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HomeMy WebLinkAboutMinutes - 2010.07.07 - 7088822 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES July 7, 2010 Meeting called to order by Chairperson Bill Bullard, Jr. at 7:00 p.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Bullard, Burns, Capello, Coleman, Coulter, Douglas, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack. (22) EXCUSED ABSENCE WITH NOTICE: Gershenson, Nash. (2) Quorum present. Invocation given by Eric Coleman. Pledge of Allegiance to the Flag. Moved by Greimel supported by Douglas to amend the minutes of the June 9, 2010 Board of Commissioners meeting by striking the word “Hills” from Miscellaneous Resolution #10142 – Board of Commissioners-Tri-Party Road Improvement Program Fiscal Year 2010 Appropriation – City of Rochester Project #50421. A sufficient majority having voted in favor, the minutes, as amended, were approved. Moved by Jacobsen supported by Coulter the agenda be amended, as follows: ITEMS NOT ON BOARD AGENDA PLANNING & BUILDING COMMITTEE f. Building Authority – Resolution Approving Form of Sublease Between the County of Oakland as Lessor and the City of Keego Harbor as Lessee Regarding the City of Keego Harbor City Hall and DPW Building Located in the City of Keego Harbor, Oakland County, Michigan (Reason for Suspension of Planning & Building Committee, item f.: Waiver of Rule III. Resolution was taken up by the Planning & Building Committee immediately prior to today’s Board Meeting.) Also, move Public Services Committee, item a. Department of Public Services/Community Corrections – Michigan Department of Corrections, Office of Community Corrections, Community Corrections Comprehensive Plan and Applications for FY 2011 from the Consent Agenda to the Regular Agenda. Vote on Agenda, as amended: AYES: Bullard, Burns, Capello, Coleman, Coulter, Douglas, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack. (22) NAYS: None. (0) A sufficient majority having voted in favor, the agenda, as amended, was approved. Commissioners Minutes Continued. July 7, 2010 823 Commissioner Jim Runestad, along with the entire Board of Commissioners, presented a proclamation honoring Meryl Davis for her exceptional talent and outstanding performances that has garnered silver medals at the 2010 Vancouver Olympics and the 2010 World Figure Skating Championships in Italy. Meryl Davis addressed the Board. Commissioner Jim Runestad presented a proclamation honoring Charlie White for his exceptional talent and outstanding performances that has garnered silver medals at the 2010 Vancouver Olympics and the 2010 World Figure Skating Championships in Italy. Tom Skrobola, CFO, Kalamazoo, presented a GFOA Distinguished Budget Award Fiscal Years 2010 – 2012 to Oakland County. Chairperson Bill Bullard, Jr., Commissioner Tom Middleton and County Executive L. Brooks Patterson accepted the award. County Executive L. Brooks Patterson addressed the Board. Chairperson Bill Bullard, Jr. and County Executive L. Brooks Patterson presented a proclamation honoring Laurie VanPelt, Director of Management & Budget, for her dedication, insight, analytical skills, commitment and contribution to Oakland County. Laurie VanPelt introduced her family, accepted the award and addressed the Board. County Executive, L. Brooks Patterson, and Tim Soave, Manager, Fiscal Service, presented the FY 2011- 2013 County Executive’s Budget Recommendations. Laurie VanPelt, Director of Management & Budget, addressed the Board. County Treasurer, Andy Meisner, Alice Benbow and Dave Walberry addressed the Board during public comment. Moved by Middleton supported by Coleman the resolutions (with fiscal notes attached) on the Consent Agenda be adopted. The vote for this motion appears on page 832. The resolutions on the Consent Agenda follow (annotated by an asterisk {*}): *MISCELLANEOUS RESOLUTION #10142 BY: Commissioner Sue Ann Douglas, District 12 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2010 APPROPRIATION – CITY OF ROCHESTER PROJECT #50421 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, as amended by Miscellaneous Resolution #10045, 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 Commissioners Minutes Continued. July 7, 2010 824 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 City of Rochester, 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 City of Rochester and said appropriation has been transferred to a specific project account; and WHEREAS the City of Rochester 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 City of Rochester is $65,420. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the City of Rochester 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 City of Rochester. Chairperson, I move the adoption of the foregoing resolution. SUE ANN DOUGLAS Copy of Communication from Patricia Z. Wierzbicki, Deputy-Secretary/Clerk of the Board of the Road Commission for Oakland County and Cost Participation Agreement on file in County Clerk’s office. FISCAL NOTE (MISC. #10142) BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2010 APPROPRIATION – CITY OF ROCHESTER PROJECT NO. 50421 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. On December 9, 2009 the Board of Commissioners approved Miscellaneous Resolution #09290 which designated $1,000,000 in fund balance for the 2010 Tri-Party program for projects managed by the Road Commission for Oakland County (RCOC). 2. Unused Tri-Party funding of $3,813,455 accumulated from Oakland County appropriations from FY 2009 and prior was returned from RCOC and is designated in the County General Fund (account #371509). 3. Funding of $60,669 is available in the General Fund Designated Fund Balance for Tri Party 2009 and prior funding (account #371509) for the project 50351 preservation overlay on Parkdale Road from west of Letica Drive to Dequindre Road. 4. Funding of $4,751 is available in the General Fund Designated Fund Balance for Tri Party 2010 funding (account #371510) for the balance of the above mentioned project. 5. The FY 2010 budget be amended as follows: GENERAL FUND #10100 Revenue FY 2010 10100-9010101-196030-665882 Planned Use of Fund Balance $65,420 Total Revenues $65,420 Expenditures 10100-9010101-153010-740135 Tri Party $65,420 Total Expenditures $65,420 FINANCE COMMITTEE (The vote for this motion appears on page 832.) Commissioners Minutes Continued. July 7, 2010 825 *MISCELLANEOUS RESOLUTION #10145 BY: Commissioners Steven H. Schwartz, District 14; Jim Nash, District 15 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2010 APPROPRIATION – CITY OF FARMINGTON HILLS PROJECT NO. 50451 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, as amended by Miscellaneous Resolution #10045, 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 City of Farmington Hills, 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 City of Farmington Hills and said appropriation has been transferred to a specific project account; and WHEREAS the City of Farmington Hills 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 City of Farmington Hills is $ 25,000. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the City of Farmington Hills 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 City of Farmington Hills. Chairperson, we move the adoption of the foregoing resolution. STEVEN SCHWARTZ, JIM NASH Copy of Correspondence from Patricia Z. Wierzbicki, Deputy-Secretary/Clerk of the Board, Road Commission for Oakland County and Cost Participation Agreement on file in County Clerk’s office. Commissioners Minutes Continued. July 7, 2010 826 FISCAL NOTE (MISC. #10145) BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2010 APPROPRIATION – CITY OF FARMINGTON HILLS PROJECT NO. 50451 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. Unused Tri-Party funding of $3,813,455 accumulated from Oakland County appropriations from FY 2009 and prior was returned from RCOC and is designated in the County General Fund (account #371509). 2. Funding of $25,000 is available in the General Fund Designated Fund Balance for Tri Party 2009 and prior funding (account #371509) for the project 50451 construction of acceleration and deceleration lanes on 10 Mile Road at Briarhill Drive. 3. The FY 2010 budget be amended as follows: GENERAL FUND #10100 Revenue FY 2010 10100-9010101-196030-665882 Planned Use of Fund Balance $25,000 Total Revenues $25,000 Expenditures 10100-9010101-153010-740135 Tri Party $25,000 Total Expenditures $25,000 FINANCE COMMITTEE (The vote for this motion appears on page 832.) *MISCELLANEOUS RESOLUTION #10154 BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET/EQUALIZATION DIVISION – APPROVAL OF CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH THE CITY OF BIRMINGHAM. To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Equalization Division provides a number of services to local units of government including original assessments, reappraisals, and file maintenance; and WHEREAS these services are provided under contract with the local units as approved by the Board of Commissioners; and WHEREAS revenues and expenditures associated with the services for this contract are included in the FY 2010 Budget and the FY 2011-2013 County Executive Recommended Budget; therefore, no budget amendment is recommended. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves entering into the attached Contract for Oakland County Equalization Division Assistance Services covering the term July 1, 2010 through June 30, 2013 with the City of Birmingham which has been signed by its authorized signatories. BE IT FURTHER RESOLVED that the Board of Commissioners’ Chairperson is authorized to sign this contract. BE IT FURTHER RESOLVED that the Oakland County Clerk shall receive and file the executed contract with the concerned unit of government as required by law. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Contract for Oakland County Equalization Division Assistance Services with the City of Birmingham Incorporated by Reference. Original on file in County Clerk's office. (The vote for this motion appears on page 832.) Commissioners Minutes Continued. July 7, 2010 827 *MISCELLANEOUS RESOLUTION #10155 BY: Finance Committee, Tom Middleton, Chairperson IN RE: FACILITIES MANAGEMENT – AUTHORIZATION AND FUNDING REQUEST FOR ELECTRICAL UPGRADES TO COUNTY BUILDINGS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Facilities Management operates an on-going program for maintenance, upgrading, and replacement of aging and obsolete electrical switchgear, power distribution panels, emergency lighting, lighting systems, motor control centers, and fire alarm systems in County buildings; and WHEREAS electrical upgrades are of critical importance to reduce the possibility of unplanned power outages, interruption of County services, and closure of buildings, as well as to ensure the ongoing safety of County employees and visitors to County buildings; and WHEREAS Facilities Management is requesting authorization for $300,000 to complete this project; and WHEREAS work will be performed through a combination of existing service contracts, in-house staff, ad other contracts bid through the Purchasing Division; and WHEREAS the FY 2010 Capital Improvement Program identifies the Electrical Upgrades to County Buildings Project in the amount of $300,000 as the funding source for the project; and WHEREAS funding in the amount of $300,000 is available for transfer from the FY 2010 Capital Improvement Program/Building Fund (#40100) to the Project Work Order Fund (#40400) for the Electrical Upgrades to County Buildings Project. