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HomeMy WebLinkAboutMinutes - 2009.10.14 - 7060712 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES October 14, 2009 Meeting called to order by Chairperson Bill Bullard, Jr. at 7:13 p.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Bullard, Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack. (25) EXCUSED ABSENCE WITH NOTICE: None. (0) Quorum present. Invocation given by Gary McGillivray. Pledge of Allegiance to the Flag. Moved by Long supported by Nash the minutes of the September 24, 2009 Board Meeting be approved. A sufficient majority having voted in favor, the minutes were approved as printed. Moved by Jacobsen supported by Coulter the agenda be amended as follows: ITEMS ON BOARD AGENDA GENERAL GOVERNMENT COMMITTEE a. Department of Health and Human Services/Health Division – Amendment to Extend the Intergovernmental Agreement with Oakland Schools for Infant Toddler Assessments (Reason for Suspension of General Government Committee, item a.: Waiver of Rule IX.E. - Item was taken up by Finance without direct referral from General Government Committee.) HUMAN RESOURCES COMMITTEE a. Sheriff’s Office – FY 2010 Auto Theft Prevention Authority (ATPA) Grant Acceptance (Reason for Suspension of Human Resources Committee, item a.: Waiver of Rule III – Item was reviewed by Human Resources Committee immediately prior to today’s Board meeting.) Also, move Planning and Building Committee, Item c. from the Consent Agenda to the Regular Agenda. Vote on agenda, as amended: AYES: Bullard, Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack. (25) NAYS: None. (0) A sufficient majority having voted in favor, the agenda, as amended, was approved. Commissioners Minutes Continued. October 14, 2009 713 Commissioner Mattie Hatchett acknowledged international dignitary, Ronnie McNeir, former member of the Four Tops, and various candidates that are running for office in the City of Pontiac and the School District of the City of Pontiac, who were in attendance. Chairperson Bill Bullard, Jr., along with Commissioners Mattie Hatchett and Tim Greimel, presented a proclamation to Kenneth E. Corr, an employee of the Road Commission for Oakland County, recognizing him for using his talents for the good of humanity through his eloquent writing and thought-provoking poetry, especially his poem “The Homeless” which was featured in a United Way Campaign ad, and honoring him for his outstanding achievements and community service. Kenneth E. Corr addressed the Board. Chairperson Bill Bullard, Jr. asked Karry Rieth, Manager of Community and Home Improvement Division, to address the Board regarding homelessness in Oakland County. Kenneth E. Corr presented a plaque with “The Homeless” poem to Karry Rieth to display in the Community and Home Improvement Division. Chairperson Bill Bullard, Jr. presented a proclamation to Robert “Bob” Dustman honoring him for his years of outstanding public service. Robert Dustman addressed the Board. Chairperson Bill Bullard, Jr., along with Commissioners Shelley Taub and Helaine Zack, presented a proclamation to HAVEN, honoring the organization for its high degree of community commitment and years of valuable service. Accepting for President and Chief Executive Officer Beth Morrison, was Tracy Thomas. Chairperson Bill Bullard, Jr. welcomed former County Commissioner and current State Representative Tom McMillin, who was in attendance. Chairperson Bill Bullard, Jr. made the following statement: “A Public Hearing is now called on the Planning and Economic Development Services Division Resolution Approving Issuance of Refunding Bonds (Cranbrook Educational Community) – City of Bloomfield Hills. Is there anyone present who wishes to speak?” No one requested to speak and the Chairperson declared the Public Hearing closed. The following people addressed the Board: Peter Everts, Sabrina Saeidifar, Tristan Spindler, Brian Marfleet, G.M. Ross, Michael Ross, John A. Holeton, Milton F. Simmons, M.D., Peter Pascaris, Melissa Bernardi, Bruce Fealk, Janice Daniels, Randy Block, Anna Maria Evans, Dave Taylor, John Freeman, Scott Clark, Jim Thienel, Kyle McGrath, Bill Haney, Guy Desrochers, Tom Regan, David W. Duenow, Representative Tom McMillan, Dr. Z.B. Stallworth, Andrea Schroeder, Jack Stone, Bryan Zulko, Ethel Labarre, Jack Schneider, Helen Hagan, Vicki Kahle, Cindy Holdsworth, David Bause, and Alice Benbow. Moved by Schwartz supported by Potter the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). The vote for this motion appears on page 722. The resolutions on the Consent Agenda follow (annotated by an asterisk {*}): *MISCELLANEOUS RESOLUTION #09236 BY: General Government Committee, Christine Long, Chairperson IN RE: DEPARTEMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION – AMENDMENT TO EXTEND THE INTERGOVERNMENTAL AGREEMENT WITH OAKLAND SCHOOLS FOR INFANT TODDLER ASSESSMENTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Early On Program, through Oakland Schools, provides early intervention services for infants and toddlers, birth to three (3) years of age, with developmental delay(s) and/or disabilities, and their families; and WHEREAS the Oakland County Department of Health and Human Services/Health Division (OCHD) has existing capacity and personnel to perform Infant Toddler Developmental Assessments to be used in the determination of eligibility for the Early On Program; and WHEREAS Oakland Schools will provide all materials necessary to conduct the assessments; and Commissioners Minutes Continued. October 14, 2009 714 WHEREAS Oakland Schools and OCHD wish to extend the agreement authorized by MR 09043 for the performance of these assessments; and WHEREAS funding is available from Oakland Schools for the period July 1, 2009 through June 30, 2010 in the amount of $49,500 for these services; and WHEREAS pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501 et seq., and the Intergovernmental Contracts between Municipal Corporations Act, 1951 PA 35, MCL 124.1, et seq., the agreement and subsequent amendments for provision of the assessments and compensation for the assessments must be an Intergovernmental Agreement; and WHEREAS the Oakland County Corporation Counsel has developed the attached Intergovernmental Agreement for Infant/Toddler Assessment Amendment 1, which facilitates this transaction. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached Intergovernmental Agreement for Infant/Toddler Assessment Amendment 1 between the County of Oakland and Oakland Schools. BE IT FURTHER RESOLVED that the future level of service be contingent upon the level of funding for this program. BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the Agreement on behalf of Oakland County and thereby accept and bind Oakland County to the terms and conditions of the Agreement. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Letter from Dr. Vickie Markavitch, Superintendent for Oakland Schools, regarding Intergovernmental Agreement for Infant/Toddler Assessment – Amendment 1 on file in County Clerk’s office. INTERGOVERNMENTAL AGREEMENT FOR INFANT/TODDLER ASSESSMENT AMENDMENT 1 This Amendment to the Intergovernmental Agreement for Infant/Toddler Assessment (the “Agreement”) is made between the County of Oakland, a Michigan Constitutional and Municipal Corporation, whose address is 1200 N. Telegraph Road, Pontiac, Michigan, 48341 (the “County”) and Oakland Schools, a Michigan intermediate school district, whose address is 2111 Pontiac Lake Road, Waterford, Michigan, 48328 (“Oakland Schools”). In this Amendment, the County and Oakland Schools may be referred to individually as “Party” or jointly as “Parties.” In consideration of the mutual promises, obligations, representations and assurances contained in the Agreement and in this Amendment, the Parties agree to the following provisions: 1. The purpose of this Amendment, which is permitted by Section 3.7 of the Agreement, is to modify, as provided herein, and to otherwise continue the present contractual relationship between the Parties as described in the current Agreement, made and entered into by the County pursuant to Oakland County Board of Commissioners Resolution Number 09043 and by action of the Board of Education of Oakland Schools at its regular meeting on April 6, 2009. 2. Any and all defined words or phrases in the current Agreement between the Parties will apply equally throughout this Amendment. 3. Any and all other terms and conditions set forth in the current Agreement between the Parties shall remain in full force and effect and shall not be modified, excepted, diminished, or otherwise changed or altered by this Amendment except as expressly provided in herein. 4. Section 3.4 regarding Payment is deleted in its entirety. Section 3.4 shall now state: 3.4.1. Oakland Schools will pay the County at the identified rate of $225.00 for initial IDAs and $135.00 for annual IDAs. Oakland Schools and the Health Department may, from time to time, evaluate and adjust the pay rate, as appropriate, based on the availability of funding and fee schedules established by Oakland Schools. If a proposed rate change decreases the rates identified in this Agreement, the County may, at its sole discretion, terminate this Agreement in accordance with Section 3.15. 3.4.2. Payment is conditioned upon the properly documented proof of performance (a signed, original invoice) submitted by the County to Oakland Schools. The County shall invoice Oakland Schools on a quarterly basis and the last invoice for any individual year must be received by Oakland Schools no later than the first week of July in order for Oakland Commissioners Minutes Continued. October 14, 2009 715 Schools to properly close out applicable grants. Payment will be made no later than thirty (30) days after an original invoice for the completion of the task set forth above is received by Oakland Schools. 