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HomeMy WebLinkAboutMinutes - 2010.07.22 - 7090857 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES July 22, 2010 Meeting called to order by Chairperson Bill Bullard, Jr. at 9:31 a.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Bullard, Burns, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Schwartz, Scott, Taub, Zack. (21) EXCUSED ABSENCE WITH NOTICE: Capello, Woodward. (2) EXCUSED ABSENCE PER MISCELLANEOUS RESOLUTION #04228: Coleman. (1) Quorum present. Invocation given by David Coulter. Pledge of Allegiance to the Flag. Moved by Long supported by Schwartz the minutes of the July 7, 2010 Board Meeting be approved. A sufficient majority having voted in favor, the minutes were approved as printed. Moved by Jacobsen supported by Coulter the agenda to be amended to remove Planning and Building Committee – Item a. - Planning and Economic Development Services Division Resolution Approving Project Plan (Cranbrook Educational Community Project) – City of Bloomfield Hills from the Consent Agenda and to be added to the Regular Agenda. AYES: Bullard, Burns, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Schwartz, Scott, Taub, Zack. (21) NAYS: None. (0) A sufficient majority having voted in favor, the agenda, as amended, was approved. Commissioner Bill Bullard, Jr. presented a Memorial Proclamation for the late Commissioner Potter to his wife, celebrating his extraordinary life, and commemorating him for his political, charitable, and social advocacy that took on many forms during his more than 20 year career in public service. Mrs. Potter addressed the Board. Commissioner Tom Middleton presented a proclamation to Miss Oakland County Elizabeth Anne Hawthorne for her tremendous accomplishments and outstanding qualities which have resulted in her winning the prestigious title of Miss Oakland County. Commissioners Minutes Continued. July 22, 2010 858 Elizabeth Hawthorne addressed the Board. Commissioner John Scott presented a proclamation to Miss Oakland County Outstanding Teen Morgan Stocker for her tremendous accomplishments and outstanding qualities which have resulted in her winning the prestigious title of Miss Oakland County Outstanding Teen. Morgan Stocker addressed the Board. Commissioners Mattie Hatchett and Tim Greimel presented a proclamation to CARE House for its dedication to helping families cope with the hurt, and indignity of child abuse, bringing a sense of hope and nurturing to children suspected of being abused or neglected. Representative of CARE House addressed the Board. Chairperson Bill Bullard, Jr. made the following statement: “A Public Hearing is now called on the Planning & Economic Development Services Division Resolution Approving Project Plan (Cranbrook Educational Community Project) City of Bloomfield Hills. Is there anyone present who wishes to speak?” No one requested to speak and the Chairperson declared the Public Hearing closed. The following person addressed the Board during public comment: David Albery. Moved by Gosselin supported by Nash the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). The vote for this motion appears on page 876. The resolutions on the Consent Agenda follow (annotated by an asterisk {*}): *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 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 Commissioners Minutes Continued. July 22, 2010 859 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 Communication from Patricia Z. Wierzbicki, Deputy-Secretary/Clerk of the Board of the Road Commission for Oakland County regarding 12 Mile Road Evergreen Road to Southfield Road Project No. 49801 on file in County Clerk’s Office. FISCAL NOTE (MISC. #10171) BY: Finance Committee, Tom Middleton, Chairperson 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: 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. Funding of $48,707 is available in the General Fund Designated Fund Balance for Tri Party 2010 and prior funding (account #371510) for project 49801, concrete resurfacing of 12 Mile Road from Evergreen Road to Southfield Road. 3. The FY 2010 budget be amended as follows: GENERAL FUND #10100 Revenue FY 2010 10100 9010101-196030-665882 Planned Use of Fund Balance $48,707 Total Revenues $48,707 Expenditures 10100-9010101-153010-740135 Tri Party $48,707 Total Expenditures $48,707 FINANCE COMMITTEE (The vote for this motion appears on page 878.) *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: Commissioners Minutes Continued. July 22, 2010 860 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 $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 Communication from Patricia Z. Wierzbicki, Deputy-Secretary/Clerk of the Board of the 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. FISCAL NOTE (MISC. #10172) 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. 