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HomeMy WebLinkAboutMinutes - 2010.04.22 - 7080652 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES April 22, 2010 Meeting called to order by Chairperson Bill Bullard, Jr. at 9:52 a.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Bullard, Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack. (25) EXCUSED ABSENCE WITH NOTICE: None. (0) Quorum present. Invocation given by Dave Woodward. Pledge of Allegiance to the Flag. Moved by Capello supported by Schwartz the minutes of the March 25, 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 amended to remove Finance Committee – Item c. – Establishment of Oakland County Telephone Operating Surcharge Rate for the Period July 1, 2010 to June 30, 2011, and Human Resources Committee – Item a. – Deferred Compensation and Retirement Board Merger from the Consent Agenda and be added to the Regular Agenda. AYES: Bullard, Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack. (25) NAYS: None. (0) A sufficient majority having voted in favor, the agenda, as amended, was approved. As a point of personal privilege, Commissioner Douglas introduced members in the audience from Rochester Hills. Commissioner Shelley Taub, along with Chairperson Bill Bullard, Jr., presented a proclamation to Edgar Hagopian honoring him for his legacy of leadership, social, civic and political activism which continues to enrich the quality of life for others. Greg Jamian, Commissioner Marcia Gershenson, Judy Cunningham, and Mr. Hagopian’s personal assistant accepted the proclamation on his behalf. Commissioners Minutes Continued. April 22, 2010 653 Commissioner Long, along with Chairperson Bill Bullard, Jr. and the entire Board of Commissioners, introduced a resolution acknowledging and proclaiming April 22, 2010 as Youth in Government Day. Without objection, the resolution was adopted. Chris Ward, Deputy County Clerk, read a communication from Chairperson Bill Bullard, Jr. appointing Gordon A. Snavely, Melissa Fazio and Alex Allie as members of the Board of the Oakland County Zoological Authority; and David H. Boerger, Ernest J. Essad, Jr. and Alex Cooper as alternates. Without objection, the appointments were confirmed. Cyndi Roper addressed the Board during public comment. Oakland County Clerk/Register of Deeds Ruth Johnson administered a mock oath to student Commissioners, as part of Youth in Government Day. Moved by Long supported by Woodward the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). The vote for this motion appears on page 670. The resolutions on the Consent Agenda follow (annotated by an asterisk {*}): *MISCELLANEOUS RESOLUTION #10067 BY: Finance Committee, Thomas Middleton, Chairperson IN RE: DEPARTMENT OF MANAGEMENT & BUDGET - 2010 EQUALIZATION REPORT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the staff of the Equalization Division of the Department of Management & Budget has examined the assessment rolls of the several townships and cities within Oakland County to ascertain whether the real and personal property in the respective townships and cities has been equally and uniformly assessed at 50% of true cash value; and WHEREAS the Finance Committee in accordance with Rule XI.A (8) of the Board of Commissioners adopted on December 9, 2009, has reviewed the findings and recommendations of the Equalization Manager, acting as the Equalization Director, and conducted hearings to provide for local intervention into the equalization process; and WHEREAS based on its findings, the Manager of the Equalization Division has presented to the Finance Committee the recommended 2010 equalization value which adds to or deducts from the valuation of the property in the several townships and cities an amount as, in its judgment, will produce a sum which represents the true cash value thereof; and WHEREAS the Equalization Factors listed on the attached report are the results of the foregoing process and are for information purposes only. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners adopts the 2010 equalization and authorizes its certification by the Chairperson of the Board and further that it be entered on the County records and delivered to the appropriate official of the proper township or city. Chairperson, on behalf on the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE (The vote for this motion appears on page 670.) *MISCELLANEOUS RESOLUTION #10068 BY: Finance Committee, Tom Middleton, Chairperson IN RE: FACILITIES MANAGEMENT/FACILITIES ENGINEERING - AWARD OF CONTRACT FOR 2010 PARKING LOT PAVING PROGRAM – COURTHOUSE WEST AND SOUTH PARKING LOTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Fiscal Year 2010 Capital Improvement Program identifies funding in the amount of $110,000 for the 2010 Parking Lot Paving Program for the Courthouse west and south parking lots; and Commissioners Minutes Continued. April 22, 2010 654 WHEREAS the Planning & Building Committee on November 3, 2009 authorized the Facilities Engineering Division to advertise and receive bids for the repaving of the Courthouse west and south parking lots; and WHEREAS in accordance with Purchasing Division procedures, bids for the project were received and reviewed by the Facilities Engineering Division and the Purchasing Division; and WHEREAS the lowest responsible bidder is Asphalt Specialists, Inc. of Pontiac, Michigan with a bid in the amount of $79,186; and WHEREAS total project costs of $98,000 are recommended by the Facilities Engineering Division, including the contract award of $79,186, landscape restoration costs of $2,000, and contingency of $16,814; and WHEREAS funding in the amount of $98,000 for the project is available for transfer from the FY 2010 Capital Improvement Program/Building Improvement Fund (#40100) to the Project Work Order Fund (#40400) for the 2010 Parking Lot Paving Program – Courthouse West and South Parking Lot Project. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes an award of contract for the 2010 Parking Lot Paving Program – Courthouse West and South Parking Lot Project to Asphalt Specialists, Inc. of Pontiac, Michigan in the amount of $79,186. BE IT FURTHER RESOLVED that the Board of Commissioners authorizes transfer of funding in the amount of $98,000 from the Capital Improvement Program/Building Fund (#40100) to the Project Work Order Fund (#40400) to establish the 2010 Parking Lot Paving Program – Courthouse West and South Parking Lot Project (#100000001381) as noted below: BUILDING IMPROVEMENT FUND #40100 1040101-148020-788001-40400 Transfer Out ($98,000) PROJECT WORK ORDER FUND #40400 1040101-148020-695500-40100 Transfer In $98,000 $ -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 670.) *MISCELLANEOUS RESOLUTION #10057 BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS/DEPARTMENT OF HEALTH AND HUMAN SERVICES - AREA AGENCY ON AGING 1-B FISCAL YEAR 2010 ANNUAL APPROPRIATION FOR SERVICES TO OLDER ADULTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in Michigan, the Older Michiganians Act (Public Act 180 of 1981) authorizes the Michigan Office of Services to the Aging to serve as the State unit on aging and specifies the powers and duties of the State’s designated area agencies on aging; and WHEREAS the Agency on Aging 1-B (AAA1-B) is a private nonprofit organization responsible for planning, coordinating, and funding older adult services in Livingston, Macomb, Monroe, Oakland, St. Clair and Washtenaw Counties; and WHEREAS the Area Agency on Aging 1-B has been supporting services to Oakland County residents since 1974; and WHEREAS the Area Agency on Aging 1-B has assessed the needs of older county residents and developed a plan to provide assistance that addresses identified needs; and WHEREAS the proposed plan has been submitted for review by the public, and has been subjected to two public hearings; and WHEREAS the comments at the public hearings on the proposed plan were mostly favorable, and constructive changes in the plan were made as a result of some comments; and WHEREAS the Oakland County Board of Commissioners appoints two representatives to the AAA 1-B Board of Directors, a County Commissioner and a county resident who is at least 60 years of age; and WHEREAS the Michigan Office of Services to the Aging requires that county boards of commissioners be given the opportunity to review and approve area agency on aging multi-year area plans and annual implementation plans; and Commissioners Minutes Continued. April 22, 2010 655 WHEREAS MR #09153 approved the Area Agency on Aging 1-B Fiscal Year 10-12 Multi-Year Implementation Plan. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the Fiscal Year 2010 annual appropriation for the Area Agency on Aging 1-B. BE IT FURTHER RESOLVED that the Oakland County Clerk forward a copy of this adopted resolution and minutes of the Board of Commissioners' meeting where such action was taken to the Area Agency on Aging 1-B. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Correspondence from Joe Hehir, Director of Finance, Area Agency on Aging 1-B, Correspondence from Tina Abbate Marzolf, Chief Executive Officer, Area Agency on Aging 1-B, Formula for County Allocation Requests Based on 2000 Census Data, and Allocations to Oakland County FY 2010 on file in County Clerk’s office. FISCAL NOTE (MISC. #10057) BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS/DEPARTMENT OF HEALTH AND HUMAN SERVICES - AREA AGENCY ON AGING 1-B FISCAL YEAR 2010 ANNUAL APPROPRIATION FOR SERVICES TO OLDER ADULTS. 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 Area Agency on Aging 1-B (AAA1-B) has been supporting services to Oakland County residents since 1974. This agency is a private nonprofit organization responsible for planning, coordinating, and funding older adult services in Livingston, Macomb, Monroe, Oakland, St. Clair, and Washtenaw Counties. 2. The Michigan Office of Services requires the County Board of Commissioners be given the opportunity to review and approve area agency on aging multi-year area plans and annual implementation plans. 3. Funding for the FY 2010 Annual Implementation Plan contract is included in the FY 2010 Department of Health and Human Services Adopted Budget. Therefore no amendment is recommended. FINANCE COMMITTEE (The vote for this motion appears on page 670.) *REPORT (MISC. #10066) By: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – RECOGNIZING APRIL 24, 2010 AS ARMENIAN GENOCIDE REMEMBRANCE DAY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered the above titled resolution on April 12, 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 Commissioners Minutes Continued. April 22, 2010 656 MISCELLANEOUS RESOLUTION #10066 BY: Commissioners Shelley G. Taub, District #16, and Eric Coleman, District #23 IN RE: BOARD OF COMMISSIONERS – RECOGNIZING APRIL 24, 2010 AS ARMENIAN GENOCIDE REMEMBRANCE DAY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Armenians mark the date April 24, 1915 as the start of the Armenian Genocide; and WHEREAS by P.A. 558 of 2002 “the Michigan Legislature declares that April 24 of each year shall be the Michigan day of remembrance of the Armenian genocide of 1915-1923 and that the period beginning on the Sunday before that day through the following Sunday shall be the days of remembrance in this state, in memory of the victims of the genocide, and in honor of the survivors”; and WHEREAS the history of the Armenian Genocide offers an opportunity for the world to reflect upon the moral responsibilities of individuals, societies and governments; and WHEREAS the Armenian Genocide was carried out by the “Young Turk” government of the Ottoman Empire in 1915-1916; and WHEREAS the Armenian Genocide occurred in a systematic fashion, first disarming Armenians in the army, then killing Armenian political and intellectual leaders on April 24, 1915, and finally marching Armenians to concentration camps in the desert where they died of starvation and thirst, proving that it was directed by the Young Turk Government; and WHEREAS historians estimate that one and a half million Armenians were killed during the genocide; and WHEREAS the Armenian Genocide was condemned at the time by representatives of the British, French, Russian, German, and Austrian governments as well as the American Government; and WHEREAS President Bush issued a news release in 1990 calling on all Americans to join with Armenians on April 24 in commemorating “the more than a million Armenian people who were victims”; and WHEREAS President Clinton issued a news release on April 24, 1994, to commemorate the “tragedy” that befell the Armenians in 1915; and WHEREAS Senator Obama while campaigning for the Presidency repeatedly commented that the Armenian Genocide was unequivocal and as President he would assure that the U.S. Government recognized the event as Genocide; and WHEREAS April 24, 2010 will mark the 95th anniversary of the beginning of the Armenian Genocide. This day will be set aside for remembering the victims of the Genocide and for reminding Americans and the world of what can happen to civilized people when bigotry, hatred, indifference and intolerance are allowed to manifest and grow; and WHEREAS as we remember the Genocide and persecution of far too many others – both preceding and since the Armenian Genocide – the lessons of the Genocide must never be lost as we continue to dedicate ourselves to preserving the spirit of freedom and justice for all people. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners recognize April 24, 2010 Armenian Genocide Remembrance Day. When we memorialize the past, we preserve the knowledge to actively uphold the principles of individual freedom as we face the challenges of tomorrow. Chairperson, I move the foregoing resolution. SHELLEY TAUB, ROBERT GOSSELIN, CHRISTINE LONG, JIM RUNESTAD, DAVID POTTS, KIM CAPELLO, JOHN SCOTT, JEFF POTTER, SUE ANN DOUGLAS, BILL BULLARD, TIM GREIMEL, BRADFORD JACOBSEN, THOMAS MIDDLETON, MICHAEL GINGELL, ERIC COLEMAN, JANET JACKSON, JIM NASH, GARY McGILLIVRAY, DAVID COULTER, MARCIA GERSHENSON (The vote for this motion appears on page 670.) Commissioners Minutes Continued. April 22, 2010 657 *MISCELLANEOUS RESOLUTION #10069 By: General Government Committee, Christine Long, Chairperson IN RE: HEALTH AND HUMAN SERVICES – HOMELAND SECURITY – 2010 VISUAL COMMUNICATIONS GRANT INTEROPERABLE VIDEO EQUIPMENT APPLICATION/ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS National Satellite Corporation has been instrumental in the acquisition and deployment of visual communications equipment to first responders; and WHEREAS to further their goal of visual communications and interoperability between agencies National Satellite Corporation awarded five desktop systems with 3 years of advance replacement; and WHEREAS Oakland County was a community awarded a 2010 Visual Communications Interoperable Video Equipment grant for $4,200 for video conferencing with no match; and WHEREAS this stand alone system will allow for first responders in and surrounding communities to connect for regional interoperability and information sharing; and WHEREAS the grant agreement has been reviewed and approved through the County Executive Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accept the Visual Communications Interoperable Video Equipment grant for $4,200. BE IT FURTHER RESOLVED that the chairperson of the Board of Commissioners is authorized to execute the grant agreement and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment. 