3.4.3. Oakland Schools shall advise the Health Department in writing of the “Annual Not-To- Exceed Amount” including any carry-over amounts that may be available to the County for providing the services described in the Agreement. The County shall have no obligation to provide the services described in the Agreement if Oakland Schools is unable to pay at the then-established rates and according to the established time-frame. 5. Section 3.7 regarding the Duration of this Agreement is deleted in its entirety. Section 3.7 shall now state: This Agreement may be renewed annually on written notice by Oakland Schools to the Health Department, provided the Health Department agrees. Notwithstanding the preceding sentence, and except as otherwise expressly provided in the Agreement or herein, if either Party wishes to modify the terms and conditions of the Agreement, a written Amendment, signed by authorized representatives of the Parties, pursuant to resolution or Board action, is required. The Parties have taken all actions and secured all approvals necessary to authorize and complete this Amendment and to otherwise continue the Agreement between Oakland Schools and the County of Oakland. The persons signing this Amendment on behalf of each Party have legal authority to sign this Amendment and bind the Parties to the terms and conditions it contains. For Oakland Schools: __________________________________________ ____________________ (print name)________________________________ Date For Oakland County: __________________________________________ ____________________ Bill Bullard, Jr., Chairman Date Oakland County Board of Commissioners FISCAL NOTE (MISC. #09236) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION - AMENDMENT TO EXTEND THE INTERGOVERNMENTAL AGREEMENT WITH OAKLAND SCHOOLS FOR INFANT TODDLER ASSESSMENTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: 1. The Early On Program, through Oakland Schools, provides early intervention services for infants and toddlers, birth to three (3) years of age, with developmental delay(s) or disabilities. 2. Oakland Schools and the Oakland County Health Division wish to extend the original agreement per MR #09043 for the performance of the assessments. 3. The Health Division has personnel to perform the Infant Toddler Developmental Assessments. Oakland Schools will compensate the Health Division funding in an amount not to exceed $49,500 for the performance of assessments for determination of eligibility for the Early On Program. 4. Oakland Schools will pay the County a rate of $225 for initial Infant Development Assessments (IDA’s) and $135 for annual (IDA’s). Oakland Schools and the Health and Human Services Department may, evaluate and adjust the pay rate, as appropriate, based on the availability of funding and fee schedules established by Oakland Schools. If a proposed identified rate change decreases, the County may terminate this Agreement. 5. Funding period is July 1, 2009 thru June 30, 2010. 6. No additional positions are required with this agreement. 7. An amendment to the FY 2010 Adopted Budget is recommended as detailed below to reflect the additional revenue from Oakland Schools for the assessments. Commissioners Minutes Continued. October 14, 2009 716 HEALTH FUND (#20221) FY2010 Revenue 1060236-133390-631869 Health Div. - Reimb. Of Salaries $49,500 $49,500 Expenditures 1060236-133390-702010 Health Div. - Salaries $49,500 $49,500 $ -0- FINANCE COMMITTEE (The vote for this motion appears on page 722.) *MISCELLANEOUS RESOLUTION #09227 BY: Planning and Building Committee, John A. Scott, Chairperson IN RE: FACILITIES MANAGEMENT/FACILITIES ENGINEERING - RESOLUTION AUTHORIZING THE TRANSFER OF THE REMAINING FUND BALANCE FROM THE OFFICE BUILDING RENOVATION PROJECT FUND TO THE NORTH OAKLAND HEALTH CENTER (NOHC) RENOVATION AND CHILDREN’S VILLAGE BUILDING A SECURITY ENHANCEMENT PROJECT FUND To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland, Michigan (the "County"), and the Oakland County Building Authority (the “Authority”) have entered into a Lease Contract dated as of November 1, 2002 (the "Lease Contract"), pursuant to which the Authority issued the $20,240,000 Oakland County Building Authority, Building Authority Bonds, Series 2004A (the “Bonds”) to renovate and equip a 5 story high, 105,358 square foot Building 41 West for use as County Administrative offices (the “Original Project”) as described in the Lease Contract pursuant to the terms of Act No. 31, Public Acts of Michigan, 1948 (First Extra Session), as amended ("Act 31"); and WHEREAS an excess of at least $478,608.86 remains after completion of the Original Project; and WHEREAS the County proposes to undertake an additional project to construct renovations to the North Oakland Health Center (NOHC); relocating the Clinic from Old North Health to the NOHC; and Children’s Village Building A, Security Enhancements Project with funds remaining in part from the proceeds of the Bonds (the “NOHC Project”); and WHEREAS it is necessary to amend the Lease Contract to provide for the NOHC Project. NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland, Michigan, as follows: 1. The preliminary plans and estimates relating to the NOHC Project and identified in EXHIBIT 1 to APPENDIX I hereto are hereby approved. 2. The Amendment to Lease Contract in the form of APPENDIX I hereto is hereby approved, and the Chair of the Board of Commissioners and the County Clerk are hereby authorized and directed to execute and deliver the same for and on behalf of the County. 3. All activities involved in the planning and construction of the NOHC Project under this resolution shall comply with the standing rules of the Board of Commissioners. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Appendix I – Amendment to Lease Contract and Project Description on file in County Clerk’s office. Commissioners Minutes Continued. October 14, 2009 717 FISCAL NOTE (MISC. #09227) BY: Finance Committee, Tom Middleton, Chairperson IN RE: FACILITIES MANAGEMENT/FACILITIES ENGINEERING - RESOLUTION AUTHORIZING THE TRANSFER OF THE REMAINING FUND BALANCE FROM THE OFFICE BUILDING RENOVATION PROJECT FUND TO THE NORTH OAKLAND HEALTH CENTER (NOHC) RENOVATION AND CHILDREN’S VILLAGE BUILDING A SECURITY ENHANCEMENT PROJECT FUND To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The County of Oakland and the Oakland County Building Authority entered into a Lease Contract, dated November 1, 2002, pursuant to which the Authority issued Oakland County Building Authority Bonds in the amount of $20,240,000 to renovate and equip Building 41 West for use as County Administrative offices; the $20,240,000 bond issue was the second bond issuance for the project with the first bond issue of $7,560,000 being fully utilized. 2. A current project balance of $478,608.86 remains after completion of the original Office Building Renovation Project. 3. The County proposes to undertake an additional project to construct renovations to the North Oakland Health Center (NOHC), relocate the Clinic from Old North Health Center to the NOHC, and provide security enhancements at Children’s Village Building A with funds remaining in part from proceeds of the bonds originally issued for the Office Building Renovation Project. 4. The resolution amends the Original Lease Contract to authorize the use of remaining bond proceeds apportioned for the Office Building Renovation Project for transfer to the NOHC Renovation and Children’s Village Building A Security Enhancement Project and identifies preliminary plans and estimates relating to the Project. 5. Additionally, the FY 2010 Capital Improvement Program includes funding for the North Oakland Health Center Renovation Project, which may be transferred from the Building Improvement Fund (#40100) to the Project Work Order Fund (#40400) to supplement funding transferred from the Office Building Renovation Project. 6. The Facilities Engineering Division estimates total project costs of $545,000 for the NOHC Renovation and Children’s Village Building A Security Enhancement Project, including Contingency. 7. Any additional interest earnings posted to the Office Building Renovation Fund up until the transfer occurs will be transferred to the new NOHC Renovation and Children’s Village Building A Security Enhancement Project Fund. 8. An amendment to the FY 2010 Budget is recommended as follows: OFFICE BUILDING RENOVATION FUND #41415 Project 100000000435 1040801-148020-788001-40400 Transfer Out ($478,608.86) BUILDING IMPROVEMENT FUND #40100 1040101-148020-788001-40400 Transfer Out ($ 66,391.14) ($545,000.00) PROJECT WORK ORDER FUND #40400 Project 100000001290 1040801-148020-695500-41415 Transfer In $478,608.86 1040801-148020-695500-40100 Transfer In 66,391.14 $545,000.00 $ -0- FINANCE COMMITTEE (The vote for this motion appears on page 722.) Commissioners Minutes Continued. October 14, 2009 718 *MISCELLANEOUS RESOLUTION #09228 BY: Planning and Building Committee, John Scott, Chairperson IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES’ DIVISION - MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN OAKLAND COUNTY PLANNING AND ECONOMIC DEVELOPMENT SERVICES AND THE MICHIGAN SMALL BUSINESS & TECHNOLOGY DEVELOPMENT CENTER (MI-SBTDC) TO COOPERATE IN SUPPORT OF TRAINING AND COUNSELING SERVICES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Business Center is a department of the Oakland County Planning & Economic Development Services Division and provides training, counseling and referral services to Oakland County small businesses; and WHEREAS the Michigan Small Business & Technology Development Center (MI-SBTDC) is a partner program of the U.S. Small Business Administration (SBA), providing technical assistance, market research