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the Electrical Upgrades to County Buildings Project in the amount of $300,000. BE IT FURTHER RESOLVED that the Board of Commissioners authorizes transfer of funding in the amount of $300,000 from the Capital Improvement Program/Building Fund (#40100) to the Project Work Order Fund (#40400) for the Electrical Upgrades to County Buildings Project (Project #100000001390) as detailed below: BUILDING IMPROVEMENT FUND #40100 1040101-148020-788001-40400 Transfer out $300,000 PROJECT WORK ORDER FUND #40400 1040101-148020-695500-40100 Transfer in $300,000 $ -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 832.) *MISCELLANEOUS RESOLUTION #10156 BY: Planning and Building Committee, John Scott, Chairperson IN RE: DEPARTMENT OF CENTRAL SERVICES – OAKLAND/SOUTHWEST AIRPORT – 2010 GRANT PROGRAM ACCEPTANCE – CONDUCT AN ENVIRONMENTAL ASSESSMENT AND PERFORM PRELIMINARY ENGINEERING SERVICES FOR RUNWAY SAFETY AREA AND APPROACH IMPROVEMENTS ON RUNWAY 8/26 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. 2010-0315, Federal Project No. B-26-0152-1108, for Federal funds in the amount of $89,300, and State funds in the amount of $2,350, for the development and improvement of Oakland/Southwest Airport; and WHEREAS the project consists of conducting an environmental assessment and the performance of preliminary engineering services for runway safety area and approach improvements on runway 8/26 at Oakland/Southwest 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 $2,350, which is available from the airport fund; and Commissioners Minutes Continued. July 7, 2010 828 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 $94,000, which includes a local grant match of $2,350, 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 Michigan Department of Transportation County of Oakland Contract for a Federal/State/Local Airport Project Under the Block Grant Program Incorporated by Reference. Original on file in County Clerk’s Office. Copy of Grant Review Sign Off – Central Services/Aviation on file in County Clerk’s office. FISCAL NOTE (MISC. #10156) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF CENTRAL SERVICES – OAKLAND/SOUTHWEST AIRPORT – 2010 GRANT PROGRAM ACCEPTANCE – CONDUCT AN ENVIRONMENTAL ASSESSMENT AND PERFORM PRELIMINARY ENGINEERING SERVICES FOR RUNWAY SAFETY AREA AND APPROACH IMPROVEMENTS ON RUNWAY 8/26 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 Michigan Department of Transportation Grant Contract No. 2010- 0315, Federal Project No. B-26-0152-1108, for Federal Funds in the amount of $89,300, State funds in the amount of $2,350, and a required local match of 2,350 for the development and improvement of Oakland/Southwest Airport. 2. The project consists of conducting an environmental assessment and performing preliminary engineering services for runway safety at the Oakland Southwest airport. 3. The Airport Committee has reviewed the project and recommends acceptance of the grant contract. 4. Target date for project completion is 36 months from the date of the award. 5. The total cost of the project is $94,000 with $89,300 of the cost from Federal funds, $2,350 of the cost from State funds, and $2,350 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 832.) *MISCELLANEOUS RESOLUTION #10157 BY: Planning and Building Committee, John Scott, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS/ARTS, CULTURE & FILM – FY 2010 REGIONAL REGRANTING ADMINISTRATIVE SERVICES PROGRAM GRANT ACCEPTANCE - MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Commissioners Minutes Continued. July 7, 2010 829 WHEREAS the Michigan Council for Arts and Cultural Affairs has awarded Oakland County $6,200 for administrative services relating to its Regional Re-granting Services Program for Fiscal Year 2010; and WHEREAS the Regional Re-granting/Mini-grant Program provides funding for locally developed, high quality arts projects to address local arts needs and increase public access to the arts; and WHEREAS the FY 2010 Regional Re-granting Services Program grant award for administrative services is $3,400 less than the FY 2009 award and the amount anticipated in the FY 2010 Budget; and WHEREAS Local In-Kind Match in the amount of $6,200 is required for the grant award, as determined on a dollar-for-dollar basis; and WHEREAS the acceptance of this grant award does not obligate the County to any future commitment. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the Fiscal Year 2010 Regional Re-granting Administrative Services Program Grant Agreement with the Michigan Council for Arts and Cultural Affairs in the amount of $6,200. BE IT FURTHER RESOLVED that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached. BE IT FURTHER RESOLVED that continuation of this program in future years is contingent upon the availability of grant funding. 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 – Arts, Culture and Film on file in County Clerk’s office. FISCAL NOTE (MISC. #10157) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS/ARTS, CULTURE & FILM – FY 2010 REGIONAL REGRANTING ADMINISTRATIVE SERVICES PROGRAM GRANT ACCEPTANCE - MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS 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 Council for Arts and Cultural Affairs has awarded Oakland County $6,200 for administrative services relating to its Regional Re-granting Services Program for Fiscal Year 2010. 2. The FY 2010 grant award is $3,400 less than both the FY 2009 grant award and the amount anticipated in the FY 2010 Budget. 3. The funding period for the grant is January 19, 2010 through September 30, 2010. 4. Local In-Kind Match in the amount of $6,200 consisting of salary costs is required on a dollar-for- dollar basis and is available in the FY 2010 Economic Development & Community Affairs/Arts, Culture & Film General Fund Budget. 5. The FY 2010 – 2012 Special Revenue Budget is to be amended as follows: ARTS CULTURE & FILM FUND (#29210) Revenue 1090108-166000-631764 Re-granting Operational Support ($3,400) Expenditure 1090108-166000-731241 Miscellaneous ($3,400) $ -0- FINANCE COMMITTEE (The vote for this motion appears on page 832.) Commissioners Minutes Continued. July 7, 2010 830 *MISCELLANEOUS RESOLUTION #10158 BY: Planning and Building Committee, John Scott, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS/ARTS, CULTURE & FILM – FY 2010 REGIONAL REGRANTING SERVICES PROGRAM GRANT ACCEPTANCE – MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Council for Arts and Cultural Affairs has awarded Oakland County $19,200 for its Regional Re-granting Services Program for Fiscal Year 2010; and WHEREAS the Regional Re-granting/Mini-grant Program provides funding for locally developed, high quality arts projects to address local arts needs and increase public access to the arts; and WHEREAS the FY 2010 Regional Re-granting Services Program grant award is $10,900 less than the FY 2009 award and the amount anticipated in the FY 2010 Budget; and WHEREAS no County Match is required for the grant award; and WHEREAS acceptance of this grant award does not obligate the County to any future commitment. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the Fiscal Year 2010 Regional Re-granting Services Program Grant Agreement with the Michigan Council for Arts and Cultural Affairs in the amount of $19,200. BE IT FURTHER RESOLVED that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement. BE IT FURTHER RESOLVED that continuation of this program in future years is contingent upon the availability of grant funding. 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 – Arts, Culture and Film and Grant Agreement for Arts Services on file in County Clerk’s office. FISCAL NOTE (MISC. #10158) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS/ARTS, CULTURE & FILM – FY 2010 REGIONAL REGRANTING SERVICES PROGRAM GRANT ACCEPTANCE - MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS 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 Council for Arts and Cultural Affairs has awarded Oakland County $19,200 for its Regional Re-granting Services Program for FY 2010. 2. The FY 2010 grant award is $10,900 less than the FY 2009 grant award and the amount anticipated in the FY 2010 Budget. 3. The funding period is January 19, 2010 through September 30, 2010. 4. No County Match is required for the Regional Re-granting Services Program. 5. The FY 2010 - 2012 Special Revenue Budget is to be amended as follows: ARTS CULTURE & FILM (#29210) Revenue 1090108-166000-615255 Art Council ($10,900) Expenditure 1090108-166000-731598 Re-granting Program ($10,900) $ -0- FINANCE COMMITTEE (The vote for this motion appears on page 832.) Commissioners Minutes Continued. July 7, 2010 831 *MISCELLANEOUS RESOLUTION #10159 BY: Planning and Building Committee, John Scott, Chairperson IN RE: PARKS AND RECREATION COMMISSION – NO CHILD LEFT INSIDE ACT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Parks and Recreation Commission’s mission is dedicated to providing quality recreation experiences that encourage healthy lifestyles, support economic prosperity, and promote the protection of natural resources; and WHEREAS parks, recreational activities, and leisure experiences provide opportunities for young people to live, grow, and develop into contributing members of the society; and WHEREAS concerns exist about youth inactivity and related health issues as many youth favor the use of electronic media, which may lead to sedentary lifestyles and result in future generations with greater health risks; and WHEREAS research has proven that children who are physically active in the outdoors lower their risks associated with obesity and other health issues; and WHEREAS research shows a growing disconnect between children and nature, producing a younger generation lacking an understanding of the importance of clean air, water and natural resources stewardship; and WHEREAS the Oakland County Parks and Recreation Commission provides outlets for physical activity at more than 6,500 acres of parkland offering trails, camps, nature centers, open space and programming, thus nurturing children's health and wellbeing through exposure to the outdoors; and WHEREAS the Oakland County Parks and Recreation Commission helps build strong minds and bodies through physical activity in the outdoors in the pursuit of lifelong recreational activities for all members of our community. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports the NO CHILD LEFT INSIDE ACT, which encourages participation in and supports efforts that promote outdoor activities for children to foster healthy, active lifestyles and to reconnect with nature. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs its Chairperson or designee to adopt this resolution in support of the NO CHILD LEFT INSIDE ACT. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE (The vote for this motion appears on page 832.) *MISCELLANEOUS RESOLUTION #10160 BY: Public Services Committee, Jim Runestad, Vice Chairperson IN RE: MULTIDEPARTMENTAL: SHERIFF'S OFFICE, CIRCUIT COURT AND CHILDREN’S VILLAGE 2010 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM INTERGOVERNMENTAL AGREEMENT AND GRANT APPLICATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Sheriff’s Office, Circuit Court and Children’s Village, along with the City of Pontiac and City of Southfield, have been allocated $281,129 and have prepared an application to the U.S. Department of Justice, Office of Justice Programs for funding under the 2010 Edward Byrne Memorial Justice Assistance (JAG) Program for the period of October 1, 2009 through September 30, 2013; and WHEREAS a joint application between Oakland County, City of Pontiac and City of Southfield is required; and WHEREAS the funding is based on Federal allocation and is distributed as follows: Oakland County $46,644; City of Pontiac $145,732 and City of Southfield $88,753. There is no grant match requirement; and WHEREAS the grant application requires the adoption of an intergovernmental agreement between Oakland County and the local units of government; and WHEREAS an agreement has been drafted (as attached) by Oakland County Corporation Counsel and signed by the local jurisdictions; and Commissioners Minutes Continued. July 7, 2010 832 WHEREAS State statute (MCL 45.556P) states that the Board of Commissioners has the authority to enter into agreements with other governmental or quasi-governmental entities; and WHEREAS Oakland County has been elected to serve as fiduciary and lead agency for the entire award. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached intergovernmental agreement with the local units of government listed above and in Appendix A of the agreement and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement. BE IT FURTHER RESOLVED that one original intergovernmental agreement be filed with the Michigan Department of State, Office of the Great Seal. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Grant Review Sign Off – Sheriff’s Office, Circuit Court and Children’s Village on file in County Clerk’s office. Intergovernmental Agreement between and among the County of Oakland and Various Cities, Villages and Townships for Application for Federal Bureau of Justice Assistance Edward Byrne Memorial Justice Assistance Grant Program Funds Incorporated by Reference. Original on file in County Clerk’s Office. FISCAL NOTE (MISC. #10160) BY: Finance Committee, Tom Middleton, Chairperson IN RE: MULTIDEPARTMENTAL: SHERIFF'S OFFICE, CIRCUIT COURT AND CHILDREN’S VILLAGE – 2010 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM - INTERGOVERNMENTAL AGREEMENT AND GRANT APPLICATION 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, along with the City of Pontiac and City of Southfield, has been allocated $281,129 and has applied to the U.S. Department of Justice, Office of Justice Programs for funding under the 2010 Edward Byrne Memorial Justice Assistance Grant (JAG) Program. 2. The grant funding period is October 1, 2009 through September 30, 2013. 3. The grant application requires the adoption of an intergovernmental agreement between Oakland County and the local units of government applying for this grant. 4. The State statute (MCL 45.556P) states that the Board of Commissioners has the authority to enter into agreements with other governmental or quasi-governmental entities. 5. An intergovernmental agreement between Oakland County, City of Pontiac and the City of Southfield is included as part of the application packet. 6. The funding is based on Federal allocation and is distributed as follows: Oakland County $46,644 (Sheriff $29,784, Circuit Court $4,860, Children’s Village $12,000), City of Pontiac $145,732 and City of Southfield $88,753. 7. There is no grant match requirement. 8. Oakland County has been elected to serve as fiduciary and lead agency for the entire award. 9. Total funding of $281,129 will be given to Oakland County to acquire equipment for the County departments and City of Southfield. The City of Pontiac is planning to acquire personnel as detailed in the narrative and budget portions of the application. All equipment purchased with the grant funds will be delivered to the individual requesting party. 10. Title to the equipment, unless otherwise required by the conditions of the grant, will transfer to the requesting party upon delivery. FINANCE COMMITTEE Vote on Consent Agenda: AYES: Burns, Capello, Coleman, Coulter, Douglas, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard. (22) NAYS: None. (0) Commissioners Minutes Continued. July 7, 2010 833 A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted. MISCELLANEOUS RESOLUTION #10143 BY: Sue Ann Douglas, District #12, Shelley Taub, District #16, John Scott, District #5, Tim Burns, District #19 IN RE: INFORMATION TECHNOLOGY - POLICY ON ELECTRONIC EQUIPMENT HARD DRIVES TO PROTECT AGAINST IDENTITY THEFT To the Oakland County Board of Commissioners Chairperson, Ladies, and Gentlemen: WHEREAS copy machines, certain printers and fax machines now contain hard drives that store all data scanned by the machine; and WHEREAS many owners of these machines are unaware that every document is being stored by the machine and are not instructed on how to remove the data; and WHEREAS unknowing owners of these machines return them after the lease has expired or sell machines that they own with the copied data still intact; and WHEREAS identity theft is a crime that continues to grow in the United States and costs our economy billions of dollars each year; and WHEREAS it is important for government, businesses and individuals to be aware that some of the equipment that they use is storing sensitive data for no good reason and that data will leave with the equipment if the hard drive is not ‘scrubbed’; and WHEREAS it is important for both government and the business community to have a policy to ensures that no data will leave their site with the equipment. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners adopts the Information Technology Policy on Electronic Equipment Hard Drives to Protect Against Identity Theft and recommends that other government entities and businesses take similar steps to protect the general public. BE IT FURTHER RESOLVED that copies of this resolution and policy be sent to all local governmental entities in Oakland County, to our legislative contingent in Lansing and to the Michigan Attorney General. Chairperson, we move adoption of the foregoing resolution. SUE ANN DOUGLAS, SHELLEY TAUB, JOHN SCOTT, BILL BULLARD, BRADFORD JACOBSEN, TOM MIDDLETON, JIM RUNESTAD, TIM BURNS, MICHAEL GINGELL, DAVID COULTER, ROBERT GOSSELIN, DAVID WOODWARD, TIM GREIMEL, JEFF POTTER, HELAINE ZACK, DAVID POTTS Copy of Memo regarding the Hard Drive Data Protection Policy on file in County Clerk’s office. FISCAL NOTE (MISC. #10143) BY: Finance Committee, Thomas Middleton, Chairperson IN RE: INFORMATION TECHNOLOGY – POLICY ON ELECTRONIC EQUIPMENT HARD DRIVES TO PROTECT AGAINST IDENTITY THEFT 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 Department of Information Technology has established a policy on Electronic Equipment Hard Drives to Protect Against Identity Theft and recommends the policy be adopted by the Board of Commissioners. 2. Copies of the resolution and policy will be distributed to all local governmental entities within Oakland County, and it is recommended that each government entity and business take similar steps to protect the general public. 3. There are no fiscal implications with the adoption of this policy; therefore, no budget amendment is recommended. Commissioners Minutes Continued. July 7, 2010 834 FINANCE COMMITTEE Moved by Middleton supported by Douglas the resolution (with fiscal note attached) be adopted. AYES: Capello, Coleman, Coulter, Douglas, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns. (22) NAYS: None. (0) A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted. Commissioner Long stated there were no items to report on the Regular Agenda for the General Government Committee. Commissioner Douglas stated there were no items to report on the Regular Agenda for the Human Resources Committee. MISCELLANEOUS RESOLUTION #10161 BY: Planning and Building Committee, John Scott, Chairperson IN RE: THE DEPARTMENTS OF FACILITIES MANAGEMENT AND AVIATION – REQUEST TO CONVEY PROPERTY AND GRANT A STORM WATER AND SURFACE DRAINAGE EASEMENT TO THE CHARTER TOWNSHIP OF LYON, OAKLAND SOUTHWEST AIRPORT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is the owner of the Oakland Southwest Airport located in Lyon Township; and WHEREAS the Charter Township of Lyon is in the process of acquiring rights of way and constructing a new Ring Road, which will extend from Pontiac Trail to Milford Road. The route of the new Ring Road as proposed will be constructed over part of the Oakland Southwest Airport property. All construction costs related to the project will be bourn by the township; and WHEREAS the Oakland County Airport Committee has received a request from the Charter Township of Lyon to convey all of parcel 21-04-451-010 and part of parcel 21-04-451-008 to the township. The Charter Township of Lyon has also requested that the County of Oakland grant an easement for storm water and surface drainage to the township over part of parcel 21-04-451-008; and WHEREAS the Oakland County Committee Aviation staff and the Lyon Township Consulting Engineer have agreed upon a route for the said improvements that are satisfactory to all parties; and WHEREAS the Oakland County Airport Committee approved the conveyance of the property and granting of the subject easement on July 30, 2009; and WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the conveyance of property and the granting of the easement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes and approves the sale of all of parcel 21-04-451-010 and part of parcel 21-04-451-008 and the granting of a storm water and surface drainage easement to the Charter Township of Lyon for the sum of one hundred ten thousand five hundred sixty-two dollars and fifteen cents ($110,562.15). BE IT FURTHER RESOLVED that the consideration of $110,562.15 be deposited into the Airport Fund, which was the source of the local grant match for the original purchase of the property. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or designee to execute the attached deeds and easement document and all other related documents which may be required. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Request to Convey Property and Grant a Storm Water and Surface Drainage Easement to the Charter Township of Lyon Oakland Southwest Airport Parcel No. 21-04-451-010 and 21-04-451-008 on file in County Clerk’s office. Commissioners Minutes Continued. July 7, 2010 835 The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #10162 BY: Planning and Building Committee, John Scott, Chairperson IN RE: BUILDING AUTHORITY - RESOLUTION APPROVING FORM OF SUBLEASE BETWEEN THE COUNTY OF OAKLAND AS LESSOR AND THE CITY OF KEEGO HARBOR AS LESSEE REGARDING THE CITY OF KEEGO HARBOR CITY HALL AND DPW BUILDING LOCATED IN THE CITY OF KEEGO HARBOR, OAKLAND COUNTY, MICHIGAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS there has been prepared and attached hereto as APPENDIX A, a form of sublease (the “sublease”) between the County of Oakland (the “County”) and the City of Keego Harbor (the “City”) whereby the City will sublease certain real estate described therein from the County for up to thirty-one (31) years; and WHEREAS the Sublease cannot be completed and executed until the bonds are sold; and WHEREAS the lease agreement between Oakland County and the Building Authority has now been modified for two minor matters beyond those originally approved by the Board of Commissioners in connection with the issuance of the notice of intent (MR #10139). NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland, Michigan, as follows: 1. The Sublease, in the form attached hereto as APPENDIX A, is hereby approved. 2. The blanks therein continued in Appendix B and C of the Sublease shall be completed by the Chairperson of the Board of Commissioners of the County after the bonds are sold which will include inserting the debt retirement schedule for the bonds. 3. The Chairperson of the Board of Commissioners of the County and the County Clerk are hereby authorized to execute and deliver the Sublease once the blanks therein have been completed. 4. All resolutions and parts of resolutions, insofar as they conflict with the foregoing resolution, are hereby rescinded. BE IT FURTHER RESOLVED that the lease agreement between Oakland County and the Building Authority be modified for the following matters: 1. The legal description has been changed from “.W est ¼ of Section 1” to “Northwest ¼ of Section 1..” 