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HomeMy WebLinkAboutMinutes - 2010.02.02 - 7072551 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES February 2, 2010 Meeting called to order by Chairperson Bill Bullard, Jr. at 7:00 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, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack. (24) EXCUSED ABSENCE WITH NOTICE: Potter. (1) Quorum present. Invocation given by Jim Runestad. Pledge of Allegiance to the Flag. Moved by Coleman supported by Long the minutes of the January 20, 2010 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 approved as printed. AYES: Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard. (24) NAYS: None. (0) A sufficient majority having voted in favor, the agenda was approved as printed. Commissioner Runestad, along with Chairperson Bill Bullard, Jr., Commissioner Scott, Commissioner Middleton, and representatives from the Waterford Kmart (Dennis Jones and Store Manager Nancy Fontaine) gave a Proclamation in Memoriam of Greg Wainio for the selfless sacrifice he made in the line of duty. Greg Wainio’s widow, Julie Wainio, addressed the Board. Deputy County Clerk Chris Ward read a communication from Chairperson Bill Bullard, Jr. appointing the following individuals to serve on the Community & Home Improvement Citizens Advisory Council for a term beginning January 1, 2010 and ending December 31, 2010: Commissioners Minutes Continued. February 2, 2010 552 Local Officials: Joan Fogler, Supervisor, Oakland Township Dave Murphy, Manager, City of South Lyon Mark Stec, Community Development Coord., City of Hazel Park Don Green, Supervisor, Milford Township Paul Zelenak, Manager, Village of Lake Orion William Morgan, Supervisor, Royal Oak Township Citizens at Large: Marc Craig Wayne Hogan Chester Koop Ramona Benbow Kevin Roach Robert Lloyd Cheri Oiumet Hill Michael McReynolds Renee Poole Jim Perlaki One Citizen Alternate: Sara Roediger Without objection, the appointments were confirmed. Chairperson Bill Bullard, Jr. made the following statement: “A Public Hearing is now called on the Planning and Economic Development Services Division Resolution Approving Project Plan (Michigan Motion Picture Studios, LLC Project) – City of Pontiac. Is there anyone present who wishes to speak?” No one requested to speak and the Chairperson declared the Public Hearing closed. No one addressed the Board for public comment. Moved by Capello supported by Woodward the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). The vote for this motion appears on page 556. The resolutions on the Consent Agenda follow (annotated by an asterisk {*}): *MISCELLANEOUS RESOLUTION #10018 BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – FIRST QUARTER 2010 DEVELOPMENT APPROPRIATION TRANSFER To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS all development cost is incorporated as a single appropriation within the non-departmental budget and then an amount equal to the actual expense is transferred to the user department with a summary report to the Finance Committee; and WHEREAS the Department of Information Technology has determined the First Quarter 2010 development charges to be $1,276,894.04 and the imaging development charge to be $20,993.41 for the General Fund/General Purpose County departments; and WHEREAS direct charges to Special Revenue and Proprietary fund departments are $470,300.76, non- governmental imaging development are $15,125.08, and non-county agencies are $274.50 for the First Quarter 2010; and WHEREAS an appropriation transfer to General Fund/General Purpose County departments is needed to fund these development charges. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners has reviewed the First Quarter 2010 Development Report and approves the First Quarter appropriation transfer as specified on the attached schedule. Commissioners Minutes Continued. February 2, 2010 553 BE IT FURTHER RESOLVED that the respective departmental Fiscal Year 2010 budgets are to be amended as specified in the attached detail schedule FINANCE COMMITTEE Copy of Information Technology Development Summary 1st Quarter 2010 on file in County Clerk’s office. (The vote for this motion appears on page 556.) *MISCELLANEOUS RESOLUTION #10019 BY: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION – 2010 W.K. KELLOGG FOUNDATION GRANT TO SUPPORT MICHIGAN NURSE FAMILY PARTNERSHIP PROGRAM AGREEMENT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS funding for the Nurse Family Partnership was discontinued by order of the Governor of the State of Michigan in 2009; and WHEREAS the W.K. Kellogg Foundation, through the Nurse Family Partnership Program, has awarded the Oakland County Department of Health and Human Services/Health Division a grant award in the amount of $55,000; and WHEREAS no grant application was requested or required to obtain these funds; and WHEREAS these funds will be used to transition the remaining cases from the Nurse Family Partnership Program to Oakland County Health Division’s Community Nursing unit; and WHEREAS no positions are funded by this grant; and WHEREAS this agreement is for the period of January 4, 2010 through March 31, 2010; and WHEREAS this agreement has been submitted through the County Executive Review Process and is recommended for approval. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby accepts the 2010 W.K. Kellogg Foundation Grant to Support the Michigan Nurse Family Partnership Program. BE IT FURTHER RESOLVED that the future level of service, including personnel, be contingent upon the level of funding for this program. BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute this agreement, any changes and extensions to the agreement not to exceed fifteen percent (15%), which is consistent with the agreement as originally approved. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Grant Review Sign Off – Health Division, Letter from Michelle Stapleton, Development Associate, Nurse-Family Partnership, and Report Guidelines on file in County Clerk’s office. FISCAL NOTE (MISC. #10019) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION – 2010 W. K. KELLOGG FOUNDATION GRANT TO SUPPORT MICHIGAN NURSE FAMILY PARTNERSHIP PROGRAM AGREEMENT 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. Funding for the Nurse Family Partnership was discontinued by the Governor of the State of Michigan in 2009. 2. The W. K. Kellogg Foundation, through the Nurse Family Partnership Program, has awarded the Oakland County Dept. of Health and Human Services/Health Division funding in the amount of $55,000. Commissioners Minutes Continued. February 2, 2010 554 3. The funds will be used to transition the remaining cases from the Nurse Family Partnership Program to the Oakland County Health Division’s Community Nursing unit. 4. The funding period is January 4, 2010 through March 31, 2010. 5. No county match or additional positions required. Services will be provided by current staff. 6. The Fiscal Year 2010 budget is amended as specified below: HEATH FUND # 20221 Revenue: 1060231-133215-631827 Reimb. General $55,000 Expenditures: 1060231-133215-702010 Salaries $22,225 1060231-133215-722740 Fringe Benefits 18,175 1060231-133215-731346 Mileage 4,850 1060231-133215-731458 Professional Svcs 9,750 $55,000 FINANCE COMMITTEE (The vote for this motion appears on page 556.) *REPORT (MISC. #10017) BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – DESIGNATING APRIL 1, 2010 AS CENSUS DAY IN OAKLAND COUNTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered the above titled resolution on January 25, 2010, recommends that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #10017 BY: Shelley G. Taub and Jim Nash IN RE: BOARD OF COMMISSIONERS – DESIGNATING APRIL 1, 2010 AS CENSUS DAY IN OAKLAND COUNTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen WHEREAS in March, census forms will be mailed to residences in Oakland County; and WHEREAS an accurate census count is vital to Oakland County and its residents’ well-being by helping planners determine where to locate schools, day-care centers, roads and public transportation, hospitals and other facilities, and is used to make decisions concerning business growth and housing needs; and WHEREAS more than $300 billion per year in federal and state funding is allocated to states and communities based on census data; and WHEREAS for every 100 people not counted, Oakland County’s communities risk losing an estimated $1.2 million over the next decade for federally funded programs alone; including such programs as Medicaid, public housing assistance, community development block grants, mental health, senior care and Title I funding; and WHEREAS census data ensures fair Congressional representation by determining how many seats each state will have in the U.S. House of Representatives as well as the redistricting of state legislatures, county and city councils, and voting districts; and WHEREAS the 2010 Census creates jobs that stimulate economic growth and increase employment opportunities in our community; and WHEREAS the 2010 Census has ten (10) questions, which will only take ten minutes to complete and mail back; and Commissioners Minutes Continued. February 2, 2010 555 WHEREAS for those households that complete and mail in the forms before the deadline, no further action is required. Census workers, however, are required to visit each household that has not provided the required census information by mailing in the forms; and WHEREAS the information collected by the census is protected by law and remains confidential for 72 years; and WHEREAS as a 2010 Census partner, Oakland County will support the goals and ideals for the 2010 Census and will disseminate 2010 Census information to encourage community participation: encourage people in Oakland County to place an emphasis on the 2010 Census and to participate in events that will raise overall awareness of the 2010 Census to ensure a full and accurate count; support census workers as they help our community complete an accurate count. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby designates April 1, 2010 as Census Day in Oakland and joins the rest of the nation as a 2010 Census Partner. Chairperson, we move the adoption of the foregoing resolution. SHELLEY TAUB, JIM NASH, TIM GREIMEL, BILL BULLARD, SUE ANN DOUGLAS, KIM CAPELLO, CHRISTINE LONG, DAVID COULTER, THOMAS MIDDLETON, GARY McGILLIVRAY, BRADFORD JACOBSEN, TIM BURNS, JOHN SCOTT, JANET JACKSON, JEFF POTTER, ERIC COLEMAN, JIM RUNESTAD, MATTIE HATCHETT, DAVID POTTS, STEVEN SCHWARTZ, HELAINE ZACK, DAVID WOODWARD, MARCIA GERSHENSON, MICHAEL GINGELL (The vote for this motion appears on page 556.) *MISCELLANEOUS RESOLUTION #10015 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: PUBLIC SERVICES/MEDICAL EXAMINER – CONTRACT TO PROVIDE TOXICOLOGY SERVICES TO BAY COUNTY AND TUSCOLA COUNTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan County of Bay and Tuscola have requested that the County of Oakland provide toxicology services of the Oakland County Medical Examiner; and WHEREAS Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501 et seq., the aforementioned Counties may enter into this agreement for the purposes of providing toxicology services only of the Oakland County Medical Examiner’s Office; and WHEREAS the contracts provides that mutual agreement and amendment shall not become effective prior to the approval by concurrent resolutions of both the Oakland County Board of Commissioners and Bay and Tuscola County Board of Commissioners; and WHEREAS the Bay and Tuscola County Board of Commissioners have approved the request for toxicology services; and WHEREAS through their purchasing policies, the aforementioned county has agreed to enter into contract to use toxicology services of the Oakland County Medical Examiner; and WHEREAS Corporation Counsel has reviewed and approves the contract language which include to Scope of Services, Fee Schedule, Compensation to Oakland County for services performed and guaranteed compliance by the Oakland County Medical Examiner with all applicable Federal, State and local laws, ordinances, rules and regulation; and WHEREAS the Oakland County Medical Examiner and Corporation Counsel has reviewed and/or prepared all necessary documents related to the attached contracts between the counties of Bay and Tuscola and the County of Oakland. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached Interlocal agreement between the County of Bay and Tuscola and the County of Oakland. Commissioners Minutes Continued. February 2, 2010 556 Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of 2009 Interlocal Agreement for Medical Examiner (Toxicology Only) Services Between Oakland County and Bay County and Oakland County and Tuscola County, Medical Examiner (Toxicology Only) Services and Fee Schedule on file in County Clerk’s office. FISCAL NOTE (MISC. #10015) BY: Finance Committee, Tom Middleton, Chairperson IN RE: PUBLIC SERVICES/MEDICAL EXAMINER – CONTRACT TO PROVIDE TOXICOLOGY SERVICES TO BAY COUNTY AND TUSCOLA COUNTY Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Michigan Counties of Bay and Tuscola have requested that the County of Oakland provide toxicology services of the Oakland County Medical Examiner’s Office for the period of January 1, 2009 through December 31, 2009. 2. The interlocal agreement to provide Medical Examiner Services to Bay and Tuscola Counties was originally established by Miscellaneous Resolution #07294. 3. This agreement generates an estimated annual revenue of $3,750 (25 cases per year at $150 per case) of General Fund revenue in the Medical Examiner’s Office Service Fees line item. 4. For FY 2010, three (3) months of the estimated revenue totals $938 which is incorporated in the FY 2010 budget. 5. The revenue budget for FY 2010, 2011 and 2012 were based on the assumption that the contracts would be renewed. A budget amendment will be presented in the future if needed. 6. No budget amendment is recommended at this time. FINANCE COMMITTEE Vote on Consent Agenda: AYES: Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). Commissioner Middleton stated there were no items to report on the Regular Agenda for the Finance Committee. REPORT BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – APPOINTMENTS TO THE JOB EVALUATION REVIEW PANEL To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, after receiving a recommendation from the Human Resources Committee and considering these appointments on January 25, 2010, hereby recommends that the following commissioners be appointed to the Job Evaluation Review Panel for a one year term of January 1, 2010 – December 31, 2010: Commissioner John A. Scott Commissioner Eric Coleman Commissioner Mattie McKinney Hatchett, alternate Commissioners Minutes Continued. February 2, 2010 557 Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Moved by Long supported by Coleman the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Chairperson Bill Bullard, Jr. asked if there were any other nominations. There were none. Moved by Long supported by Coleman the appointments of Commissioners John A. Scott, Eric Coleman, and Mattie McKinney Hatchett (alternate) to the Job Evaluation Review Panel for a one year term of January 1, 2010 – December 31, 2010 be confirmed. Vote on appointment: AYES: Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello. (24) NAYS: None. (0) A sufficient majority having voted in favor, the appointments of Commissioners John A. Scott, Eric Coleman, and Mattie McKinney Hatchett (alternate) to the Job Evaluation Review Panel for a one year term of January 1, 2010 – December 31, 2010 were confirmed. MISCELLANEOUS RESOLUTION #10020 BY: General Government Committee, Christine Long, Chairperson IN RE: COUNTY CLERK/REGISTER OF DEEDS – ELECTIONS DIVISION – AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS BY THE CHARTER TOWNSHIPS OF OAKLAND, ORION AND OXFORD To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in Resolution #97232 the Board of Commissioners authorized the establishment of a revised Board of Canvassers’ Service Fee of $25.00 per precinct to help defray the cost of election certification as provided by Public Act 116 of 1954, as amended; and WHEREAS the Charter Townships of Oakland, Orion and Oxford are requesting to utilize the services of the Oakland County Board of Canvassers; and WHEREAS Oakland County Corporation Counsel has drafted an agreement for said townships to utilize the services of the Oakland County Board of Canvassers. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the attached agreements with the Charter Townships of Oakland, Orion and Oxford to utilize the services of the Oakland County Board of Canvassers. BE IT FURTHER RESOLVED that, upon approval of this agreement by the Oakland County Board of Commissioners, a copy shall be filed by the County Clerk with the Office of the Great Seal of the State of Michigan. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Agreement between the County and Charter Townships of Oakland, Orion and Oxford. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Agreement Between the Charter Township of Oakland and Oakland County to Utilize the Services of the Oakland County Board of Canvassers, Agreement Between the Charter Township of Orion and Oakland County to Utilize the Services of the Oakland County Board of Canvassers, and Agreement Between the Charter Township of Oxford and Oakland County to Utilize the Services of the Oakland County Board of Canvassers on file in County Clerk’s office. Commissioners Minutes Continued. February 2, 2010 558 The Chairperson referred the resolution to the Finance Committee. There were no objections. REPORT (MISC. #09285) BY: Human Resources Committee, Sue Ann Douglas, Chairperson IN RE: BOARD OF COMMISSIONERS – REVISE EQUAL EMPLOYMENT OPPORTUNITY POLICY TO REFLECT VOTER ADOPTION OF PROPOSAL 2 AND TO PROHIBIT DISCRIMINATION BASED UPON SEXUAL ORIENTATION 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 with the following amendments: 1. Amend the Title as follows. MR #09285 - BOARD OF COMMISSIONERS – REVISE EQUAL EMPLOYMENT OPPORTUNITY POLICY TO COMPLY WITH VOTER ADOPTION OF PROPOSAL 2 AND TO PROHIBIT DISCRIMINATION BASED ON UPON SEXUAL ORIENTATION 2. Delete the body of the resolution as follows. WHEREAS Oakland County has an Equal Employment Opportunity Policy (the “Policy”) that currently prohibits Oakland County’s government from discriminating in its employment of individuals based on race, sex, age, physical or mental handicap, national origin, religious belief, or political affiliation; and WHEREAS the current Policy refers to Oakland County’s implementation of affirmative action policies and is itself currently entitled “Equal Employment Opportunity (EEO) & Affirmative Action Policy; and WHEREAS on November 7, 2006, the voters of the State of Michigan approved Proposal 2 (Michigan 06-2), which amended the State of Michigan’s Constitution to ban the use of affirmative action by the State of Michigan, including its counties and other political subdivisions; and WHEREAS Proposal 2 became law on December 22, 2006; and WHEREAS regardless of one’s views on affirmative action, it is important for Oakland County’s policies to comply with State of Michigan law, especially the State of Michigan’s Constitution; and WHEREAS the current wording of the Policy calls into question its legality and enforceability; and WHEREAS the Policy currently permits Oakland County’s government to discriminate in employment on the basis of sexual orientation; and WHEREAS the Oakland County Board of Commissioners believes that all individuals, regardless of their sexual orientation, have innate worth and human dignity; and WHEREAS the Oakland County Board of Commissioners believes that the sexual orientation of an individual is just as irrelevant to the employment qualifications of that individual as that individual’s race, sex, age, physical or mental handicap, national origin, religious belief, or political affiliation are. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby amends its Equal Employment Opportunity Policy as indicated in the attachment to this resolution in order to bring the Policy into compliance with Proposal 2 and in order to prohibit Oakland County from discriminating in its employment of individuals based on their sexual orientation. Chairperson, we move the adoption of the foregoing resolution. 3. Insert as the body of the resolution the following: WHEREAS Oakland County’s 1966 Merit System Resolution and its 2008 revision mandated that the selection, pay and treatment of County employees be based solely on merit and Oakland County government has always honored that mandate; and WHEREAS Oakland County has an Equal Employment Opportunity Policy (“Policy”) that prohibits Oakland County government from discriminating in employment of individuals based on race, sex, age, physical or mental handicap, national origin, religious belief, or Commissioners Minutes Continued. February 2, 2010 559 political affiliation and/or any other reason in accordance with applicable state and federal law; and WHEREAS the current Policy refers to Oakland County’s implementation of affirmative action policies and is itself currently entitled “Equal Employment Opportunity (EEO) & Affirmative Action Policy”; and WHEREAS on November 7, 2006, the voters of the State of Michigan approved Proposal 2 (Michigan 06-2), which amended the State Constitution to ban affirmative action programs that grant preferential treatment in the areas of public employment, public education and public contracting; and WHEREAS Proposal 2 became law on December 22, 2006; and WHEREAS it is important for Oakland County’s written policies to reflect its commitment to comply with Michigan constitutional and statutory law; and WHEREAS the current wording of the Policy needs amendment to reflect the voter adoption of Proposal 2; and WHEREAS the Policy currently does not include protection on the basis of sexual orientation; and WHEREAS the Oakland County Board of Commissioners believes that sexual orientation should be included in its EEO Policy prohibiting employment discrimination; and WHEREAS the Oakland County Board of Commissioners believes that the sexual orientation of an individual is irrelevant to the employment of that individual. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby retitles its EEO Policy as “Equal Employment Opportunity Policy” and amends it as indicated in the attachment to this resolution. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby expands its EEO Policy to prohibit discrimination based upon sexual orientation. Chairperson, on behalf of the Human Resources Committee, I move the adoption of the foregoing resolution. 4. Substitute the attached policy in place of that attached to the resolution. Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing report. HUMAN RESOURCES COMMITTEE MISCELLANEOUS RESOLUTION #09285 BY: Commissioners Tim Greimel and Dave Coulter IN RE: BOARD OF COMMISSIONERS – REVISE EQUAL EMPLOYMENT OPPORTUNITY POLICY TO COMPLY WITH PROPOSAL 2 AND TO PROHIBIT DISCRIMINATION BASED ON SEXUAL ORIENTATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County has an Equal Employment Opportunity Policy (the “Policy”) that currently prohibits Oakland County’s government from discriminating in its employment of individuals based on race, sex, age, physical or mental handicap, national origin, religious belief, or political affiliation; and WHEREAS the current Policy refers to Oakland County’s implementation of affirmative action policies and is itself currently entitled “Equal Employment Opportunity (EEO) & Affirmative Action Policy; and WHEREAS on November 7, 2006, the voters of the State of Michigan approved Proposal 2 (Michigan 06- 2), which amended the State of Michigan’s Constitution to ban the use of affirmative action by the State of Michigan, including its counties and other political subdivisions; and WHEREAS Proposal 2 became law on December 22, 2006; and WHEREAS regardless of one’s views on affirmative action, it is important for Oakland County’s policies to comply with State of Michigan law, especially the State of Michigan’s Constitution; and WHEREAS the current wording of the Policy calls into question its legality and enforceability; and WHEREAS the Policy currently permits Oakland County’s government to discriminate in employment on the basis of sexual orientation; and WHEREAS the Oakland County Board of Commissioners believes that all individuals, regardless of their sexual orientation, have innate worth and human dignity; and Commissioners Minutes Continued. February 2, 2010 560 WHEREAS the Oakland County Board of Commissioners believes that the sexual orientation of an individual is just as irrelevant to the employment qualifications of that individual as that individual’s race, sex, age, physical or mental handicap, national origin, religious belief, or political affiliation are. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby amends its Equal Employment Opportunity Policy as indicated in the attachment to this resolution in order to bring the Policy into compliance with Proposal 2 and in order to prohibit Oakland County from discriminating in its employment of individuals based on their sexual orientation. Chairperson, we move the adoption of the foregoing resolution. TIM GREIMEL, DAVID COULTER, HELAINE ZACK, JIM NASH, MARCIA GERSHENSON, GARY McGILLIVRAY, DAVID WOODWARD, JANET JACKSON, STEVEN SCHWARTZ Copy of Equal Employment Opportunity (EEO) Policy on file in County Clerk’s office. Moved by Douglas supported by Greimel the resolution be adopted. Moved by Douglas supported by Greimel the Human Resources Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Douglas supported by Greimel the resolution be amended to coincide with the recommendation in the Human Resources Committee Report. A sufficient majority having voted in favor, the amendment carried. Discussion followed. Vote on resolution, as amended: AYES: Coulter, Douglas, Gershenson, Gingell, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello, Coleman. (23) NAYS: Gosselin. (1) A sufficient majority having voted in favor, the resolution, as amended, was adopted. MISCELLANEOUS RESOLUTION #10021 BY: Human Resources Committee, Sue Ann Douglas, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT – SALARY ADMINISTRATION PLAN 1st QUARTERLY REPORT FOR FY 2010 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Salary Administration Plan approved by the Board of Commissioners for Salary Grades 1 - 21 provides a process for departments and employees to request a review of the salary grade placement of classifications; and WHEREAS the 1st Quarterly Report for FY 2010 identifies the job studies conducted and the salary grade changes recommended by the Human Resources Department after completion of this review process; and WHEREAS funding is available in the Classification and Rate Change fund to implement GF/GP salary grade changes resulting from this Salary Administration Quarterly Report recommendations. NOW THEREFORE BE IT RESOLVED that the Oakland Board of Commissioners authorizes implementation of the Salary Administration Plan 1st Quarterly Report for FY 2010, which includes the following classification changes: Position No. From Classification Salary Grade To Classification Salary Grade 2010301-10362 Communications 11 County Clerk Communications 12 Specialist - Clerk/ROD & External Affairs Coordinator Commissioners Minutes Continued. February 2, 2010 561 BE IT FURTHER RESOLVED to create a new classification titled Supervisor – County Clerk Vital Records, overtime nonexempt, at Salary Grade 10. Chairperson, on behalf of the Human Resources Committee, I move the adoption of the foregoing resolution. HUMAN RESOURCES COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #10013 BY: Planning and Building Committee, John Scott, Chairperson IN RE: PARKS AND RECREATION COMMISSION – DEPARTMENT OF FACILITIES MANAGEMENT – APPROVAL AND ACCEPTANCE OF PURCHASE AGREEMENT FOR THE ACQUISITION OF 186 ACRES FOR EXPANSION OF INDEPENDENCE OAKS COUNTY PARK To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution #08009 dated January 17, 2008 the County of Oakland entered into a Michigan Department of Natural Resources Trust Fund Land Acquisition Project Agreement to receive a grant to reimburse Oakland County forty-two percent of the acquisition cost of property known as the Upper Bushman Lake property for expansion of Independence Oaks County Park; and WHEREAS pursuant to the authorization of the Oakland County Planning and Building Committee the Oakland County Parks and Recreation Commission and the Department of Facilities Management with the assistance of Oakland County Corporation Counsel have negotiated the terms and conditions of the attached Purchase Agreement with Craig Arnold and Maria Arnold, husband and wife, for the purchase of approximately 186 acres of land in Independence Township known as parcel numbers 08-03-201-006 and 08-03-201-007; and WHEREAS said Purchase Agreement was recommended for approval by the Oakland County Parks and Recreation Commission on December 2, 2009; and WHEREAS the Oakland County Parks and Recreation Commission has budgeted sufficient funds from its land acquisition fund to complete the purchase of said property; and WHEREAS pursuant to the terms and conditions of said Purchase Agreement and in accordance with Michigan Natural Resources Trust Fund Agreement No. TF06-199 the County of Oakland shall pay Craig Arnold and Maria Arnold the sum of $2,836,000 via a cash sale for the purchase of said property subject to the County performing its required due diligence investigation of the subject property; and WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached Purchase Agreement and recommend its approval. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and accepts the terms and conditions of the attached Purchase Agreement between the County of Oakland, as purchaser, and Craig Arnold and Maria Arnold, sellers, for a cash sale purchase. BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Purchase Agreement and all other related documents between the County of Oakland and Craig Arnold and Maria Arnold, which may be required to complete the purchase of said property. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Purchase Agreement, Exhibit A - Legal Descriptions of Upper Bushman Lake Parcels, Exhibit B - Description of the Residential Dwellings, Structures and Personal Property, and Exhibit C - Legal Descriptions of Upper Bushman Lake Parcels on file in County Clerk’s office. Commissioners Minutes Continued. February 2, 2010 562 FISCAL NOTE (MISC. #10013) BY: Finance Committee, Tom Middleton, Chairperson IN RE: PARKS AND RECREATION COMMISSION – DEPARTMENT OF FACILITIES MANAGEMENT – APPROVAL AND ACCEPTANCE OF PURCHASE AGREEMENT FOR THE ACQUISITION OF 186 ACRES FOR EXPANSION OF INDEPENDENCE OAKS COUNTY PARK 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 Miscellaneous Resolution and finds: 1. Pursuant to Miscellaneous Resolution No. 08009 dated January 17, 2008 the County of Oakland entered into a Michigan Department of Natural Resources Trust Fund Land Acquisition Project Agreement to receive a grant to reimburse Oakland County forty-two percent of the State Certified Fair Market Value which equates to $945,000. 2. The Oakland County Parks and Recreation Commission is seeking approval and acceptance of a purchase agreement between the County of Oakland and Craig and Maria Arnold for the purchase of approximately 186 acres known as property parcels no. 08-03-201-007 at 10275 Sashabaw Road and 08-03-201-006 at 5511 Oak Hill Road, Clarkston, Michigan. 3. The negotiated price is in the amount of $2,836,000. The land purchase will expand the current acreage of Independence Oaks County Park. 4. The purchase agreement was recommended for approval by the Oakland County Parks and Recreation Commission on December 2, 2009. 5. No Oakland County General Fund/General Purpose funding is required for this acquisition. 6. Sufficient funding is available in the Oakland County Parks and Recreation Commission’s Fiscal Year 2010 Capital Improvement Program Budget. No budget amendment is recommended. FINANCE COMMITTEE Moved by Scott supported by Middleton the resolution (with fiscal note attached) be adopted. Discussion followed. AYES: Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Bullard, Burns, Capello, Coleman, Coulter. (23) NAYS: Zack. (1) A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted. MISCELLANEOUS RESOLUTION #10022 BY: Planning and Building Committee, John Scott, Chairperson IN RE: THE DEPARTMENTS OF FACILITIES MANAGEMENT AND PARKS AND RECREATION – REQUEST TO GRANT A WATER MAIN EASEMENT TO THE CHARTER TOWNSHIP OF WHITE LAKE, WHITE LAKE OAKS COUNTY PARK To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is the owner of White Lake Oaks County Park located in White Lake Township; and WHEREAS the Charter Township of White Lake Township is in the process of extending its water supply and fire protection system to provide service to the easterly boundary of the township. All construction related costs related to the project would be bourn by the township and/or a federal grant; and WHEREAS the Oakland County Parks and Recreation Commission has received a request from the Charter Township of White Lake to grant an easement for a water main adjacent to the north edge of Pontiac Lake Road in the extreme northeast corner of the park; and WHEREAS the Oakland County Parks and Recreation staff and the White Lake Township Consulting Engineer have agreed upon a route for the said water main that is satisfactory to all parties; and WHEREAS the County of Oakland is not required to connect to the new water main; and Commissioners Minutes Continued. February 2, 2010 563 WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the granting of the easement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes and approves the granting of the attached water main easement to the Charter Township of White Lake for the sum of one dollar. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or designee to execute the attached easement for water main and all other related documents which may be required. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of PR09-019 Resolution, Grant of Water Main Easement in Gross, and Exhibit A – Parcel Description on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #10023 BY: Planning and Building Committee, John A. Scott, Chairperson IN RE: DIVISION OF PLANNING AND ECONOMIC DEVELOPMENT SERVICES – REQUEST FOR APPROVAL OF RESTORATION AGREEMENT BETWEEN OAKLAND COUNTY AND MICHIGAN DEPARTMENT OF NATURAL RESOURCES, PARKS AND RECREATION DIVISION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners and County Executive recognize the value of maintaining historical places of interest; and WHEREAS Public Act 254 of 1919, MCL 46.231, permits the Board of Commissioners to appropriate money for the purpose of fostering any activity or project which tends to advance the historical interests of the County; and WHEREAS the Division of Planning and Economic Development Services and the Michigan Department of Natural Resources, Parks and Recreation Division wish to enter into a Restoration