS due to a ruling of the Michigan Employment Relations Commission in 2007, several classifications of employees, including corrections officers and court services employees were involuntarily severed from membership from the Oakland County Deputy Sherriff’s Association and required to organized as a separate bargaining unit; and WHEREAS it is recognized by the County of Oakland that all employees in the following bargaining units: Oakland County Sheriff’s Command Officer’s Association and Oakland County Deputy Sheriff’s Association, are subjected to the hazards of police work and perform the essential duties of a critical public safety/service nature to the citizens of Oakland County; and WHEREAS the uninterrupted performance of these fundamental public safety duties is necessary for the preservation of and promotion of public safety, order and welfare to the citizens of Oakland County. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners recognizes that it is in the interest of the County of Oakland that all the public safety employees that work side by side to protect our citizens are afforded an opportunity to re-unite under a single collective bargaining unit. BE IT RESOLVED that it is the policy of the County of Oakland that the full-time law enforcement, corrections and court services employee members of the Oakland County Command Officer’s Association and the Oakland County Deputy Sheriff’s Association are afforded the rights and protections as delineated in Public Act 312 of 1969. BE IT FURTHER RESOLVED the Board of Commissioners authorizes Deputy County Executive April Lynch to facilitate the authorization of the Corrections Officers to file a petition for Act 312 on any unresolved mandatory subjects of bargaining. Chairperson, we move the adoption of the foregoing resolution. DAVID WOODWARD, MICHAEL GINGELL, WILLIAM MILLER, MARCIA GERSHENSON, GARY MCGILLIVRAY, BOB HOFFMAN, ADAM KOCHENDERFER, GWEN MARKHAM, NANCY QUARLES, EILEEN KOWALL, SHELLEY TAUB, JANET JACKSON, PENNY LUEBS, THOMAS KUHN, ANGELA POWELL, HELAINE ZACK, KRISTEN NELSON, TOM MIDDLETON, MICHAEL SPISZ, PHILIP WEIPERT, CHRISTINE LONG The Chairperson referred the resolution to the Public Safety and Social Justice Committee. There were no objections. MISCELLANEOUS RESOLUTION #20558 BY: Commissioner Penny Luebs, District #16; Michael Gingell, District #1; Marcia Gershenson, District #13; Kristen Nelson, District #5; Eileen Kowall, District #6; William Miller, District #14; Helaine Zack, District #18; Shelley Taub, District #12; Christine Long, District #7; Philip Weipert, District #8; Bob Hoffman, District #2 IN RE: BOARD OF COMMISSIONERS — ADOPTION OF THE ERIC OVERALL MEMORIAL DEATH BENEFIT POLICY FOR OAKLAND COUNTY Commissioners Minutes Continued. March 5, 2020 89 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County values their employees, their contributions of service and the sacrifices they make; and WHEREAS on November 23, 2017, the ultimate sacrifice was given when Oakland County Sheriff Deputy Eric Overall lost his life in the line of duty, a profound sadness for all; and WHEREAS Oakland County’s aspiration is to honor an employee whose death occurs while performing their job duties or as a result of an injury incurred while performing their job duties; and WHEREAS to honor Oakland County Sheriff Deputy Eric Overall, Oakland County desires to create the Eric Overall Memorial Death Benefit (“Death Benefit”); and WHEREAS the purpose of the Death Benefit is to commemorate an employee’s sacrifice, contributions and preserve their memory; and WHEREAS the loss of one’s life is beyond understanding for the family, friends and colleagues of the one who died; and WHEREAS the emotional and financial strain on the family may be as traumatic as the loss of their loved one; and WHEREAS Oakland County will honor employees who lost their life by offering a one-time $5,000 Death Benefit disbursement as described in Attachment A; and WHEREAS the Death Benefit is to support the employee’s family by defraying the costs associated with the employee’s death, such as funeral and burial expenses; and WHEREAS funding for the Death Benefit will be provided by the Fringe Benefit Fund and such payment will be subject to applicable tax withholding requirements; and WHEREAS the Oakland County Executive and the Oakland County Board of Commissioners strive to provide a safe, protective work environment and community living in Oakland County for all employees and residents, today and in the future. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby approve Attachment A, the “Eric Overall Memorial Death Benefit Policy”. BE IT FURTHER RESOLVED that the Eric Overall Memorial Death Benefit Policy shall be incorporated into the Merit System Rules by the Human Resources Department as a fringe benefit. BE IT FURTHER RESOLVED that changes to the Merit System Rules be cross referenced by the appropriate Board of Commissioners’ Resolution number authorizing such change. BE IT FURTHER RESOLVED that the Department of Human Resources shall be responsible for the implementation of the policy and administration of the benefit. BE IT FURTHER RESOLVED that Oakland County bequeath a retroactive Death Benefit for Deputy Eric Overall pursuant to Attachment A. BE IT FURTHER RESOLVED that funding for the Death Benefit will be provided by the Fringe Benefit Fund and payments under this benefit will be subject to applicable tax withholding requirements. BE IT FURTHER RESOLVED that no budget amendment is required at this time. Chairperson, we move the adoption of the foregoing resolution. PENNY LUEBS, DAVID WOODWARD, WILLIAM MILLER, JANET JACKSON, NANCY QUARLES, GWEN MARKHAM, HELAINE ZACK, KRISTEN NELSON, GARY