2. Paragraph 2 of the lease agreement presently reads “the County shall transfer title to the Project to the Authority.”; such change now reads “.the County shall cause the title to the Project be transferred to the Authority.” Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE SUBLEASE THIS SUBLEASE ("Sublease") made as of July 1, 2010 by and between the COUNTY OF OAKLAND (the “County”), a State of Michigan Constitutional and Municipal Corporation and the CITY OF KEEGO HARBOR (the “City”), a municipal corporation located in the County of Oakland, State of Michigan organized and existing under the Home Rule City Act. W I T N E S S E T H: WHEREAS the Oakland County Building Authority (the "Authority") has been incorporated by the County for the purpose of acquiring, furnishing, equipping, owning, improving, enlarging, operating and maintaining a building or buildings, automobile parking lots or structures, recreational facilities and stadiums, and the necessary site or sites therefore, for the use of the County; and WHEREAS the County desires to undertake a project consisting of the acquisition of the Project as more fully described in APPENDIX A to this Sublease (the "Project"), and it is proposed that the Authority undertake the Project as more fully described in a certain Full Faith and Credit General Obligation Lease Contract (the "County Lease") pursuant to which the Project is being acquired by the Authority for the County; and Commissioners Minutes Continued. July 7, 2010 836 WHEREAS once the Authority has acquired the Project the County wishes to sublease part of it to the City pursuant to the terms of this Sublease; and WHEREAS the County and City agree that the Project may be used for homeland security events as set forth in Appendix C. THEREFORE, IN CONSIDERATION OF THE MUTUAL UNDERTAKINGS AND AGREEMENTS SET FORTH BELOW, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES TO THIS SUBLEASE AS FOLLOWS: 1. Authorization and Issuance of Bonds. The County intends to cause the Authority to issue its building authority bonds in the aggregate principal amount of not to exceed $1,120,000 (the "Bonds") for the purpose of defraying part or all of the cost of the Project. The Bonds are to be dated August 1, 2010 or the first day of any later month in 2010 or 2011 and bear interest at a rate that will result in a net interest cost of not to exceed 8% per annum. Interest shall be payable semi-annually on and shall begin as specified in the Bond Resolution until maturity of the Bonds and shall mature in accordance with the Debt Retirement Schedule set forth on APPENDIX B to this Sublease. Each date on which any payment of principal of and/or interest on any Bond is due is referred to herein as a "Bond Payment Date." The Bonds may be payable on the first day of a different month if necessary to match rental income paid to the County. The County and the City recognize and acknowledge that (a) such Debt Retirement Schedule is based upon an assumed interest rate and date of issuance of the Bonds and assumed Bond Payment Dates, all as set forth in APPENDIX B, (b) the Bond Payment Dates will be specified in the Bond Resolution, (c) the date and amount of each payment of cash rental required under this Sublease will be determined (subject to the limitations expressed in the preceding paragraph of this Section) when the Bond Resolution is adopted by the Authority and the Bonds are sold, by application of the rate or rates of interest (that will result in a net interest cost not exceeding 8% annum) actually borne by the Bonds. The Bonds shall be sold subject to redemption prior to maturity at the option of the Authority and at the direction of the City Manager. The Authority agrees that upon request of the City it shall redeem the Bonds; provided the City has deposited or will deposit sufficient money to permit such redemption with the Authority prior to calling the Bonds. In the event that for any reason after the date upon which this Sublease is executed, but before the Bonds have been issued, it appears to the County and the City that the part of the Project to be paid by Bond proceeds can be accomplished for less than $1,120,000, the County shall cause the Authority to reduce the amount of Bonds to be issued in multiples of $5,000 and reduce the annual maturities or the years of maturities as the County shall direct and as approved by the City Manager. 2. Acquisition of Project. The Authority will acquire the Project from the City of Keego Harbor by Warranty Deed. 3. Maximum Project Costs. The acquisition of the Project shall occur after issuance of the Bonds and the maximum cost of the Project cannot exceed $1,120,000. The actual cost of the Project will be determined as follows: a. The costs of issuance on the Bonds; and b. The actual amount of Bond Proceeds deposited with the PNC Bank National Association to retire in full the City of Keego Harbor’s Loan No. 604309662 due to PNC Bank National Association. 4. Structural Alteration, Maintenance, and Repair Insurance Requirements. In the event any work is done on the Project, the County shall cause the City to require any contractor or sub-contractors for the Project to furnish all necessary bonds guaranteeing performance and all labor and material bonds and all owners protective, workers' compensation, general liability, and automobile liability covering all owned, hired and non-owned autos insurance required for the protection of the Authority, the County, and the City. All policies, with the exception of workers’ compensation, must name the Authority, the County and the City as Additional Insureds and provide 30-days written notice of cancellation, non-renewal or material change. Such bonds and insurance, and the amounts thereof, shall be subject to approval of an authorized official of the County and the Authority. Commissioners Minutes Continued. July 7, 2010 837 5. Sublease Term; Possession. (a) Subject to its use provided in Appendix C hereof, the County does hereby sublease the Project to the City for a term commencing on the effective date of this Sublease (determined as provided in paragraph 20) for 31 years after acquisition of the Project. Possession of the Project, subject to the Sublease, shall vest in the City upon the execution of the Sublease. The City agrees to use the Project solely for lawful purposes. (b) Upon retirement of the Bonds, the County agrees to cause the Authority to convey the Project to the City without consideration. (c) Upon termination of this Sublease in the manner set forth above, the County shall promptly pay over to the City any an all funds held by it pertaining to the Bonds or in any other manner relating to the Project. 6. Cash Rental. Agreement of the City. (1) Amount of Payment. The City hereby agrees during the term of this Sublease or any renewal hereof to pay to the County as cash rental for the Project such periodic amounts as shall be sufficient to enable the County to meet its payments to the Authority on the Project to pay the principal of and interest on the Bonds as such principal and interest shall become due, whether at maturity or by redemption. During the term of the Sublease or any extensions thereof, the City shall pay to the County, at least 30 days before each Bond Payment Date, an amount sufficient to pay the principal and/or interest due on the Bonds on such Bond Payment Date. (2) Payment from General Fund or other Funds. The City hereby agrees to pay such amounts due under Section 6 from its general fund, or such other fund(s) as the City may designate, the cash rental payments when due. The obligation of the City to make such cash rental payments shall not be subject to any set-off by the City nor shall there be any abatement of the cash rental payments for any cause, including, but not limited to, casualty that results in the Project being untenantable. (3) Right of the County to Affect Amounts due to the City from the Oakland County Delinquent Tax Revolving Fund. In the event that the City has failed to make any payments on the Bonds to the County on the date such payment is due; thereafter, any time the County owes to the City an amount due from the Oakland County Delinquent Tax Revolving Fund, the County shall, prior to making any payments to the City, deduct from the amount of such payment the amount due on the Bonds plus interest on that amount from the date due to the date withheld at the rate of one percent (1%) per month and pay that amount to itself. Thereafter, the County shall pay whatever balance remains owing to the City from the Delinquent Tax Revolving Fund. 7. Expenses of Issuing and Payment of Bonds. The County shall cause the Authority to pay from the proceeds of the sale of the Bonds all expenses incurred with respect to the issuance of the Bonds. The City agrees to pay to the County, in addition to the cash rental provided for in Section 6, all expenses incurred with respect to the issuance and payment of the Bonds, to the extent not so paid from the proceeds from the sale of the Bonds. 8. Maintenance and Repairs. The City shall, at its own expense, operate and maintain the Project and shall keep the same in good condition and repair. If the City decides not to operate the Project for any period of time it will still keep the Project in good repair so as not to endanger any other properties or the general public. Operation and maintenance shall include (but not be limited to) the providing of all personnel, equipment and facilities, all light, power, heat, water, sewerage, drainage and other utilities, and all properties and services of whatever nature, as shall be necessary or expedient in the efficient and lawful operation and maintenance of the Project. The obligation of the City to pay all costs and expenses of the operation and maintenance of the Project shall be a general obligation of the City. 9. Insurance Proceeds All insurance proceeds shall be payable to the City, the County, and the Authority as their interests may appear. In the event of the partial or total destruction of the Project, or if the Project is for any reason made unusable, the cash rental payments provided in Section 6 shall continue unabated. The City shall have the option to use the proceeds of insurance, in the event of loss or damage to the Project, for the repair or restoration of the Project. If the City shall determine not to use the proceeds of insurance for the repair or restoration of the Project, the amount of such insurance proceeds shall be paid to the County and by it paid to the Authority which shall deposit the same in the bond and interest redemption fund, Commissioners Minutes Continued. July 7, 2010 838 and the City shall receive appropriate credits on future cash rental payments due under this Sublease. The City’s obligation for the payments provided in Section 6 shall continue until the obligation is satisfied, and shall not be extinguished or compromised by paying over any insurance proceeds to the County as contemplated in this Section 9. Any insurance proceeds in excess of the amount necessary to retire the Bonds in full shall be retained by the City. 10. Insurance Requirements. (a) Insurance: The City shall provide and maintain at its own expense during the term of this Sublease or until the bonds are retired, all insurances as set forth below, protecting the City, the County and the Authority against loss on account of damage or injury to persons or property, imposed by reason of the ownership, possession, use, operation, leasing, maintenance or repair of the Project and the site of the Project, or resulting from any acts of omission or commission on the part of