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 – Homeland Security and National Satellite Corporation 2010 Visual Communications Grant Award Announcement on file in County Clerk’s office. FISCAL NOTE (MISC. #10069) BY: Finance Committee, Tom Middleton, Chairperson IN RE: HEALTH AND HUMAN SERVICES – HOMELAND SECURITY – 2010 VISUAL COMMUNICATIONS GRANT INTEROPERABLE VIDEO EQUIPMENT APPLICATION/ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee, has reviewed the above referenced resolution, and finds: 1. The Homeland Security Division was awarded equipment valued at $4,200 for video conferencing equipment from Satellite Corporation. 2. The equipment consists of one (1) Tandberg desktop system complete with 3 years advance replacement, and Inter Ops Video Network support in a 100% zero match. 3. No County General Funds will be used for installation or on going maintenance, and therefore, no budget is recommended. FINANCE COMMITTEE (The vote for this motion appears on page 670.) *MISCELLANEOUS RESOLUTION #10070 BY: General Government Committee, Christine Long, Chairperson IN RE: HEALTH AND HUMAN SERVICES - HOMELAND SECURITY DIVISION - 2009-2010 HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS GRANT AGREEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Commissioners Minutes Continued. April 22, 2010 658 WHEREAS the Superfund Amendment and Reauthorization Act (SARA) of 1986, Title III, requires the planning and provisions for community right-to-know on extremely hazardous substances in local communities; and WHEREAS the Oakland County Local Emergency Planning Committee (LEPC) has been organized and meets minimum criteria in performing planning functions; and WHEREAS the Hazardous Materials Emergency Preparedness (HMEP) grant provides funds to LEPCs for the purpose of enhancing hazardous material response planning; and WHEREAS an application was submitted, and Oakland County has been notified that the LEPC is eligible to receive $10,800 for the submittal for new and updated plans during the grant period of October 1, 2009 through September 30, 2010; and WHEREAS the required 20% in kind match of $2,700 will be used for PTNE staff salary to support the LEPC planning effort; and WHEREAS no reports are required and the funds will be received upon submittal of the plans as a work product; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process and the Board of Commissioners Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Chairperson of the Oakland County Board of Commissioners is authorized to execute the grant agreement of $10,800 and a 20% match of $2,700 for a total of $13,500 and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE State of Michigan Hazardous Materials Emergency Planning 2009-2010 Grant Agreement Incorporated by Reference. Originals on file in County Clerk’s office. FISCAL NOTE (MISC. #10070) BY: Finance Committee, Tom Middleton, Chairperson IN RE: HEALTH AND HUMAN SERVICES – HOMELAND SECURITY DIVISION – 2009-2010 HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS GRANT AGREEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: 1. Oakland County submitted an application to the Michigan Department of State Police for Hazardous Materials Emergency Planning (HMEP) Grant funds to assist local communities in preparing federally mandated SARA Title III, Section 302 Extremely Hazardous Materials (EHS) off-site response plans. 2. Oakland County has been notified that the Local Emergency Planning Committee (LEPC) is eligible to receive up to $10,800 for the submittal for new and updated plans. 3. Allocations are dependent upon the EHS facility completing required MDEQ paperwork before a plan can be accepted by the Michigan State Police Emergency Management and Homeland Security Division. 4. This grant requires an in-kind grant match of $2,700 in General Fund expenditures, which results in total program funding of $13,500. 5. The grant period is from October 1, 2009 through September 30, 2010. 6. The Fiscal Year 2010 County Executive-Emergency Preparedness budget includes costs associated with this program, and therefore, no budget amendment is recommended. FINANCE COMMITTEE (The vote for this motion appears on page 670.) Commissioners Minutes Continued. April 22, 2010 659 *MISCELLANEOUS RESOLUTION #10071 BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – APPROVAL OF CONTRACTS TO BROADCAST BOARD OF COMMISSIONERS MEETINGS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners has expressed an interest in having Board of Commissioner’s meetings taped for broadcast on public access and government access networks; and WHEREAS a proposal was submitted by a consortium of local community cable producers to record, produce and distribute coverage of four (4) Oakland County Board of Commissioners’ meetings; and WHEREAS the consortium is comprised of the following entities: • Bloomfield Community Television (on behalf of the Birmingham Area Cable Board) • Civic Center Media, LLC (on behalf of Greater West Bloomfield Cable Communications Commission) • Orion Neighborhood Television (on behalf of Orion Community Cable Communications Commission) • Southwest Oakland Cable Commission, and WHEREAS the local community cable producers comprising the consortium have each agreed to rotate the production and distribution of four (4) Oakland County Board of Commissioners’ meetings at no cost to Oakland County; and WHEREAS the proposal provides that the recordings will be provided for local governmental channels in each Oakland County city, village or township for Cablecasting at their discretion; and WHEREAS each of the local community cable producers will provide insurance documentation as required by Oakland County. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the proposal of the local community cable producers, which includes: Bloomfield Community Television (on behalf of the Birmingham Area Cable Board); Civic Center Media, LLC (on behalf of Greater West Bloomfield Cable Communications Commission); Orion Neighborhood Television (on behalf of Orion Community Cable Communications Commission); and Southwest Oakland Cable Commission; to record, produce and distribute coverage of four (4) Oakland County Board of Commissioners’ meetings to the 61 cities, villages and townships in Oakland County, at no cost to Oakland County. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes a contract, as approved by Corporation Counsel, with Bloomfield Community Television (on behalf of the Birmingham Area Cable Board); Civic Center Media, LLC (on behalf of Greater West Bloomfield Cable Communications Commission); Orion Neighborhood Television (on behalf of Orion Community Cable Communications Commission); and Southwest Oakland Cable Commission; produce and distribute coverage for four (4) Board of Commissioners’ meetings at no cost to Oakland County. BE IT FURTHER RESOLVED that the Board Chairman is authorized to sign the contracts on behalf of the Board of Commissioners. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Correspondence from Dave Albery, Executive Director of Greater West Bloomfield Cable Communications Commission, Correspondence from Steven Rota, Operations Manager of BCTV Studios, Correspondence from Diane Griffiths, Executive Director of Orion Neighborhood Television, and Oakland County Purchasing Division Contract on file in County Clerk’s office. (The vote for this motion appears on page 670.) Commissioners Minutes Continued. April 22, 2010 660 *MISCELLANEOUS RESOLUTION #10060 BY: Planning and Building Committee, John Scott, Chairperson IN RE: DEPARTMENTS OF FACILITIES MANAGEMENT AND THE SHERIFF’S OFFICE - APPROVAL AND ACCEPTANCE OF LEASE AGREEMENT FOR SHERIFF’S DEPARTMENT STORAGE FACILITY, 5782 TEREX AVE., SUITES A & B, CLARKSTON, MICHIGAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Sheriff’s Office is in possession of various pieces of specialized mobile law enforcement equipment; and WHEREAS the Sheriff’s Office presently stores said specialized law enforcement equipment in an industrial building located at 5782 Terex Ave. in Springfield Township; and WHEREAS at the present time no adequate County-owned facility exists on or off the Oakland County Service Center, which would accommodate storage and provide for routine maintenance of said equipment; and WHEREAS the administrative staff of the Sheriff’s Office and Facilities Management, with the assistance of Oakland County Corporation Counsel have negotiated the terms of the attached three-year lease agreement at a rental rate of $2,700.00 per month for use of two units of an industrial building located at 5782 Terex Ave., Suites A & B, Clarkston, MI with Mr. Richard Detkowski, landlord; and WHEREAS it is the recommendation of the Departments of Facilities Management and the Sheriff’s Office that the Oakland County Board of Commissioners accept and approve the terms and conditions of the attached Lease Agreement; and WHEREAS the Departments of Facilities Management, the Sheriff’s Office and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached lease agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached Lease Agreement for use of suites A & B at 5782 Terex Ave., Clarkston, Michigan between the County of Oakland and Richard Detkowski. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Lease Agreement and all other related documents between the County of Oakland and Richard Detkowski, 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 Acceptance and Approval of Lease for Sheriff Department Equipment Storage Facility and Lease on file in County Clerk’s office. FISCAL NOTE (MISC. #10060) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT AND THE SHERIFF’S OFFICE – APPROVAL AND ACCEPTANCE OF LEASE AGREEMENT FOR SHERIFF’S STORAGE FACILITY, 5782 TEREX AVE., SUITES A & B, CLARKSTON, MICHIGAN 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 Sheriff’s Office seeks to extend its lease agreement with landlord Mr. Richard Detkowski, for use of two units in an industrial facility located at 5782 Terex Ave., Springfield Township, MI. 2. The purpose of the lease is to store specialized mobile law enforcement equipment. 3. The Sheriff’s Office and Facilities Management, with the assistance of Oakland County Corporation Counsel, have negotiated the terms of this lease agreement extension, to be effective May 1, 2010 for a period of three (3) years at a lease rate of $2,700 per month or $32,400 per year; with an option for an additional three year extension at $2,800 per month. 4. Sufficient funding for this lease agreement is available in the Sheriff’s Office Rent Expense line item. 5. No budget amendment is recommended. FINANCE COMMITTEE Commissioners Minutes Continued. April 22, 2010 661 (The vote for this motion appears on page 670.) *MISCELLANEOUS RESOLUTION #10061 BY: Planning & Building Committee, John Scott, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS – WASTE RESOURCE MANAGEMENT – EXTENSION OF NO HAZ PROGRAM THROUGH 2012 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County, through its Waste Resource Management Unit, has facilitated the North Oakland Household Hazardous Waste Consortium (NO HAZ) for the past eight years; and WHEREAS the cost of facilitating this program is reimbursed to the County by the member communities; and WHEREAS Oakland County and the member communities are committed to protection of public health, the natural environment and preventing toxic materials from entering our waterways and landfill resources; and WHEREAS collection events for household hazardous waste are widely accepted as the best way to provide citizens with a safe way to dispose of these toxic and poisonous household chemicals, and they also contribute to Phase II Stormwater Protection requirements, encourage pollution prevention and enhance environmental health and safety in the home; and WHEREAS almost 19,000 residents have used the program, resulting in more than 1.9 million pounds of household hazardous waste being collected and recycled or properly disposed of; and WHEREAS Oakland County originally agreed to facilitate this program for three years (2003, 2004, 2005), and then agreed to facilitate it for an additional two years (2006, 2007), and then agreed to facilitate it for an additional three years (2008, 2009, 2010) and it was intended that the member communities would then take over facilitation of the program and Oakland County would no longer be involved; and WHEREAS since that time, economic stresses have continued to affect the communities’ ability to facilitate a program on their own; and WHEREAS many of the member communities have passed resolutions asking the County to continue as the facilitator of the program; and WHEREAS the County administration strongly supports the continuation of the program for an additional two years (2011, 2012); and WHEREAS the Oakland County Waste Resource Management Unit believes the program is very important and wants to see the program continue and grow. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Oakland County Waste Resource Management Unit to continue facilitating the NO HAZ Program for an additional two years (2011, 2012) as long as the member communities fully reimburse the County for all costs and expenses connected with the operation of the program. BE IT FURTHER RESOLVED that during this two-year period Oakland County and the member communities will take steps to increase the number of member communities and to prepare the member communities to take over the operation and facilitation of the program at the conclusion of this two-year period. Chairperson, on behalf of the Planning & Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Charter Township of Oakland Resolution Supporting Oakland County’s Facilitation of the North Oakland Household Hazardous Waste Consortium, Charter Township of Oxford North Oakland Household Hazardous Waste Consortium 2011-2012 Resolution, Charter Township of Orion Resolution, and Groveland Township North Oakland Household Hazardous Waste Consortium (NO HAZ) on file in County Clerk’s office. Commissioners Minutes Continued. April 22, 2010 662 FISCAL NOTE (MISC. #10061) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS - WASTE RESOURCE MANAGEMENT – EXTENSION OF NO HAZ PROGRAM THROUGH 2012 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Oakland County has facilitated the North Oakland Household Hazardous Waste Consortium (NO HAZ) program since 2003 for the purpose of providing household hazardous waste collection services to member communities in northern Oakland County. 