MCGILLIVRAY, ANGELA POWELL, PHILIP WEIPERT, MARCIA GERSHENSON, TOM MIDDLETON, CHRISTINE LONG, BOB HOFFMAN, MICHAEL GINGELL, EILEEN KOWALL Copy of Attachment A – Eric Overall Memorial Death Benefit Policy on file in County Clerk’s office. The Chairperson referred the resolution to the Legislative Affairs and Government Operations Committee. There were no objections. Commissioners Minutes Continued. March 5, 2020 90 MISCELLANEOUS RESOLUTION #20059 BY: Commissioners Kristen Nelson, District #5; Marcia Gershenson, District #13; Christine Long, District #7; Robert Hoffman, District #2; Philip Weipert, District #8; Nancy Quarles, District #17; Gwen Markham, District #9; Penny Luebs, District #16; William Miller, District #14; Janet Jackson, District #21; Helaine Zack, District #18; Eileen Kowall, District #6; Shelley Taub, District #12; Michael Gingell, District #1 IN RE: BOARD OF COMMISSIONERS – RECOGNIZING MARCH 2020 AS DEVELOPMENTAL DISABILITIES AWARENESS MONTH IN OAKLAND COUNTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS individuals with developmental disabilities, their families, friends, neighbors, and co-workers encourage everyone to focus on the abilities of all; and WHEREAS people with developmental disabilities in Michigan share in all citizens' education, competitive employment and deserve to relax and enjoy their lives in a community setting of their choosing; and WHEREAS more than 4,000 Oakland County residents currently receive specialty public mental health services provided by Oakland Community Health Network, Macomb Oakland Regional Center, and Community Living Services; and WHEREAS celebrating the abilities and contributions of people with developmental disabilities can only serve to enrich the value of diversity in communities of Michigan and the County of Oakland; and WHEREAS we also recognize the significant contribution of the families of people with developmental disabilities for their caring commitment and their ongoing support that is essential to people leading a healthy, independent, and productive life in the community; and WHEREAS the most effective way to increase awareness is through equal and active participation in community activities with the openness to learn and acknowledge each individual's contribution; and WHEREAS we recognize the fundamental rights of all individuals, including those with disabilities, to equal opportunities to fully participate in the social, educational, political, economic and cultural mainstream of American society; and WHEREAS we celebrate the progress of modern programs which no longer confine persons with developmental disabilities and provide access with self-determination to independent living; and WHEREAS March has been designated Developmental Disabilities Awareness Month by previous actions of the President of the United States and the Governor of the State of Michigan. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners recognizes March 2020 as Developmental Disabilities Awareness Month. We call upon our citizens, governmental agencies, businesses and schools to come together in a culture of reciprocal respect and opportunity that fosters hope and improved quality of life for all individuals. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to the Oakland Community Health Network, Macomb Oakland Regional Center, and Community Living Services. Chairperson, we move the adoption of the foregoing resolution. KRISTEN NELSON, MARCIA GERSHENSON, CHRISTINE LONG, NANCY QUARLES, BOB HOFFMAN, PHILIP WEIPERT, GWEN MARKHAM, PENNY LUEBS, WILLIAM MILLER, JANET JACKSON, HELAINE ZACK, ANGELA POWELL, DAVID WOODWARD, ADAM KOCHENDERFER, MICHAEL SPISZ, THOMAS KUHN, EILEEN KOWALL, SHELLEY TAUB, MICHAEL GINGELL Moved by Nelson seconded by Weipert to suspend the rules and vote on Miscellaneous Resolution #20059 – Board of Commissioners – Recognizing March 2020 as Developmental Disabilities Awareness Month in Oakland County. A sufficient majority having voted in favor, the motion to suspend the rules and vote on Miscellaneous Resolution #20059 – Board of Commissioners – Recognizing March 2020 as Developmental Disabilities Awareness Month in Oakland County carried. Commissioners Minutes Continued. March 5, 2020 91 Moved by Nelson seconded by Weipert the resolution be adopted. Vote on resolution: AYES: Kuhn, Long, Luebs, Markham, McGillivray, Middleton, Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack, Gershenson, Gingell, Hoffman, Jackson, Kochenderfer, Kowall. (21) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. MISCELLANEOUS RESOLUTION #20060 BY: Commissioners David Woodward, District #19; Michael J. Gingell, District #1; Philip Weipert, District #8; Bob Hoffman, District #2; Marcia Gershenson, District #13; Eileen Kowall, District #6; Kristen Nelson, District #5; William Miller, District #14 IN RE: BOARD OF COMMISSIONERS – RENEWED PARTNERSHIP WITH OAKLAND SCHOOLS TO PREVENT BULLYING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS emotionally secure and safe learning environments for children and adults contribute to a healthy and vibrant future for Oakland County; and WHEREAS bullying creates a climate of fear among students, inhibiting their ability to learn and contributes to further negative social behaviors with potential long-term negative outcomes for youth; and WHEREAS the U.S. Department of Education estimates that 160,000 students stay home every day due to bullying; and WHEREAS 1 in 4 children are bullied per month, and every 7 minutes a child becomes a bully victim according to U.S. Department of Justice statistics; and WHEREAS as many as 1 in 10 children drop out of or change schools according to research conducted by the University Council for Educational