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HomeMy WebLinkAboutMinutes - 2010.02.18 - 7074570 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES February 18, 2010 Meeting called to order by Vice Chairperson Mike Gingell at 9:41 a.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack. (23) EXCUSED ABSENCE WITH NOTICE: Bullard, Long. (2) Quorum present. Invocation given by Steven Schwartz. Pledge of Allegiance to the Flag. Moved by Jacobsen supported by Coulter the minutes of the February 2, 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, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack. (23) NAYS: None. (0) A sufficient majority having voted in favor, the agenda was approved as printed. Dr. Grenae Dudley-White, Chairperson, Oakland County Social Services Board, and Douglas Williams, Director, Oakland County Department of Human Services, gave a presentation on the DHS Children’s Services and Cash Assistance Programs and answered questions from the Commissioners and the public. Joscelyn Andrews gave a presentation on the Oakland County Women’s Commission Economic Autonomy Committee and answered questions from the Commissioners. No one addressed the Board during public comment. Moved by Runestad supported by Coulter 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 574. The resolutions on the Consent Agenda follow (annotated by an asterisk {*}): Commissioners Minutes Continued. February 18, 2010 571 *MISCELLANEOUS RESOLUTION #10027 BY: Finance Committee, Tom Middleton, Chairperson IN RE: TREASURER’S OFFICE - BOARD OF COMMISSIONERS APPROVAL TO WAIVE INTEREST AND FEES FOR CERTAIN QUALIFYING TAXPAYERS THROUGH APRIL 30, 2010 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS many Oakland County taxpayers rely on their refund checks for the Homestead Property Tax Credit they receive from the State of Michigan as a part of their Michigan Income Tax refund to pay their current year property taxes; and WHEREAS pursuant to Section 211.44(3) of the Michigan Compiled Laws, which reads in part: “A late penalty charge may be waived by the governing body of a city or township for the homestead property of a senior citizen, paraplegic, quadriplegic, eligible servicemen, eligible veteran, eligible widow, totally and permanently disabled person, or blind person, as those person defined in Chapter 9 of Act No. 281 of Public Acts of 1967, as amended, being Sections 206.501 to 206.532 of the Michigan Compiled Laws, if the person makes a claim before February 15 for a credit for that property provided by Chapter 9 of Act No. 281 of the Public Acts of 1967, as amended, presents a copy of the form filed for that credit to the local treasurer and if the person has not received the credit before February 15”; and WHEREAS Section 211.59(3) allows the County Board of Commissioners to also waive interest and fees for these same taxpayers through April 30; and WHEREAS some of these qualified taxpayers may not receive their Homestead Property Tax Credit checks in time to make their property tax payments at their city of township; and WHEREAS the waiver of County interest and fees through April 30, 2010 will have no measurable impact on General Fund revenues. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, in accordance with Section 211.59(3) of the Michigan Compiled Laws, authorize the Oakland County Treasurer to waive all County interest and fees (for the 2009 property tax collections) through April 30, 2010 for those taxpayers who have qualified at their city or township for a local exemption under Section 211.44(3). BE IT FURTHER RESOLVED that the County Treasurer is hereby authorized to notify by mail those who are eligible for this exemption pursuant to Section 211.44(3) of Michigan Compiled Laws. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE (The vote for this motion appears on page 574.) *MISCELLANEOUS RESOLUTION #10028 BY: Finance Committee, Tom Middleton, Chairperson IN RE: FACILITIES MANAGEMENT – AUTHORIZATION AND FUNDING REQUEST FOR PRIMARY ELECTRICAL SYSTEM MAINTENANCE PHASE II To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution #07262 authorized Phase I of the Primary Electrical System Maintenance Project in the amount of $100,000 to clean, test, and inspect the County’s primary electrical system equipment and identify major repairs or upgrades to be addressed in Phase II of the project; and WHEREAS Miscellaneous Resolution #09061 authorized an additional $100,000 for continuation of Phase I activities; and WHEREAS Phase I has been completed and a list of repairs and upgrades has been developed for Phase II of the project; and WHEREAS Facilities Management is requesting authorization for $428,000 for Phase II of the Primary Electrical System Maintenance Project to complete these repairs and upgrades; and WHEREAS repair and upgrade of the primary