and one-on-one counseling to small companies; and WHEREAS the MI-SBTDC Region 9 office located at Eastern Michigan University provides training, counseling and research services to Wayne, Oakland and Monroe County small businesses in support of the SBA’s initiative; and WHEREAS the MI-SBTDC Region 9 office has a strong presence in Wayne and Monroe Counties due to strong ongoing local collaborations with Schoolcraft College, TechTown and the Monroe County Industrial Development Corp but no longer has a formal collaboration in Oakland County since the expiration of its MOU with Walsh College (in June 2006); and WHEREAS the Oakland County Business Center has had an ongoing informal relationship with the MI- SBTDC in which the MI-SBTDC has provided trainers to conduct small business workshops and business consultants to counsel Oakland County small businesses at the Executive Office Building; and WHEREAS heightened awareness of Oakland County Business Center services continues to place heavy demands on its limited staff (2.5 F-T equivalents) whose expansion is restricted by the current Oakland County hiring freeze; and WHEREAS a Memorandum of Understanding (MOU) has been drafted (as attached) by the Michigan Small Business & Technology Development Center (MI-SBTDC) to reflect this collaborative opportunity; and WHEREAS the Oakland County Business Center will provide a workspace for the part-time MI-SBTDC consultant and private counseling space for the confidential counseling sessions that are scheduled to be held at the Oakland County Business Center location; and WHEREAS the MI-SBTDC will provide a mutually acceptable dedicated part-time business consultant for at least 16 hours per week; and WHEREAS the Oakland County Business Center will schedule appointments with qualified clients for normal MI-SBTDC consulting services; and WHEREAS the MI-SBTDC will provide mutually acceptable training professionals for all Oakland County Business Center training programs that are assigned to the MI-SBTDC Regional Office; and WHEREAS the MI-SBTDC invites the Oakland County Business Center staff to participate in all appropriate MI-SBTDC program development and professional development activities at no cost or at in- network reduced cost; and WHEREAS there will be no exchange of funds between the Oakland County Business Center and the MI- SBTDC; and WHEREAS the MOU has been reviewed and approved by Corporation Counsel; and WHEREAS this MOU will constitute a partnership that eliminates duplication of effort between the Oakland County Business Center and the MI-SBTDC, providing services to Oakland County valued at $75,000. NOW THEREFORE BE IT RESOLVED that the Board Chairperson is authorized to execute the MOU with the MI-SBTDC on behalf of Oakland County, and hereby accepts and binds Oakland County to the roles and responsibilities of this MOU. PLANNING AND BUILDING COMMITTEE Copy of memo regarding Memorandum of Understanding & SBTDC and EDC Services: Comparison and Differentiation on file in County Clerk’s office. Commissioners Minutes Continued. October 14, 2009 719 FISCAL NOTE (MISC. #09228) BY: Finance Committee, Tom Middleton, Chairperson IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION – MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN OAKLAND COUNTY PLANNING AND ECONOMIC DEVELOPMENT SERVICES AND THE MICHIGAN SMALL BUSINESS & TECHNOLOGY DEVELOPMENT CENTER (MI-SBTDC) TO COOPERATE ON SUPPORT OF TRAINING AND COUNSELING SERVICES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Resolution authorizes execution of a Memorandum of Understanding (MOU) between the Oakland County Planning and Economic Development Services Division and the Michigan Small Business & Technology Development Center (MI-SBTDC), whereby the MI-SBTDC will provide trainers to conduct small business workshops and business consultants to counsel Oakland County small businesses at no cost to the County. 2. The Oakland County Business Center will schedule appointments with qualified clients and provide workspace for the workshops and confidential counseling sessions. 3. No budget amendment is required. FINANCE COMMITTEE (The vote for this motion appears on page 722.) *REPORT (MISC. #09150) BY: Planning and Building Committee, John Scott, Chairperson IN RE: BOARD OF COMMISSIONERS – SUPPORT OF ECODRIVINGUSA To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the above-titled resolution on October 6, 2009, reports with a recommendation that the resolution be adopted. Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE MISCELLANEOUS RESOLUTION #09150 BY: Commissioner Jim Nash, District #15 IN RE: BOARD OF COMMISSIONERS – SUPPORT OF ECODRIVINGUSA To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the U.S. is facing an unprecedented energy crisis; and WHEREAS the financial cost of powering our homes and automobiles are rising with no end in sight; and WHEREAS the federal government has yet to determine a long-term national energy policy for the future; and WHEREAS the automobile industry has teamed up with leading environmental advocates to launch a program called EcoDrivingUSA, a nationwide effort to save consumers money at the gas pump, reduce fuel use and cut carbon dioxide (CO2) emissions; and WHEREAS by following EcoDriving’s subtle and easy-to-use practices for driving and vehicle maintenance, a typical driver can improve fuel economy by about 15 percent; and WHEREAS if everyone in Michigan practiced EcoDriving, we could reduce CO2 emissions by over 7 million tons annually, equivalent to the average annual emissions of 685,000 households; and WHEREAS Michigan Governor Jennifer Granholm became one of the first governors in the United States to endorse EcoDrivingUSA on behalf of the State of Michigan. NOW THEREFORE BE IT RESOLVED that Oakland County does hereby expresses our support for the EcoDrivingUSA campaign, and calls on county residents to become “EcoDrivers.” BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to Governor Jennifer M. Granholm, EcoDrivingUSA, the Oakland County delegation to Commissioners Minutes Continued. October 14, 2009 720 the Michigan legislature, the Michigan Association of Counties, and Oakland County’s legislative lobbyists, and that a copy of this resolution posted on the county website. Chairperson, we move the adoption of the foregoing resolution. JIM NASH, MARCIA GERSHENSON, TIM BURNS, GARY McGILLIVRAY, MATTIE HATCHETT, ERIC COLEMAN, JANET JACKSON, DAVID WOODWARD (The vote for this motion appears on page 722.) *REPORT (MISC. #09237) BY: Human Resources Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFF’S OFFICE – FY 2010 AUTOMOBILE THEFT PREVENTION AUTHORITY (ATPA) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee having reviewed the above referenced resolution on October 14, 2009 reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing report. HUMAN RESOURCES COMMITTEE MISCELLANEOUS RESOLUTION #09237 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE – FISCAL YEAR 2010 AUTOMOBILE THEFT PREVENTION AUTHORITY (ATPA) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan, Automobile Theft Prevention Authority (ATPA), awarded the Auto Theft Unit of the Sheriff’s Office funding in the amount of $1,191,191 for the fiscal year period of October 1, 2009 through September 30, 2010 and represents continuation funding; and WHEREAS for FY10 the Oakland County Sheriff’s Department will administer the total of the grant award; and WHEREAS currently, the West Bloomfield Police Department and Wayne County Sheriff’s Office are part of the ATPA program and will not be participating in the FY10 ATPA program; and WHEREAS the Waterford, Hazel Park, Farmington Hills, and Pontiac Police Departments are included in the FY10 grant awarded to Oakland County; and WHEREAS Oakland County has been awarded $668,172 with a required $334,086 local match, the Farmington Hills Police Department $113,584 with a required $56,792 local match, the Hazel Park Police Department $94,801 with a required $47,401 local match, the Waterford Township Police Department $113,645 with a required $56,823 local match, the Wayne County Sheriff Department $200,989 with a required $100,495 local match; and WHEREAS Wayne County has recently notified the ATPA that it will no longer participate in the Program, the ATPA has agreed that Wayne County funds be utilized to offset expenses associated with the participation of the Pontiac Police Department and an additional agency new to the FY10 ATPA team; and WHEREAS the Oakland County matching funds requirement increased from forty percent (40%) to fifty percent (50%) and the County’s share of $334,086 is available in the General Fund non-departmental grant match account and has been included in the Fiscal Year 2010 Adopted Budget; and WHEREAS the total program required match is $595,595 and is met by each participating municipalities local matching funds; and WHEREAS the award provides full time funding for the following current positions with the Sheriff’s Department one (1) Sergeant (# 4030915-10333) and four (4) Deputy II’s (# 4030915 -06108, 06109, 06147, 06148); and WHEREAS this grant provides funding for the creation of one (1) additional Deputy II in the Sheriff’s/Investigative & Forensic Services/Special Teams Unit; and Commissioners Minutes Continued. October 14, 2009 721 WHEREAS the acceptance of this grant does not obligate the County to any future commitment; and WHEREAS the continuation of the program is contingent upon future levels of grant funding; and WHEREAS this grant award has been processed through the County Executive’s Contract Review process and the Board of Commissioners’ Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the Fiscal Year 2010 Automobile Theft Prevention Authority Grant award in the amount of $1,191,191. BE IT FURTHER RESOLVED that one (1) Deputy II be created in the Sheriff’s/Investigative & Forensic Services/Special Teams Unit. BE IT FURTHER RESOLVED that one (1) unmarked vehicle with radio be added to the County Fleet. BE IT FURTHER RESOLVED that the Board Chairperson on behalf of the County of Oakland, is authorized to execute the grant acceptance. BE IT FURTHER RESOLVED that continuation of this program, including positions, is contingent upon continued grant funding of this program. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Grant Review Sign Off – Sheriff’s Office, Pertinent Salaries, Letter from David A. Tjepkema, Acting Executive Director and Oakland County Auto Theft Squad Combined Budget Detail on file in County Clerk’s office. FISCAL NOTE (MISC. #09237) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF’S OFFICE – FISCAL YEAR 2010 AUTOMOBILE THEFT PREVENTION AUTHORITY (ATPA) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Automobile Theft Prevention Authority (ATPA) awarded the Sheriff’s Office, Auto Theft Unit, funding in the amount of $1,191,191. 2. Of the total award of $1,191,191, Oakland County administers $895,401, which excludes the Wayne County Sheriff’s Department ($200,989) and Hazel Park Police Department ($94,801) who each receive their funding directly from the State. 3. Of the total $895,401 in award funds administered by Oakland County, the County will receive $334,086 with a required $334,086 in local match, the Farmington Hills Police Department will receive $56,792 with a required $56,792 local match, the Wayne County Sheriff Department will receive $100,495 with a required $100,494 local match, the Hazel Park Police Department will receive $47,401 with a required $47,400 local match, and the Waterford Township Police Department will receive $56,823 with a required $56,822 local match. 4. The County’s required local match of 50% in the amount of $334,086 is available in the Non- Departmental Grant Match account. 5. The grant continues funding for four (4) Deputy II positions (#’s 06108, 06109, 06147, and 06148) and one (1) Sergeant position (#10333). 6. With this award one (1) new SR FTE Deputy II position is created in the Sheriff’s Investigative & Forensic Services/Special Teams Unit. 7. The FY 2010 award reflects an increase of $1,571 over the FY 2009 award, however, it is below the total FY 2010 application budget of $1,424,073. 8. No Sheriff Auto Theft Prevention – Forfeiture Deferred Revenue Funds are needed to supplement the grant award or required matching funds for this grant acceptance. 9. In support of the creation of the new Deputy II position, an additional vehicle is needed, and the Sheriff plans to reactivate an unmarked vehicle recently turned in to the Motor Pool, which requires no new capital cost and sufficient operating cost for this vehicle is included in the award. 10. In addition to the County match requirements, the County is expected to incur administrative and support costs of $35,462 for FY 2010, which have been included in the FY 2010 Adopted Budget. This grant does not allow for recovery of those costs. 11. A Special Revenue Fund budget amendment is recommended as follows: Commissioners Minutes Continued. October 14, 2009 722 FY 2010 FY 2010 FY 2010 Adopted Adjustment Amended GENERAL FUND #10100 Expenditures 9090101-196030-730800 Grant Match $1,979,137 ($334,086) $1,645,051 4030901-116270-788001-27310 Transfer Out $ -0- $334,086 $ 334,086 Total General Fund Expenditures $1,979,137 $ -0- $1,979,137 SPECIAL REVENUE FUND #27310 Revenues 4030901-116270-695500-10100 Transfer In $271,458 $ 62,628 $ 334,086 4030901-116270-615571 Grants-State $492,312 ($158,226) $ 334,086 4030901-116270-625558 Local Match $115,763 $145,748 $ 261,511 Total Sheriff - ATPA Grant Revenues $879,533 $ 50,150 $ 929,683 Expenditures 4030901-116270-702010 Salaries $488,970 $ 49,566 $ 538,536 4030901-116270-712020 Overtime $ 33,923 ($ 6,995) $ 26,928 4030901-116270-722740 Fringe Benefits $303,630 $ 5,469 $ 309,099 4030901-116270-778675 Telephone $ 7,830 ($ 4,730) $ 3,100 4030901-116270-776661 Motor Pool $ 43,920 $ 7,930 $ 51,850 4030901-116270-750070 Deputy Supp. $ 1,260 ($ 1,090) $ 170 Total Sheriff - ATPA Grant Expenditures $879,533 $ 50,150 $ 929,683 FINANCE COMMITTEE Vote on amended Consent Agenda: AYES: Bullard, Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). Commissioner Middleton stated there were no items to report on the Regular Agenda. REPORT BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – APPOINTMENTS TO THE SOLID WASTE PLANNING COMMITTEE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered appointments to the Solid Waste Planning Committee on October 5, 2009, hereby recommends that the following individuals be appointed for a two- year term of October 12, 2009 – October 11, 2011. Solid Waste Industry Seats John Myers Mike Csapo, Michael Czuprenski Environmental Interest Groups Jean Gramlich Randall Young County Government Sue Ann Douglas, Commissioner City Government Claire Galed Industrial Waste Generators Linda Furlough Commissioners Minutes Continued. October 14, 2009 723 General Public Mary Ann Ryan Steven Balagna Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Copy of Application Form for Appointment to Boards, Committees and Commissions on file in County Clerk’s office. Moved by Long supported by Middleton the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Chairperson Bill Bullard asked if there were any other nominations. There were none. Moved by Long supported by Middleton the appointments of John Myers, Mike Csapo, Michael Czuprenski, Jean Gramlich, Randall Young, Sue Ann Douglas, Claire Galed, Linda Furlough, Mary Ann Ryan, and Steven Balagna to the Solid Waste Planning Committee for a Two Year Term ending October 11, 2011, be confirmed. Vote on appointment: AYES: Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard. (25) NAYS: None. (0) A sufficient majority having voted in favor, the appointments of John Myers, Mike Csapo, Michael Czuprenski, Jean Gramlich, Randall Young, Sue Ann Douglas, Claire Galed, Linda Furlough, Mary Ann Ryan, and Steven Balagna to the Solid Waste Planning Committee for a Two Year Term ending October 11, 2011, were confirmed. REPORT (MISC. #09180) BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – REQUIRING OAKLAND COUNTY TO PARTICIPATE IN THE FEDERAL E-VERIFY PROGRAM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered the above titled resolution on October 5, 2009, recommends that the resolution be adopted with the following amendments: NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby establishes a county policy that Oakland County shall register with, participate in, and utilize the E- Verify Program (or any successor program implemented by the federal Department of Homeland Security and/or the federal Social Security Administration) when hiring new employees after September 8, 2009 February 1, 2010. BE IT FURTHER RESOLVED that Oakland County shall not hire any new employees after September 8, 2009 unless it utilizes the E-Verify Program (or any successor program implemented by the federal Department of Homeland Security and/or the federal Social Security Administration) to verify the work authorization status of the newly hired employees. BE IT FURTHER RESOLVED that the County Executive County’s Human Resources Department shall formulate rules and procedures that include a clause that the County's Human Resources Department must implement the provisions of this resolution to implement the provisions of this resolution. BE IT FURTHER RESOLVED that said rules and procedures be presented to the Board of Commissioners by October 1, 2009 for approval before implementation. Human Resources Committee on or before February 1, 2010. Commissioners Minutes Continued. October 14, 2009 724 BE IT FURTHER RESOLVED that the administration shall report to the General Government Human Resources Committee on the anniversary of the implementation of this E-Verify policy for employees as to its effectiveness, accuracy, and burden and that upon receipt of this report and the review and approval by the General Government Committee that the Oakland County Board of Commissioners’ approval be required for continued effect. BE IT FURTHER RESOLVED that copies of this resolution approving implementation of the E-Verify program be sent to Michigan’s Congressional delegation, its State Legislative delegation, and all its local units of government in support of our nation’s immigration laws. Chairperson, we move the foregoing resolution. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #09180 BY: Commissioners Tim Greimel, Jim Runestad, Tim Burns, Steven Schwartz IN RE: BOARD OF COMMISSIONERS – REQUIRING OAKLAND COUNTY TO PARTICIPATE IN THE FEDERAL E-VERIFY PROGRAM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS according to the Pew Hispanic Center, a non-profit, non-partisan research organization, there are approximately 7.2 million undocumented workers in the United States, and Michigan has an estimated 150,000 immigrants living within the state illegally; and WHEREAS according to the United States Department of Labor, Michigan has the highest unemployment rate in the nation at 12.6% (Bureau of Labor Statistics Report 4/17/2009), including Oakland County at almost 12% and climbing; and WHEREAS research by the Mackinac Center for Public Policy suggests the true unemployment rate, including those who have been reduced to part-time work, stopped looking for work, or have dropped off the unemployment rolls may be significantly higher than that reported by the U.S. Department of Labor; and WHEREAS the Detroit News (4/2/2009) has reported that Michigan has lost nearly half a million residents to other states over the last 8 years looking for employment; and WHEREAS Michigan and Oakland County are suffering from an economic recession with citizens and legal aliens having difficulty gaining employment within the state; and WHEREAS the Wall Street Journal (7/30/2008) reported that more than $11 billion in wages last year earned by unauthorized foreign workers in the United States was sent back to their home countries and therefore was not spent to stimulate the United States economy; and WHEREAS businesses that hire illegal workers undercut honest competitors, contribute to increased unemployment for U.S. citizens and legal aliens, and financially burden local communities with additional health and social services costs; and WHEREAS it is in the best interests for the security and economic well-being of Oakland County residents for the county government to be proactive in upholding federal immigration and employment laws; and WHEREAS according to U.S. Citizenship and Immigration Services (USCIS), the federal E-Verify program is 99.6% accurate, instantaneous, and free, and its use by government vendors is required by all federal agencies and 15 states effective September 8, 2009. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby establishes a county policy that Oakland County shall register with, participate in, and utilize the E-Verify Program (or any successor program implemented by the federal Department of Homeland Security and/or the federal Social Security Administration) when hiring new employees after September 8, 2009. BE IT FURTHER RESOLVED that Oakland County shall not hire any new employees after September 8, 2009 unless it utilizes the E-Verify Program (or any successor program implemented by the federal Department of Homeland Security and/or the federal Social Security Administration) to verify the work authorization status of the newly hired employees. BE IT FURTHER RESOLVED that the County Executive shall formulate rules and procedures that include a clause that the County's Human Resources Department must implement the provisions of this resolution. Commissioners Minutes Continued. October 14, 2009 725 BE IT FURTHER RESOLVED that said rules and procedures be presented to the Board of Commissioners by October 1, 2009 for approval before implementation. BE IT FURTHER RESOLVED that the administration shall report to the General Government Committee on the anniversary of the implementation of this E-Verify policy for employees as to its effectiveness, accuracy, and burden and that upon receipt of this report and the review and approval by the General Government Committee that the Oakland County Board of Commissioners’ approval be required for continued effect. BE IT FURTHER RESOLVED that copies of this resolution approving implementation of the E-Verify program be sent to Michigan’s Congressional delegation, its State Legislative delegation, and all its local units of government in support of our nation’s immigration laws. Chairperson, we move the foregoing resolution. TIM GREIMEL, JIM RUNESTAD, TIM BURNS, STEVEN SCHWARTZ, ERIC COLEMAN, JIM NASH, DAVID COULTER, GARY McGILLIVRAY, HELAINE ZACK, MARCIA GERSHENSON, BILL BULLARD, DAVID WOODWARD, SHELLEY TAUB, JANET JACKSON, JEFF POTTER The Chairperson referred the resolution to the Human Resources Committee. There were no objections. Commissioner Douglas stated there were no items to report on the Regular Agenda. MISCELLANEOUS RESOLUTION #09238 BY: Planning and Building Committee, John Scott, Chairperson IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION APPROVING ISSUANCE OF REFUNDING BONDS (CRANBROOK EDUCATIONAL COMMUNITY) - CITY OF BLOOMFIELD HILLS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Economic Development Corporation of the County of Oakland (“EDC”) issued limited obligation revenue bonds in 1997 (the “1997 Bonds”) and 1998 (the “1998 Bonds”) for the benefit of Cranbrook Educational Community (“Cranbrook”); and WHEREAS at the request of Cranbrook, the EDC has approved the issuance of limited obligation revenue refunding bonds in the principal amount of $18,425,000 for the benefit of Cranbrook to refund a portion of the 1997 Bonds and all of the 1998 Bonds (the “Refunding”) for the principal purpose of reducing the interest cost to Cranbrook; and WHEREAS in connection with the Refunding, the Board of Commissioners is required by federal income tax law to hold a public hearing with respect to such Refunding; and WHEREAS the Board of Commissioners has held a public hearing regarding the proposed Refunding. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the proposed Refunding. BE IT FURTHER RESOLVED that the County Clerk is hereby directed to provide four certified copies of this resolution to the Assistant Secretary of the Board of the EDC. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Moved by Scott supported by Potts the resolution be adopted. Discussion followed. Commissioners Minutes Continued. October 14, 2009 726 Vote on resolution: AYES: Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns. (24) NAYS: Greimel. (1) A sufficient majority having voted in favor, the resolution was adopted. MISCELLANEOUS RESOLUTION #09225 By: Planning and Building Committee, John Scott, Chairperson IN RE: WATER RESOURCES COMMISSIONER - BLOOMFIELD HILLS WATER SUPPLY SYSTEM TRANSFER AND ASSIGNMENT OF ALL COUNTY INTEREST IN EASEMENTS, RIGHTS-OF-WAY, WATER MAINS, LATERALS AND RELATED EQUIPMENT, FACILITIES AND IMPROVEMENTS LOCATED WITHIN THE CITY OF BLOOMFIELD HILLS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in 1964 and under provisions of Act 185 of the Public Acts of 1957, as amended, the County established and holds legal title to the Bloomfield Hills Water Supply System which consists of transmissions mains, distribution laterals and appurtenances necessary for the transportation and distribution of potable water purchased by the County from the City of Detroit to serve the City of Bloomfield Hills; and WHEREAS pursuant to a contract dated October 1, 1968, and amended thereafter, between the County and City of Bloomfield Hills, the County issued bonds, secured by the full faith and credit of the municipality for the finance, design, acquisition and construction of the Bloomfield Hills Water Supply System; and WHEREAS on July 17, 1969, and pursuant to Miscellaneous Resolution No. 5143 the County approved a contract dated July 2, 1969, and amended thereafter, between the County and the City of Detroit, whereby the City of Detroit agreed to deliver, and the County agreed to purchase water to supply the needs of the City of Bloomfield Hills; and WHEREAS pursuant to Miscellaneous Resolution No. 93075 the Water Resources Commissioner was authorized to administer, operate and maintain the Bloomfield Hills Water Supply System on behalf of the City of Bloomfield Hills; and WHEREAS the City of Bloomfield Hills has determined that it is in the best interests of their residents to become a member of the Southeastern Oakland County Water Authority (SOCWA) and has entered into a water supply contract whereby SOCWA agrees to deliver, and City agrees to purchase water to supply the needs of the City of Bloomfield Hills; and WHEREAS the City of Bloomfield Hills has requested that the County divest itself and transfer all title and interest in the Bloomfield Hills Water Supply System; and WHEREAS there is no outstanding debt or other indebtedness with respect to the finance, design or construction of the System; and WHEREAS the County, through its Water Resources Commissioner, will continue to administer, operate and maintain the system on behalf of the City of Bloomfield Hills, and the City agrees to pay the County for all associated costs and expenses associated with the administration, operation and maintenance of the Bloomfield Hills Water Supply System. NOW THEREFORE BE IT RESOLVED that given the special and unique circumstances related to the original acquisition and subsequent use of the property and in consideration of the health, safety and welfare of the citizens of the City Bloomfield Hills the County hereby transfers and assigns all County interest in easements, rights-of-way, water mains, laterals and related equipment, facilities and improvements relating to the Bloomfield Hills Water Supply System to the City of Bloomfield Hills. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or designee to execute a Quit Claim Deed in substantially the form attached hereto as Attachment A in favor of the City of Bloomfield Hills and any other necessary property transfer documents. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Commissioners Minutes Continued. October 14, 2009 727 Copy of Quit Claim Conveyance of Easements, Right-of-Way and Water System Facilities and Improvements and City of Bloomfield Hills Easement Transfer on file in County Clerk’s office. FISCAL NOTE (MISC. #09225) BY: Finance Committee, Tom Middleton, Chairperson IN RE: WATER RESOURCES COMMISSIONER - BLOOMFIELD HILLS WATER SUPPLY SYSTEM TRANSFER AND ASSIGNMENT OF ALL COUNTY INTEREST IN EASEMENTS, RIGHT-OF-WAY, WATER MAINS, LATERALS AND RELATED EQUIPMENT, FACILITIES AND IMPROVEMENTS LOCATED WITHIN THE CITY OF BLOOMFIELD HILLS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. This resolution approves the conveyance of Oakland County’s interest in the easements, right-of- way, water mains, equipment and facilities of the Bloomfield Hills Water Supply System to the City of Bloomfield Hills for the sum of $1.00. 2. The Bloomfield Hills Water Supply System was constructed under an agreement dated October 1, 1968 between the County of Oakland and the City of Bloomfield Hills under the provisions of Act 185 of the Michigan Public Acts of 1957, as amended. 3. Bonds were issued for the project with all principal and interest payments the responsibility of the City of Bloomfield Hills; said bonds are paid in full. 4. Upon completion of the system, the County leased the system to the City of Bloomfield Hills and made it the City of Bloomfield Hills’ responsibility to cover all costs to adequately maintain said system. 