Administration; and WHEREAS revenge for bullying is one of the strongest motivations for school violence; and WHEREAS serious incidents in school districts throughout Oakland County and the United States have brought to light challenges with significant social-emotional impacts facing local students; and WHEREAS the Board of Commissioners recognizes the importance of and has partnered with Oakland Schools in the past to provide expert training for local school administrators and teachers; and WHEREAS this successful partnership has resulted in over a thousand educators and community stakeholders benefiting from anti-bullying training; and WHEREAS schools that have implemented the Bully-Free Schools strategies report up to an 83% reduction in bullying, harassment and other peer-to-peer aggression; and WHEREAS an opportunity exists to build upon the success of anti-bullying programs, through continuation of the partnership with Oakland Schools, that will allow for greater participation and extensive training; and WHEREAS continued investment in effective training with restorative practices to reduce school bullying will assist in the transition from reactive strategies to proactive prevention in schools; and WHEREAS early intervention and prevention is a wise investment that will reduce the overall cost to taxpayers in the long term by avoiding future expenses triggered by bullying incidents that lead to extensive mental health care and social support needs; and WHEREAS the Board of Commissioners’ partnership with Oakland Schools would provide a meaningful investment in Oakland County’s future by fostering safe learning environments for children; and WHEREAS the National Association of Counties recognized the unique value of this partnership by awarding the Oakland County Board of Commissioners an Achievement Award in 2017. WHEREAS one-time funding of $50,000 is available for transfer from the General Fund (#10100) Assigned Fund Balance for Board of Commissioners Projects (GL #383313) to the FY 2020 Board of Commissioners, General Fund, Administration Division, Special Projects Account (#731822). NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the renewal of a partnership with Oakland Schools, for the one-time amount not to exceed $50,000, to provide bully prevention training for educators/school administrators and to engage students and the community in promoting awareness and understanding of how to prevent physical, verbal, social and cyber bullying. Commissioners Minutes Continued. March 5, 2020 92 BE IT FURTHER RESOLVED the Board of Commissioners authorizes the Chairman of the Board to execute a contract for this program, subject to review by the County Executive contract review process, and approve expenditures for this project. BE IT FURTHER RESOLVED the Oakland County Board of Commissioners authorizes the one-time appropriation of $50,000 from the General Fund (#10100) Assigned Fund Balance for Board of Commissioners Projects (GL #383313) to the Board of Commissioners General Fund, Administration Division, Special Projects Account (#731822) to partner with Oakland Schools for the Safe and Healthy Kids Program to prevent school bullying. 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 $50,000 Total Revenue $50,000 Expenditures 5010101-111203-731822 Special Projects $50,000 Total Expenditures $50,000 Chairperson, we move the adoption of the foregoing resolution. DAVID WOODWARD, MICHAEL GINGELL, WILLIAM MILLER, KRISTEN NELSON, ANGELA POWELL, NANCY QUARLES, PENNY LUEBS, HELAINE ZACK, MARCIA GERSHENSON, THOMAS KUHN, GARY MCGILLIVRAY, TOM MIDDLETON, CHRISTINE LONG, EILEEN KOWALL, PHILIP WEIPERT, GWEN MARKHAM, BOB HOFFMAN The Chairperson referred the resolution to the Legislative Affairs and Government Operations Committee. There were no objections. MISCELLANEOUS RESOLUTION #20061 BY: Commissioners Michael J. Gingell, District #1; Marcia Gershenson, District #13; Thomas Kuhn, District #11; Penny Luebs, District #16; Shelley Taub, District #12; Michael Spisz, District #3; Bob Hoffman, District #2; and Eileen Kowall, District #6 IN RE: BOARD OF COMMISSIONERS - SPONSORSHIP OF THE 2020 INTERNATIONAL BOCCE TOURNAMENT AT THE PALAZZO DI BOCCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the sport of Bocce represents one of the longest played ball games known to mankind, with a history dating to ancient Egypt and Rome; and WHEREAS Palazzo di Bocce, located in Lake Orion, hosted the World Bocce Championships in 2005, playing host to 18 international countries and bringing the contest to the United States for the first time in many years; and WHEREAS the World Bocce Championships returned in 2018, hosted again by Palazzo di Bocce bringing “the best of the best” players to play in the exceptionally highly competitive contest; and WHEREAS Palazzo di Bocce will be building upon this tremendous success as the host of the 2020 International Bocce Tournament inviting players from the United States, Canada, Italy, Brazil, Chile, San Marino, France, Switzerland, Germany, Malta and Turkey to complete; and WHEREAS the 2020 International Bocce Tournament presents an opportunity to showcase and promote Oakland County as a wonderful place to work, play and live before a large national and international audience; and WHEREAS in 2016, Oakland County sponsored this event in its efforts to continually invest in opportunities to drive growth and development in its local communities; and WHEREAS one-time funding of $15,000 is available for transfer from the General Fund (#10100) Board of Commissioners Project Assigned Fund Balance for Board of Commissioners Projects (GL #383313) to the FY2020 Board of Commissioners, General Fund, Administration Division, Special Projects Account Commissioners Minutes Continued. March 5, 2020 93 (#731822) toward the sponsorship of the 2020 International Bocce Tournament at the Palazzo di Bocce. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the one-time appropriation of $15,000 from the General Fund (#10100) Assigned Fund Balance for Board of Commissioners Projects (GL #383313) to the Board of Commissioners General Fund, Administration Division, Special Projects Account for sponsoring the 2020 International Bocce Tournament at the Palazzo di Bocce. BE IT FURTHER RESOLVED that the Board of Commissioners requests that Corporation Counsel negotiate an Agreement with Palazzo Di Bocce and authorizes the Board Chairperson, or his designee, to execute the Agreement and any related documents between Oakland County and Palazzo Di Bocce. 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 $15,000 Total Revenue $15,000 Expenditures 5010101-180010-731822 Special Projects $15,000 Total Expenditures $15,000 Chairperson, we move the adoption of the foregoing resolution. MICHAEL GINGELL, MARCIA GERSHENSON, THOMAS KUHN, PENNY LUEBS, SHELLEY TAUB, MICHAEL SPISZ, BOB HOFFMAN, EILEEN KOWALL, CHRISTINE LONG, ADAM KOCHENDERFER, GARY MCGILLIVRAY, ANGELA POWELL, JANET JACKSON, WILLIAM MILLER, GWEN MARKHAM Moved by Gingell seconded by Hoffman to suspend the rules and vote on Miscellaneous Resolution #20061 – Board of Commissioners – Sponsorship of the 2020 International Bocce Tournament at the Palazzo Di Bocce. A sufficient majority having voted in favor, the motion to suspend the rules and vote on Miscellaneous Resolution #20061 – Board of Commissioners – Sponsorship of the 2020 International Bocce Tournament at the Palazzo Di Bocce carried. Moved by Gingell seconded by Hoffman the resolution be adopted. Vote on resolution: AYES: Long, Luebs, Markham, McGillivray, Middleton, Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack, Gershenson, Gingell, Hoffman, Jackson, Kochenderfer, Kowall, Kuhn. (21) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. MISCELLANEOUS RESOLUTION #20062 BY: Commissioner David T. Woodward, District #19; William Miller, District #14; Michael Gingell, District #1; Marcia Gershenson, District #13; Gary McGillivray, District #20; Bob Hoffman, District #2; Gwen Markham, District #9; Adam Kochenderfer, District #15; Nancy Quarles, District #17; Eileen Kowall, District #6; Janet Jackson, District #21; Shelley Taub, District #12; Penny Luebs, District #16; Thomas Kuhn, District #11; Angela Powell, District #10; Helaine Zack, District #18; Kristen Nelson, District #5 IN RE: BOARD OF COMMISSIONERS – OAKLAND COUNTY SUPPORTS LOCAL RESPONSE TO THE CORONAVIRUS OUTBREAK To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Commissioners Minutes Continued. March 5, 2020 94 WHEREAS the Coronavirus Disease 2019 (COVID-19) is a respiratory illness that can spread from person to person. The virus that causes COVID-19 is a novel coronavirus that was first identified during an investigation into an outbreak in Wuhan, China; and WHEREAS on January 30, 2020, the International Health Regulations Emergency Committee of the World Health Organization (WHO) has declared the COVID-19 a global Public Health Emergency of International Concern; and WHEREAS it is believed that COVID-19 is most often spread from close person-to-person contact, and is thought to occur mainly via respiratory droplets produced when an infected person coughs or sneezes, similar to how influenza and other respiratory pathogens spread; and WHEREAS the WHO, to aid in assessment of how the COVID-19 outbreak is evolving and what impact it can have, has requested all member states to engage in collaboration in sharing epidemiological data, clinical severity data, and the results of community studies and investigations; and WHEREAS a budget amendment is recommended to appropriate funding from the General Fund Assigned Fund Balance for Pandemic Response (GL Account #383358) to the Health Division in the amount of $500,000 for FY 2020 in order to boost response to the growing public health and to support the division’s response, logistics, communications, data management, personal protective equipment, critical response supplies and more; and WHEREAS the county funds will be used to meet fast-emerging needs identified by CDC to help respond to the public health threat posed by this virus. NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners hereby authorizes the Oakland County Health and Human Services Department to take necessary steps to prepare for a potential spread of the Coronavirus Disease 2019 (COVID-19) to Oakland County. BE IT FURTHER RESOLVED the Board of Commissioners authorizes the one-time appropriation of $500,000 from the General Fund (#10100) Assigned Fund Balance for Pandemic Response (GL #383358) to the Health and Human Services Department, Health Division for emergency preparedness related to the outbreak of the Coronavirus Disease 2019 (COVID-19). 