50371 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: Commissioners Minutes Continued. July 22, 2010 861 1. Unused Tri-Party funding of $3,928,942 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 $232,500 is available in the General Fund Designated Fund Balance for Tri Party 2009 and prior funding (account #371509) for project 50371, milling and asphalt resurfacing of Middlebelt Road from 11 Mile Road to north of I-696. 3. The FY 2010 budget be amended as follows: GENERAL FUND #10100 Revenue FY 2010 10100 9010101-196030-665882 Planned Use of Fund Balance $232,500 Total Revenues $232,500 Expenditures 10100-9010101-153010-740135 Tri Party $232,500 Total Expenditures $232,500 FINANCE COMMITTEE (The vote for this motion appears on page 878.) *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 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 Commissioners Minutes Continued. July 22, 2010 862 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 Communication from Patricia Z. Wierzbicki, Deputy-Secretary/Clerk of the Board of the 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. FISCAL NOTE (MISC. #10173) BY: Finance Committee, Tom Middleton, Chairperson 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: 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 $3,928,942 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 $263,677 is available in the General Fund Designated Fund Balance for Tri Party 2009 and prior funding (account #371509) for project 49471 milling and HMA resurfacing of Walton Boulevard from Adams Road to east of Livernois Road. 4. Funding of $75,869 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 $339,546 Total Revenues $339,546 Expenditures 10100-9010101-153010-740135 Tri Party $339,546 Total Expenditures $339,546 FINANCE COMMITTEE (The vote for this motion appears on page 878.) *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 1970s, the Oakland County Board of Commissioners has authorized the discretionary Tri-Party Road Improvement Program to assist Oakland County’s cities, villages and Commissioners Minutes Continued. July 22, 2010 863 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 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 Communication from Patricia Z. Wierzbicki, Deputy-Secretary/Clerk of the Board of the Road Commission for Oakland County regarding Sidewalk Replacement Clarkston, W. Washington and S. Holcomb Roads. Project No. 50461 on file in County Clerk’s Office. FISCAL NOTE (MISC. #10174) BY: Finance Committee, Tom Middleton, Chairperson 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: 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 $3,928,942 accumulated from Oakland County appropriations from FY 2009 and prior was returned from RCOC and is designated in the County General Fund (account #371509). Commissioners Minutes Continued. July 22, 2010 864 2. Funding of $500 is available in the General Fund Designated Fund Balance for Tri Party 2009 and prior funding (account #371509) for project 50461 sidewalk replacement along Clarkston Road, W. Washington Road and S. Holcomb Road. 3. The FY 2010 budget be amended as follows: GENERAL FUND #10100 Revenue FY 2010 10100 9010101-196030-665882 Planned Use of Fund Balance $500 Total Revenues $500 Expenditures 10100-9010101-153010-740135 Tri Party $500 Total Expenditures $500 FINANCE COMMITTEE (The vote for this motion appears on page 878.) *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 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 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. Commissioners Minutes Continued. July 22, 2010 865 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 Communication from Patricia Z. Wierzbicki, Deputy-Secretary/Clerk of the Board of the Road Commission for Oakland County regarding Fish Lake Road, Highland Township Border to Demode Road. Project No. 50482 on file in County Clerk’s Office. FISCAL NOTE (MISC. #10179) BY: Finance Committee, Tom Middleton, Chairperson 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: 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 $3,928,942 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 $3,519 is available in the General Fund Designated Fund Balance for Tri Party 2009 and prior funding (account #371509) for project 50482, spreading and chlorination of gravel on Fish Lake Road from the Highland Township border to Demode Road. 3. The FY 2010 budget be amended as follows: GENERAL FUND #10100 Revenue FY 2010 10100 9010101-196030-665882 Planned Use of Fund Balance $3,519 Total Revenues $3,519 Expenditures 10100-9010101-153010-740135 Tri Party $3,519 Total Expenditures $3,519 FINANCE COMMITTEE (The vote for this motion appears on page 878.) *MISCELLANEOUS RESOLUTION #10180 BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – AREA AGENCY ON AGING 1-B – FY 2011 ANNUAL IMPLEMENTATION PLAN To the Oakland County Board of Commissioners