5. The conveyance of the Bloomfield Hills Water Supply System to the City of Bloomfield Hills will relinquish Oakland County from any further liabilities to the system. 6. Oakland County Water Resources Commissioner will continue to operate and maintain the water system on behalf of the city and at the City of Bloomfield Hills’ expense. 7. There are no fiscal implications and therefore, no budget amendment is required. FINANCE COMMITTEE Moved by Potts supported by Scott the resolution (with fiscal note attached) be adopted. AYES: Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted. MISCELLANEOUS RESOLUTION #09226 BY: Planning and Building Committee, John A. Scott, Chairperson IN RE: FACILITIES MANAGEMENT – LADY JUSTICE STATUE LICENSE AGREEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County contracted with an outside vendor to reconstruct a new Lady Justice statue after the statue suffered damage from a storm in 2008; and WHEREAS on September 1, 2009 the Lady Justice statue was dedicated by the County and placed on a new pedestal at the south Courthouse entrance plaza; and WHEREAS the reconstruction work was performed by the Fine Arts Sculpture Center of Clarkston, Michigan; and WHEREAS there has been interest generated in the community including a request to duplicate the Lady Justice statue; and WHEREAS at Facilities Management’s request, Corporation Counsel drafted a license agreement (attached) between the Fine Arts Sculpture Center and the County of Oakland; and Commissioners Minutes Continued. October 14, 2009 728 WHEREAS the license agreement grants a license to the Fine Arts Sculpture Center to use the Lady Justice molds to create additional Lady Justice replicas for sale to other buyers; and WHEREAS the license agreement calls for a royalty fee of $1,000 be paid to the County for each replica. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the license agreement as drafted by Corporation Counsel between the Fine Arts Sculpture Center and the County of Oakland. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE LICENSE AGREEMENT This Agreement is made and effective as of October 15, 2009, between the COUNTY OF OAKLAND, a Michigan Constitutional Corporation, hereinafter called “County” or “Licensor” whose principal address is 2100 Pontiac Lake Road, Waterford, MI 48328 and FINE ARTS SCULPTURE CENTRE, INC., a corporation of the State of Michigan, having its principal place of business at 4975 Waldon Road, Clarkston, MI 48348, hereinafter called “Licensee”, collectively referred to as the Parties. RECITALS 1. Licensor has purchased molds of the statue known as “Lady Justice” from Licensee. These molds, hereinafter “Lady Justice Molds”, were created by Licensee for Licensor pursuant to a contract with the Oakland County Purchasing Division (Contract No. 002473). The molds were created for the purpose of casting a bronze replica of the original “Lady Justice” statue for the County. 2. Licensee desires to be licensed to use the molds in order to create additional replicas to be sold to other buyers. DISPOSITIONS In accordance with the Recitals and for good and valuable consideration, the sufficiency of which is acknowledged, the undersigned Parties agree as follows: ARTICLE I THE GRANT 1.00 Licensor grants to Licensee a license, with no right to grant sublicenses, to use the Lady Justice Molds to create additional Lady Justice replicas for sale to other buyers. ARTICLE II EXERCISE OF LICENSE 2.00 Licensee agrees to pay Licensor a royalty of $1,000.00 (One Thousand) for each Lady Justice replica sold by Licensee. 2.01 Licensee agrees not to change or alter the Lady Justice Molds in any way or to permit the Lady Justice Molds to be changed or altered in any way. 2.02 Licensee agrees to make reasonable efforts to care for and maintain the Lady Justice Molds. ARTICLE III ACKNOWLEDGMENTS BY LICENSEE 3.00 Licensee acknowledges that the Lady Justice Molds and Lady Justice likeness are, and shall at all times remain, the sole and exclusive property of Licensor; Licensee shall have no right, title, or interest in them except as expressly set forth in this Agreement. ARTICLE IV RECORDS, REPORTS, AND PAYMENTS 4.00 Licensee agrees to keep accurate records of its sales of Lady Justice replicas and to permit these records to be examined from time to time during the life of this Agreement and for one year thereafter by authorized representatives of Licensor during the usual business hours. 4.01 Licensee agrees to furnish written reports to Licensor, within 30 days after the first of January, April, July, and October of each year during the life of this Agreement. These reports will set forth information for the preceding calendar quarter regarding Licensee's sales of Lady Justice replicas, including the number, identity of buyer, and any other details that may be required to enable Licensor to ascertain compliance with the terms of this Agreement. These reports shall be accompanied with all royalties then due. 4.02 Licensee agrees to send all reports, royalty payments, and communication of any kind to Licensor addressed to: Director of Facilities Management (Primary Contact Person) One Public Works Drive, Building 95 West Waterford, Michigan 48328 Commissioners Minutes Continued. October 14, 2009 729 Or addressed to: Manager of Facilities Engineering (Secondary Contact Person) One Public Works Drive, Building 95 West Waterford, Michigan 48328 ARTICLE V RELATIONSHIP OF PARTIES 5.00 The Parties agree that they are completely separate entities and are not partners, joint venturers, or agents of the other in any sense whatsoever. Neither of the Parties has the power to obligate or bind the other or to use the name of the other except as provided in this Agreement. ARTICLE VI TERM AND TERMINATION 6.00 This Agreement shall be in effect until either Party terminates the Agreement by giving 30 days' termination notice in writing to the other Party. Either Party may terminate the Agreement for any reason, including convenience. 6.01 This Agreement shall terminate automatically on the insolvency or bankruptcy of Licensee, on the appointment of a receiver for Licensee, or its reorganization for the benefit of creditors. ARTICLE VII RIGHTS AFTER TERMINATION 7.00 The termination or expiration of this Agreement shall not relieve Licensee of its obligation to furnish reports and payments required under Article IV. 7.01 Licensee expressly understands and agrees that the license granted under Article I immediately ceases and terminates on termination or expiration of this Agreement. ARTICLE VIII ASSIGNABILITY 8.00 Licensee agrees that this Agreement is not assignable by Licensee without the prior written approval of Licensor. ARTICLE IX INDEMNITY 9.00 Licensee shall indemnify, defend, and hold harmless Licensor (and its successors, assigns, agents, employees, and representatives) from and against all claims, actions, liabilities, and damages, including incident costs and attorney fees, that may be suffered by or recoverable from such parties resulting from or arising out of any breach by Licensee of any of its obligations under this Agreement or any claim by any party resulting from Licensee's use of the Lady Justice Molds or its business operations, brought by customers or creditors or others, including, without limitation, any claims for warranties or product liability. ARTICLE X NOTICE 10.00 Any notice or other communication required or permitted to be made or given to either of the Parties pursuant to this Agreement shall be deemed properly given if delivered in writing personally or by certified mail to the parties at their addresses listed on page one of this Agreement, or at any other addresses that may be communicated by the Parties to each other in writing. ARTICLE XI MISCELLANEOUS PROVISIONS 11.00 The Recitals at the beginning of this Agreement are incorporated by reference. However, the headings of several sections of this Agreement have been inserted for convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of the Agreement. 11.01 This Agreement shall be governed, interpreted and enforced by the laws of the State of Michigan. Except as otherwise required by law or court rule, any action brought to enforce, interpret, or decide any Claim arising under or related to this Contract shall be brought in the Sixth Judicial Circuit Court of the State of Michigan, the 50th District Court of the State of Michigan, or the United States District Court for the Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of the court. Except as otherwise required by law or court rule, venue is proper in the courts set forth above. The choice of forum set forth above shall not be deemed to preclude the enforcement of any judgment obtained in such forum or taking action under this Contract to enforce such judgment in any appropriate jurisdiction. 11.02 If any provisions of this Agreement are determined to be illegal or unenforceable, this Agreement is automatically terminated. The parties have executed this Agreement on the date listed on the first page of this Agreement. Commissioners Minutes Continued. October 14, 2009 730 WITNESSES LICENSEE _______________________________ [Typed name of witness] By: _________________________ Michael Petrucci, Owner of Fine Arts Sculpture Centre, Inc. LICENSOR _______________________________ [Typed name of witness] By: _________________________ Bill Bullard, Chairperson, Oakland County Board of Commissioners FISCAL NOTE (MISC. #09226) BY: Finance Committee, Tom Middleton, Chairperson IN RE: FACILITIES MANAGEMENT – LADY JUSTICE STATUE LICENSE AGREEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Oakland County contracted with Fine Arts Sculpture Centre of Clarkston, Michigan to reconstruct a new Lady Justice statue. 