Agreement; and WHEREAS the purpose of this Restoration Agreement is to establish a formal relationship between the Parties for the restoration of the Haven Hill Complex Historic District, formerly the Edsel Ford Estate, located within the Highland State Recreation Area; and WHEREAS the Haven Hill Complex Historic District along with the Highland State Recreation Area are nationally significant historic and ecological resources with tremendous economic potential located in Oakland County; and WHEREAS the Division of Planning and Economic Development Services requested the assistance of the Department of Corporation Counsel to develop an agreement to set forth the duties and obligations of the County and the Michigan Department of Natural Resources, Parks and Recreation Division as they related to the restoration of the Haven Hill Complex Historic District; and WHEREAS the Division of Planning and Economic Development Services will allocate $25,000 to the Michigan Department of Natural Resources, Parks and Recreation Division for the restoration of the Haven Hill Complex Historic District; and WHEREAS the Division of Planning and Economic Development Services and Department of Corporation Counsel have reviewed and prepared the attached Restoration Agreement; and WHEREAS it is the recommendation of the Division of Planning and Economic Development Services that the Oakland County Board of Commissioners accept and approve the terms and conditions of the attached Restoration Agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached Restoration Agreement. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Restoration Agreement. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Commissioners Minutes Continued. February 2, 2010 564 Copy of Restoration Agreement Between Oakland County and Michigan Department of Natural Resources and Phase 1 Action Plan – Edsel Ford Haven Hill Estate Renovation/Restoration Highland State Recreation Area on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #10024 BY: Planning and Building Committee, John Scott, Chairperson IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION APPROVING PROJECT PLAN (MICHIGAN MOTION PICTURE STUDIOS, LLC PROJECT) – CITY OF PONTIAC To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Economic Development Corporation of the County of Oakland (the "EDC") has recommended that the Board of Commissioners approve the Project Plan required by the Economic Development Corporations Act (the "Act") for the captioned Project, a copy of which has been presented to this meeting (the "Project Plan"); and WHEREAS the EDC's recommendations to the Board of Commissioners were based upon its determinations that the Project is reasonable and necessary to effectuate the purposes of the Act, that the Project Plan satisfies all of the requirements of the Act regarding project plans and that a letter of credit issued by a financial institution acceptable to the EDC will be available to pay debt service; and WHEREAS the governing body of the City of Pontiac, Oakland County, Michigan, has also approved the Project Plan and given its consent to the exercise of jurisdiction over the Project by the EDC; and WHEREAS the Board of Commissioners has held a public hearing to consider whether the Project Plan constitutes a public purpose as contemplated by the Act; and WHEREAS the Board of Commissioners, following such public hearing and its review of the Project Plan, hereby certifies, approves and concurs in the determinations of the EDC with respect thereto. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby determines that the Project Plan constitutes a public purpose as contemplated by the Act. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby certifies and approves the Project Plan. BE IT FURTHER RESOLVED that the EDC is hereby authorized to take such steps as are necessary to implement the Project and the financing thereof by the issuance of its limited obligation revenue bonds as contemplated by the Project Plan. BE IT FURTHER RESOLVED that the County Clerk is hereby directed to provide four certified copies of this resolution to the Assistant Secretary of the Board of the EDC. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of the Economic Development Corporation of the County of Oakland Michigan Motion Picture Studios, LLC Project Plan on file in County Clerk’s office. Moved by Scott supported by Hatchett the resolution be adopted. Discussion followed. AYES: Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello, Coleman, Coulter, Douglas. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. Commissioners Minutes Continued. February 2, 2010 565 REPORT BY: Planning and Building Committee, John Scott, Chairperson IN RE: BOARD OF COMMISSIONERS – 2009 ANNUAL REPORT OF THE PLANNING AND BUILDING COMMITTEE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Presented below is Facilities Management’s Annual Report for 2009. Included is the following information: • Mission Statement • Overview of Operations • Biennial Inspection Findings • Report of Excess Lands • Major Accomplishments in 2009 • Projects/Plans for 2010 • Recurring Projects Chairperson, on behalf of the Planning and Building Committee, I move the acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE Copy of 2009 Annual Planning and Building Committee Report on file in County Clerk’s office. Moved by Scott supported by Middleton the Planning and Building Committee Report be accepted. AYES: Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello, Coleman, Coulter, Douglas, Gershenson. (23) NAYS: Schwartz. (1) A sufficient majority having voted in favor, the Planning and Building Committee Report was accepted. Commissioner Runestad stated there were no items to report on the Regular Agenda for the Public Services Committee. Commissioner Dave Coulter withdrew his motion to discharge MR #09129 – Board