electrical system is of critical importance to reduce the probability of power outages, interruption of County services, and closure of buildings, as well as to ensure the safety of County employees and outside contractors working on the system; and WHEREAS work will be performed through a combination of existing service contracts, in-house staff, Detroit Edison staff, and other contracts bid through the Purchasing Division; and Commissioners Minutes Continued. February 18, 2010 572 WHEREAS the FY 2010 Capital Improvement Program identifies Phase II of the Primary Electrical System Maintenance Project and identifies the Facilities Maintenance & Operations Fund as the funding source for the project; and WHEREAS funding in the amount of $428,000 is available for transfer from Facilities Maintenance & Operations Fund Equity (#63100) to the Project Work Order Fund (#40400) for Phase II of the Primary Electrical System Maintenance Project. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes Phase II of the Primary Electrical System Maintenance Project in the amount of $428,000. BE IT FURTHER RESOLVED that the Board of Commissioners authorizes transfer of funding in the amount of $428,000 from Facilities Maintenance & Operations Fund Equity (#63100) to the Project Work Order Fund (#40400) for Phase II of the Primary Electrical System Maintenance Project (Project #100000001098). BE IT FURTHER RESOLVED that the FY 2010 Budget is amended as follows: FACILITIES MAINTENANCE & OPERATIONS FUND #63100 1040702-140010-665882 Planned Use Fund Bal. $428,000 1040719-141000-788001-40400 Transfer Out 428,000 $ -0- PROJECT WORK ORDER FUND #40400 1040101-148020-695500-63100 Transfer In $428,000 1040101-148020-796500 Budgeted Equity Adj. 428,000 $ -0- Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE (The vote for this motion appears on page 574.) *REPORT BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – AMENDMENTS TO 2010 RULES FOR THE OAKLAND COUNTY BOARD OF COMMISSIONERS – SECTIONS XI.B. AND XI.E. – STANDING COMMITTEE RESPONSIBILITIES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the proposed amendment to the 2010 Board of Commissioners Rules on February 8, 2010, hereby recommends that an amendment be made as follows: XI. STANDING COMMITTEE RESPONSIBILITIES B. GENERAL GOVERNMENT COMMITTEE (1) To receive, review, and recommend all proposed revisions of the Rules of the Board of Commissioners. (2) To receive, review and recommend to the Board of Commissioners all matters referred to it by the Chairperson, and to provide liaison to the Board with: (a) Board of Commissioners (Includes Libraries) (b) Clerk/Register of Deeds (c) County Executive Administration (excludes: Internal Auditing Division - see FINANCE COMMITTEE; Emergency Response & Preparedness Unit – see PUBLIC SERVICES COMMITTEE) (d) Corporation Counsel (e) Department of Health & Human Services 1. Administration 2. Health Division 3. Children's Village 4. Medical Care Facility 5. Homeland Security (f) County Departments and Offices to which no Committee has been named (g) Area Agency on Aging Commissioners Minutes Continued. February 18, 2010 573 (h) Community Mental Health Authority (i) Oakland Livingston Human Services Agency (j) Michigan Department of Human Services - Oakland (k) Historical Commission (l) Southeast Michigan Council of Governments E. PUBLIC SERVICES COMMITTEE (1) To receive, review and recommend to the Board of Commissioners all matters referred to it by the Chairperson, and to provide liaison to the Board with: (a) Department of Public Services 1. Administration 2. Animal Control 3. Community Corrections 4. MSU Cooperative Extension 5. Veterans’ Services 6. Circuit Court Probation 7. Medical Examiner (b) Prosecuting Attorney (c) Sheriff Department (d) Local Law Enforcement Agencies (e) Emergency Response & Preparedness (f) All Courts (including Circuit, Probate, District and all divisions thereof) Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE (The vote for this motion appears on page 574.) *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 Commissioners Minutes Continued. February 18, 2010 574 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. FISCAL NOTE (MISC. #10020) BY: Finance Committee, Tom Middleton, 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: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Clerk Register of Deeds – Elections Division is authorized to establish a revised Board of Canvassers’ Service Fee of $25 per precinct to help defray the cost of election certification as provided by Public Act 116 of 1954. 2. The Charter Townships of Oakland, Orion and Oxford are requesting to utilize the services of the Oakland County Board of Canvassers. 