the City, the County or the Authority or their respective officers, employees or agents in the connection with the Project. Such insurance shall be maintained in full force and effect during the term of this Sublease or until the Bonds are retired. Such insurance shall be made effective from the date acquisition of the Project commences. (b) Coverage Required: (1) Commercial General Liability Occurrence Form insurance with a minimum limit of $5,000,000 each occurrence/$0 general aggregate. Coverage shall include premises operations, products/completed operations, personal and advertising injury, independent contractors, contractual liability, broad form property damage, liability assumed under an insured contract. (2) Automobile Liability insurance (including Michigan No-Fault) covering liability arising out of any owned, hired, and non-owned vehicles with minimum combined single limit of $5,000,000 each accident. (3) Workers Compensation insurance, Coverage A, with limits statutorily required by any applicable Federal or State law and Employers Liability Insurance, Coverage B, with minimum limit of $500,000 each accident, disease each employee, and disease policy limit. (4) Public Officials Liability with a minimum limit of $5,000,000 each occurrence. The coverage amounts set forth may be met by a combination of primary liability and umbrella policies so long as in combination the limits equal or exceed those stated. (5) The City shall provide Real Property Insurance to insure the Project for the full One Hundred Percent (100%) replacement cost value. Coverage shall be on a special form, full replacement cost basis and be subject to a maximum per occurrence deductible of $250. Flood and Earthquake coverages shall also be carried for $5,000,000 per occurrence, per coverage with a maximum deductible not to exceed $250.00 per occurrence, per coverage. In event of any loss not covered by the City’s insurance, the County shall have the right to enter the Project and cause it to be rendered safe so that there is no danger from the Project to any adjacent property or the general public and to charge the City as additional rent the cost thereof and recover it, if necessary, in accordance with its rights to affect amounts due to the City under Paragraph 6 Subparagraph b (3). (c) Rental/Use of Project by Others: Prior to the use of the Project by entities other than the City, the City shall obtain from such entities: (1) Commercial General Liability Occurrence Form insurance with a minimum limit of $1,000,000 each occurrence/$2,000,000 general aggregate. Coverage shall include premises operations, products/completed operations, personal and advertising injury, independent contractors, contractual liability, broad form property damage, liability assumed under an insured contract. (2) Automobile Liability insurance (including Michigan No-Fault) covering liability arising out of any owned, hired, and non-owned vehicles with minimum combined single limit of $1,000,000 combined single limit each accident. Commissioners Minutes Continued. July 7, 2010 839 (3) Workers Compensation insurance, Coverage A, with limits statutorily required by any applicable Federal or State law and Employers Liability Insurance, Coverage B, with minimum limit of $100,000 each accident, $100,000 disease each employee, and $300,000 disease policy limit. The policies required above, or copies thereof, shall be delivered to the County before such event. (d) General: (1) Insurance policies shall be issued by companies licensed or approved to do business within the State of Michigan. (2) Insurers shall possess a minimum A.M. Best rating of A6 (or) any Insurer or Municipal Pool as deemed acceptable by the Oakland County Risk Manager. (3) The insurance policies, except Workers’ Compensation shall be endorsed to name the the County of Oakland, A Michigan Constitutional and Municipal Corporation and the Oakland County Building Authority and any and all, agents, officers, employees, and volunteers as “Additional Insureds” and shall also contain a written waiver of subrogation. (4) Special Form Property insurance shall be endorsed to name the County of Oakland, A Michigan Constitutional and Municipal Corporation and the Oakland County Building Authority as Mortgagee/Loss payee with respect to the Project. (5) Any and all deductibles in the required insurance policies shall be assumed by and be at the sole risk of the City. (6) All policies of insurance must be on a primary basis, non-contributory with any other insurance and/or self-insurance carried by the County and/or the Authority. (7) All policies shall provide a minimum 90 days written notice to the County and the Authority, via certified mail, of cancellation, non-renewal or material change to any and all policies required under the contract. Renewal certificates of insurance must be provided at least 15 days prior to the expiration of all policies. (8) County’s and Authority’s Rights to Amend Requirements: The County and the Authority reserve the right to alter or amend any insurance requirements as stated in this contract as deemed reasonably necessary. (e) Indemnification: Subject to the limits of it’s insurance coverage and to the extent allowed by law, the City shall indemnify hold harmless and defend the Authority and the County, their officers, employees or agents against any and all claims for any such damage or injury. 11. No Unlawful Use Permitted. The Project shall be used for those purposes permitted by Act No. 31, Public Acts of Michigan (First Extra Session), as amended and shall not be used or permitted to be used in any unlawful manner. To the extent permitted by law, the City shall hold the County and Authority harmless and keep it fully indemnified at all times against any loss, injury or liability to any persons or property by reason of the acts or negligence of the City in the use, misuse or non-use of the Project or from any act or omission in, on or about the Project. The City shall, at its own expense, make any changes or alterations in, on or about the Project which may be required by any applicable statute, charter or governmental regulation or order and shall hold the County and the Authority harmless and free from all costs or damages with respect thereto. 12. Alterations of Project. The City may install or construct in or upon, or may remove from, the Project any equipment, fixtures or structures, and may make any alterations to or structural changes in, the Project. Any structural alterations to or structural changes to the Project shall be approved in writing by the County prior to the commencement of the alterations or structural changes; such approval shall not be unreasonably withheld. 13. Right of Inspection. The County and Authority, through its officers, employees or agents, may enter upon the Project at any reasonable time after reasonable notice during the term of this Sublease for the purpose of inspecting the Project and determining whether the City is complying with the covenants, agreements, terms and conditions of this Sublease. 14. Contractual Rights of Bondholders. Inasmuch as this Sublease, and particularly the obligation of the City to make cash rental payments to the County, provides the security for payment of the principal of and interest on the Bonds, it is hereby declared that this Sublease is made for the benefit of the Commissioners Minutes Continued. July 7, 2010 840 holders from time to time of the Bonds as well as for the benefit of the parties and that such holders shall have contractual rights under this Sublease. In the event of any default under this Sublease on the part of the City, the County and the Authority and the holders of the Bonds shall have all rights and remedies provided by law. The parties further agree that they will not do, or permit to be done any act, and that this Sublease will not be amended in any manner, which would impair the security of the Bonds or the rights of the holders of the Bonds. An amendment of this Sublease to authorize the issuance of additional Bonds and providing the payment of additional cash rentals for the payment of such Bonds shall not be deemed to impair the security of the Bonds or the rights of the holders of the Bonds. 15. Appurtenant Facilities. The site on which this Project is to be located includes, or will include, roadways, walks, drives, parking areas and landscaping which are of benefit to and necessary to the full use and enjoyment of the Project, and it is hereby agreed that such appurtenant facilities will be maintained in good repair and condition by the City, at no cost to the County and available to the users and occupants of the Project. 16. Successors and Assigns. This Sublease shall inure to the benefit of, and be binding upon, the respective parties hereto and their successors and assigns. However, the City shall not make an assignment that violates this Sublease and shall not make an assignment that would impair the security of the Bond or the rights of the holders of the Bonds. All assignment or subleases of this Sublease by the City or its successors or assigns shall be approved in writing by the County. 17. Abandonment of Project. In the event none of the Bonds to finance the Project are issued by the Authority on or before December 1, 2011, the Project shall be abandoned, the City shall pay from available funds its share of expenses of the Authority incurred to the date of abandonment, and neither party shall have any further obligations under this Sublease. 18. Consents, Notices, Etc. The right to give any consent, agreement or notice required or permitted in this Sublease shall be vested, in the case of the County, in its Board of Commissioners, and in the case of the City, in its City Council. Any notice required or permitted to be given under this Sublease shall be given by delivering the same, in the case of the County, to the County Clerk, and in the case of the City, to its City Clerk. 19. Changes in Law or Corporate Status. In the event there shall occur changes in the Constitution or statutes of the State of Michigan which shall affect the organization, territory, powers or corporate status of the City or the County, the terms and provisions of this Sublease shall be unaffected thereby insofar as the obligation of the City to make the cash rental payments is concerned. The proceeds of any sale or other liquidation of any interest of the City in the Project are hereby impressed with a first and prior lien for payment of any outstanding Bonds or other obligations of the Authority incurred by reason of the Project or any additions or improvements thereto. 20. Quiet Enjoyment. The County covenants that the City, upon compliance with the terms of this Sublease, shall and may peacefully and quietly have and hold and enjoy the Project and site thereof for the term herein provided. 