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 $500,000 Total Revenue $500,000 Expenditures 1060201-133095-712020 Overtime $100,000 1060201-133095-730373 Contracted Services $50,000 1060201-133095-750077 Disaster Supplies $100,000 1060201-133095-750112 Drugs $100,000 1060201-133095-750301 Medical Supplies $150,000 Total Expenditures $500,000 Chairperson, we move the adoption of the foregoing resolution. DAVID WOODWARD, WILLIAM MILLER, MICHAEL GINGELL, MARCIA GERSHENSON, GARY MCGILLIVRAY, BOB HOFMMAN, ADAM KOCHENDERFER, GWEN MARKHAM, NANCY QUARLES, EILEEN KOWALL, SHELLEY TAUB, JANET JACKSON, PENNY LUEBS, THOMAS KUHN, ANGELA POWELL, HELAINE ZACK, KRISTEN NELSON, TOM MIDDLETON, PHILIP WEIPERT Moved by Luebs seconded by McGillivray to suspend the rules and vote on Miscellaneous Resolution #20062 – Board of Commissioners – Oakland County Supports Local Response to the Coronavirus Outbreak. Commissioners Minutes Continued. March 5, 2020 95 A sufficient majority having voted in favor, the motion to suspend the rules and vote on Miscellaneous Resolution #20062 – Board of Commissioners – Oakland County Supports Local Response to the Coronavirus Outbreak carried. Moved by Luebs seconded by McGillivray the resolution be adopted. Vote on resolution: AYES: Luebs, Markham, McGillivray, Middleton, Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack, Gershenson, Gingell, Hoffman, Jackson, Kochenderfer, Kowall, Kuhn, Long. (21) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. MISCELLANEOUS RESOLUTION #20063 BY: Commissioners Gwen Markham, District #9; Nancy Quarles, District #17; Bob Hoffman, District #2; Penny Luebs, District #16; Helaine Zack, District #18; Kristen Nelson, District #5; Marcia Gershenson, District #13; Janet Jackson, District #21 IN RE: BOARD OF COMMISSIONERS – RECOGNITION OF SUNSHINE WEEK IN OAKLAND COUNTY – MARCH 15-21, 2020 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS an open and accessible government is vital to establishing and maintaining the people’s trust and confidence in their government and in the government’s ability to effectively serve its citizens; and WHEREAS Sunshine Week is a national initiative spearheaded by the American Society of News Editors to educate the public about the importance of open government and the dangers of excessive and unnecessary secrecy; and WHEREAS the first nationwide Sunshine Week took place March 13-19, 2005; and WHEREAS Sunshine Week was established to spark a discussion about the importance of open government and public access to government documents and meetings; and WHEREAS participants in Sunshine Week include print, broadcast and online news media, civic groups, libraries, non-profits, schools and others interested in the public's right to know; and WHEREAS Oakland County proudly promotes openness and transparency in government through innovative technology that provide improved service and increased-access to county government; and WHEREAS in accordance with the Open Meetings Act and to advocate a greater degree of transparency, Oakland County Government allows members of the public to utilize recording devices and media in public meetings; and WHEREAS initiatives by the Oakland County Board of Commissioners include: posting Committee and Board agendas, minutes and packets on the website; publishing an annual report; and webcasting Board and committee meetings; and WHEREAS the protection of every person’s right of access to public records and government meetings is a high priority of Oakland County, and WHEREAS Oakland County is committed to openness and transparency in all aspects of its operations and seeks to set a high standard in this regard. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby joins the national celebration of Sunshine Week and the promotion of open, accessible government. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby declares March 15 - March 21, 2020 to be Sunshine Week in Oakland County and invites citizens, municipalities and media to learn more about how to celebrate Sunshine Week. Chairperson, we move the adoption of the foregoing resolution. GWEN MARKHAM, BOB HOFFMAN, PENNY LUEBS, HELAINE ZACK, KRISTEN NELSON, MARCIA GERSHENSON, WILLIAM MILLER, DAVID WOODWARD, GARY MCGILLIVRAY, NANCY QUARLES, JANET JACKSON, ANGELA POWELL, SHELLEY TAUB, THOMAS Commissioners Minutes Continued. March 5, 2020 96 KUHN, PHILIP WEIPERT, ADAM KOCHENDERFER, MICHAEL SPISZ Moved by Markham seconded by Gershenson to suspend the rules and vote on Miscellaneous Resolution #20063 – Board of Commissioners – Recognition of Sunshine Week in Oakland County – March 15-21, 2020. A sufficient majority having voted in favor, the motion to suspend the rules and vote on Miscellaneous Resolution #20063 – Board of Commissioners – Recognition of Sunshine Week in Oakland County – March 15-21, 2020 carried. Moved by Markham seconded by Gershenson the resolution be adopted. Vote on resolution: AYES: Markham, McGillivray, Middleton, Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack, Gershenson, Gingell, Hoffman, Jackson, Kochenderfer, Kowall, Kuhn, Long, Luebs. (21) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. MISCELLANEOUS RESOLUTION #20064 BY: Commissioners David T. Woodward, District #19; Helaine Zack, District #18; Bob Hoffman, District #2; Marcia Gershenson, District #13; Janet Jackson, District #21; Gwen Markham, District #9; Christine Long, District #7; Philip Weipert, District #8; Penny Luebs, District #16; Shelley Taub, District #12; Eileen Kowall, District #6; Kristen Nelson, District #5; William Miller, District #14 IN RE: BOARD OF COMMISSIONERS – RECOGNITION OF SCHOOL BREAKFAST WEEK IN OAKLAND COUNTY – MARCH 2 - 6, 2020 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS begun as a pilot in 1966, today 14 million students in America receive a nutritious breakfast each day through the School Breakfast Program; and. WHEREAS in 1975, the School Breakfast Program received permanent authorization from Congress which declared its intent that the program “be made available in all schools where it is needed to provide adequate nutrition for children in attendance” with priority consideration for those schools with a special need to improve the nutrition and dietary practices of children from low-income families; and WHEREAS studies show serving children breakfast at school significantly improves their cognitive or mental abilities, enabling them to be more alert, ability to maintain a