3. This agreement generates an estimated $750 of General Fund revenue in the Board of Canvasser Service Fee line item with corresponding operating expense increases of the same amount in the Fees Per Diem line item and is detailed as follows: • $200 for the Charter Township of Oakland (8 precincts @ $25 per precinct). • $375 for the Charter Township of Orion (15 precincts @ $25 per precinct). • $175 for the Charter Township of Oxford (7 precincts @ $25 per precinct). 4. The Charter Townships of Oakland and Oxford are contract renewals, and revenues and expenditures associated with these services are incorporated in the FY 2010, 2011 and 2012 Adopted Budget. Therefore, no budget amendments are recommended. 5. The Charter Township of Orion is a new agreement, and a budget amendment is recommended to the FY 2010, 2011 and 2012 Adopted General Fund Budget to recognize and authorize the exercise of this agreement and increase revenues and expenses as follows: GENERAL FUND – 10100 FY 2010 FY 2011 FY 2012 Revenue 2010301-185010-630147 Clerk/Elections – Bd. of Canvasser Svc. Fee $ 375 $ 375 $ 375 Total Revenues $ 375 $ 375 $ 375 Expenditure 2010301-185010-730709 Clerk/Elections - Fees – Per Diems $ 375 $ 375 $ 375 Total Expenditures $ 375 $ 375 $ 375 FINANCE COMMITTEE Vote on Consent Agenda: AYES: Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack. (23) 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. Commissioners Minutes Continued. February 18, 2010 575 REPORT (MISC. #10016) BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – RECOGNITION OF THE NATIONAL ASSOCIATION OF COUNTIES (NACo) 75TH ANNIVERSARY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered the above titled resolution on February 8, 2010, hereby 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 #10016 BY: Shelley G. Taub and Eric Coleman IN RE: BOARD OF COMMISSIONERS – RECOGNITION OF THE NATIONAL ASSOCIATION OF COUNTIES’ (NACO) 75TH ANNIVERSARY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the National Organization of Counties (NACo) was established in 1935, when it was first called the National County Officers Association; and WHEREAS the National Association of Counties (NACo) was formed to stimulate the continuing improvement of county government; to speak nationally for county government; to contribute to the knowledge and awareness of the heritage and future of county government; to serve as a liaison between the nation's counties and other levels of government; and to achieve public understanding of the role of counties in the federal system; and WHEREAS NACo provides essential services to the nation’s 3,066 counties across the United States. This represents 3/4 of all counties and over 85% of the nation's population; and WHEREAS NACo provides a mechanism for counties to exchange information and advice and improve services rendered to the public by county government; and WHEREAS NACo advances issues with a unified voice before the federal government, improves the public's understanding of county government, assists counties in finding and sharing innovative solutions through education and research, and provides value-added services to save counties and taxpayers money; and WHEREAS counties save tax dollars and staff time with NACo through cooperative purchasing programs, research information, technical assistance, and careful review of legislation and regulations; and WHEREAS NACo offers a free program that allows Oakland County to provide its residents with a free Prescription Drug Discount Card Program that assists residents with prescription costs. Since this national program began in 2004, it has provided an average savings of more than 23 percent per prescription, and nearly 1,100 participating counties have saved their residents more than $170 million; and WHEREAS NACo, as “The Voice of America’s Counties”, works alongside its members to vigorously lobby the Administration and Congress on all issues affecting counties and their residents; and WHEREAS in 2010, the National Association of Counties is engaging in a year-long celebration of its 75th Anniversary. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby extends its congratulations to the board, members, staff, and affiliates of the National Association of Counties on the occasion of its 75th Anniversary. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners commends the National Association of Counties as a highly respected partner and leader in supporting and strengthening our nation’s counties. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to the National Association of Counties and the Michigan Association of Counties. Commissioners Minutes Continued. February 18, 2010 576 Chairperson, we move the adoption of the foregoing resolution. SHELLEY TAUB, ERIC COLEMAN, SUE ANN DOUGLAS, MATTIE HATCHETT, CHRISTINE LONG, STEVEN SCHWARTZ, BRADFORD JACOBSEN, HELAINE ZACK, JEFF POTTER, DAVID WOODWARD, JIM RUNESTAD, JIM NASH, DAVID POTTS, DAVID COULTER, BILL BULLARD, GARY McGILLIVRAY, KIM CAPELLO, TIM GREIMEL, MARCIA GERSHENSON, TIM BURNS, JANET JACKSON, MICHAEL GINGELL Moved by Taub supported by Coleman the resolution be adopted. Moved by Taub supported by Coleman the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Vote on resolution: AYES: Capello, Coleman, Coulter, Gershenson, Gingell, Greimel, Hatchett, Jackson, Jacobsen, McGillivray, Middleton, Nash, Potter, Potts, Schwartz, Taub, Woodward, Zack, Burns. (19) NAYS: Douglas, Gosselin, Runestad, Scott. (4) A sufficient majority having voted in favor, the resolution was adopted. Commissioner Douglas stated there were no items to report on the Regular Agenda for the Human Resources Committee. FINANCE REPORT (MISC. #10022) BY: Finance Committee, Tom Middleton, 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: The Finance Committee, having reviewed the above referenced resolution on February 11, 2010, reports with the recommendation that the resolution be adopted with the following amendments: 1. Delete the 5th WHEREAS paragraph as follows: WHEREAS the County of Oakland is not required to connect to the new water main; and 2. Substitute the attached version of the Grant of Water Main Easement in Gross and Exhibit “A” in place of that attached to the resolution. Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report. FINANCE COMMITTEE Copy of Grant of Water Main Easement in Gross and Exhibit “A” – Parcel Description on file in County Clerk’s office. 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 Commissioners Minutes Continued. February 18, 2010 577 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 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. FISCAL NOTE (MISC. #10022) BY: Finance Committee, Tom Middleton, 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: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced Miscellaneous Resolution and finds: 1. The Oakland County Board of Commissioners and the Parks and Recreation Commission entered into a Tri-Party Water Service Contract with the Charter Township of Waterford and the Charter Township of White Lake in May, 2005 for the Charter Township of Waterford to provide water services on a temporary basis to the golfing clubhouse/banquet facility at White Lake Oaks, until such time as the Charter Township of White Lake had sufficient facilities and capacity to provide water service to the facility. 2. The Tri-Party Water Service Contract stipulated the county facility shall connect to the Charter Township of White Lake’s water system within one (1) year after connection to their water system is available, at the sole expense of the county. 3. The Charter Township of White Lake has requested Oakland County grant a 15-foot easement for a water main adjacent to the north edge of Pontiac Lake Road in the extreme northeast corner of the park. 4. The resolution authorizes and approves the granting of a water main easement to the Charter Township of White Lake for the sum of one (1) dollar. 5. No General Fund/General Purpose or Parks and Recreation funding is required. 6. No budget amendment is recommended. FINANCE COMMITTEE Moved by Scott supported by Greimel the resolution (with fiscal note attached) be adopted. Moved by Scott supported by Greimel the Finance Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Commissioners Minutes Continued. February 18, 2010 578 Moved by Scott supported by Greimel the resolution be amended to coincide with the recommendation in the Finance Committee Report. A sufficient majority having voted in favor, the amendment carried. Moved by Douglas supported by Scott the resolution be amended to add a 2nd WHEREAS paragraph to read: WHEREAS MR #05065 authorized the granting of an easement for water main and related appurtenances to the Charter Townships of Waterford and White Lake along the Williams Lake Road frontage of White Lake Oaks for the intended purpose of providing potable water and fire suppression to the new White Lake Oaks clubhouse; and Discussion followed. Vote on amendment: AYES: Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Burns, Capello. (23) NAYS: None. (0) A sufficient majority having voted in favor, the amendment carried. Vote on resolution, as amended: AYES: Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Capello, Coleman. (22) NAYS: Burns. (1) A sufficient majority having voted in favor, the resolution (with fiscal note attached), as amended, was adopted. MISCELLANEOUS RESOLUTION #10029 BY: Planning and Building Committee, John Scott, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS/WASTE RESOURCE MANAGEMENT – APPROVAL OF OAKLAND COUNTY BROWNFIELD CONSORTIUM INTERLOCAL AGREEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution #09264 “Board of Commissioners - Acceptance of United States Environmental Protection Agency Brownfield Consortium