WHEREAS the Area Agency on Aging 1-B has been supporting services to Oakland County residents since 1974; and WHEREAS the Area Agency on Aging 1-B has assessed the needs of older county residents and developed a plan to provide assistance that addresses identified need; and WHEREAS the proposed plan has been submitted for review by the public, and has been subjected to a public hearing; and WHEREAS the comments at the public hearings on the proposed plan were mostly favorable and constructive changes in the plan were made as a result of some comments; and WHEREAS the Oakland County Board of Commissioners appoints two representatives to the AAA 1-B Board of Directors, a county commissioner and a county resident who is at least 60 years of age; and Commissioners Minutes Continued. July 22, 2010 866 WHEREAS the Michigan Office of Services requires that county boards of commissioners are given the opportunity to review and approve an area agency on aging’s annual implementation plan. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the Area Agency on Aging 1-B Fiscal Year 2011 Annual Implementation Plan for the purpose of conveying such support to the Area Agency on Aging 1-B and the Michigan Office of Services to the Aging. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Area Agency on Aging 1B FY 2011 Annual Implementation Plan of file on file in County Clerk’s Office. (The vote for this motion appears on page 878.) *REPORT (MISC. #10124) BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – RESOLUTION IN SUPPORT OF SENATE BILL 395 TO MAKE THE PROCESS BY WHICH TO APPEAL PROPERTY TAX ASSESSMENTS FAIRER To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered the above titled resolution on July 12, 2010, hereby recommends that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #10124 BY: Commissioners Tim Burns, District #19, and Tim Greimel, District #11 IN RE: BOARD OF COMMISSIONERS – RESOLUTION IN SUPPORT OF SENATE BILL 395 TO MAKE THE PROCESS BY WHICH TO APPEAL PROPERTY TAX ASSESSMENTS FAIRER To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the process by which Michigan property owners appeal property tax assessments is complicated and can be confusing; and WHEREAS many Michigan property owners are concerned about their property tax assessments during this time of declining property values; and WHEREAS property owners deserve to have ample time to seek a fair adjudication of disputes over the tax assessments on their property; and WHEREAS Michigan Senate Bill 395 would require that notices of property tax assessments be mailed to property owners at least 14 days in advance of the meeting of the board of review, instead of only 10 days in advance as required by current law; and WHEREAS the Michigan Senate has passed Senate Bill 395, and it awaits action in the Michigan House of Representatives. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby supports Senate Bill 395, encourages the state House of Representatives to pass it, and encourages Governor Jennifer Granholm to sign it 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 BURNS, TIM GREIMEL, JIM NASH, DAVID COULTER, MARCIA GERSHENSON, MATTIE HATCHETT, JANET JACKSON, ERIC COLEMAN, HELAINE ZACK, GARY McGILLIVRAY Commissioners Minutes Continued. July 22, 2010 867 (The vote for this motion appears on page 878.) *REPORT (MISC. #10146) BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – RESOLUTION IN SUPPORT OF SB 373 AND HB 4567 TO MAKE THE PROPERTY TAX APPEAL PROCESS MORE TRANSPARENT AND TAXPAYER FRIENDLY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered the above titled resolution on July 12, 2010, hereby recommends that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #10146 BY: Commissioners Tim Burns, District #19, and Tim Greimel, District #11 IN RE: BOARD OF COMMISSIONERS – RESOLUTION IN SUPPORT OF SB 373 AND HB 4567 TO MAKE THE PROPERTY TAX APPEAL PROCESS MORE TRANSPARENT AND TAXPAYER FRIENDLY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the process by which Michigan property owners appeal property tax assessments is complicated and can be confusing; and WHEREAS many Michigan property owners are concerned about their property tax assessments during this time of declining property values; and WHEREAS the property tax assessment appeal process should be sufficiently transparent so that property owners and taxpayers can easily navigate it; and WHEREAS Michigan Senate Bill 373 and House Bill 4567 would require that the property tax assessment appeal process is adequately explained in the notices of property tax assessments that are mailed to property owners. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby supports Senate Bill 373 and House Bill 4567, encourages the state Senate and state House of Representatives to pass them, and encourages Governor Jennifer Granholm to sign the resulting legislation 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, TIM BURNS (The vote for this motion appears on page 878.) *REPORT (MISC. #10147) BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – RESOLUTION IN SUPPORT OF SB 806, HB 4874 AND HB 5259 TO MAKE THE PROPERTY TAX APPEAL PROCESS MORE TAXPAYER FRIENDLY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered the above titled resolution on July 12, 2010, hereby recommends that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Commissioners Minutes Continued. July 22, 2010 868 MISCELLANEOUS RESOLUTION #10147 BY: Commissioners Tim Burns, District #19, and Tim Greimel, District #11 IN RE: BOARD OF COMMISSIONERS – RESOLUTION IN SUPPORT OF SB 806, HB 4874, AND HB 5259 TO MAKE THE PROPERTY TAX APPEAL PROCESS MORE TAXPAYER FRIENDLY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the process by which Michigan property owners appeal property tax assessments is complicated and can be confusing; and WHEREAS many Michigan property owners are concerned about their property tax assessments during this time of declining property values; and WHEREAS property owners and taxpayers have relatively little time between when they receive their notices of property tax assessment and the deadline by which they must appear before a board of review to appeal their assessments; and WHEREAS some property owners have unavoidable conflicts with board of review hearing dates and times and are unable to re-schedule their other conflicts; and WHEREAS Michigan Senate Bill 806, House Bill 4874, and House Bill 5259 would all allow resident property owners to appeal their property tax assessments by sending a letter to the board of review, rather than by attending in person. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby supports Michigan Senate Bill 806, House Bill 4874, and House Bill 5259, encourages the state Senate and state House of Representatives to pass them, and encourages Governor Jennifer Granholm to sign the resulting legislation 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, TIM BURNS (The vote for this motion appears on page 878.) *REPORT (MISC. #10149) BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – RESOLUTION IN SUPPORT OF SB 804 AND SB 805 TO MAKE PROPERTY TAX ASSESSMENTS FAIRER AND MORE JUST To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered the above titled resolution on July 12, 2010, hereby recommends that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #10149 BY: Commissioners Tim Burns, District #19, and Tim Greimel, District #11 IN RE: BOARD OF COMMISSIONERS – RESOLUTION IN SUPPORT OF SB 804 AND SB 805 TO MAKE PROPERTY TAX ASSESSMENTS FAIRER AND MORE JUST To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS many Michigan property owners are concerned about their property tax assessments during this time of declining property values; and WHEREAS under current law, when a property owner and taxpayer wins an appeal before his/her local board of review, his/her property tax assessment is lowered for the following year, but is then often unjustifiably increased to the assessed value that existed prior to the property owner's appeal; and WHEREAS under current law, when a property owner and taxpayer wins an appeal before the Michigan Tax Tribunal, the local tax collecting unit is not statutorily required to use the order of the Michigan Tax Tribunal as the basis for calculating the property’s taxable value in the immediately following year; and Commissioners Minutes Continued. July 22, 2010 869 WHEREAS Michigan Senate Bill 804 would ensure that, when a property owner and taxpayer has the assessed value or taxable value of his/her property reduced as a result of a protest to his/her local board of review, the reduced amount will be used as the basis for calculating the property’s taxable value in future years; and WHEREAS Michigan Senate Bill 805 would provide that, when a property owner and taxpayer wins an appeal before the Michigan Tax Tribunal, the local tax collecting unit is statutorily required to use the order of the Michigan Tax Tribunal as the basis for calculating the property’s taxable value in the immediately following year. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby supports Michigan Senate Bills 804 and 805, encourages the state Senate and state House of Representatives to pass them, and encourages Governor Jennifer Granholm to sign the resulting legislation 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, TIM BURNS (The vote for this motion appears on page 878.) *REPORT (MISC. #10141) BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR THE “CLOSE ALL ROUTES AND PREVENT ASIAN CARP TODAY ACT OF 2010” To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered the above titled resolution on July 12, 2010, hereby recommends that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #10141 BY: Commissioner Shelley Taub, District #16; John