2. Corporation Counsel has drafted a license agreement between Fine Arts Sculpture Centre and Oakland County, which grants a license to the Fine Arts Sculpture Centre to use the Lady Justice molds to create additional replicas for sale to other buyers. 3. The lease agreement calls for a royalty fee of $1,000 to be paid to the County for each replica. 4. Royalty fees received by the County will be receipted in the Facilities Maintenance & Operations Fund Revenue Budget in the External - Other Revenue account (#63100-1040702-140010- 635530). 5. No budget amendment is required. FINANCE COMMITTEE Moved by Scott supported by Gingell the resolution (with fiscal note attached) be adopted. Discussion followed. Vote on resolution: AYES: Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Scott, Taub, Woodward, Zack, Bullard, Capello, Coleman. (23) NAYS: Schwartz, Burns. (2) A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted. MISCELLANEOUS RESOLUTION #09239 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE - CONTRACT AMENDMENT #2 FOR LAW ENFORCEMENT SERVICES IN THE CITY OF ROCHESTER HILLS - 2009 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the City of Rochester Hills has contracted with the Oakland County Sheriff's Department to provide law enforcement services for the City (M.R. #08249); and WHEREAS paragraph 24 of this Contract provided that an amendment to this Contract must be approved by concurrent resolutions of both the Oakland County Board of Commissioners and the Rochester Hills City Council; and Commissioners Minutes Continued. October 14, 2009 731 WHEREAS the City of Rochester Hills has approved a proposed amendment to the contract (Schedule A Deputies Contracted) which would delete (1) Detective Sergeant reducing the number of Detective Sergeants from two (2) to one (1) and bringing the total number of contracts to fifty-nine (59); and WHEREAS the Sheriff has agreed to delete one (1) Detective Sergeant for the City of Rochester Hills under the terms of this contract. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves an amendment to the original Schedule A (Sheriff Deputies Contracted) of the Oakland County Sheriff's Department 2009 Law Enforcement Services Agreement with the City of Rochester Hills to delete one (1) Detective Sergeant. BE IT FURTHER RESOLVED that position #02200 be deleted in the Rochester Hills Unit, Patrol Services Division of the Sheriff’s Office. BE IT FURTHER RESOLVED that one unmarked vehicle with radio be deleted. BE IT FURTHER RESOLVED that this amendment will take effect October 31, 2009. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Oakland County Sheriff’s Department 2009 Law Enforcement Services Agreement with City of Rochester Hills and Sheriff’s Deputies Contracted for and to be Assigned to Municipality on file in County Clerk’s office. The Chairperson referred the resolution to the Human Resources Committee and the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #09240 BY: Commissioners David Woodward, District #18, John Scott, District #5 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR ENACTMENT OF MICHIGAN LEGISLATION TO CLEARLY AUTHORIZE COUNTIES TO OWN AND OPERATE FARMER’S AND FLEA MARKETS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in 1952, the Oakland County Commission adopted a resolution to establish the Oakland County Farmer’s Market; and WHEREAS the county administration reported that there was no record of the Oakland County Commission adopting a resolution to establish a Oakland County Flea Market; and WHEREAS a successful farmer’s market and flea market has been operating at 2350 Pontiac Lake Road, located in Waterford, Michigan for many years; and WHEREAS the County Market offers fresh farm, garden, orchard and greenhouse produce to the general public; and WHEREAS the County Flea Market, operating every Sunday on the same site, offers booths selling antiques, collectibles, household items, furniture, books, records, tools and new items; and WHEREAS the Michigan Legislature, in a comprehensive rewrite of the laws governing municipal borrowing, adopted Public Act 299 in 2002 which repealed a 1923 statute which granted to counties the authority to construct, equip, or purchase buildings to be used as a public market; and WHEREAS the Oakland County administration, after being asked to look into the issue, concluded there is no statutory authority that allows Oakland County to operate a flea market; and WHEREAS the Oakland County administration has announced that the Oakland County Flea Market will close after October 25th; and WHEREAS flea markets and farmer’s market can have positive impact; they provide a place where people easily interact with social and economic activity; and WHEREAS state legislation may be needed in order to clearly define the ability of counties to be able to own and operate farmer’s markets and flea markets. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby requests the Michigan legislature to draft and adopt the necessary statues that will clearly provide Michigan’s county’s with the authority to operate farmers and flea markets. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners requests its lobbyist to provide assistance in seeing that the legislature is made aware of the urgency of this matter and that the appropriate legislation is drafted, introduced and adopted as expeditiously as feasible. Commissioners Minutes Continued. October 14, 2009 732 BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to resolution to Governor Jennifer M. Granholm, the Oakland County delegation to the Michigan Legislature, the Michigan Association of Counties and Oakland Counties Legislative Lobbyists. Chairperson, we move the adoption of the foregoing resolution. DAVID WOODWARD, JOHN SCOTT, JANET JACKSON, MATTIE HATCHETT, ERIC COLEMAN, MARCIA GERSHENSON, STEVEN SCHWARTZ, HELAINE ZACK, DAVID COULTER, GARY McGILLIVRAY, JIM NASH, TIM GREIMEL, BILL BULLARD, SHELLEY TAUB, MICHAEL GINGELL, THOMAS MIDDLETON Moved by Woodward supported by Middleton to suspend the rules and vote on MISCELLANEOUS RESOLUTION #09240 – BOARD OF COMMISSIONERS – SUPPORT FOR ENACTMENT OF MICHIGAN LEGISLATION TO CLEARLY AUTHORIZE COUNTIES TO OWN AND OPERATE FARMER’S AND FLEA MARKETS. Vote on motion to suspend the rules: AYES: Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello, Coleman, Coulter. (25) NAYS: None. (0) A sufficient majority having voted in favor, the motion to suspend the rules and vote on MISCELLANEOUS RESOLUTION #09240 – BOARD OF COMMISSIONERS – SUPPORT FOR ENACTMENT OF MICHIGAN LEGISLATION TO CLEARLY AUTHORIZE COUNTIES TO OWN AND OPERATE FARMER’S AND FLEA MARKETS carried. Moved by Woodward supported by Middleton the resolution be adopted. Discussion followed. Vote on resolution: AYES: Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello, Coleman, Coulter, Douglas. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. MISCELLANEOUS RESOLUTION #09241 BY: Robert Gosselin, District #13 IN RE: BOARD OF COMMISSIONERS - OPPOSE PASSAGE OF U.S. CONGRESS COMPREHENSIVE FEDERAL HEALTH REFORM LEGISLATION HB 3200 To the Oakland County Board of Commissioners Chairperson, Ladies, and Gentlemen: WHEREAS the United States is struggling through a severe, economic recession that is negatively affecting families of all income levels, causing a decrease in those income levels; and WHEREAS Congressman Gary Peters had a Town Hall meeting Sept. 1st where full disclosure of the contents of HB 3200 were not answered, leaving issues of the bill in question; and WHEREAS Oakland County Officials are elected to protect the health and welfare of their constituents; and WHEREAS the Health system in the United States is not perfect, but it is the best system in the world that even draws people from all over the world to come and seek their health solutions here; and WHEREAS we in the United States are always seeking to improve our health system here; and Commissioners Minutes Continued. October 14, 2009 733 WHEREAS enacting the HB 3200 legislation or the Baucus U.S. Senate Bill is not only in the wrong direction in an attempt to make the world’s best health care system even better, but it would essentially destroy it; and WHEREAS the additional astronomical cost of enacting HB 3200 or the Baucus U.S. Senate Health Bill would likely be a burden too big for this country to bear, possibly taking this country into or near bankruptcy; and WHEREAS under this new HB 3200 or the Baucus U.S. Senate Health Bill system, fewer doctors, nurses and medical personnel will be available for caring for the increased number of people of the United States and the world because of governmental oversight as seen in other countries all over the world and will even lower the health services to the bottom 25,000,000 most needing health services in our America. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners strongly urges the 111th Congress of the United States NOT to enact comprehensive health reform legislation HB 3200, and strongly urges the U.S. Senate NOT to enact the New Baucus U.S. Senate Health Bill. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners respectfully requests the Oakland County Clerk, Ruth Johnson, to forward copies of this adopted resolution to the National Association of Counties (NACo) Health System Reform Group chaired by (NACo) President Valerie Brown, as well as our two Michigan U.S. Senators and all U.S. Congressional Representatives that represent any part of Oakland County in Washington D.C. Chairperson, we move the adoption of the foregoing resolution. ROBERT GOSSELIN, JOHN SCOTT, SHELLEY TAUB, SUE ANN DOUGLAS, JIM RUNESTAD, BRAD JACOBSEN, TOM MIDDLETON, BILL BULLARD, DAVID POTTS, MICHAEL GINGELL, CHRISTINE LONG, KIM CAPELLO Moved by Gosselin supported by Gingell to suspend the rules and vote on MISCELLANEOUS RESOLUTION #09241 - BOARD OF COMMISSIONERS - OPPOSE PASSAGE OF U.S. CONGRESS COMPREHENSIVE FEDERAL HEALTH REFORM LEGISLATION HB 3200. Discussion followed. Vote on motion to suspend the rules: AYES: Gingell, Gosselin, Jacobsen, Long, Middleton, Potter, Potts, Runestad, Scott, Taub, Bullard, Capello, Douglas. (13) NAYS: Greimel, Hatchett, Jackson, McGillivray, Nash, Schwartz, Woodward, Zack, Burns, Coleman, Coulter, Gershenson. (12) A sufficient majority having voted in favor, the motion to suspend the rules and vote on MISCELLANEOUS RESOLUTION #09241 - BOARD OF COMMISSIONERS - OPPOSE PASSAGE OF U.S. CONGRESS COMPREHENSIVE FEDERAL HEALTH REFORM LEGISLATION HB 3200 carried. Moved by Gosselin supported by Gingell the resolution be adopted. Discussion followed. Moved by Taub supported by Gosselin the resolution be amended as follows: Strike the 2nd WHEREAS paragraph that reads: WHEREAS Congressman Gary Peters had a Town Hall meeting Sept. 1st where full disclosure of the contents of HB 3200 were not answered, leaving issues of the bill in question; and Vote on amendment: AYES: Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell. (24) NAYS: None. (0) Commissioners Minutes Continued. October 14, 2009 734 A sufficient majority having voted in favor, the amendment carried. Discussion followed. Moved by Greimel supported by Coulter the resolution be amended to add: BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners supports measures to lessen the cost burden on employers of providing health insurance to their employees while ensuring quality care for all. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners supports measures to contain health care costs without compromising the quality of care. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners supports a federal law to prohibit private health insurers from denying health insurance coverage to individuals because of pre-existing medical conditions. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners supports universal health insurance coverage. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners supports measures to ensure the affordability of health care for all Americans. Discussion followed. Moved by Taub supported by Douglas to divide the question and vote on the amendments separately. Discussion followed. Vote on motion to divide the question: AYES: Jacobsen, Long, Middleton, Potter, Potts, Runestad, Scott, Taub, Bullard, Capello, Douglas, Gingell, Gosselin. (13) NAYS: Greimel, Hatchett, Jackson, McGillivray, Nash, Schwartz, Woodward, Zack, Burns, Coleman, Coulter, Gershenson. (12) A sufficient majority having voted in favor, the question was divided. Discussion followed. Moved by Greimel supported by Zack the resolution be amended as follows: BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners supports measures to lessen the cost burden on employers of providing health insurance to their employees while ensuring quality care for all. Discussion followed. Moved by Douglas supported by Taub the amendment be amended as follows: BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners supports measures to lessen the cost burden on employers of providing health insurance to their employees while ensuring quality care for all through the private sector. Discussion followed. Moved by Greimel to further amend the amendment to add: BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners supports measures to lessen the cost burden on employers of providing health insurance to their employees while ensuring quality care for all through the private sector or the public sector. Judy Cunningham, Corporation Counsel, addressed the Board. Chairperson Bill Bullard, Jr. ruled the 2nd Greimel amendment was out of order. Commissioners Minutes Continued. October 14, 2009 735 Discussion followed. Commissioner Douglas withdrew the amendment and Commissioner Taub withdrew support. Vote on amendment, as presented: AYES: Jackson, McGillivray, Nash, Schwartz, Woodward, Zack, Burns, Capello, Coleman, Coulter, Gershenson, Greimel, Hatchett. (13) NAYS: Jacobsen, Long, Middleton, Potter, Potts, Runestad, Scott, Taub, Bullard, Douglas, Gingell, Gosselin. (12) A sufficient majority having voted in favor, the amendment, as presented, carried. Moved by Greimel supported by Zack the resolution be amended as follows: BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners supports measures to contain health care costs without compromising the quality of care. Discussion followed. Moved by Douglas supported by Taub the amendment be amended as follows: BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners supports measures to contain health care costs without compromising the quality of care through the private sector or the public sector. Discussion followed. Commissioner Douglas withdrew the amendment and Commissioner Taub withdrew support. Vote on amendment, as presented: AYES: McGillivray, Nash, Runestad, Schwartz, Taub, Woodward, Zack, Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Greimel, Hatchett, Jackson. (16) NAYS: Jacobsen, Long, Middleton, Potter, Potts, Scott, Bullard, Gingell, Gosselin. (9) A sufficient majority having voted in favor, the amendment carried. Moved by Greimel supported by Zack the resolution be amended as follows: BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners supports a federal law to prohibit private health insurers from denying health insurance coverage to individuals because of pre-existing medical conditions. Discussion followed. Moved by Douglas supported by Taub the amendment be amended as follows: BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners supports a federal law to prohibit private health insurers and the federal government from denying health insurance coverage to individuals because of pre-existing medical conditions. A sufficient majority having voted in favor, the amendment to the amendment carried. Vote on amendment, as amended: AYES: Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel. (25) NAYS: None. (0) A sufficient majority having voted in favor, the amendment, as amended, carried. Moved by Greimel supported by Zack the resolution be amended as follows: Commissioners Minutes Continued. October 14, 2009 736 BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners supports universal health insurance coverage. Discussion followed. Moved by Douglas supported by Taub the amendment be amended as follows: BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners supports universal health insurance coverage through the private sector. Discussion followed. Commissioner Douglas withdrew the amendment and Commissioner Taub withdrew support. Vote on amendment: AYES: McGillivray, Nash, Schwartz, Woodward, Zack, Burns, Coleman, Coulter, Gershenson, Greimel, Hatchett, Jackson. (12) NAYS: Long, Middleton, Potter, Potts, Runestad, Scott, Taub, Bullard, Capello, Douglas, Gingell, Gosselin, Jacobsen. (13) A sufficient majority not having voted in favor, the amendment failed. Moved by Greimel supported by Jackson the resolution be amended as follows: BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners supports measures to ensure the affordability of health care for all Americans. Discussion followed. Moved by Runestad supported by Capello the amendment be amended as follows: BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners supports measures to ensure encourage the affordability of health care for all Americans. Vote on amendment: AYES: McGillivray, Middleton, Potter, Potts, Runestad, Scott, Taub, Bullard, Capello, Douglas, Gingell, Gosselin, Jacobsen, Long. (14) NAYS: Nash, Schwartz, Woodward, Zack, Burns, Coleman, Coulter, Gershenson, Greimel, Hatchett, Jackson. (11) A sufficient majority having voted in favor, the amendment to the amendment carried. Vote on amendment, as amended: AYES: Nash, Runestad, Schwartz, Taub, Woodward, Zack, Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Greimel, Hatchett, Jackson, Long, McGillivray. (17) NAYS: Middleton, Potter, Potts, Scott, Bullard, Gingell, Gosselin, Jacobsen. (8) A sufficient majority having voted in favor, the amendment, as amended, carried. Discussion followed. Moved by Woodward supported by Burns the resolution be amended as follows: BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners supports a Federal law that prevents insurance companies from dropping coverage when people are sick and need it most. Commissioners Minutes Continued. October 14, 2009 737 Vote on amendment: AYES: Nash, Schwartz, Taub, Woodward, Zack, Burns, Coleman, Coulter, Gershenson, Greimel, Hatchett, Jackson, McGillivray. (13) NAYS: Potter, Potts, Runestad, Scott, Bullard, Capello, Douglas, Gingell, Gosselin, Jacobsen, Long, Middleton. (12) A sufficient majority having voted in favor, the amendment carried. Moved by Gosselin supported by Douglas to call the question and vote on the resolution as it stands. AYES: Potter, Potts, Runestad, Schwartz, Scott, Taub, Bullard, Capello, Douglas, Gingell, Gosselin, Jacobsen, Long, Middleton. (14) NAYS: Woodward, Zack, Burns, Coleman, Coulter, Gershenson, Greimel, Hatchett, Jackson, McGillivray, Nash. (11) A sufficient majority having voted in favor, the resolution, as it stands, was before the Board. Vote on resolution, as amended: AYES: Potts, Runestad, Scott, Taub, Bullard, Capello, Douglas, Gingell, Gosselin, Jacobsen, Long, Middleton, Potter. (13) NAYS: Schwartz, Woodward, Zack, Burns, Coleman, Coulter, Gershenson, Greimel, Hatchett, Jackson, McGillivray, Nash. (12) A sufficient majority having voted in favor, the resolution, as amended, was adopted. The Board adjourned at 10:55 p.m. to the call of the Chair or October 29, 2009, at 9:30 a.m. RUTH JOHNSON BILL BULLARD, JR. Clerk Chairperson