Grant” the USEPA has awarded $1,000,000 to the Oakland County Brownfield Consortium; and WHEREAS the Cities of Farmington Hills, Ferndale, Hazel Park, Madison Heights and Pontiac will enter into a memorandum of agreement with Oakland County pertaining to this grant; and WHEREAS the County’s Corporation Counsel has reviewed and approved an Interlocal Agreement between the County and a number of municipalities in Oakland County for the creation of the Oakland County Brownfield Consortium; and WHEREAS the following Cities have approved the Interlocal Agreement: Farmington Hills, Ferndale, Hazel Park, Madison Heights, and Pontiac; and WHEREAS the Cities of Farmington Hills, Ferndale, Hazel Park, Madison Heights and Pontiac will have $100,000 each to spend on environmental assessments on Brownfield sites in their cities as part of this grant; and WHEREAS the remaining $500,000 of the grant will be spent on environmental investigations on Brownfield sites located in the other Cities, Villages and Townships not associated as part of the Oakland County Brownfield Consortium. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached Interlocal Agreement and authorizes the Chairperson of the Board of Commissioners to sign the Commissioners Minutes Continued. February 18, 2010 579 Agreement with all municipalities who have signed the Interlocal Agreement and passed a resolution in support thereof. Chairperson, on behalf of the Planning & Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of City of Farmington Hills Resolution, Oakland County Brownfield Consortium Agreement between Oakland County and City of Farmington Hills, Oakland County Brownfield Consortium Agreement between Oakland County and the City of Ferndale, Minutes of the City of Hazel Park City Council Meeting of November 10, 2009, Oakland County Brownfield Consortium Agreement between Oakland County and Hazel Park, Excerpt from the Minutes of a Regular Meeting of the Madison Heights City Council held on November 9, 2009, Oakland County Brownfield Consortium Agreement between Oakland County and the City of Madison Heights, Resolution of the Pontiac City Council and Oakland County Brownfield Consortium Agreement between Oakland County and the City of Pontiac on file in County Clerk’s office. The Vice Chairperson referred the resolution to the Finance Committee. There were no objections. Commissioner Potter 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 March 3, 2010. MISCELLANEOUS RESOLUTION #10030 BY: Commissioners Thomas F. Middleton, District #4; Bill Bullard Jr., District #2 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR CLARKSTON CHRYSLER JEEP TO HAVE ITS CHRYSLER JEEP FRANCHISE REINSTATED To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Clarkston Chrysler Jeep has been a part of the Clarkston area community since 1985; and WHEREAS in April 2009 Clarkston Chrysler Jeep was notified that their franchise would be terminated effective June 9, 2009; and WHEREAS loss of the franchise resulted in 45 people losing their jobs; and WHEREAS in 2008 Clarkston Chrysler Jeep had a gross payroll of $1,731,000; total Michigan withholding taxes were $66,400; local property taxes were $59,000; Michigan sales taxes for vehicles and parts totaled more than $919,000; and WHEREAS in the past 25 years the owners of Clarkston Chrysler Jeep have supported the Clarkston Community Schools, Parks and Recreation, area Youth Assistance, SCAMP, Chamber of Commerce, Lighthouse North, Salvation Army and has led fundraising efforts for the Children’s Leukemia Foundation of Michigan resulting in over $700,000 being contributed; and WHEREAS Clarkston Chrysler Jeep has appealed the loss of franchise and an arbitration hearing is scheduled to be held by June 14, 2010; and WHEREAS the Oakland County Board of Commissioners support and encourage local business. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports the efforts by Clarkston Chrysler Jeep to have its Chrysler Jeep franchise reinstated. Chairperson, we move the foregoing resolution. TOM MIDDLETON, SHELLEY TAUB, MATTIE HATCHETT, GARY McGILLIVRAY, DAVE COULTER, JOHN SCOTT, SUE ANN DOUGLAS, BRADFORD JACOBSEN, DAVID POTTS, ROBERT GOSSELIN, JEFF POTTER, JIM RUNESTAD, KIM CAPELLO Commissioners Minutes Continued. February 18, 2010 580 The Vice Chairperson referred the resolution to the General Government Committee. There were no objections. Commissioner Zack stated that Commissioner Hatchett will be introducing a resolution entitled Board of Commissioners – Proclaiming March 2010 as Women’s History Month in Oakland County, and as it’s time sensitive she suggested that Commissioner Hatchett request Suspension of the Rules to take immediate action on the resolution. MISCELLANEOUS RESOLUTION #10031 BY: Commissioners Mattie McKinney Hatchett, Sue Ann Douglas, Christine Long, Helaine Zack, Marcia