2. The resolution authorizes the Oakland County Waste Resource Management Unit to continue facilitation of the NO HAZ Program for an additional two years (2011 and 2012), contingent upon full reimbursement of all program costs from member communities. 3. During this period Oakland County and the member communities will take steps to increase the number of member communities and prepare member communities to take over operation and facilitation of the program at the conclusion of the two-year period. 4. The FY 2010 – FY 2012 Budget includes revenue estimates and expenditure appropriations for the NO HAZ program. No General Fund/General Purpose amendment is required. FINANCE COMMITTEE (The vote for this motion appears on page 670.) *MISCELLANEOUS RESOLUTION #10062 BY: Planning and Building Committee, John Scott, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS – WASTE RESOURCE MANAGEMENT – APPROVAL OF 2010 NO HAZ INTERLOCAL AGREEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County and its northern municipalities are committed to protection of the natural environment and preventing toxic materials from entering our waterways and landfill resources; and WHEREAS the improper handling and disposal of toxic and poisonous household chemicals poses a health risk to our citizens; and WHEREAS recognizing there is a need to provide regular and easily accessible household hazardous waste collection services to North Oakland residents; and WHEREAS collection events for household hazardous waste are widely accepted as the best way to provide citizens with a safe way to dispose of these toxic and poisonous household chemicals, meet Phase II Stormwater Protection requirements, encourage pollution prevention and enhance environmental health and safety in the home; and WHEREAS Oakland County, through its Waste Resource Management Division, has facilitated the creation of the North Oakland Household Hazardous Waste Consortium (NO HAZ); and WHEREAS participating municipalities in North Oakland County have appointed an official representative to the NO HAZ Consortium Board; and WHEREAS the NO HAZ Consortium has developed a household hazardous waste collection program; and WHEREAS the municipalities recognize and agree that absent an agreement with the County, the County has no obligation to facilitate such a program; and WHEREAS the County’s Corporation Counsel has reviewed and approved an Interlocal Agreement between the County and a number of municipalities in North Oakland County for the creation of a program to collect household hazardous waste; and WHEREAS the following municipalities have approved the Interlocal Agreement: Addison Township, Groveland Township, City of Lake Angelus, Oakland Township, Oxford Township, Orion Township, City of Rochester, City of Rochester Hills; and WHEREAS the Interlocal Agreement requires participating municipalities to fully reimburse the County for all costs it incurs in connection with the NO HAZ program. Commissioners Minutes Continued. April 22, 2010 663 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached Interlocal Agreement and authorizes the Chairperson of the Board of Commissioners to sign the Agreement with all municipalities who have signed the Interlocal Agreement and passed a resolution in support thereof. Chairperson, on behalf of the Planning & Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE North Oakland County Household Hazardous Waste Interlocal Agreement between Oakland County and (Name of Municipality) Incorporated by Reference. Originals on file in County Clerk’s office. FISCAL NOTE (MISC. #10062) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS - WASTE RESOURCE MANAGEMENT – APPROVAL OF 2010 NO HAZ INTERLOCAL AGREEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Oakland County has facilitated the creation of the North Oakland Household Hazardous Waste Consortium (NO HAZ) to provide household hazardous waste collection services to residents of northern Oakland County. 2. The resolution approves the 2010 NO HAZ Interlocal Agreement and authorizes the Chairperson of the Board of Commissioners to sign the Agreement with all municipalities who have signed the Interlocal Agreement and passed a resolution in support thereof. 3. The Interlocal Agreement requires participating municipalities to fully reimburse the County for all costs incurred in connection with the NO HAZ Program. 4. The FY 2010 Budget includes revenue estimates and expenditure appropriations for the 2010 NO HAZ Program. No General Fund/General Purpose amendment is required. FINANCE COMMITTEE (The vote for this motion appears on page 670.) *MISCELLANEOUS RESOLUTION #10072 BY: Planning and Building Committee, John Scott, Chairperson IN RE: DEPARTMENT OF CENTRAL SERVICES – OAKLAND COUNTY INTERNATIONAL AIRPORT – 2010 GRANT PROGRAM ACCEPTANCE – CONSTRUCTION OF TERMINAL BUILDING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is in receipt of Michigan Department of Transportation Grant Contract No 2010-0188, Federal Project No. D-26-0079-6410, for Federal funds in the amount of $200,000, and State funds in the amount of $5,263, for the development and improvement of Oakland County International Airport; and WHEREAS the project consists of the construction of a terminal building at Oakland County International Airport; and WHEREAS the Michigan Department of Transportation shall act as agent on behalf of the County in the administration of the project; and WHEREAS the development project, as offered and approved by the Michigan Department of Transportation, requires a local grant match of $5,264, which is available from the airport fund; and WHEREAS the Airport Committee has reviewed the project and recommends acceptance of the grant contract; and WHEREAS the attached contract has been approved in accordance with the County Executive's review process; and WHEREAS no application was requested from Oakland County; therefore, the application provisions of M.R. #95098, do not apply. Commissioners Minutes Continued. April 22, 2010 664 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the grant contract in an amount not to exceed $210,527, which includes a local grant match of $5,264, which is available from the airport fund. BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners is authorized to execute the grant contract. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Grant Review Sign Off – Central Services/Aviation – Oakland County International Airport, Correspondence from Laurie VanPelt regarding Grant Review: Oakland County International Airport – 2010 Construction of Terminal Building – Grant Acceptance, Michigan Department of Transportation County of Oakland Contract for a Federal/State/Local Airport Project Under the Block Grant Program, Supplemental Provisions for Federal/State/Local Contracts Involving Construction Work at All Classifications of Airports, Prohibition of Discrimination in State Contracts, Civil Rights Act of 1964, Title VI – 49 CFR Part 21 Contractual Requirements, Assurances that Recipients and Contractors Must Make, Special Conditions, and Prime Consultant Statement of DBE Subconsultant Payments on file in County Clerk’s office. FISCAL NOTE (MISC. #10072) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF CENTRAL SERVICES – OAKLAND COUNTY INTERNATIONAL AIRPORT – 2010 GRANT PROGRAM ACCEPTANCE – CONSTRUCTION OF TERMINAL BUILDING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Oakland County has received a Federal funds for the Michigan Department of Transportation Grant Contract No. 2010-0188, Federal Project No. D-26-0079-6410, in the amount of $200,000, State funds in the amount of $5,263 and a required local grant match of $5,264 for the development and improvement of Oakland County International Airport. 2. The project consists of construction of a terminal building at Oakland County International Airport. 3. The Airport Committee has reviewed the project and recommends acceptance of the grant contract. 4. The funding period of the grant is 36 months from the date of the award. 5. The total cost of the project is $210,527 with $200,000 of the cost from Federal funds, $5,263 of the cost from State funds and $5,264 from the Airport fund resources for the grant match. 6. The Michigan Department of Transportation shall act as agent on behalf of the County in the administration of the project. 7. No General Fund appropriation is required. Funding is available within the Airport fund. FINANCE COMMITTEE (The vote for this motion appears on page 670.) *MISCELLANEOUS RESOLUTION #10073 BY: Planning and Building Committee, John Scott, Chairperson IN RE: DEPARTMENT OF CENTRAL SERVICES – OAKLAND/TROY AIRPORT – 2010 GRANT PROGRAM ACCEPTANCE – PURCHASE SNOW REMOVAL EQUIPMENT AND ENGINEERING FOR REHABILITATION OF STORM DRAINS AND TAXI LANES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is in receipt of Michigan Department of Transportation Grant Contract No. 2010-0175, Federal Project No. D-26-0118-1008, for Federal funds in the amount of $82,650, and State funds in the amount of $2,175, for the development and improvement of Oakland Troy Airport; and WHEREAS the project consists of the purchase of snow removal equipment and development of engineering plans for the rehabilitation of storm drains and taxi lanes at Oakland/Troy Airport; and Commissioners Minutes Continued. April 22, 2010 665 WHEREAS the Michigan Department of Transportation shall act as agent on behalf of the County in the administration of the project; and WHEREAS the development project, as offered and approved by the Michigan Department of Transportation, requires a local grant match of $2,175, which is available from the airport fund; and WHEREAS the Airport Committee has reviewed the project and recommends acceptance of the grant contract; and WHEREAS the attached contract has been approved in accordance with the County Executive's review process; and WHEREAS no application was requested from Oakland County; therefore, the application provisions of M.R. #95098, do not apply. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the grant contract in an amount not to exceed $87,000, which includes a local grant match of $2,175, which is available from the airport fund. BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners is authorized to execute the grant contract. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Correspondence from Laurie VanPelt regarding Grant Review: Oakland/Troy Airport – 2010 Purchase of Snow Removal Equipment and Development of Engineering Plans for the Rehabilitation of Storm Drains and Taxilanes – Grant Acceptance, Grant Review Sign Off – Central Services/Aviation – Oakland Troy Airport, Project Budget, Michigan Department of Transportation County of Oakland Contract for a Federal/State/Local Airport Project Under the Block Grant Program, Supplemental Provisions for Federal/State/Local Contracts Involving Only Preliminary/Design Engineering at All Classifications of Airports, Prohibition of Discrimination in State Contracts, Civil Rights Act of 1964, Title VI – 49 CFR Part 21 Contractual Requirements, Assurances that Recipients and Contractors Must Make, Special Conditions, and Prime Consultant Statement of DBE Subconsultant Payments on file in County Clerk’s office. FISCAL NOTE (MISC. #10073) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF CENTRAL SERVICES – OAKLAND/TROY AIRPORT – 2010 GRANT PROGRAM ACCEPTANCE – PURCHASE SNOW REMOVAL EQUIPMENT AND ENGINEERING FOR REHABILITATION OF STORM DRAINS AND TAXILANES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Oakland County has received Federal funds for the Michigan Department of Transportation Grant Contract No. 2010-0175, Federal Project No. D-26-0118-1008, in the amount of $82,650, State funds in the amount of $2,175 and a required local grant match of $2,175 for the development and improvement of Oakland/Troy Airport. 2. The project consists of the purchase of snow removal equipment and development of engineering plans for the rehabilitation of storm drains and taxilanes at Oakland/Troy Airport. 3. The Airport Committee has reviewed the project and recommends acceptance of the grant contract. 4. The funding period of the grant is 36 months from the date of the award. 5. The total cost of the project is $87,000 with $82,650 of the cost from Federal funds, $2,175 of the cost from State funds and $2,175 from the Airport fund resources for the grant match. 6. The Michigan Department of Transportation shall act as agent on behalf of the County in the administration of the project. 7. No General Fund appropriation is required. Funding is available within the Airport fund. FINANCE COMMITTEE (The vote for this motion appears on page 670.) Commissioners Minutes Continued. April 22, 2010 666 *MISCELLANEOUS RESOLUTION #10074 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: PROSECUTING ATTORNEY, CIRCUIT COURT - FAMILY DIVISION, AND CHILDREN’S VILLAGE – PROGRAM YEAR 2010 JUVENILE ACCOUNTABILITY BLOCK GRANT (JABG) ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Department of Human Services has awarded grant funding to the Prosecuting Attorney, Circuit Court - Family Division, and Children’s Village under the Juvenile Accountability Block Grant (JABG) for the program year of April 1, 2010 through March 31, 2011; and WHEREAS this is the twelfth (12th) year of grant acceptance for this program; and WHEREAS the MI Department of Human Services has awarded Oakland County a grant totaling $132,700 of which $119,430 is from the State as a Federal pass-through, and the balance of $13,270 is the County’s match amount; and WHEREAS the required 10% County match is included in the FY 2010, FY 2011, and FY 2012 Non- departmental Adopted Budget; and WHEREAS the multi-departmental grant award provides project funding focusing on three areas of opportunity to increase accountability for juvenile criminal offenses and increase accountability in the juvenile system within the larger existing juvenile justice needs continuum; and WHEREAS the grant program consists of three projects: 1) Children’s Village Re-Entry Program, 2) Circuit Court Juvenile Drug Court Art Through Photography, and 3) Prosecuting Attorney Accountability – Teen Court. WHEREAS the grant award continues funding for one (1) SR Probation Officer I position (4010201- 09330); also this award provides funding for contractual consultant services; and WHEREAS due to the late receipt of the agreement from the State (March 15, 2010) and the short timeframe given for signature and submission (March 23, 2010) prior to the start of the agreement (April 1, 2010), it was necessary to expedite the acceptance process; and WHEREAS the Agreement has completed the County Executive’s Contract Review Process and has been sent to the BOC Chair for signature according to the Board of Commissioner’s Grant Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts grant funding from the MI Department of Human Services in the amount of $132,700 including County matching funds of $13,270 for the program year period of April 1, 2010 through March 31, 2011. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment, and continuation of the special revenue position is contingent upon future levels of grant funding. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant agreement and to approve any grant extensions or changes within fifteen percent (15%) of the original award, which is consistent with the original agreement as approved. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Grant Review Sign Off – Multi-Departmental: Prosecuting Attorney, Circuit Court, Children’s Village, Request for New Grant Project, Agreement between Michigan Department of Human Services and Oakland County and Budget Details and Summaries on file in County Clerk’s office. FISCAL NOTE (MISC. #10074) BY: Finance Committee, Tom Middleton, Chairperson IN RE: PROSECUTING ATTORNEY, CIRCUIT COURT - FAMILY DIVISION, AND CHILDREN’S VILLAGE – PROGRAM YEAR 2010 JUVENILE ACCOUNTABILITY BLOCK GRANT (JABG) ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Michigan Department of Human Services has awarded grant funding in the amount of $132,700 to the Prosecuting Attorney, Circuit Court - Family Division, and Children’s Village Commissioners Minutes Continued. April 22, 2010 667 under the Juvenile Accountability Block Grant (JABG) for the period of April 1, 2010 through March 31, 2011. 2. The grant award provides funding for the following: Circuit Court facilitator for Art Therapy Through Photography program; a Teen Court program through the Prosecuting Attorneys Office to provide a justice model within a peer setting, and Children’s Village Re-Entry program. 3. The State contribution is $119,430 (90%) and the County grant match is $13,270 (10%), of which $7,574 is included in the General Fund Non-Departmental Grant Match line item and $5,696 will come from the Laundry and Cleaning line item of the Children’s Village budget under the Child Care Fund. 4. In addition to the County match requirements, the County is expected to incur administrative and support costs of $4,484, which have been included in the Fiscal Year 2010/Fiscal Year 2011 budget. This grant does not allow for recovery of those costs. 5. The grant continues funding for one (1) FTE Probation Officer I (position #4010201-09330), funding for contractual consultant services. 6. A budget amendment is recommended as follows: Amended Adopted Amendment Budget GENERAL FUND (#10100) FY 2010 FY 2010 FY 2010 9090101-196030-730800 Non-Dept Grant Match $ -0- ($ 7,574) ($ 7,574) 4010201-122060-788001-27365 Pros Atty Transfer Out -0- 7,424 7,424 3010401-121240-788001-27365 Cir Ct - Transfer Out -0- 150 150 Total General Fund Transfers $ -0- $ -0- $ -0- CHILD CARE FUND (#20293) Expenditures Children’s Village 1060501-112090-731059 Laundry and Cleaning $ 83,000 ($ 5,696) $ 77,304 1060501-112090-788001-27365 Transfer Out -0- 5,696 5,696 Total Child Care Fund $ 83,000 $ -0- $ 83,000 JABG GRANT FUND (#27365) Revenues 4010201-122060-610313 Pros Atty - Grants – Fed $ 81,354 ($14,537) $ 66,817 4010201-122060-695500-10100 Pros Atty - Transfer In 9,039 ( 1,615) 7,424 3010401-121240-610313 Cir Ct - Grants – Federal 5,400 ( 4,050) 1,350 3010401-121240-695500-10100 Cir Ct. - Transfer In 600 ( 450) 150 1060501-112090-610313 CV - Grants - Federal 0 51,263 51,263 1060501-112090-695500-10100 CV - Transfer In 0 5,696 5,696 4010101-122060-610313 Pros Atty - Grants – Fed 15,746 ( 15,746) 0 4010101-122060-695500-10100 Pros Atty - Transfer In 1,750 ( 1,750) 0 Total Revenues $113,889 (( $ 18,811 $132,700 Expenditures Prosecuting Attorney Teen Court Program 4010201-122060-702010 Salaries $ 50,536 $( 1,263) $ 49,273 4010201-122060-722740 Fringe Benefits 31,747 ( 6,779) 24,968 Sub-Total Pros. Atty. Teen Ct. Program $ 82,283 ($ 8,042) $ 74,241 Circuit Court Drug Court 3010401-121240-730373 Contracted Services $ 3,000 ($ 1,500) $ 1,500 Sub-Total Circuit Court Drug Court $ 3,000 ($ 1,500) $ 1,500 Children’s Village 1060501-112090-730373 Contracted Services $ 0 $56,959 $ 56,959 1060501-112090-788001 Transfer Out $ 28,606 ($28,606) $ 0 Sub-Total Children’s Village $ 28,606 $28,353 $ 6,959 Total JABG Grant Fund Expenditures $113,889( $18,811 $132,700 FINANCE COMMITTEE Commissioners Minutes Continued. April 22, 2010 668 (The vote for this motion appears on page 670.) *REPORT (MISC. #10075) BY: Human Resources Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFF, PROSECUTING ATTORNEY – FISCAL YEAR 2010 OAKLAND COUNTY NARCOTICS ENFOREMENT TEAM (NET) BYRNE GRANT ACCEPTANCE – AND ADDITION OF FORFEITED VEHICLE AND OPERATING COST To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee having reviewed the above referenced resolution on April 14, 2010 reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing report. HUMAN RESOURCES COMMITTEE MISCELLANEOUS RESOLUTION #10075 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF, PROSECUTING ATTORNEY – FISCAL YEAR 2010 OAKLAND COUNTY NARCOTICS ENFORCEMENT TEAM (NET) BYRNE GRANT ACCEPTANCE – AND ADDITION OF FORFEITED VEHICLE AND OPERATING COST To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan State Police awarded the Sheriff and Prosecuting Attorney funding for the FY 2010 Narcotics Enforcement Team (NET) Byrne Grant Program; and WHEREAS the grant application requested $302,720 in funding, and the grant award is the same; and WHEREAS the State share of funding is $302,720, the County grant match is $302,720, and the balance of program funding of $112,693 will be derived from Sheriff and Prosecutor Drug Forfeiture Funds; representing total NET Byrne program budget of $718,133; and WHEREAS grant funding is for the period of October 1, 2009 through September 30, 2010; and WHEREAS the grant award will partially fund the continuation of two (2) SR Assistant Prosecutor III positions (#4010201-06386 & 07959), and one (1) SR Assistant Prosecutor IV position (#4010201-07207) which is and will continue to be under-filled with an Assistant Prosecutor II in the Prosecuting Attorney’s Office; and WHEREAS in the Sheriff’s Office the grant award will also continue partial funding of two (2) SR Sergeant positions (#4030920-9829 and #4030920-9830); and WHEREAS with this award the Sheriff’s Office is requesting the creation of one (1) SR Deputy II, and one (1) SR part-time non-eligible (PTNE) 1,000 hrs./year Office Assistant II to re-establish previous staffing levels; and WHEREAS the FY 2010 grant program is partially funded by Drug Forfeiture funds of $50,608 from the Prosecutor’s forfeiture account; and $56,085 from the Sheriff’s forfeiture account; and WHEREAS this grant award has been processed through the County Executive’s Contract Review Process and the Board of Commissioners’ Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Oakland County NET Byrne Grant award, for the period October 1, 2009 through September 30, 2010, in the amount of $605,440, which includes $302,720 of State allocation and $302,720 of GFGP County grant match. BE IT FURTHER RESOLVED that one (1) SR Deputy II position and one (1) SR PTNE 1,000 hr./year Office Assistant II position be created in the Sheriff’s Office/Investigative & Forensic Services/Narcotics Enforcement Team (N.E.T.) Unit and partially be funded by the grant award. BE IT FURTHER RESOLVED that the grant award will partially fund the continuation of two (2) SR Assistant Prosecutor III positions (#4010201-06386 & 07959), and one (1) SR Assistant Prosecutor IV position (#4010201-07207) which is and will continue to be under-filled with an Assistant Prosecutor II in the Prosecuting Attorney’s Office; and in the Sheriff’s Office partially fund the continuation of two (2) SR Sergeant positions (#4030920-9829 and #4030920-9830). BE IT FURTHER RESOLVED that Drug Forfeiture Funds of $56,085 be transferred from the Sheriff’s Drug Forfeiture account to partially fund two (2) current existing positions (#4030920-9829 and Commissioners Minutes Continued. April 22, 2010 669 #4030920-9830) and partially contribute towards the creation of one (1) new Deputy II position, and one (1) new PTNE Office Assistant II position. BE IT FURTHER RESOLVED that one (1) forfeited vehicle be added to the County fleet and associated operating cost totaling $6,000 be funded from the Sheriff’s Drug Forfeiture account. BE IT FURTHER RESOLVED that total NET Byrne Program cost of $718,133 consists of $302,720 in State grant award funding; and $302,720 in GF/GP grant matching funds; and $112,693 in Drug Forfeiture Account funds, including $50,608 from the Prosecutor’s forfeiture account; and $62,085 from the Sheriff’s forfeiture account ($56,085 for positions, and $6,000 for the added vehicle expense). BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant award and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original application as approved. BE IT FURTHER RESOLVED that continuation of this program, including positions, is contingent upon continued grant and Drug Forfeiture Account funding. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Grant Review Sign Off – Sheriff, Prosecuting Attorney, New Fiscal Year Byrne JAG Grants Magic Instructions, Grant Agreement Between Michigan State Police and County of Oakland, Purpose, Statement of Work, Program Budget Summary Michigan State Police Byrne Justice Assistance Grant FY 2209-2010, Performance/Progress/PMT Report Requirements, Financial Status Report Michigan State Police, Audit Status Notification Letter, Certifications and Assurances on file in County Clerk’s office. FISCAL NOTE (MISC. #10075) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF, PROSECUTING ATTORNEY – FISCAL YEAR 2010 OAKLAND COUNTY NARCOTICS ENFORCEMENT TEAM (NET) BYRNE GRANT ACCEPTANCE – AND ADDITION OF FORFEITED VEHICLE AND OPERATING COST 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 Prosecuting Attorney and Sheriff have been awarded grant funds in the amount of $605,440 (same amount as requested in the application) for the Fiscal Year 2010 Byrne Memorial Grant for the Oakland County Narcotics Enforcement Team (NET). 2. The State contribution is $302,720 and County grant match is $302,720. The County match is included in the Fiscal Year 2010 Non-Departmental Grant Match line item. 3. The total program funding is $718,133, which includes the grant award of $302,720, the County grant match of $302,720, $62,085 from the Sheriff Department NET Forfeitures account (4030901-110040-222430), and $50,608 from the Prosecutor Department Forfeiture account (4010101-123030-222440). 4. The grant award continues funding for three (3) SR Assistant Prosecutors (position #4010201- 06386, #07207, & #07959) and two (2) SR Sergeant positions (#4030901-09829, and #09830) in the Sheriff’s Office. 5. In addition, with this award, one (1) new SR Deputy II and one (1) new SR Office Assistant II positions will be created in the Sheriff’s Office. 6. This grant award also authorizes the addition one (1) forfeited vehicle and $6,000 of associated operating cost be added to the County fleet, funded from the Sheriff’s Drug Forfeiture account. 7. The grant period is October 1, 2009 through September 30, 2010. 8. A budget amendment to the Fiscal Year 2010 Adopted Budget is recommended as follows: Amended Adjust- Adjusted GENERAL FUND #10100 FY 2010 ment FY 2010 Revenue 4030901-123030-670285 Enhancement Fds $ 62,085 $ 62,085 4010101-122080-670285 Enhancement Fds 50,608 50,608 Total General Fund Revenue $112,693 $112.693 Commissioners Minutes Continued. April 22, 2010 670 Expenditures 9090101-196030-730800 Grant Match ($302,720) ($302,720) 4010201-122080-788001-27320 Transfers Out 201,968 201,968 4030901-110090-788001-27320 Transfers Out 213,445 213,445 Total General Fund Expenses $112,693 $112,693 GRANT FUND #27320 Project GR #0000000146, Activity A, Analysis Type GLB Budget Ref 2010 Revenue 4010201-122080-610313 Grants Federal $ 76,841 $ 74,519 $ 151,360 4030901-110090-610313 Grants Federal 76,842 74,518 151,360 4030901-110090-695500-10100 Trfrs In Sherf 147,001 66,444 213,445 4010201-122080-695500-10100 Trfrs In Pros 334,370 ( 132,402) 201,968 Total Grant Fund Revenue $ 635,054 $ 83,079 $ 718,133 Expenditures 4030901-110090-702010 Salaries $ 143,214 $ 90,616 $ 233,830 4030901-110090-722740 Fringe Benefit 80,629 44,345 124,974 4010201-122085-702010 Salaries 164,765 ( 5,893) 158,872 4010201-122085-722740 Fringe Benefit 92,762 ( 1,458) 91,304 4010201-122080-702010 Salaries 98,326 ( 32,820) 65,506 4010201-122080-722740 Fringe Benefit 55,358 ( 17,711) 37,647 4010201-122080-776659 Motor Pool Fuel 0 6,000 6,000 Total Grant Fund Expenditures $ 635,054 $ 83,079 $ 718,133 FINANCE COMMITTEE Vote on Consent Agenda: AYES: Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). MISCELLANEOUS RESOLUTION #10076 BY: Finance Committee, Thomas Middleton, Chairperson IN RE: ESTABLISHMENT OF OAKLAND COUNTY TELEPHONE OPERATING SURCHARGE RATE FOR THE PERIOD JULY 1, 2010 TO JUNE 30, 2011 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution #99279 authorized the telephone companies operating within Oakland County to levy up to four (4%) percent surcharge for emergency telephone operations (with the actual levy being $.57 per wireline, as then defined by State statutes, while the authorized amount could have been up to $.80 per wireline) with recognition that the surcharge would expire on December 31, 2006; and WHEREAS enabling legislation permitted the extension of wireline and wireless operating surcharges from January 1, 2007 and through February 28, 2008 pending a more permanent solution; and WHEREAS the Board of Commissioners extended the telephone operating surcharge for 2007 and through February 28, 2008 at a rate of $.28 per line, as defined (down from the $.57 per line); and WHEREAS the $.28 per line, as defined, was to fund the construction of a new radio communication system and related operations ($.19 per line) and $.09 per line (a one-time charge) for the acquisition of IP-based call-taking equipment for the County Sheriff’s Office and local public safety answering points operating within Oakland County; and WHEREAS the Board of Commissioners established