healthy weight, and achieve proficiency on standardized test scores; and WHEREAS research shows the simple act of eating school breakfast can dramatically change a child’s life, resulting in higher test scores, calmer classrooms, fewer trips to the nurse, and better attendance and graduation rates; and WHEREAS breakfast consumption is also associated with other healthy lifestyle factors, and a University of Michigan study found children who do not consume breakfast are more likely to be less physically active and have a lower cardio respiratory fitness level than those students who exhibit habitual school-day breakfast consumption; and WHEREAS children who receive breakfast at school avoid chronic absenteeism, experience fewer health problems associated with hunger, such as dizziness, lethargy, stomachaches and ear aches, and perform significantly better than their peers who do not receive breakfast at school in terms of cooperation, discipline and inter-personal behaviors; and WHEREAS the School Breakfast Program has potential long-term economic benefits such as students who attend class on a regular basis are 20% more likely to graduate from high school, in addition, high school graduates typically earn $10,000 more per year and enjoy a 4% higher employment rate; and WHEREAS a study sponsored by the United States Department of Agriculture Economic Research Service found that elementary school-age students are more likely to participate in the School Breakfast Program when they come from lower income households; and Commissioners Minutes Continued. March 5, 2020 97 WHEREAS in addition to recognizing School Breakfast Week in Oakland County the Board of Commissioners champions efforts to advance the quality of life for residents and families in Oakland County by investing in programs like the Oakland County School Breakfast Program in partnership with United Way for Southeastern Michigan. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby declares March 2 - 6, 2020 as School Breakfast Week in Oakland County and encourages the support and utilization of the federally assisted School Breakfast Program for the school children of Oakland County. Chairperson, we move the adoption of the foregoing resolution. DAVID WOODWARD, HELAINE ZACK, BOB HOFFMAN, MARCIA GERSHENSON, JANET JACKSON, GWEN MARKHAM, CHRISTINE LONG, PHILIP WEIPERT, PENNY LUEBS, KRISTEN NELSON, NANCY QUARLES, WILLIAM MILLER, GARY MCGILLIVRAY, ANGELA POWELL, SHELLEY TAUB Moved by Markham seconded by Zack to suspend the rules and vote on Miscellaneous Resolution #20064 – Board of Commissioners – Recognition of School Breakfast Week in Oakland County – March 2-6, 2020. A sufficient majority having voted in favor, the motion to suspend the rules and vote on Miscellaneous Resolution #20064 – Board of Commissioners – Recognition of School Breakfast Week in Oakland County – March 2-6, 2020 carried. Moved by Markham seconded by Zack the resolution be adopted. Vote on resolution: AYES: McGillivray, Middleton, Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack, Gershenson, Gingell, Hoffman, Jackson, Kochenderfer, Kowall, Kuhn, Long, Luebs, Markham. (21) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. MISCELLANEOUS RESOLUTION #20065 BY:  Commissioner Gary McGillivray, District #20 IN RE: BOARD OF COMMISSIONERS – CORRECTION TO MR #20024 - CONTRACT AMENDMENT #1 FOR LAW ENFORCEMENT SERVICES IN THE CITY OF PONTIAC 2019-2021 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution #20024 was adopted by the Board of Commissioners on January 22, 2020; and WHEREAS the Oakland County Board of Commissioners approved and authorized its Chairperson to sign Amendment #1 to the original Oakland County Sheriff's Office 2019-2021 Law Enforcement Services Agreement with the City of Pontiac to add one (1) Patrol Sergeant position, three (3) Deputy II (no-fill) positions, one (1) Technical Assistant position and delete two (2) PTNE Office Assistant II positions beginning December 21, 2019 and continuing until the Oakland County Sheriff’s Office 2019- 2021 Law Enforcement Services Agreement with the City of Pontiac expires or is terminated; and WHEREAS the 5th BE IT FURTHER RESOLVED stated incorrectly that “this amendment will take effect upon approval by the Oakland County Board of Commissioners January 22, 2020”; and WHEREAS the amendment took effect on February 1, 2020. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the correction to MR #20024, “Contract Amendment #1 for Law Enforcement Services in the City of Pontiac 2019-2021”, with the effective date of February 1, 2020. Chairperson, I move the adoption of the foregoing resolution. GARY MCGILLIVRAY Commissioners Minutes Continued. March 5, 2020 98 Moved by McGillivray seconded by Spisz to suspend the rules and vote on Miscellaneous Resolution #20065 – Board of Commissioners – Correction to MR #20024 – Contract Amendment #1 for Law Enforcement Services in the City of Pontiac 2019-2021. A sufficient majority having voted in favor, the motion to suspend the rules and vote on Miscellaneous Resolution #20065 – Board of Commissioners – Correction to MR #20024 – Contract Amendment #1 for Law Enforcement Services in the City of Pontiac 2019-2021 carried. Moved by McGillivray seconded by Spisz the resolution be adopted. Vote on resolution: AYES: Middleton, Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack, Gershenson, Gingell, Hoffman, Jackson, Kochenderfer, Kowall, Kuhn, Long, Luebs, Markham, Middleton. (21) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. MISCELLANEOUS RESOLUTION #20066 BY: Commissioners David T. Woodward, District #19; Gwen Markham, District #9; Michael Spisz, District #3 IN RE: BOARD OF COMMISSIONERS – EXTENSION #2 OF