of Commissioners – Authorizing Inter-Governmental Transfer to Expand Access to Health Care for Oakland County Residents, and Contracting Administration of County’s Indigent Hospitalization Program with Oakland Health Plan, Inc. from the General Government and Finance Committees, and gave notice that he plans to discharge the resolution at the next regular Board Meeting on February 18, 2010. MISCELLANEOUS RESOLUTION #10025 BY: Sue Ann Douglas, Shelley Taub, Michael Gingell, Tim Greimel IN RE: BOARD OF COMMISSIONERS – TO RESCIND CERTAIN LANGUAGE FROM MISCELLANEOUS RESOLUTION #09161 AND TO SET COMMISSIONER SALARY FOR THE 2011- 2012 TERM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners is not permitted under Michigan law to increase or decrease their salary during their term of office but does set the salary for the next term of office; and WHEREAS county employees received a 2.5% decrease in their salaries in 2010 and will receive an additional 2.5% salary decrease in 2011 resulting in a cumulative 5% salary decrease; and WHEREAS the Board of Commissioners voted to not take 1% pay increases and freeze their salaries in FY 2009 and FY 2010; and WHEREAS in 2010 many commissioners voluntarily contributed 2.5% of their gross salaries back to Oakland County to stay consistent with employees who received a 2.5% salary decrease in 2010; and WHEREAS as part of MR #09161 the Oakland County Board of Commissioners set the salary for the 2011 - 2012 term of the Oakland County Board of Commissioners; and WHEREAS the language in MR #09161 reads as follows: Commissioners Minutes Continued. February 2, 2010 566 “BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby sets the salary for the 2011 and 2012 County Commissioner term of office as a “me too” consistent with the same percentage of salary decrease imposed upon Oakland County employees for 2011 and the same amount of increase or decrease provided to Oakland County employees in 2012.”; and WHEREAS the voluntary 2.5% contribution to Oakland County by Commissioners in 2010 did not lower the salary for Commissioners and consequently did not lower fringe benefits which are based on salary; and WHEREAS the adopted language in MR #09161 will not keep Commissioners salary reductions at par with employees and countywide elected officials since no actual reduction in salary took place in 2010. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby rescinds the adopted language in MR #09161 setting the salary for the Oakland County Board of Commissioners 2011 – 2012 term of office. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby sets the salary for the 2011 and 2012 County Commissioner term of office at a 5% salary reduction in gross pay for 2011 and a “me too” for 2012. Chairperson, we move the foregoing resolution. SUE ANN DOUGLAS, MICHAEL GINGELL, SHELLEY TAUB, TIM GREIMEL, DAVID POTTS, KIM CAPELLO, CHRISTINE LONG, ROBERT GOSSELIN, JOHN SCOTT, TOM MIDDLETON, BRADFORD JACOBSEN, BILL BULLARD, STEVEN SCHWARTZ, DAVID COULTER The Chairperson referred the resolution to the Human Resources Committee and the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #10026 BY: Commissioner Jim Runestad, District #6 IN RE: BOARD OF COMMISSIONERS – OBJECT TO THE USE OF NACO DUES AND RESOURCES TO ADVOCATE ON BEHALF OF AN AMNESTY PROGRAM FOR ILLEGAL IMMIGRANTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS NACo’s own survey demonstrates that the county programs most impacted by immigrants include increased jail population, increase in crime by immigrants, increased use of public health services, increased school enrollment, increased use of emergency health services, additional demand for school social services, and increased cost of indigent care; and WHEREAS according to NACo policy, immigration reform components should include “a clear path to citizenship” (amnesty) for undocumented immigrants; and WHEREAS illegal and un-inspected entries into the United States represents a clear and present security risk to American citizens and to the employment possibilities for American workers; and WHEREAS in 1986, the federal government granted a “one time” amnesty to approximately three million aliens present in the United States in violation of American immigration laws; and WHEREAS the 1986 comprehensive legalization and path to citizenship program served to encourage and increase the crime of illegal immigration and illegal employment; and WHEREAS a majority of Americans do not agree that foregoing the rule of law upon which our republic was founded will benefit the nation and that any repeat of the failed legalization legislation for illegal aliens of our recent past would again serve to increase illegal immigration; and WHEREAS the United States and Michigan are experiencing near record unemployment and a decrease in services and benefits; and WHEREAS removing the illegal status from millions of illegal aliens would make that group eligible for many more taxpayer funded entitlement programs; and WHEREAS the Oakland County Commission recognizes the need for enthusiastic enforcement policies of existing immigration and employment laws. Commissioners Minutes Continued. February 2, 2010 567 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners is opposed to the use of NACo dues and resources in support of lobbying efforts on behalf of an amnesty program for illegal immigrants. BE IT FURTHER RESOLVED that a copy of this resolution be sent to the National Association of Counties (NACo). Chairperson, we move the foregoing resolution. JIM RUNESTAD, KIM CAPELLO, CHRISTINE LONG, ROBERT GOSSELIN, JOHN SCOTT, MICHAEL GINGELL, BRADFORD JACOBSEN, BULL BULLARD The Chairperson referred the resolution to the General Government Committee. There were no objections. The Board adjourned at 7:36 p.m. to the call of the Chair or February 18, 2010, at 9:30 a.m. RUTH JOHNSON BILL BULLARD, JR. Clerk Chairperson