a telephone operating surcharge rate for the period of July 1, 2008 to June 30, 2009 of $.18 per line, as defined; and Commissioners Minutes Continued. April 22, 2010 671 WHEREAS the Michigan Public Services Commission (MPSC) interpreted the legislation to limit the Board of Commissioner approved telephone operating surcharge of $.28 per line, as defined, to $.18 per line through Case Number U-15489, causing a restructuring of the IP-based call-taking equipment project to live within the amount adjusted by the MPSC; and WHEREAS Public Act 379 of 2008 permits the Board of Commissioners to review the amount of the operational surcharge it annually authorizes each May and adjust the amount effective July 1 of that year; and WHEREAS the telephone operating surcharge for the period July 1, 2009 through June 30, 2010 was set at $.18 per line, as defined, by the Board of Commissioners in spring 2009; and WHEREAS the $.18 per line, as defined, as approved by the Board of Commissioners action generates approximately $3.7 million in annual surcharge revenues (or, approximately $205,000 per penny of surcharge levied for a year) to construct and maintain the radio communications/E-9-1-1 functions for public safety (law enforcement, fire and emergency medical services) in Oakland County; and WHEREAS the Board of Commissioners is now annually required by State statutes to adopt the telephone operating surcharge each spring for the next period from July 1 to June 30 (in this case, for the July 1, 2010 through June 30, 2011); and WHEREAS such approved operating surcharge resolution shall be submitted to the MPSC no later than May 17, 2010 for the period of July 1, 2010 through June 30, 2011; and WHEREAS the attached letter of transmittal (dated April 5, 2010) and related report (dated March 28, 2010) addresses business issues and fiscal concerns involving the Radio Communications Fund and the CLEMIS Operating Fund and has been incorporated herein by reference; and WHEREAS the Radio Oversight Committee, a committee of the CLEMIS Advisory Board, took action to unanimously approve the extension of the $.18 per line telephone operating surcharge on March 25, 2010 and indicated that several members of the Committee would be discussing a solution to the CLEMIS Operating Fund business and fiscal issues, with the potential of raising the operating surcharge rate; and WHEREAS the Radio Oversight Committee reviewed the business issues as cited in the above report and electronically voted to support an increase to $.28 per line, as defined, on March 31, 2010 (7 votes in support of the increase in surcharge amounts of $.10 over the current $.18 per line level and 6 votes opposed); and WHEREAS the intention of the surcharge resolution increasing the rate from $.18 to $.28 per line, as defined, passed by the Radio Oversight Committee was to provide for a funding source to alleviate the present CLEMIS Operating Fund fiscal issues as outlined in the attached letter of transmittal and report; and WHEREAS the County Administration believes that the ‘parity issue’ as defined in the attached letter of transmittal and report requires the out-County law enforcement agencies (sans the City of Livonia Police Department, as Livonia is the CLEMIS disaster recovery/back-up site; such back-up costs have been and continue to be borne by Livonia) to increase their contributions to the operating support of CLEMIS; and WHEREAS an increase in the telephone operating surcharge levied against the Oakland County telephone users exacerbates the ‘parity issue’ (as cited in the attached letter of transmittal and report) by burdening the Oakland County taxpayers through the increase in surcharge fees and in the operating support from the County’s General Fund, while financially absolving non-Oakland County public safety agencies of their fiscal responsibilities towards CLEMIS (other than Livonia as noted previously); and WHEREAS the CLEMIS Advisory Board voted to increase the membership fees to County and non- County law enforcement agencies by 5% in each of the years 2010 through 2012 in an effort to mitigate the business issues facing CLEMIS; and WHEREAS the non-County law enforcement agencies are charged a membership fee 10% higher than those agencies within Oakland County and are generally required to connect to the CLEMIS systems at their cost; and WHEREAS a meeting was held on April 7, 2010 involving law enforcement representatives and County Administration to discuss the operating surcharge and related CLEMIS business issues detailed in the attached letter of transmittal; and WHEREAS it was determined that the resolution of the CLEMIS Operating Fund issues were paramount to the operating efficiencies of local law enforcement agencies, particularly given the reduction in most, if not all, agencies arising from the regional economy and declines in property values; and WHEREAS increases in CLEMIS membership and other fees burdened on Oakland County law enforcement agencies would exacerbate the reductions in law enforcement services; and Commissioners Minutes Continued. April 22, 2010 672 WHEREAS an analysis was conducted and costs eligible under the operating surcharge were being incurred in the CLEMIS Operating Fund and General Fund, as follows: • Software maintenance and support $ 292,000 • Hardware maintenance $ 65,000 • Wireless fees for mobile data computers/LEIN fees $ 494,000 • Reimbursement of General Fund for OAKNet and restoration of CLEMIS support $ 236,000 TOTAL $1,087,000 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the extension of the operating surcharge on telephone lines, as defined by State statute, for the period of July 1, 2010 through June 30, 2011 to cover the operations, construction and necessary provisions of the Radio Communications Fund in the amount of $.23 per line (such increase in operating surcharge is estimated to generate $1,025,000 in new revenues in support of local law enforcement). BE IT FURTHER RESOLVED that a plan to mitigate the “parity issue” as described in the attached letter of transmittal and report be developed, approved by the CLEMIS Advisory Board no later than July 31, 2010 and subsequently brought back to the Board of Commissioners no later than August 15, 2010 for review and approval. BE IT FURTHER RESOLVED that the FY 2010 budget amendments will be included in the Third Quarter FY 2010 Forecast Resolution once the mechanics of how the operating surcharge eligible costs will be recorded and the FY 2011-2013 budget amendments will be included with the FY 2011-2013 budget process. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Correspondence from Patrick T. Browne, President, Oakland County Association of Chiefs of Police, Correspondence from Robert J. Daddow, Deputy County Executive, regarding CLEMIS Financial Status, Issues and Potential Solutions, CLEMIS Services Provided to Members by Agency, CLEMIS Operating Fund Reductions in Cash, Working Capital and Fund Equity and Oakland County General Fund Operating Subsidies and CLEMIS Fund Rate Analysis on file in County Clerk’s office. Moved by Middleton supported by Potter the resolution be adopted. Discussion followed. AYES: Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns. (24) NAYS: Gosselin. (1) A sufficient majority having voted in favor, the resolution was adopted. MISCELLANEOUS RESOLUTION #10077 BY: General Government Committee, Christine Long, Chairperson IN RE: HEALTH AND HUMAN SERVICES DEPARTMENT/HOMELAND SECURITY DIVISION - TORNADO WARNING SYSTEM EXPANSION – CITY OF NOVI To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution No.'s 7865, 7971, and 8664 accepted federal grants to defray a portion of the costs in purchasing sirens to be utilized within the Oakland County Tornado Warning System; and WHEREAS the County share of the costs will remain at twenty-five percent as has been the policy previously established by the Board of Commissioners by various Miscellaneous Resolutions, whereby local units pay seventy-five percent with the County being responsible for the maintenance and electrical costs for the sirens purchased; and WHEREAS the City of Novi, has executed the attached Interlocal Agreement; and Commissioners Minutes Continued. April 22, 2010 673 WHEREAS the City of Novi has agreed to pay seventy-five percent of the total estimated cost of one siren; and WHEREAS consistent with the attached Interlocal Agreement, the City of Novi agrees that Oakland County will retain ownership of the siren and will be responsible for the maintenance and the electrical costs for said siren purchased under this agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorize the contract with the City of Novi for the purchase of one tornado siren. BE IT FURTHER RESOLVED that the expenditure of this appropriation is contingent upon the execution of the attached written agreement between the County and the City of Novi. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of City of Novi Tornado Siren Budget Summary on file in County Clerk’s office. Severe Weather Warning System Interlocal Agreement between Oakland County and City of Novi Incorporated by Reference. Originals on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #10078 BY: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES – REORGANIZATION AND PERSONNEL RELATED ACTIONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Department of Health and Human Services have reviewed their operations and proposes a reorganization to increase efficiency and better address their technical support needs; and WHEREAS it has been determined that a reorganization is recommended to align the workload and positions to enhance the needs of their clients while lowering costs; and WHEREAS the proposed reorganization provides additional revenue to the County through the State reimbursement of Child Care funds, and results in an overall net savings to the County. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the proposed personnel actions for the Department of Health and Human Services as follows: 1. To delete the following GF/GP positions in the Health Division: Dept-Position Number Position Title Location 1060232-01151 Public Health Clinical Dentist Dental Clinic 1060236-00897 Public Health Nurse III Field Nursing 1060236-02035 Public Health Nurse III Field Nursing 1060236-02337 Public Health Nurse III Field Nursing 1060236-02524 Public Health Nurse III Field Nursing 1060236-02834 Public Health Nurse III Field Nursing 1060236-03650 Public Health Nurse III Field Nursing 1060236-07492 Public Health Nurse III Field Nursing 2. To create one (1) full time eligible GF/GP Clinical Psychologist I position at Children’s Village (1060501). 3. To create two (2) full-time eligible GF/GP Children’s Village Case Coordinator I positions at Children’s Village (1060501). 4. To create three (3) full-time eligible GF/GP Youth Specialist I positions at Children’s Village (1060501). 5. To create one (1) full-time non-eligible (2,000 hours) Public Health Clinical Dentist position in Health (1060232). 6. To transfer one (1) full-time eligible Auditor II (grade 12) position (1010202-02698) from Auditing to Children’s Village (1060501) and laterally reclassify to Program Supervisor – CV (grade 12). Commissioners Minutes Continued. April 22, 2010 674 7. To laterally reclassify one (1) full-time eligible Office Supervisor I (grade 8) position (1060211- 02628) to Technical Assistant (grade 8) and move from Health/Central Support (1060211) to Health/Administration (1060201). BE IT FURTHER RESOLVED that the effective date for the above actions be May 8, 2010 and the deletion of the full-time eligible PH Clinical Dentist be effective June 5, 2010 which is the date this position becomes vacant. BE IT FURTHER RESOLVED that the Fiscal Year 2010 budget be amended to reflect the reorganization and position changes listed above. Chairperson, on behalf of the General Government Committee, I move adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Salary and Fringe Benefit Savings/Costs – GF/GP on file in County Clerk’s office. The Chairperson referred the resolution to the Human Resources Committee and the Finance Committee. There were no objections. REPORT (MISC. #10047) BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – OPPOSITION TO HOUSE BILL 5319 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered the above titled resolution on April 12, 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 #10047 BY: Commissioner Shelley G. Taub IN RE: BOARD OF COMMISSIONERS – OPPOSITION TO HOUSE BILL 5319 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Michigan House Bill 5319 was introduced to amend Public Act 451 of 1994, entitled the Natural Resources and Environmental Protection Act, in order to establish that groundwater is a “public trust”; and WHEREAS House Bill 5319 would repeal the current legal doctrine which gives owners of real property a right to the reasonable use of groundwater, to the extent that it does not diminish the ability of neighboring property owners to obtain water; and WHEREAS by placing groundwater in a public trust, landowners would be required to secure a permit from the State of Michigan in order to use the water in certain circumstances, such as proximity to a trout stream; and WHEREAS local farmers and family-owned businesses have been providing safe, properly constructed water well systems for people to use water from the land they own for over a century. Thousands of customers utilize this water for domestic, agricultural, industrial and recreational use; and WHEREAS House Bill 5319 infringes upon the riparian rights of all landowners in Oakland County whose property has frontage to a lake, pond or stream and negatively compromises their right to have reasonable use of the water source, as well as property owners with well systems; and WHEREAS the right to develop and reasonably use water is critical to growth and commerce throughout Michigan and Oakland County; and WHEREAS Michigan has some of the strongest water protection laws, regulations and local ordinances in the nation. A landowner’s right to the reasonable use of water from their own property has historically received the highest protection by state law and the courts; and WHEREAS HB 5319 is attempting to quietly strip away these important property rights without landowner compensation and poses a dangerous threat to the economic prosperity of the State of Michigan and Oakland County. Commissioners Minutes Continued. April 22, 2010 675 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby finds that it would be detrimental to the people and economy of Oakland County to amend the Natural Resources and Environmental Protection Act, in order to establish that groundwater is a “public trust”. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners opposes House Bill 5319 and urges the Michigan Legislature to vote in opposition of this measure. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to Governor Jennifer M. Granholm, Representative Dan Scripps, the House Committee on Great Lakes and Environment, the Oakland County delegation to the Michigan Legislature, the Michigan Association of Counties and Oakland Counties Legislative Lobbyists. Chairperson, we move the adoption of the foregoing resolution. SHELLEY TAUB, BRADFORD JACOBSEN, CHRISTINE LONG, TOM MIDDLETON, JOHN SCOTT, MICHAEL GINGELL, SUE ANN DOUGLAS, JIM RUNESTAD, ROBERT GOSSELIN, KIM CAPELLO, DAVID POTTS Copy of House Bill 5319 (2009), Correspondence from Dan Scripps, State Representative, 101st District, Article in Traverse City Record-Eagle and Clean Water Action’s Statement on Oakland County Commission Resolution #10047 Presented by Cyndi Roper, April 12, 2010 on file in County Clerk’s office. Moved by Long supported by Taub the resolution be adopted. Moved by Long supported by Taub the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Discussion followed. Moved by Schwartz supported by Coulter to refer the resolution back to the General Government Committee. AYES: Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was referred back to the General Government Committee. MISCELLANEOUS RESOLUTION #10079 BY: Human Resources Committee, Sue Ann Douglas, Chairperson IN RE: DEFERRED COMPENSATION AND RETIREMENT BOARD MERGER To the Oakland County Board of Commissioners Chairperson, Ladies, and Gentlemen: WHEREAS Oakland County’s retirement programs consist of a Defined Benefit Pension Plan, Defined Contribution (401a) Plan, and Deferred Compensation (457) Plan; and WHEREAS the Oakland County Retirement Board manages the Defined Benefit and Defined Contribution plans and is comprised of the following nine (9) members; and • Board of Commissioners Chairperson or designee • Finance Committee Chairperson or designee • County Treasurer or designee • County Executive or designee • Citizen Member – appointed by Board of Commissioners • Three (3) elected employee members • One (1) elected retiree member Commissioners Minutes Continued. April 22, 2010 676 WHEREAS the Oakland County Deferred Compensation Board manages the Deferred Compensation Plan and is comprised of following five (5) members; and • Director of Management and Budget • Director of Human Resources • Corporation Counsel • County Treasurer • Board of Commissioners Chairperson or designee WHEREAS an Ad-Hoc Sub-Committee comprised of the Chairs of the Retirement Board, Deferred Compensation Board and Corporation Counsel was created to explore the concept of merging the Deferred Compensation and Retirement Boards; and WHEREAS the Ad-Hoc Sub-Committee has proposed a merger of the Retirement Board and Deferred Compensation Board into one new Board; and WHEREAS the Retirement Board and Deferred Compensation Board have independently approved the recommendation for the merger of the Retirement Board and Deferred Compensation Board; and WHEREAS a merger would provide efficiencies and economies for the members of the current Boards, the Human Resources Department staff, and County employees. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes the merger of the Retirement Board and the Deferred Compensation Board as the new “Oakland County Retirement and Deferred Compensation Board.” BE IT FURTHER RESOLVED that the new merged Board be comprised of the following individuals: • Board of Commissioners Chairperson or designee • Finance Committee Chairperson or designee • County Treasurer or designee • County Executive or designee • Three (3) elected employee members • One (1) elected retiree member • One (1) citizen member appointed by the new merged Board BE IT FURTHER RESOLVED the terms of the elected County officials on the merged Board shall be consistent with their elected office positions. The elected employee members and the citizen member shall serve four (4) year terms; the elected retiree member shall serve a two (2) year term. BE IT FURTHER RESOLVED that the new Board shall adopt By Laws to provide a framework for its operation and management. BE IT FURTHER RESOLVED that the merger of the Boards be effective June 1, 2010 or as soon as administratively feasible thereafter. Chairperson, on behalf of the Human Resources Committee, I move the adoption of the foregoing resolution. HUMAN RESOURCES COMMITTEE Moved by Douglas supported by Middleton the resolution be adopted. Discussion followed. Moved by Woodward supported by Coulter to amend the resolution as follows: BE IT FURTHER RESOLVED that the new merged Board be comprised of the following individuals: • Board of Commissioners Chairperson or designee • Finance Committee Chairperson or designee • County Treasurer or designee • County Executive or designee • Three (3) elected employee members • One (1) elected retiree member • One (1) citizen member appointed by the new merged Board Board of Commissioners Discussion followed. Commissioners Minutes Continued. April 22, 2010 677 Judy Cunningham, Corporation Counsel, addressed the Board. Moved by Middleton supported by Taub to amend the amendment as follows: BE IT FURTHER RESOLVED that the new merged Board be comprised of the following individuals: • Board of Commissioners Chairperson or designee • Finance Committee Chairperson or designee • County Treasurer or designee • County Executive or designee • Three (3) elected employee members • One (1) elected retiree member • One (1) citizen member appointed by the new merged Board and confirmed by the Board of Commissioners Discussion followed. Vote on amending the amendment: AYES: Douglas, Gingell, Gosselin, Jacobsen, Long, Middleton, Potter, Potts, Runestad, Scott, Taub, Bullard, Capello. (13) NAYS: Coulter, Gershenson, Greimel, Hatchett, Jackson, McGillivray, Nash, Schwartz, Woodward, Zack, Burns, Coleman. (12) A sufficient majority having voted in favor, the amendment to the amendment carried. Vote on Middleton amendment: AYES: Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello, Coleman, Coulter. (25) NAYS: None. (0) A sufficient majority having voted in favor, the amendment carried. Vote on resolution, as amended: AYES: Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello, Coleman, Coulter, Douglas. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolution, as amended, was adopted. Discussion followed. MISCELLANEOUS RESOLUTION #10080 BY: Planning and Building Committee, John Scott, Chairperson IN RE: WATER RESOURCES COMMISSIONER - REQUEST FOR $267,000 LOAN FROM THE LONG TERM REVOLVING FUND FOR CONSTRUCTION OF THE BUSH LAKE LEVEL CONTROL STRUCTURE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Bush Lake is an inland lake located in the Charter Township of Holly and the Village of Holly, County of Oakland, State of Michigan; and WHEREAS pursuant to Miscellaneous Resolution no. 04159 the Board of Commissioners authorized and appointed the Water Resources Commissioner to initiate legal action in the Circuit Court to establish a normal level for Bush Lake; and Commissioners Minutes Continued. April 22, 2010 678 WHEREAS on July 14, 2006, the Circuit Court established the normal lake level for Bush Lake pursuant to the provisions of Part 307, Inland Lake Levels, of the Natural Resources and Environmental Protection Act (NREPA), MCLA 324.30701 et seq. (“Part 307”); and WHEREAS said court order confirmed the boundaries of the special assessment district for Bush Lake; and WHEREAS the Office of the Water Resources Commissioner, as the delegated authority, inspected the lake level control structure utilized to maintain the normal level for Bush Lake and has determined that the public health, safety and welfare of the property owners and residents of Holly Township and the Village of Holly require the replacement of the structure; and WHEREAS the delegated authority has prepared an estimated cost that includes the administration, legal proceedings and replacement of the dam in the amount of $267,000 attached hereto as Exhibit A; and WHEREAS pursuant to Part 307, Section 30711 provides that the County Board of Commissioners may determine that the whole or part of the cost of a project shall be defrayed by special assessments against the following lands that are benefited by the project: privately owned parcels of land, political subdivisions of the state and state owned lands under the jurisdiction and control of the Michigan Department of Environmental Quality; and WHEREAS pursuant to Part 307, Section 30715, the County Board of Commissioners may also provide that the special assessments on properties benefited may be made in installments; and WHEREAS pursuant to Miscellaneous Resolution #02019, adopted February 21, 2002, established a Long Term Revolving Fund to assist in the financing of water and sewer projects that do not require the issuance of bonds; and WHEREAS Miscellaneous Resolution #02019 authorized loans up to $150,000, and an exception is being requested to authorize a loan to the Bush Lake Special Assessment District in an amount not to exceed $267,000. NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland, Michigan, as follows: 1. The County Board of Commissioners hereby authorizes loan not to exceed $267,000 from the County’s Long Term Revolving Fund to the Bush Lake Special Assessment District with an annual interest rate to be determined in accordance with County policy at the time the funds are disbursed for the costs associated with the administration, legal proceedings and construction of the Bush Lake level control structure (“Bush Lake Level Dam Project”). 2. All costs of the Bush Lake Level Dam Project shall be defrayed by special assessments against the following lands that are benefited by the project: privately owned parcels of land, political subdivisions of the state and state owned lands under the jurisdiction and control of the Michigan Department of Environmental Quality. 3. The delegated authority is authorized to apply the special assessment on benefited lands in ten (10) annual installments. 4. The delegated authority is authorized to compute all costs relating to the Bush Lake Level Dam Project and prepare a special assessment roll. 5. The delegated authority shall proceed with a public hearing on the Bush Lake Level Dam project and prepare a special assessment roll in accordance with Part 307 of the Michigan Natural Resources and Environmental Protection Act (MCL 324.30701 et seq.). Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Bush Lake Dam Estimate of Cost on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. Commissioners Minutes Continued. April 22, 2010 679 MISCELLANEOUS RESOLUTION #10014 BY: Planning and Building Committee, John Scott, Chairperson IN RE: OAKLAND COUNTY PARKS AND RECREATION MILLAGE, 2012 - 2021 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the one-quarter voted millage for the Oakland County Parks and Recreation areas in Oakland County will expire December 31, 2011; and WHEREAS the mission of the Oakland County Parks and Recreation Commission is to “deliver quality parks, recreation, facilities, programs, services and maintenance through a dedicated professional Park Commission and staff that listen to the needs of citizens, create innovative parks, recreation facilities and programs and increase the quality of life for the residents of Oakland County”; and WHEREAS in a 2008 county-wide survey, the citizens were very supportive of the actions of the Oakland County Parks and Recreation Commission, including: the repair of older park buildings, shelters, and playgrounds, the purchase of land to preserve open space and protect the environment, and purchase of land to develop walking and biking trails; and WHEREAS in the same county-wide survey, the majority of respondents indicated they would vote in favor of renewing the dedicated millage; and WHEREAS continued millage funding will be necessary in order to meet the mission of the Oakland County Parks and Recreation Commission and the needs and requests of the citizens of Oakland County; and WHEREAS Oakland County Corporation Counsel has reviewed and approved the proposed ballot language. NOW THEREFORE BE IT RESOLVED the Oakland County Parks and Recreation Commission hereby recommends the Oakland County Board of Commissioners approve the following ballot question be placed on the ballot at the August 3, 2010 Primary Election for the continuation of the millage at the current rate of 0.2415 mills for an additional ten (10) years for the purpose of operating, maintaining, improving and acquiring parks and recreation areas and facilities in Oakland County: “The Oakland County Parks and Recreation Commission was created in 1966 pursuant to Public Act 261 of 1965. Since 1967, there has been a separately dedicated parks and recreation millage. The current millage will expire on December 31, 2011. Accordingly, shall the current millage of .2415 mills, for the purpose of operating, maintaining, improving and acquiring parks and recreation areas and facilities in Oakland County, Michigan, be renewed for a period of ten (10) years from 2012 to 2021? The .2415 mills is equal to $0.2415 per $1,000.00 of taxable value. The millage, if renewed, will generate approximately $10,900,000 in 2012. Revenue from this millage will be disbursed only to the County of Oakland to be used solely for the purpose of funding the Oakland County Parks and Recreation Commission. This renewal is a continuation of the previous increase of the constitutional tax limitation on the total amount of general ad valorem taxes which may be imposed each year for all purposes upon taxable property in Oakland County, Michigan as set forth in Section 6, Article 9 of the Michigan Constitution.” Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE FISCAL NOTE (MISC. #10014) BY: Finance Committee, Tom Middleton, Chairperson IN RE: OAKLAND COUNTY PARKS AND RECREATION MILLAGE, 2012-2021 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 Parks and Recreation Commission is seeking approval of ballot language that would appear on the August 3, 2010 Primary Election Ballot. Commissioners Minutes Continued. April 22, 2010 680 2. The ballot question for the continuation of the millage at the current rate of 0.2415 mills for an additional ten (10) years from 2012 to 2021 for operating, maintaining, improving, and acquiring parks and recreation areas and facilities in Oakland County. 3. The ballot language was recommended for approval by the Oakland County Parks and Recreation Commission on November 4, 2009. 4. The millage, if renewed, will generate approximately $10,900,000 in 2012 based on most recent Taxable Value estimate. 