DEADLINES FOR THE RECOMMENDATIONS OF AD HOC COMMITTEE ON INVESTMENT OF PUBLIC FUNDS AND REAUTHORIZATION OF THE LIST OF OFFICIAL DEPOSITORIES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to MR #19420, the Board of Commissioners intends to review Oakland County policies and procedures as it relates to its fiduciary responsibilities as the governing body of county government; and WHEREAS Miscellaneous Resolution #19205, pursuant to the State of Michigan, P.A. 40 of 1932, as amended, requires the Board of Commissioners to provide by resolution for the authorization on the deposit of all public monies coming into the custody of the County Treasurer; and WHEREAS MR#19205 was adopted by the Oakland County Board of Commissioners on February 7, 2019; and WHEREAS the Board of Commissioners authorized, via MR #19420, for the expiration of delegated financial authority regarding the institutions eligible for deposit of public funds effective January 31, 2020 upon a thorough review of County policies by the Ad Hoc Committee on Investment of Public Funds; and WHEREAS the Board of Commissioners authorized, via MR #20029, an extension for the expiration of the delegated financial authority regarding the institutions eligible for deposit of public funds effective March 31, 2020; and WHEREAS for the Board of Commissioners’ Ad Hoc Committee on Investment of Public Funds to perform a thorough review of the list of approved depositories, the proportion of public funds invested in financial institution and/or assess the performance of the current investment strategy and provide recommendations warrants a further extension on the expiration date identified in MR #19420 and MR #20029. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the list of financial institutions eligible for deposit of public funds as approved by the Board of Commissioners in MR#19205 (and all previous resolutions adopted for this purpose) and delegated financial authority shall be extended to expire effective April 29, 2020. BE IT FURTHER RESOLVED the Ad Hoc Committee shall present a recommendation to the Finance Committee of the Board of Commissioners with respect to a list of authorized depositories and the proportion and manner of the investment of public money upon the Committee’s thorough review and investigation into the matter. Chairperson, we move the adoption of the foregoing resolution. DAVID WOODWARD, GWEN MARKHAM, MICHAEL SPISZ Commissioners Minutes Continued. March 5, 2020 99 The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #20067 BY: Commissioner Bob Hoffman, District #2 IN RE: BOARD OF COMMISSIONERS – TRANSPARENCY REQUIREMENTS FOR THE DETROIT INSTITUTE OF ARTS, INC. To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS since 1967, the Freedom of Information Act (FOIA) has provided the public the right to request access to records from any federal agency. It is often described as the law that keeps citizens in the know about their government; and WHEREAS FOIA requires public agencies or public bodies to make their records promptly available to any person who makes a proper request for them; and WHEREAS the Michigan Open Meetings (OMA) Act, PA 267 of 1976, provides the public with a right of access to the meetings of government bodies at the state and local level in Michigan. As the Attorney General’s handbook describes, the OMA law, “promoted a new era in governmental accountability and fostered openness in government to enhance responsible decision making”; and WHEREAS while the Detroit Institute of Arts, Inc. (the “DIA”) was formed as a not for profit entity, not typically subject to provisions of the FOIA and OMA laws, it has since transformed into an entity that derives a majority of its funding from the taxpayers of the region; and WHEREAS according to a recent article in the Detroit News, more than 60% of DIA funding comes from the regional millage, which generated $25.9 million in 2019 and $25.2 million in 2018; and WHEREAS courts have found that private entities are subject to the provisions of the FOIA and OMA laws if the primary source of their funding is derived from public sources; and WHEREAS Oakland County sets a high standard of transparency and expects all elected officials, appointees, and staff to comply with the Open Meetings Act and Freedom of Information Act; and WHEREAS as a matter of policy, Oakland County regularly requires parties entering into legal contracts and agreements to comply with statutory requirements; and WHEREAS as representatives of the taxpayers of Oakland County, the Board of Commissioners and County leadership must join together in support of measures that ensure that all business transacted with public funds be done in accordance with transparency and in compliance with Michigan’s Open Meetings and Freedom of Information Acts. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners calls upon the Detroit Institute of Arts, Inc. (“DIA”) to immediately come into full compliance with the Michigan Freedom of Information Act and Open Meetings Act. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners calls upon the Oakland County Art Institute Authority to include within the provisions of the next service agreement with the DIA provisions requiring the DIA and its Governing Board to comply with the provisions of the Michigan Freedom of Information Act and Open Meetings Act. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners calls upon the members of the Michigan legislature to immediately introduce and adopt legislation that would clarify that taxpayer supported organizations such as the Detroit Institute of Arts, Inc. are subject to the Michigan Freedom of Information Act and Open Meetings Acts BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward copies of this adopted resolution to the President and Chief Executive Officer of the Detroit Institute of Arts, Inc., the Macomb County Executive, the Wayne County Executive, the Mayor of the City of Detroit, the Governor of the State of Michigan, and the members of the Oakland County delegation to the Michigan legislature. Chairperson, we move the adoption of the foregoing resolution. BOB HOFFMAN, MICHAEL SPISZ Moved by Hoffman seconded by Spisz to suspend the rules and vote on Miscellaneous Resolution #20067 – Board of Commissioners – Transparency Requirements for the Detroit Institute of Arts, Inc. Commissioners Minutes Continued. March 5, 2020 100 A sufficient majority not having voted in favor, the motion to suspend the rules and vote on Miscellaneous Resolution #20067 – Board of Commissioners – Transparency Requirements for the Detroit Institute of Arts, Inc. failed. The Chairperson referred the resolution to the Legislative Affairs and Government Operation Committee. There were no objections. MISCELLANEOUS RESOLUTION #20068 BY: Commissioners Marcia Gershenson, District #13; Shelley Taub, District #12; Helaine Zack, District #18; Gwen Markham, District #9; Janet Jackson, District #21; Eileen Kowall, District #6; Christine Long, District #7; Kristen Nelson, District #5, Bob Hoffman, District #2; Phillip Weipert, District #8; Penny Luebs, District #16; Angela Powell, District #10; Nancy Quarles, District #17; David Woodward, District #19; William Miller, District #14 IN RE: BOARD OF COMMISSIONERS – RECOGNITION OF MARCH 2020 AS WOMEN’S HISTORY MONTH IN OAKLAND COUNTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Women’s History Month originally began as a local, week-long celebration in 1978 in Santa Rosa, California, which subsequently spread across the country as other communities initiated their own Women’s History celebrations; and WHEREAS the month of March is now nationally recognized as Women’s History Month, providing the opportunity to honor and celebrate the vital role of women, past and present, in American history; and WHEREAS in 1987, the United States Congress passed Public Law 100-9, designating March as Women’s History Month; and WHEREAS women of every race, class and ethnic background have made historic contributions to the growth and strength of our nation in countless recorded and unrecorded ways; and WHEREAS women have played and continue to play a critical economic, cultural and social role in every sphere of the life of the nation by constituting a significant portion of the labor force working inside and outside of the home; and WHEREAS women have taken on a unique role throughout the history of the nation by providing the majority of the volunteer labor force of the nation; and WHEREAS women were particularly important in the establishment of early charitable, philanthropic and cultural institutions in our nation; and WHEREAS women have been leaders in critical roles and at crucial points of history to help create a fair and just society for all; and WHEREAS the year 2020 marks the 100th anniversary of the passage of the 19th Amendment to the U.S. Constitution, which guaranteed women the right to vote; and WHEREAS the National Women’s History Alliance publishes a yearly Women’s History Theme and has designated Valiant Women of the Vote as the 2020 theme in celebration of the women who have fought for women’s right to vote in the United States; and WHEREAS Oakland County women took an active role in the women’s suffrage movement including the formation of the Oakland County Equal Suffrage Association in 1912. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, in recognition of the centennial of the 19th Amendment, honors women from the original suffrage movement and also 20th and 21st century women who have continued the struggle to ensure voting rights for all. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby designates March 2020 as Women’s History Month in Oakland County and encourages residents, governmental agencies, businesses and schools to celebrate the generations of women who have left enduring imprints on our history. Chairperson, we move the adoption of the foregoing resolution. MARCIA GERSHENSON, HELAINE ZACK, PENNY LUEBS, ANGELA POWELL, KRISTEN NELSON, WILLIAM MILLER, JANET JACKSON, GWEN MARKHAM Commissioners Minutes Continued. March 5, 2020 101 Moved by Gershenson seconded by Long to suspend the rules and vote on Miscellaneous Resolution #20068 – Board of Commissioners – Recognition of March 2020 as Women’s History Month in Oakland County. A sufficient majority having voted in favor, the motion to suspend the rules and vote on Miscellaneous Resolution #20068 – Board of Commissioners – Recognition of March 2020 as Women’s History Month in Oakland County carried. Moved by Gershenson seconded by Long the resolution be adopted. Vote on resolution: AYES: Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack, Gershenson, Gingell, Hoffman, Jackson, Kochenderfer, Kowall, Kuhn, Long, Luebs, Markham, McGillivray, Middleton. (21) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. Chairperson David Woodward addressed the Board regarding March is Reading Month book orders. Commissioner Markham addressed the Board regarding the 20K Tree Program distribution. Commissioner Jackson addressed the Board regarding the 2020 Census Complete Count Committee. Discussion followed. Chairperson David Woodward addressed the Board to announce that there will be a Women’s History Month photo opportunity immediately after the Board adjourns. The Board adjourned at 11:29 a.m. to the call of the Chair or March 18, 2020, at 7:00 p.m. LISA BROWN DAVID WOODWARD Clerk Chairperson