21. Additional Obligations. Nothing herein contained shall in any way be construed to prevent the City from undertaking additional financing or incurring additional obligations under the provisions of Act 450 or any other applicable law. 22. Effective Date of Sublease. This Sublease shall become effective on the date of execution. IN WITNESS WHEREOF, the CITY OF KEEGO HARBOR as authorized by its City Council and the COUNTY OF OAKLAND, by its Board of Commissioners, have caused this Sublease to be signed by their duly authorized officers, and their seals to be affixed hereto, all as of the day and year first above written. WITNESS: CITY OF KEEGO HARBOR _______________________ By:________________________________ Mayor and _______________________ By:________________________________ Clerk COUNTY OF OAKLAND _______________________ By:________________________________ Commissioners Minutes Continued. July 7, 2010 841 Chairperson, Board of Commissioners and _______________________ By:________________________________ County Clerk STATE OF MICHIGAN ) )SS. COUNTY OF OAKLAND) On this __ day of ____, the foregoing instrument was acknowledged before me by ___ and ___, who are the Mayor and the Clerk of the City of Keego Harbor, a ___, on behalf of said ___. ___________________________________ Notary Public __________________ County, Michigan My Commission Expires:_____________ STATE OF MICHIGAN ) )SS. COUNTY OF OAKLAND) On this __ day of ___, the foregoing instrument was acknowledged before me by ____ and _____, who are the Chairperson of the Board of Commissioners and the County Clerk of the County of Oakland, a _____, on behalf of said ____. ___________________________________ Notary Public __________________ County, Michigan My Commission Expires:_____________ APPENDIX A PROJECT DESCRIPTION The Project includes the acquisition of the Keego Harbor City Hall and the Keego Harbor DPW Building in Keego Harbor. The Keego City Hall / Police Department construction was completed in October 2008 and is in good repair. It consists primarily of general offices. The Keego Harbor DPW building was completed in 2009 and resides on several acres of land. The City Hall has 5,800 square feet and the DPW building has 5,000 square feet on land sufficient to allow for the storage of up to 55 vehicles. The City Hall community room is used for council and board meetings and has two conference rooms. Facility elevations are enclosed for both buildings. Legal Description The legal description is as follows: Property located in the County of Oakland, City of Keego Harbor described as follows: “Lots 157 thru 180 inclusive of Evergreen Villa, a subdivision of part of the Northwest ¼ of Section 1, T2N, R9E, City of Keego Harbor, Oakland County, Michigan as recorded in Liber 24, Page 14 of Plats, Oakland County Records. Sidwell #18-01-160-001 Cost Estimates Cost of Financing including Bond Discount $ 46,550 Estimated Cost of Acquisition $1,073,450 TOTAL: $1,120,000 ESTIMATED PERIOD OF USEFULNESS: At least 35 Years APPENDIX B ESTIMATED SCHEDULE OF PRINCIPAL AND INTEREST [SEE ATTACHED ESTIMATED SCHEDULE] The final debt service schedules for the bond issue will be attached to the Sublease after the bonds are sold. APPENDIX C COUNTY RETAINS RIGHT TO USE PROJECT The County shall have the right to use the following parts of the Project: The Keego Harbor City Hall may be used by the County for the broadcasting of events and information to the surrounding community in the event of a regional/local disaster by the County’s Commissioners Minutes Continued. July 7, 2010 842 Homeland Security Division. The facility has the capacity to broadcast messages from the Keego City Hall to the community through its cable network agreement. The County may vacate a facility that currently contains a fiber optic node in a nearby community. The Keego Harbor City Hall facility may be used by the County to house the fiber optic node should other facilities prove untenable. The Keego Harbor DPW facility may be used by the County to provide temporary additional storage of Homeland Security equipment in close proximity to the County should a regional/local disaster occur and/or a staging area. The DPW land and facility has the availability to stage up to 55 vehicles. The Chairperson referred the resolution to the Finance Committee. There were no objections. Commissioner Scott set a Public Hearing for July 22, 2010 at 9:45 a.m. – Planning and Economic Development Service Division – Resolution Approving Project Plan (Cranbrook Education Community Project) – City of Bloomfield Hills. MISCELLANEOUS RESOLUTION #10163 BY: Public Services Committee, Jim Runestad, Vice Chairperson IN RE: DEPARTMENT OF PUBLIC SERVICES/COMMUNITY CORRECTIONS – MICHIGAN DEPARTMENT OF CORRECTIONS, OFFICE OF COMMUNITY CORRECTIONS, COMMUNITY CORRECTIONS COMPREHENSIVE PLAN AND APPLICATION FOR FY 2011 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan offers funding to local communities under PA 511; and WHEREAS this funding is targeted to divert non-violent offenders from prison into local jail or sentencing alternatives; and WHEREAS Oakland County has been receiving Community Corrections funds since 1994; and WHEREAS the application has been completed and is requesting funding in the amount of $1,824,345 for plans and services for the grant period October 1, 2010 through September 30, 2011; and WHEREAS a total appropriation of $2,115,175 is requested for probation residential services, which the State now pays directly to the Probation Residential Centers since they hold the contract for all residential services; and WHEREAS the grant application seeks full-time eligible funding for positions 7425, 7426, 7428, 7429, 7432, 7433, 9243, 9247, 9291, 9295, 9648, 9649 and PTNE funding for position 9292 within the Community Corrections Division; and WHEREAS the grant application also seeks funding for positions 7834 and 9396, whereby the State will fund 50% of the costs, and the County will match 50% of the total costs for these two (2) positions in the Community Corrections Division; and WHEREAS the grant application seeks full-time funding for positions 7419, 7420, 7418, 7421, and PTNE funding for positions 7417 and 9397 within the Sheriff’s – Correction Services Division; and WHEREAS any programs created through these funds become part of the County’s Comprehensive Community Corrections Plan; and WHEREAS PA 511 of 1988 requires that the “County Board or Boards of Commissioners of the County shall approve the proposed comprehensive plan prepared by their advisory board.” NOW THEREFORE BE IT RESOLVED that the application to request $1,824,345 from the State Office of Community Corrections for the purpose of continuing programs contained within the Office of Community Corrections FY 2011 grant application for offenders who meet PA 511 eligibility is hereby approved. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves the $2,115,175 allocation for probation residential services to be administered by the Michigan Department of Corrections/Office of Community Corrections. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves the proposed comprehensive plan prepared by the Community Corrections Advisory Board. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Grant Review Sign Off – Community Corrections and Community Corrections Plan and Application FY 2011 on file in County Clerk’s office. Commissioners Minutes Continued. July 7, 2010 843 FISCAL NOTE (MISC. #10163) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF PUBLIC SERVICES/COMMUNITY CORRECTIONS – MICHIGAN DEPARTMENT OF CORRECTIONS, OFFICE OF COMMUNITY CORRECTIONS, COMMUNITY CORRECTIONS COMPREHENSIVE PLAN AND APPLICATION FOR FY 2011 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. This is the 17th year of the grant application with the Michigan Department of Corrections, Office of Community Corrections. 2. The Community Corrections Division has submitted a request in the amount of $1,824,345 for plans and services and an appropriation of $2,115,175 for the Probation Residential Centers. 3. The application is $141,650 more than the FY 2010 grant award of $1,682,695. 4. The grant period is from October 1, 2010 to September 30, 2011. 5. The application seeks full-time eligible funding for positions 7425, 7426, 7428, 7429, 7432, 7433, 9243, 9427, 9291, 9295, 9648, 9649, and PTNE funding for position 9292 within the Community Corrections Division. 6. The application seeks funding for positions 7834 and 9396, whereby the State will fund 50% of the costs, and the County will match 50% of the total costs for these two positions in the Community Corrections Division. 7. The application further seeks full-time eligible funding for positions 7419, 7420, 7418, 7421, and PTNE funding for positions 7417 and 9397 in the Sheriff’s – Corrective Services Division. 8. PA511 of 1988 requires that the “County Board or Board of Commissioners of the County approve the proposed comprehensive plan prepared by the advisory Board”. FINANCE COMMITTEE Moved by Runestad supported by Zack the resolution (with fiscal note attached) be adopted. AYES: Coleman, Coulter, Douglas, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello. (22) NAYS: None. (0) A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted. MISCELLANEOUS RESOLUTION #10164 BY: Public Services Committee, Jim Runestad, Vice Chairperson IN RE: SHERIFF'S OFFICE - CONTRACT FOR AUXILIARY DEPUTY SERVICES IN THE CITY OF ROYAL OAK 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 #09257 adopted December 9, 2009, established the standard law enforcement services overtime rates for the period 2010; and WHEREAS the City of Royal Oak 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 Royal Oak has requested that a contract for special events on an overtime basis be authorized; and WHEREAS the Sheriff has agreed to contract for this service with the City of Royal Oak; 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 Royal Oak for special events on an overtime basis at rates established by this Board. Commissioners Minutes Continued. July 7, 2010 844 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 July 1, 2010. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Contract for Auxiliary Sheriff’s Deputy Services in the City of Royal Oak on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #10165 BY: Public Services Committee, Jim Runestad, Vice Chairperson IN RE: SHERIFF’S OFFICE – CONTRACT FOR FIRE DISPATCH SERVICES FOR THE CHARTER TOWNSHIP OF OAKLAND FOR 2010-2013 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is the policy of the Oakland County Board of Commissioners to permit the Sheriff’s Office to enter into contractual agreements for the purpose of Police and Fire Dispatch services; and WHEREAS the Charter Township of Oakland has requested that the Sheriff’s Office dispatch fire calls for the Charter Township of Oakland Fire Department; and WHEREAS the Sheriff’s Office, along with the Department of Management & Budget, is recommending dispatching services per the attached contract between the County of Oakland and Charter Township of Oakland; and WHEREAS this contract is for one year longer than the normal dispatch contracts; and WHEREAS Corporation Counsel has approved the attached contract. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board to enter into the attached Fire Dispatch Agreement with the Charter Township of Oakland. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Fire Dispatch Service Agreement between the County of Oakland and the Charter Township of Oakland on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #10166 BY: Public Services Committee, Jim Runestad, Vice Chairperson IN RE: 52nd DISTRICT COURT - REVISIONS OF THE FY 2010, FY 2011, AND FY 2012 BUDGETS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Executive assigned departmental budget tasks and declared a triennial budget plan for fiscal years 2010, 2011 and 2012; and WHEREAS the 52nd District Court was assigned a FY 2010, 2011, and 2012 Budget Task; and WHEREAS the 52nd District Court budget task included the deletion of certain positions, expenditure reductions, and revenue increases; and WHEREAS the 52nd District Court has revised its FY 2010, 2011, and 2012 budget task plan due to a reduction of revenue activity; and WHEREAS the revisions include position changes and reductions in operating costs; and WHEREAS in Division III - Rochester Hills the proposed changes include the deletion of one (1) GF/GP PTNE 1,482 hours/year Certified Electronic Operator position and one (1) GF/GP full-time eligible (FTE) District Court Clerk II position in the Administration Unit and one (1) GF/GP full-time eligible (FTE) District Court Clerk II position in the Probation Unit; and WHEREAS in Division IV - Troy the proposed changes include the deletion of one (1) GF/GP FTE Court Clerk in the Administration Unit; and Commissioners Minutes Continued. July 7, 2010 845 WHEREAS the duties that were previously assigned to these positions will either be redistributed to other divisional employees or discontinued. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the following GF/GP position changes as shown below and the reductions in operating cost: DIVISION III – ROCHESTER HILLS Classification Funding & Status Dept. Position No. Action Certified Electronic Operator GF/GP PTNE 1,482 hrs./yr. 3020401-06874 Deletion District Court Clerk II GF/GP FTE 3020401-07174 Deletion District Court Clerk II GF/GP FTE 3020405-07238 Deletion District Court Clerk II GF/GP PTNE 1, 000 hrs./yr 3020401- Creation of one (1) position District Court Clerk II GF/GP PTNE 1, 000 hrs./yr 3020405- Creation of one (1) position DIVISION IV – TROY Classification Funding & Status Dept. Position No. Action Court Clerk GF/GP FTE 3020501-00840 Deletion Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE The Chairperson referred the resolution to the Human Resources Committee and the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #10167 BY: Public Services Committee, Jim Runestad, Vice Chairperson IN RE: PROSECUTING ATTORNEY - REVISIONS OF THE FY 2010, FY 2011, AND FY 2012 BUDGETS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Executive assigned departmental budget tasks and declared a triennial budget plan for fiscal years 2010, 2011 and 2012; and WHEREAS the Prosecuting Attorney was assigned a FY 2010, 2011, and 2012 Budget Task; and WHEREAS the Prosecuting Attorney’s budget task included the deletion of certain positions, expenditure reductions, and revenue increases; and WHEREAS the Prosecuting Attorney’s Office has revised its FY 2010, 2011, and 2012 budget task plan due to a reduction of revenue activity; and WHEREAS the revisions include deletion of one (1) vacant GF/GP full-time eligible (FTE) Assistant Prosecutor II position in the Litigation division (4010201-00421), deletion of one (1) GF/GP FTE Office Assistant II position in the Administration division (4010101-06740), and creation of one (1) GF/GP full- time non-eligible (FTNE) 2,000 hours/year Office Assistant II position in the Administration division. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the deletion of one (1) vacant GF/GP full-time eligible (FTE) Assistant Prosecutor II position in the Litigation division (4010201-00421) effective March 27,2010. BE IT FURTHER RESOLVED that one (1) GF/GP FTE Office Assistant II position in the Administration division (4010101-06740) be deleted, and one (1) GF/GP full-time non-eligible (FTNE) 2,000 hours/year Office Assistant II position be created in the Administration division (4010101) effective June 20, 2010. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE The Chairperson referred the resolution to the Human Resources Committee and the Finance Committee. There were no objections. Commissioners Minutes Continued. July 7, 2010 846 MISCELLANEOUS RESOLUTION #10168 BY: Public Services Committee, Jim Runestad, Vice Chairperson IN RE: SHERIFF'S OFFICE - CONTRACT AMENDMENT #1 FOR LAW ENFORCEMENT SERVICES IN THE CHARTER TOWNSHIP OF BRANDON - 2010 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Charter Township of Brandon has contracted with the Oakland County Sheriff's Department to provide law enforcement services for the Township (M.R. #09302); and WHEREAS paragraph 24 of this Contract provided that an amendment to this Contract must be approved by concurrent resolutions of both the Oakland County Board of Commissioners and the Brandon Township Board of Trustees; and WHEREAS the Charter Township of Brandon has approved a proposed amendment to the contract (Schedule A Deputies Contracted) which would delete one (1) Patrol Investigator reducing the number of Patrol Investigators from two (2) to one (1) and delete one (1) Deputy I (no-fill) and bringing the total number of contracts to twelve (12); and WHEREAS the Sheriff has agreed to delete one (1) Patrol Investigator and one (1) Deputy I (no-fill) for the Charter Township of Brandon under the terms of this contract. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves an amendment to the original Schedule A (Sheriff Deputies Contracted) of the Oakland County Sheriff's Department 2010 Law Enforcement Services Agreement with the Charter Township of Brandon to delete one (1) Patrol Investigator and one (1) Deputy I (no-fill). BE IT FURTHER RESOLVED that one (1) GF/GP Deputy II position, #4030619-06027 and one (1) GF/GP Deputy I position, #4030619-10646 be deleted in the Contract Patrol Unit, Patrol Services Division of the Sheriff’s Office. BE IT FURTHER RESOLVED that one semi-marked vehicle with radio be deleted. BE IT FURTHER RESOLVED that this amendment will take effect July 1, 2010. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Sheriff’s Deputies Contracted for and to be Assigned to Municipality, and 2010 Law Enforcement Services Agreement with the Charter Township of Brandon 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 #10169 BY: Public Services Committee, Jim Runestad, Vice Chairperson IN RE: SHERIFF'S OFFICE – MARINE PATROL SERVICES AGREEMENT IN THE CHARTER TOWNSHIP OF WHITE LAKE - 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 White Lake 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 White Lake 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 White Lake; 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 White Lake for Marine Patrol. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board to sign the agreement. Commissioners Minutes Continued. July 7, 2010 847 BE IT FURTHER RESOLVED that one (1) GF/GP part-time non-eligible (PTNE) 250 hours/year Marine Safety Deputy 1’s be created in the Sheriff’s Office/Patrol Services /Marine Safety Unit and contingent upon the level of funding associated with this contract. BE IT FURTHER RESOLVED that this contract will take effect on May 28, 2010. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Oakland County Sheriff’s Office 2010 Marine Patrol Services Agreement with the Charter Township of White Lake 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 #10170 BY: Public Services Committee, Jim Runestad, Vice Chairperson IN RE: SHERIFF'S OFFICE – MARINE PATROL SERVICES AGREEMENT IN THE CHARTER TOWNSHIP OF HIGHLAND - 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 Highland 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 Highland 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 Highland; 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 Highland 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) 250 hours/year Marine Safety Deputy I be created in the Sheriff’s Office/Patrol Services/Marine Safety Unit and contingent upon the level of funding associated with this contract. BE IT FURTHER RESOLVED that this contract will take effect on May 27, 2010. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Oakland County Sheriff’s Office 2010 Marine Patrol Services Agreement with the Charter Township of Highland 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 and gave notice that he plans to discharge the resolution at the next regular Board meeting on July 22, 2010. MISCELLANEOUS RESOLUTION #10171 BY: Commissioners Janet Jackson, District #21; Helaine Zack, District #22; Eric Coleman, District #23 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2010 APPROPRIATION – CITY OF SOUTHFIELD PROJECT NO. 49801 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 Commissioners Minutes Continued. July 7, 2010 848 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, as amended by Miscellaneous Resolution #10045, 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 City of Southfield, 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 City of Southfield and said appropriation has been transferred to a specific project account; and WHEREAS the City of Southfield 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 City of Southfield is $48,707. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the City of Southfield is 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 City of Southfield. Chairperson, we move the adoption of the foregoing resolution. JANET JACKSON, HELAINE ZACK, ERIC COLEMAN Copy of Correspondence from Patricia Z. Wierzbicki, Deputy-Secretary/Clerk of the Board, Road Commission regarding 12 Mile road Evergreen road to Southfield road Project No. 49801 on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #10172 BY: Commissioners Steven H. Schwartz, District #14; Jim Nash, District #15 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2010 APPROPRIATION – CITY OF FARMINGTON HILLS PROJECT NO. 50371 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 Commissioners Minutes Continued. July 7, 2010 849 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, as amended by Miscellaneous Resolution #10045, 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 City of Farmington Hills, 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 City of Farmington Hills and said appropriation has been transferred to a specific project account; and WHEREAS the City of Farmington Hills 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 City of Farmington Hills is $232,500. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the City of Farmington Hills 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 City of Farmington Hills. Chairperson, we move the adoption of the foregoing resolution. STEVEN SCHWARTZ, JIM NASH Copy of Correspondence from Patricia Z. Wierzbicki, Deputy-Secretary/Clerk of the Board, Road Commission for Oakland County regarding Middlebelt Road 11 Mile Road to North of I-696 Project No. 50371 on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #10173 BY: Commissioners Tim Greimel, District #11; Sue Ann Douglas, District #12; Robert Gosselin, District #13 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2010 APPROPRIATION – CITY OF ROCHESTER HILLS PROJECT NO. 49471 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 Commissioners Minutes Continued. July 7, 2010 850 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, as amended by Miscellaneous Resolution #10045, 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 City of Rochester Hills, 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 City of Rochester Hills and said appropriation has been transferred to a specific project account; and WHEREAS the City of Rochester Hills 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 City of Rochester Hills is $339,546. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the City of Rochester Hills 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 City of Rochester Hills. Chairperson, we move the adoption of the foregoing resolution. TIM GREIMEL, SUE ANN DOUGLAS, ROBERT GOSSELIN Copy of Correspondence from Patricia Z. Wierzbicki, Deputy-Secretary/Clerk of the Board, Road Commission for Oakland County regarding Walton Boulevard, Adams Road to East of Livernois Road Project No. 49471 on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #10174 BY: Commissioner Thomas F. Middleton, District #4 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2010 APPROPRIATION – CITY OF THE VILLAGE OF CLARKSTON PROJECT NO. 50461 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS since the 1970’s, 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 Commissioners Minutes Continued. July 7, 2010 851 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, as amended by Miscellaneous Resolution #10045, 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 City of the Village of Clarkston, 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 City of the Village of Clarkston and said appropriation has been transferred to a specific project account; and WHEREAS the City of the Village of Clarkston 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 City of the Village of Clarkston is $500. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the City of the Village of Clarkston 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 City of the Village of Clarkston. Chairperson, I move the adoption of the foregoing resolution. THOMAS MIDDLETON Copy of Correspondence from Patricia Z. Wierzbicki, Deputy-Secretary/Clerk of the Board, Road Commission for Oakland County regarding Sidewalk replacement Clarkston, W. Washington and S. Holcomb roads. Project No. 50461 is on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #10175 BY: Commissioner Tim Greimel, District #11, Tim Burns, District #19, Steven Schwartz, District #14, Eric Coleman, District #23 IN RE: BOARD OF COMMISSIONERS – ENACTMENT OF OAKLAND COUNTY ETHICS ORDINANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County taxpayers rely on Oakland County government for the prudent and ethical expenditure of residents' tax dollars and for the efficient, judicious, and ethical administration of county Commissioners Minutes Continued. July 7, 2010 852 functions, including, but not limited to, law enforcement, economic development, and public health protection; and WHEREAS Oakland County's elected officials and employees have a moral obligation to exercise these important responsibilities free from self-interest and other unethical influences; and WHEREAS Michigan Attorney General Mike Cox has drafted a Model Ethics Ordinance for Local Governments; and WHEREAS the introductory comments to the Model Ethics Ordinance indicate that counties have the authority to enact such an ordinance under MCL 46.11(j); and WHEREAS the attached Oakland County Ethics Ordinance is based almost entirely on Michigan Attorney General Mike Cox's Model Ethics Ordinance for Local Governments; and WHEREAS enactment of the attached Oakland County Ethics Ordinance will help to ensure the prudent and ethical expenditure of residents' tax dollars and the efficient, judicious, and ethical administration of county functions. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby enacts the attached Oakland County Ethics Ordinance. BE IT FURTHER RESOLVED that the Oakland County Ethics Ordinance shall be in full force and effect when the requisite notice and other procedural requirements required under law are met. Chairperson, we move the adoption of the foregoing resolution. TIM GREIMEL, ERIC COLEMAN, MATTIE HATCHETT, HELAINE ZACK, STEVEN SCHWARTZ, GARY McGILLIVRAY, DAVID COULTER, JANET JACKSON, TIM BURNS, DAVID WOODWARD Copy of Correspondence for Oakland County Ethics Ordinances on file in County Clerk’s office. The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #10176 BY: Commissioner Tim Greimel, District #11, Tim Burns, District #19 IN RE: BOARD OF COMMISSIONERS – RESOLUTION TO POST OAKLAND COUNTY'S CHECK REGISTER ONLINE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County taxpayers rely on Oakland County government for the prudent and ethical expenditure of residents' tax dollars; and WHEREAS Oakland County taxpayers have a right to know how their tax dollars are being spent; and WHEREAS greater government transparency increases the trust and confidence that residents and taxpayers have in their government. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby requires that Oakland County's check register(s) evidencing all individual expenditures by all County elected officials and departments be posted online in such a way as to be easily accessible by members of the public beginning with the start of the next fiscal year on October 1, 2010. Chairperson, we move the adoption of the foregoing resolution. TIM GREIMEL, TIM BURNS, ERIC COLEMAN, MATTIE HATCHETT, HELAINE ZACK, DAVID COULTER, JANET JACKSON, GARY McGILLIVRAY, DAVE WOODWARD The Chairperson referred the resolution to the General Government Committee. There were no objections. Commissioners Minutes Continued. July 7, 2010 853 MISCELLANEOUS RESOLUTION #10177 BY: Commissioner Tim Greimel, District #11; Tim Burns, District #19, Steven Schwartz, District #14; Eric Coleman, District #23; Shelley Taub, District #16 IN RE: BOARD OF COMMISSIONERS – RESOLUTION TO CREATE A "TRACK YOUR TAXES" WEBPAGE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County taxpayers rely on Oakland County government for the prudent and ethical expenditure of residents' tax dollars; and WHEREAS Oakland County taxpayers have a right to know how their tax dollars are being spent; and WHEREAS greater government transparency increases the trust and confidence that residents and taxpayers have in their government; and WHEREAS the office of the Michigan Attorney General has established a "Track Your Taxes" webpage (http://www.michigan.gov/ag/0,1607,7-164-34391-184786--,00.html) that enables members of the public to easily search information by various categories regarding the expenditure of tax dollars by the Attorney General's Office. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby directs its staff to work with Oakland County's Department of Information Technology to create a similar, user- friendly website to enable members of the public to search information by various categories regarding the expenditure of tax dollars by Oakland County's various elected officials and departments beginning with the start of the next fiscal year on October 1, 2010. Chairperson, we move the adoption of the foregoing resolution. TIM GREIMEL, TIM BURNS, ERIC COLEMAN, MATTIE HATCHETT, STEVEN SCHWARTZ, GARY McGILLIVRAY, HELAINE ZACK, DAVID COULTER, DAVE WOODWARD, JANET JACKSON, SHELLEY TAUB The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #10178 BY: Commissioner Tim Greimel, District #11, Gary McGillivray, District #24, Shelley Taub, District #16 IN RE: BOARD OF COMMISSIONERS – RESOLUTION IN SUPPORT OF HB 6038 AND HB 6226 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS synthetic cannabinoids and products containing synthetic cannabinoids are currently legal under Michigan law; and WHEREAS synthetic cannabinoids are designed to mimic the effects of tetrahydrocannabinol (THC), the main psychoactive substance found in the cannabis plant and in products derived from the cannabis plant; and WHEREAS synthetic cannabinoids and products containing synthetic cannabinoids, such as those marketed under the names K2, Spice, Blonde, Summit, Standard, Citron, Genie, Zohai, and Fire and Ice, are often more potent than THC; and WHEREAS it is increasingly common for individuals to ingest and/or smoke synthetic cannabinoids and products containing synthetic cannabinoids for recreational purposes; and WHEREAS the ingestion and/or smoking of synthetic cannabinoids and products containing synthetic cannabinoids may be more dangerous than the ingestion and/or smoking of THC, which is generally illicit in the United States; and WHEREAS the ingestion and/or smoking of synthetic cannabinoids and products containing synthetic cannabinoids have been reported to cause paralysis and loss of pain sensation in rats; and WHEREAS the ingestion and/or smoking of synthetic cannabinoids and products containing synthetic cannabinoids have been reported to cause elevated heart rates, increased anxiety, elevated blood pressure, vomiting, hallucinations, and even seizures in human beings; and WHEREAS the health dangers associated with the ingestion and/or smoking of synthetic cannabinoids and products containing synthetic cannabinoids have prompted the banning and/or strict regulation of Commissioners Minutes Continued. July 7, 2010 854 some or all synthetic cannabinoids in the following jurisdictions: Kansas, Missouri, Austria, Belarus, Estonia, Finland, France, Germany, Latvia, Poland, Romania, Russia, South Korea, Sweden, Switzerland, and the United Kingdom; and WHEREAS the Oakland County Association of Chiefs of Police has cited the health dangers associated with the ingestion and/or smoking of synthetic cannabinoids and products containing synthetic cannabinoids and has called for them to be regulated as controlled substances; and WHEREAS the sale and possession of synthetic cannabinoids and products containing synthetic cannabinoids present a serious health and safety danger to Michigan’s residents; and WHEREAS state Representative Rick Jones (R-Grand Ledge) introduced HB 6038 in the Michigan House of Representatives and state Representative Lisa Brown (D-West Bloomfield) introduced HB 6226 in the Michigan House of Representatives; and WHEREAS HB 6038 would add a number of synthetic cannabinoids to Michigan's list of Schedule 1 drugs, resulting in the manufacturing, delivering, or possessing with intent to deliver such synthetic cannabinoids becoming a criminal offense, punishable by imprisonment for not more than 7 years and/or a fine of not more than $10,000; and WHEREAS HB 6226 would make the possession of such synthetic cannabinoids a criminal offense, punishable by imprisonment for not more than 1 year and/or a fine of not more than $2,000, and would make using such synthetic cannabinoids a criminal offense, punishable by imprisonment for not more than 90 days and/or a fine of not more than $100; and WHEREAS HB 6038 was approved by the Michigan House of Representatives on a roll call vote of 105-1 and HB 6226 was approved by the Michigan House of Representatives on a roll call vote of 104-1. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby supports HB 6038 and HB 6226, encourages the Michigan Senate to pass them, and encourages Governor Jennifer Granholm to sign them into law. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners requests that the Oakland County Clerk send copies of this resolution to all members of the Michigan Legislature and to Governor Jennifer Granholm. Chairperson, we move the adoption of the foregoing resolution. TIM GREIMEL, GARY McGILLIVRAY, TIM BURNS, ERIC COLEMAN, MATTIE HATCHETT, HELAINE ZACK, STEVEN SCHWARTZ, DAVID COULTER, JANET JACKSON, SHELLEY TAUB The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #10179 BY: Commissioner Bill Bullard, Jr., District #2 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2010 APPROPRIATION – TOWNSHIP OF ROSE – FISH LAKE ROAD, HIGHLAND TOWNSHIP BORDER TO DEMONDE ROAD - PROJECT NO. 50482 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS since the 1970’s, 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, as amended by Miscellaneous Resolution #10045, 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: Commissioners Minutes Continued. July 7, 2010 855 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 Township of Rose, 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 Township of Rose and said appropriation has been transferred to a specific project account; and WHEREAS the Township of Rose 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 Township of Rose $3,519. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Township of Rose 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 Township of Rose. Chairperson, I move the adoption of the foregoing resolution. BILL BULLARD Copy of Correspondence from Patricia Z. Wierzbicki, Deputy-Secretary/Clerk of the Board, Road Commission for Oakland County regarding Fish Lake Road, Highland Township Border to Demonde Road. Project No. 50482 is on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. The Board adjourned at 8:46 p.m. to the call of the Chair or July 22, 2010, at 9:30 a.m. RUTH JOHNSON BILL BULLARD, JR. Clerk Chairperson