5. The Taxable Value estimate has decreased and is expected to decrease in 2010, resulting in a reduction in the amount the millage will generate. 6. No budget amendment is recommended. FINANCE COMMITTEE Moved by Scott supported by Middleton the resolution (with fiscal note attached) be adopted. Discussion followed. Moved by Coulter supported by McGillivray the resolution be postponed until the May 5, 2010 Board meeting. Discussion followed. Vote on motion to postpone: AYES: Greimel, Hatchett, Jackson, McGillivray, Nash, Schwartz, Woodward, Zack, Burns, Coleman, Coulter, Gershenson. (12) NAYS: Gingell, Gosselin, Jacobsen, Long, Middleton, Potter, Potts, Runestad, Scott, Taub, Bullard, Capello, Douglas. (13) A sufficient majority not having voted in favor, the motion to postpone the resolution until the May 5, 2010 Board meeting failed. Dan Stencil, Executive Officer of Parks and Recreation, addressed the Board. Moved by Coulter supported by Hatchett the resolution be amended to add: WHEREAS the Board of Commissioners supports the concept of an Urban Recreation Strategy as put forth by the Oakland County Parks & Recreation Commission, which would increase recreational opportunities in currently underserved, urban communities in the county; and WHEREAS the proposed Urban Recreation target areas (Oakland County Parks & Recreation map attached) represents approximately 51% of the total population of Oakland County, efforts should be made that taxpayers in these communities receive a fair return on their investment in Oakland County parks and recreational programming. NOW THEREFORE BE IT RESOLVED that 40% of all future expenditures (operational and capital) of the Oakland County Parks & Recreation Commission be invested in the Urban Recreation target areas, equating to roughly $4.4 million of an anticipated $10.9 in 2012 based on the most recent taxable Value estimates. Chairperson Bill Bullard, Jr. declared a brief recess so that copies of the proposed amendment could be handed out. Chairperson Bill Bullard, Jr. called the meeting back to order. Discussion followed. Commissioner Douglas, as a point of order, stated that the amendment is not germane to the resolution. Commissioners Minutes Continued. April 22, 2010 681 Chairperson Bill Bullard, Jr. declared a brief recess to consult with Judy Cunningham, Corporation Counsel. Chairperson Bill Bullard, Jr. called the meeting back to order and stated that after consulting with Judy Cunningham, Corporation Counsel, the amendment is not germane to the resolution. Moved by Coulter supported by Woodward to amend the resolution to add: NOW THEREFORE BE IT RESOLVED that 40% of all future expenditures (operational and capital) of the Oakland County Parks & Recreation Commission be invested in the Urban Recreation target areas, equating to roughly $4.4 million of an anticipated $10.9 in 2012 based on the most recent taxable Value estimates. Discussion followed. Vote on amendment: AYES: Greimel, Hatchett, Jackson, McGillivray, Nash, Schwartz, Woodward, Zack, Burns, Coleman, Coulter, Gershenson. (12) NAYS: Gosselin, Jacobsen, Long, Middleton, Potter, Potts, Runestad, Scott, Taub, Bullard, Capello, Douglas, Gingell. (13) A sufficient majority not having voted in favor, the amendment failed. Moved by Woodward supported by Hatchett the resolution be amended as follows: NOW THEREFORE BE IT RESOLVED the Oakland County Parks and Recreation Commission hereby recommends the Oakland County Board of Commissioners approve the following ballot question be placed on the ballot at the August 3, 2010 Primary Election for the continuation of the millage at the current rate of 0.2415 mills for an additional ten (10) two (2) years for the purpose of operating, maintaining, improving and acquiring parks and recreation areas and facilities in Oakland County: “The Oakland County Parks and Recreation Commission was created in 1966 pursuant to Public Act 261 of 1965. Since 1967, there has been a separately dedicated parks and recreation millage. The current millage will expire on December 31, 2011. Accordingly, shall the current millage of .2415 mills, for the purpose of operating, maintaining, improving and acquiring parks and recreation areas and facilities in Oakland County, Michigan, be renewed for a period of ten (10) two (2) years from 2012 to 2021 2013? The .2415 mills is equal to $0.2415 per $1,000.00 of taxable value. The millage, if renewed, will generate approximately $10,900,000 in 2012. Revenue from this millage will be disbursed only to the County of Oakland to be used solely for the purpose of funding the Oakland County Parks and Recreation Commission. Discussion followed. Vote on amendment: AYES: Greimel, Hatchett, Jackson, McGillivray, Schwartz, Woodward, Zack, Burns, Coleman, Coulter, Gershenson. (11) NAYS: Jacobsen, Long, Middleton, Nash, Potter, Potts, Runestad, Scott, Taub, Bullard, Capello, Douglas, Gingell, Gosselin. (14) A sufficient majority not having voted in favor, the amendment failed. Moved by Woodward supported by Jackson the resolution be amended as follows: NOW THEREFORE BE IT RESOLVED the Oakland County Parks and Recreation Commission hereby recommends the Oakland County Board of Commissioners approve the following ballot question be placed on the ballot of the local communities that do not opt-out of participating in the Oakland County Parks and Recreation millage, 2012-2021 by passing a resolution and sending it to the Oakland County Clerk office no later than May 14, 2010 at the August Commissioners Minutes Continued. April 22, 2010 682 3, 2010 Primary Election for the continuation of the millage at the current rate of 0.2415 mills for an additional ten (10) years for the purpose of operating, maintaining, improving and acquiring parks and recreation areas and facilities in Oakland County: Chairperson Bill Bullard, Jr. declared a brief recess so that the proposed amendment could be copied and handed out. Chairperson Bill Bullard, Jr. called the meeting back to order. Discussion followed. Vote on amendment: AYES: Jackson, McGillivray, Woodward, Zack, Capello, Coulter, Gershenson. (7) NAYS: Hatchett, Jacobsen, Long, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Bullard, Burns, Coleman, Douglas, Gingell, Gosselin, Greimel. (18) A sufficient majority not having voted in favor, the amendment failed. Discussion followed. Moved by Zack supported by Gingell to call the question. A sufficient majority having voted in favor, the resolution was before the Board. Vote on resolution: AYES: Jackson, Jacobsen, Long, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Bullard, Burns, Capello, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett. (20) NAYS: McGillivray, Woodward, Zack, Coleman, Coulter. (5) A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted. MISCELLANEOUS RESOLUTION #10081 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE - CONTRACT FOR AUXILIARY DEPUTY SERVICES IN THE CITY OF PONTIAC 2010 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is policy of the Oakland County Board of Commissioners to permit the Sheriff’s Office to enter into contracts with local units of government for the purpose of providing Sheriff patrol services; and WHEREAS Miscellaneous Resolution #09257adopted December 9, 2009, established the standard law enforcement services overtime rates for the period 2010; and WHEREAS the City of Pontiac has requested that the Oakland County Sheriff provide patrol services to the citizens of the City for special events within the City; and WHEREAS the City of Pontiac has requested that a contract for special events on an overtime basis be authorized; and WHEREAS by Miscellaneous Resolution #07259 the Board of Commissioners authorized a contract for these services for 2007 to 2008; and WHEREAS the Sheriff has agreed to contract for this service with the City of Pontiac; and WHEREAS this contract has been through the County Executive review process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached contract with the City of Pontiac for special events on an overtime basis at rates established by this Board. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board to sign the agreement. BE IT FURTHER RESOLVED that this contract will take effect on May 1, 2010. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Commissioners Minutes Continued. April 22, 2010 683 Copy of Contract for Auxiliary Sheriff’s Deputy Services for the City of Pontiac on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #10082 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE – MARINE PATROL SERVICES AGREEMENT IN THE CHARTER TOWNSHIP OF ORION - 2010 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is policy of the Oakland County Board of Commissioners to permit the Sheriff’s Office to enter into contracts with local units of government for the purpose of providing Sheriff patrol services; and WHEREAS the Charter Township of Orion has requested that the Oakland County Sheriff provide marine patrol services to the citizens of the Township for lakes in the Township; and WHEREAS the Charter Township of Orion has requested that a contract for marine patrol be authorized; and WHEREAS the Sheriff has agreed to contract for this service with the Charter Township of Orion; and WHEREAS this contract has been through the County Executive review process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached contract with the Charter Township of Orion for Marine Patrol. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board to sign the agreement. BE IT FURTHER RESOLVED that one (1) GF/GP part-time non-eligible (PTNE) 640 hours/year Marine Safety Deputy I be created in the Sheriff’s Office/Patrol Services/Marine Safety Unit, contingent upon the level of funding associated with this contract. BE IT FURTHER RESOLVED that this contract will take effect on May 1, 2010. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Oakland County sheriff’s Office 2010 Marine Patrol Services Agreement with the Charter Township of Orion Incorporated by Reference. Originals on file in County Clerk’s office. The Chairperson referred the resolution to the Human Resources Committee and the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #10083 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE – MARINE PATROL SERVICES AGREEMENT IN THE TOWNSHIP OF ADDISON - 2010 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is policy of the Oakland County Board of Commissioners to permit the Sheriff’s Office to enter into contracts with local units of government for the purpose of providing Sheriff patrol services; and WHEREAS the Township of Addison has requested that the Oakland County Sheriff provide marine patrol services to the citizens of the Township for lakes in the Township; and WHEREAS the Township of Addison has requested that a contract for marine patrol be authorized; and WHEREAS the Sheriff has agreed to contract for this service with the Township of Addison; and WHEREAS this contract has been through the County Executive review process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached contract with the Township of Addison for Marine Patrol. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board to sign the agreement. BE IT FURTHER RESOLVED that one (1) GF/GP part-time non-eligible (PTNE) 125 hours/year Marine Safety Deputy I be created in the Sheriff’s Office/Patrol Services /Marine Safety Unit, contingent upon the level of funding associated with this contract. Commissioners Minutes Continued. April 22, 2010 684 BE IT FURTHER RESOLVED that this contract will take effect on May 1, 2010. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Oakland County Sheriff’s Office 2010 Marine Patrol Services Agreement with the Township of Addison Incorporated by Reference. Original on file in County Clerk’s office. The Chairperson referred the resolution to the Human Resources Committee and the Finance Committee. There were no objections. 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 May 5, 2010. MISCELLANEOUS RESOLUTION #10084 BY: Commissioner Marcia Gershenson, District 17 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2010 APPROPRIATION – VILLAGE OF BINGHAM FARMS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the discretionary Tri-Party Road Improvement Program to assist Oakland County’s cities, villages and townships (CVTs) with the construction, maintenance and repair of roads located within the boundaries of an Oakland County CVT and under the supervision, direction and control of the Road Commission for Oakland County; and WHEREAS Miscellaneous Resolution #09221 established the revised “Tri-Party Road Improvement Program – Funding and Project Approval Process”; and WHEREAS Miscellaneous Resolution #09221 provides that any discretionary Oakland County appropriation in support of the Tri-Party Road Improvement Program shall be distributed only from the designated General Fund Tri-Party Program fund balance and may be made only after completion of all of the following: 1. The Road Commission for Oakland County (RCOC) and an individual city, village, or township (CVT) have identified a specific project and said project is ready to be undertaken immediately; and 2. The RCOC has appropriated its 1/3 share of the funding for the project and transferred said appropriation to a specific project account; and 3. The CVT has authorized its 1/3 share of the funding for the project and has executed a written contract for payment with the RCOC; and 4. The Commissioner(s) representing the CVT requesting the project submits to the Board of Commissioners Finance Committee a resolution authorizing the appropriation of the County’s 1/3 share of the project from the General Fund Designated Fund Balance for Tri-Party Program. The resolution shall be approved by the Finance Committee and the full Board before any funds may be released from the Tri-Party Program designation account; and WHEREAS the Village of Bingham Farms, along with the Road Commissioner for Oakland County has identified a specific project and said project is ready to be undertaken immediately; and WHEREAS the Road Commission for Oakland County has appropriated its one-third (1/3) share of the funding for the identified project in the Village of Bingham Farms and said appropriation has been transferred to a specific project account; and WHEREAS the Village of Bingham Farms has demonstrated that it has authorized its one-third (1/3) share of the funding for the specified project and has executed a written contract for payment with the Road Commission for Oakland County; and WHEREAS Oakland County’s one-third (1/3) share of the Fiscal Year 2010 authorized amount of Tri- Party Road Improvement funding for the Village of Bingham Farms is $33,063. Commissioners Minutes Continued. April 22, 2010 685 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Village of Bingham Farms as eligible for appropriation and authorizes the release of the specified Tri-Party Road Improvement Program funds from the Oakland County General Fund Designated Fund Balance. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to the Road Commission for Oakland County, Oakland County Fiscal Services and the Village of Bingham Farms. Chairperson, I move the adoption of the foregoing resolution. MARCIA GERSHENSON Copy of Correspondence from Patricia Z. Wierzbicki, Deputy-Secretary/Clerk of the Board, Road Commission for Oakland County, regarding 13 Mile Road Bridge Over the Rouge River; Project No. 48323, Correspondence from Thomas G. Noechel, Programming Supervisor, Road Commission for Oakland County, Regarding Local Cost Participation Agreement, Cost Participation Agreement, and Tri- Party Program 2010 County Supported Road Improvements on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #10085 BY: Commissioners Bradford Jacobsen, Michael Gingell, Sue Ann Douglas, Marcia Gershenson, Shelley Taub IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR REINSTATING AUDETTE CADILLAC INC’S, CADILLAC FRANCHISE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Audette Cadillac, Inc. has been a part of the West Bloomfield Township community since 1975; and WHEREAS in April 2009 Audette Cadillac was notified that its Cadillac franchise would be terminated by General Motors; and WHEREAS the loss of Audette Cadillac will have a serious economic impact of the community at large; and WHEREAS Audette Cadillac employed between 70-75 employees and in 2008 paid $4,898,200 in gross wages; and WHEREAS Audette Cadillac is a significant taxpayer in Oakland County accounting for $1,014,461 in Michigan sales tax collected in 2008, employer paid taxes of $296,288 and property taxes of $136,796 in 2008; and WHREEAS Audette Cadillac paid $1,879,157 to non-General Motors vendors in 2008 and paid $642,000 in property rent; and WHEREAS Audette Cadillac supports the local community, the loss of this important business will be felt by dozens of local charities, schools, and community events; and WHEREAS the Oakland County Board of Commissioners recognizes the important economic impact of its local automobile dealerships and supports and encourages all local businesses. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports the efforts of Audette Cadillac to have its Cadillac franchise reinstated. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward a copy of this adopted resolution to Audette Cadillac, Inc. Chairperson, we move the foregoing resolution. BRADFORD JACOBSEN, MICHAEL GINGELL, SUE ANN DOUGLAS, MARCIA GERSHENSON, JIM RUNESTAD, KIM CAPELLO, JOHN SCOTT, ROBERT GOSSELIN, JEFF POTTER, BILL BULLARD, THOMAS MIDDLETON, SHELLEY TAUB, DAVID POTTS Commissioners Minutes Continued. April 22, 2010 686 The Chairperson referred the resolution to the Planning and Building Committee. There were no objections. MISCELLANEOUS RESOLUTION #10086 BY: Commissioners Jim Nash, Gary McGillivray, David Coulter, David Potts, Bradford Jacobsen IN RE: BOARD OF COMMISSIONERS – RECOGNIZING HISTORIC PRESERVATION MONTH To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS understanding history allows all citizens to better understand who we are as a county and state and the role we have played in our nation’s history; and WHEREAS Oakland County has long considered historic preservation and the understanding of our history an important mission for county government; and WHEREAS the county created the Oakland County Historical Commission in 1977, to interact with the County's many local historical societies, historic preservation organizations and County departments in order to promote interest in Oakland County's rich heritage; and WHEREAS the goals of the Oakland County Historical Commission are to locate, and make research materials available in the County Library, sponsor educational workshops and forums and to celebrate Oakland County's history through events; and WHEREAS the Oakland County Historical Commission has continued its long term mission of educating the public by presenting five Workshops in the last two years, including: “Bringing local history to the classroom” in Royal Oak, “Preserving historic school buildings” in Farmington, “Teaching with local artifacts and documents” in Waterford, “Oakland County's rural roots” in Bloomfield Hills and the latest, “Civil War in Oakland County-sesquicentennial” in Bloomfield Township this month; and WHEREAS Oakland County considers historic preservation an important part of understanding the history of Oakland County, our state and America, while encouraging sustainable economic development. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby declares that May, 2010 will be recognized as Historic Preservation Month in Oakland County. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners applauds the efforts of our local historical societies and preservation organizations, the Oakland County Historical Commission, the Michigan Historic Preservation Network and the Michigan Historical Center in their efforts to preserve our historical heritage and educate our citizens in this important area. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to the Oakland County Historical Commission, for distribution to local groups, the Michigan Historic Preservation Network and the Michigan Historical Center. Chairperson, I move the adoption of the foregoing resolution. JIM NASH, GARY McGILLIVRAY, DAVID COULTER, SHELLEY TAUB, JOHN SCOTT, SUE ANN DOUGLAS, DAVID POTTS, BRADFORD JACOBSEN, BILL BULLARD, STEVEN SCHWARTZ, KIM CAPELLO, THOMAS MIDDLETON, CHRISTINE LONG, MICHAEL GINGELL, TIM BURNS, MARCIA GERSHENSON, HELAINE ZACK The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #10087 BY: Commissioner Jim Runestad, District 6 IN RE: BOARD OF COMMISSIONERS - SUPPORT OF LEGISLATION ADDRESSING STATUTORY MANDATES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners adopted Miscellaneous Resolution #10006, which supported the findings and recommendations in the interim and final reports of the Legislative Commissioners Minutes Continued. April 22, 2010 687 Commission on Statutory Mandates (LCSM) and encouraged the Governor, Legislature and Supreme Court to adopt and enact the recommendations cited in the final report; and WHEREAS the electorate of the State of Michigan passed an amendment in November 1978 to the State’s Constitution that required the State to fund mandates imposed on local units of government (often referred to as the “Headlee Amendment”); and WHEREAS the Headlee Amendment (Article IX, Section 29) states: “The state is hereby prohibited from reducing the state financed proportion of the necessary costs of any existing activity or service required of units of Local Government by state law. A new activity or service or an increase in the level of any activity or service beyond that required by existing law shall not be required by the Legislature or any state agency of units of Local Government, unless a state appropriation is made and disbursed to pay the unit of Local Government for any necessary increased costs. The provision of this section shall not apply to costs incurred pursuant to Article VI, Section 18”; and WHEREAS the Headlee Amendment became effective on December 23, 1978; and WHEREAS the State Legislature established the Legislative Commission on Statutory Mandates (LCSM) through P.A. 98 of 2007, as amended by P.A. 356 of 2008 and assigned the LCSM to identify mandates (including those involving reports) and the related cost of the mandates to local units of government, along with recommendations to resolve the unfunded mandates; and WHEREAS the LCSM worked with the Citizens Research Council (issued an analysis of other state’s statutes and constitutional requirements similar to the Headlee Amendment) and local units of government associations, including: • Michigan Association of Counties. • Michigan Municipal League. • Michigan Township Association. • Michigan School Business Officials and Michigan Association of School Administrators. • Michigan Community College Association. • County Road Association of Michigan; and WHEREAS the LCSM issued a report in June 2009 entitled “Interim Report of the Legislative Commission on Statutory Mandates” that indicated, among other matters, that the State had failed to enact legislation enabling the Headlee Amendment and has not complied with the Headlee Amendment since its adoption in 1978; and WHEREAS the LCSM has completed its report in December 2009 entitled “Final Report of the Legislative Commission on Statutory Mandates” that reaffirms the Interim Report results and provides recommendations, including but not limited to: • Drafted legislation and court rules that would mitigate unfunded mandates imposed on local units of government in the future. • Proposed procedures that will prevent new unfunded mandates from being imposed on local units of government. • Proposed procedures that would be corrective should unfunded mandates be imposed that include, among other requirements: o A submission of an action before the Court of Appeals to be heard by a special master in order to rule on whether the matter is a mandate and if the mandate is underfunded. o Require the Court of Appeals to rule on the above within six months of the filing. o Should the Court of Appeals not rule on the above within six months, the local unit of government would have no obligation to continue to provide the services until such time as the State complies with the Headlee Amendment; and WHEREAS the Michigan Association of Counties adopted a resolution of support for the recommendations contained in the final LCSM report in December 2009. WHEREAS legislation has been introduced to address the impact of legislation on local units of government, including HB 5766, and HB 5797 – HB 5802. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports the findings and recommendations in the interim and final reports of the Legislative Commission on Statutory Mandates and encourages the Governor, Legislature and Supreme Court to adopt and enact the recommendations cited in the final Legislative Commission on Statutory Mandates report. Commissioners Minutes Continued. April 22, 2010 688 BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners supports legislation that that has been introduced to address the impact of legislation on local units of government, including HB 5766, and HB 5797 – HB 5802. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves the release of this resolution and requests the Oakland County Clerk to distribute copies of the adopted resolution to the Governor, Legislators, Supreme Court and local units of government legislative boards and executives located within Oakland County. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. JIM RUNESTAD, MICHAEL GINGELL, SHELLEY TAUB, CHRISTINE LONG, SUE ANN DOUGLAS, JOHN SCOTT, DAVID POTTS, JEFF POTTER, ROBERT GOSSELIN, BILL BULLARD, STEVEN SCHWARTZ, THOMAS MIDDLETON, BRADFORD JACOBSEN, DAVE WOODWARD, MATTIE HATCHETT, ERIC COLEMAN The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #10088 BY: Commissioners Janet Jackson, Eric Coleman, Shelley Taub, Jim Nash IN RE: BOARD OF COMMISSIONERS – NATIONAL LAB DAY IN OAKLAND COUNTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS science and engineering hold the key to economic growth and to solving the challenges facing our country and our region, as demonstrated by the ongoing success of Oakland County’s Emerging Sector’s initiative; and WHEREAS a coalition of educators, science and engineering associations, philanthropies and other organizations announced the launch of National Lab Day, a new grassroots initiative designed to reinvigorate science and math education in the nation’s schools and after-school programs and lead to increased U.S. competitiveness; and WHEREAS National Lab Day aims to inspire a wave of future innovators and foster U.S. competitiveness by improving the quality of STEM (science, technology, engineering and math) education in America; and WHEREAS the National Lab initiative promotes opportunities for researchers to share their passion for knowledge with a new generation, serving as direct resources for educators in developing and delivering high-impact lessons and lab experiences; and WHEREAS National Lab Day, as a collaboration between government and more than 200 public and private-sector organizations, will connect volunteer science and technology professionals and educators with students in grades 6-12 in hands-on learning experiences and improve America’s science labs by offering inquiry-based STEM experiences in classrooms, learning labs, and after-school programs; and WHEREAS nationally and locally, business, government and the educational field have joined together to enhance and leverage U.S. leadership in information technology; and WHEREAS a website was established (www.NationalLabDay.org) in an effort to invite volunteer science and technology professionals, as well as educators and others to sign up to participate. The website also provides resources and ideas for hands-on learning experiments. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby declares that the first week of May, 2010, will be recognized as National Lab Day in Oakland County. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners applauds this collaborative effort of volunteers, private industry, public sector, foundations and learning institutions that are participating in advancing math and science education. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to Jack Hidary, Chairman of National Law Day, the Oakland Intermediate School District, the Michigan Association of Counties and the National Association of Counties. Chairperson, we move the adoption of the foregoing resolution. Commissioners Minutes Continued. April 22, 2010 689 JANET JACKSON, ERIC COLEMAN, SHELLEY TAUB, JIM NASH, TIM BURNS, TIM GREIMEL, DAVID WOODWARD, DAVID COULTER, GARY McGILLIVRAY, HELAINE ZACK, MARCIA GERSHENSON, MATTIE HATCHETT, BILL BULLARD, JEFF POTTER, MICHAEL GINGELL, CHRISTINE LONG, SUE ANN DOUGLAS, STEVEN SCHWARTZ, DAVID POTTS, KIM CAPELLO, BRADFORD JACOBSEN The Chairperson referred the resolution to the General Government Committee. There were no objections. Moved by Douglas supported by Gosselin a copy of the Urban Recreation Initiative Presentation Handout – 4/22/10, OCParks Express and Urban Recreation be filed with the County Clerk for the record. A sufficient majority having voted in favor, the handouts were received and filed. Commissioner Gosselin addressed the Board. The Board adjourned at 12:38 p.m. to the call of the Chair or May 5, 2010, at 7:00 p.m. RUTH JOHNSON BILL BULLARD, JR. Clerk Chairperson