Gershenson, Shelley G. Taub, Janet Jackson IN RE: BOARD OF COMMISSIONERS – PROCLAIMING MARCH 2010 AS WOMEN’S HISTORY MONTH IN OAKLAND COUNTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS National Women’s History Month’s roots go back to March 8, 1857, when women from New York City factories staged a protest over working conditions; and WHEREAS International Women’s Day was first observed in 1909, but it wasn’t until 1981 that Congress established National Women’s History Week to be commemorated the second week of March. In 1987, Congress expanded the week to a month. Every year since, Congress has passed a resolution for Women’s History Month, and the President has issued a proclamation; and WHEREAS each year during Women's History Month, we remember and celebrate women from all walks of life who have shaped this great Nation and have made significant contributions to the quality of life shared by us all in Oakland County; and WHEREAS women in Oakland County have played and continue to play a critical economic, cultural and social role in every sphere of life; and WHEREAS Oakland County women have played a unique role throughout history by providing the majority of the volunteer labor force; and WHEREAS Oakland County women are particularly important in the establishment of early charitable, philanthropic and cultural institutions; and WHEREAS Oakland County women have been leaders, not only in securing their own rights of suffrage and equal opportunity, but also in the abolitionist movement, the emancipation movement, the industrial labor movement, the civil rights movement, and other movements; and WHEREAS Women’s History Month provides a special opportunity to remember and thank the women who have helped to shape our lives. It might be your mother, grandmother, aunt, sister, teacher, neighbor, or friend; and WHEREAS we also remember the women of the United States Armed Forces who are serving our country with honor and distinction across the world; and WHEREAS this year, in accordance with the theme, "Writing Women Back Into History," we pay special tribute to the efforts of women who make contributions as writers and teachers who nurture an interest in literature in future generations. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby proclaims the month of March 2010, as Women’s History Month in Oakland County. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners joins in expressing our appreciation to women throughout Oakland County who are continuing this legacy of leadership as entrepreneurs, doctors, teachers, scientists, lawyers, artists, homemakers, caregivers and public officials. We recognize the wonderful women throughout Oakland County who provide a solid foundation for our society through their leadership, guidance and care to their loved ones which strengthens our families and communities. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to Governor Granholm, the Michigan Women’s Commission and the Women’s Commission for Oakland County. Commissioners Minutes Continued. February 18, 2010 581 Chairperson, we move the adoption of the foregoing resolution. MATTIE HATCHETT, SUE ANN DOUGLAS, CHRISTINE LONG, HELAINE ZACK, MARCIA GERSHENSON, SHELLEY TAUB, JANET JACKSON, ERIC COLEMAN, GARY McGILLIVRAY, TIM BURNS, JIM NASH, DAVID WOODWARD, JOHN SCOTT, DAVE POTTS, JEFF POTTER, KIM CAPELLO, MICHAEL GINGELL, JIM RUNESTAD, TOM MIDDLETON, ROBERT GOSSELIN, TIM GREIMEL, BRADFORD JACOBSEN Moved by Hatchett supported by Potts to suspend the rules and vote on MISCELLANEOUS RESOLUTION #10031 – BOARD OF COMMISSIONERS – PROCLAIMING MARCH 2010 AS WOMEN’S HISTORY MONTH IN OAKLAND COUNTY. Vote on motion to suspend the rules: AYES: Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Taub, Woodward, Zack, Burns, Capello, Coleman, Coulter. (20) NAYS: Douglas, Jacobsen, Scott. (3) A sufficient majority having voted in favor, the motion to suspend the rules and vote on MISCELLANEOUS RESOLUTION #10031 – BOARD OF COMMISSIONERS – PROCLAIMING MARCH 2010 AS WOMEN’S HISTORY MONTH IN OAKLAND COUNTY carried. Moved by Hatchett supported by Potts the resolution be adopted. AYES: Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Burns, Capello, Coleman, Coulter, Douglas. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. MISCELLANEOUS RESOLUTION #10032 BY: Commissioners David Woodward, Helaine Zack, Janet Jackson, Marcia Gershenson IN RE: BOARD OF COMMISSIONERS – ENCOURAGING ALL ELIGIBLE FAMILIES TO APPLY FOR THE FEDERAL AND MICHIGAN EARNED INCOME TAX CREDIT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Earned Income Tax Credit (EITC) has consistently earned broad bipartisan support since it’s inception by Congress in 1975, and most recently in Michigan in 2008; and WHEREAS the EITC is revered as the most significant anti-poverty program to date because it puts needed cash is the hands of the working poor and working parents with children, and rewards work; and WHEREAS eligibility for the EITC is based on income and number of dependents (go to www.irs.gov/eitc for exact details); and WHEREAS for tax year 2009: The maximum benefit for the federal EITC is $5,657 The maximum MI EITC is $1,131 (or 20% of the federal EITC received) The average federal EITC claim for an eligible Oakland County resident is $1,721 The average state EITC claim for an eligible Oakland County resident is $344; and WHEREAS according to a recent report by the Anderson Economic Group, Oakland County families will leave an estimated $26.5 million in unclaimed federal EITC monies; and WHEREAS for tax year 2009, those same families will leave an estimated $5.3 million in unclaimed Michigan State Earned Income Tax Credit; and Commissioners Minutes Continued. February 18, 2010 582 WHEREAS Accounting Aid Society is a nonprofit organization that operates five free tax assistance centers in Oakland County and has that assisted more than 13,500 families receiving income tax refunds and tax credits in 2009 with the help of over 800 trained Accounting Aid Society volunteers. Since 1976, Accounting Aid Society has returned more than $167 million to low and moderate income residents in Wayne, Oakland, Macomb and Livingston counties, and in turn into our state's economy; and WHEREAS the total direct and indirect economic impact of the unclaimed state and federal EITCs by Oakland County families is estimated to be more than $57 million. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby urges all eligible families to apply for the federal and state 2009 EITC as they prepare their taxes this year. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners requests information regarding the EITC be placed on the county website and link to appropriate government and non-profit agencies that can help families learn more about the EITC and receive help is processing their EITC. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners requests all appropriate personnel to help support and promote awareness of the EITC in our communities. Chairperson, we move the adoption of the foregoing resolution. DAVID WOODWARD, HELAINE ZACK, JIM NASH, JANET JACKSON, ERIC COLEMAN, MARCIA GERSHENSON, DAVID COULTER, MATTIE HATCHETT, GARY McGILLIVRAY, TIM GREIMEL, STEVEN SCHWARTZ The Vice Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #10033 BY: Commissioner Shelley G. Taub, District 16 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR RESTORING FUNDING FOR THE COUNTY JAIL REIMBURSEMENT PROGRAM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County Jail Reimbursement Program (CJRP) was established to provide counties with an equitable funding incentive intended to help them offset part of the financial burden associated with partnering with the Michigan Department of Corrections (MDOC) in a prison cost containment program; and WHEREAS the CJRP saves the State money by having prison-eligible felony offenders housed in less expensive local jails rather than in the more expensive state prisons; and WHEREAS CJRP payments helped counties offset the financial burden of housing convicted felons by reimbursing part of the cost incurred as a result of their local confinement; and WHEREAS the Governor vetoed the CJRP reimbursement line item from the MDOC budget while counties have continued housing felony offenders creating an unfunded mandate; and WHEREAS Oakland County will lose up to $2 million in revenue while the MDOC continues to enjoy the cost benefits of state prisoners housed in less expensive county jails; and WHREAS the CJRP revenue had been contemplated for use in the County's budget and its loss will require additional County budget cuts; and WHEREAS the Michigan Association of Counties (MAC) has been in discussions with the Michigan House, Senate, and the Michigan Department of Corrections on restoring full funding for the CJRP. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports all efforts to restore full funding for CJRP. BE IT FURTHER RESOLVED that copies of this resolution be sent to the Governor, Oakland County Representatives and Senators, and the Michigan Association of Counties. Commissioners Minutes Continued. February 18, 2010 583 Chairperson, we move the foregoing resolution. SHELLEY TAUB, MICHAEL GINGELL, BRADFORD JACOBSEN, JOHN SCOTT, DAVID COULTER, DAVID POTTS, HELAINE ZACK, ROBERT GOSSELIN, TIM GREIMEL, KIM CAPELLO, JANET JACKSON, TOM MIDDLETON, MATTIE HATCHETT, GARY McGILLIVRAY, SUE ANN DOUGLAS, JIM RUNESTAD, JEFF POTTER, STEVEN SCHWARTZ The Vice Chairperson referred the resolution to the Public Services Committee. There were no objections. The Board adjourned at 11:00 a.m. to the call of the Chair or March 3, 2010, at 7:00 p.m. RUTH JOHNSON MICHAEL GINGELL Clerk Vice Chairperson