Scott, District #5; Tim Burns, District #19; Marcia Gershenson, District #17; Jim Nash, District #15; Gary McGillivray, District #24; Tim Greimel, District #11; Christine Long, District #7; Sue Ann Douglas, District #12; Thomas Middleton, District #4; Bradford Jacobsen, District #1 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR THE “CLOSE ALL ROUTES AND PREVENT ASIAN CARP TODAY ACT OF 2010” To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Great Lakes and the inland waters throughout the State of Michigan and Oakland County are vital natural and economic assets to this region. The fisheries alone generate over $7 billion in economic activity and support 800,000 jobs; and WHEREAS Oakland County has more natural lakes than any other county in the state. There are more than 1,400 lakes, streams and waterways, and the headwaters of five major rivers within the 900 square mile area of Oakland County; and WHEREAS the Asian carp, a predator fish, poses a significant threat to native fish, such as: perch, black bass, walleye, lake trout, salmon, pike and steelhead. The aggressive Asian carp compete for food and space; and WHEREAS the Asian carp can weigh up to 100 pounds and when they jump out of the water they pose a significant safety risk to boaters; and WHEREAS it has been proposed that in order to prevent the invasion of Asian carp into the Great Lakes, it is necessary to close the pathways to the Great Lakes, specifically the Illinois locks; and WHEREAS House Bill (H.R. 4472) and Senate Bill (S. 2946) propose to enact the “Close All Routes and Prevent Asian carp Today Act of 2010” – “The CARP Act”. These pieces of legislation have bipartisan Commissioners Minutes Continued. July 22, 2010 870 support and direct the Secretary of the Army to take action with respect to the Chicago waterway system to prevent the migration of bighead and silver carps into Lake Michigan; and WHEREAS the Carp Act, introduced in January 2010, requires the Secretary of the Army to take actions to ensure: 1. The immediate closure and ceasing of operation of the locks at the O’Brien Lock and Dam and the Chicago Controlling Works until a strategy relating to controlled lock operations is developed; 2. The installation of structures in the North Shore Channel and the Grand Calumet and Little Calumet Rivers to prevent the migration of bighead and silver carps into Lake Michigan; 3. The installation of interim barriers in the Chicago waterway system between the Des Plaines River and the Chicago Sanitary and Ship Canal and the Illinois and Michigan Canal and the Chicago Sanitary and Ship Canal to prevent bighead and silver carps from entering the Chicago Sanitary and Ship Canal during a flood event; 4. The operation of the Electrical Disbursal Barrier System at optimal operating power and the expedited completion of proposed barrier IIB of such system; 5. The comprehensive monitoring of the Chicago Sanitary and Ship Canal and all connected waterways for the presence and location of bighead and silver carps; 6. The eradication of any bighead or silver carps discovered in the Chicago waterway system; 7. The upgrading and making permanent of barrier I of the Electrical Disbursal Barrier System in a location and with the features and operations determined to be the most effective; 8. The implementation of measures recommended in the efficacy study authorized under the Water Resources Development Act of 2007 or provided in related interim reports; 9. The implementation of emergency measures to prevent bighead and silver carps from dispersing into the Great Lakes; 10. The acquisition of real estate necessary for the construction, operation, and maintenance of the Electrical Disbursal Barrier System; and WHEREAS the Carp Act requires the Secretary to report to Congress on strategies for addressing any effects with respect to commerce and flood control resulting from such actions. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby supports the preservation of the Michigan Great Lakes and Oakland County’s lakes and inland waters from the invasion of Asian carp. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners urges the enactment of House Bill (H.R. 4472) and Senate Bill (S. 2946) which propose to enact the “Close All Routes and Prevent Asian Carp Today Act of 2010” – “The CARP Act”. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to President Barack Obama, the U.S. Secretary of Army, the Michigan Delegation to the U.S. Congress and Senate, the Congressional Committee on Transportation and Infrastructure, the Senate Committee on Environment and Public Works, the Michigan Association of Counties, the National Association of Counties and Oakland County’s legislative lobbyists. Chairperson, we move the adoption of the foregoing resolution. SHELLEY TAUB, JOHN SCOTT, TIM BURNS, MARCIA GERSHENSON, JIM NASH, GARY McGILLIVRAY, TIM GREIMEL, CHRISTINE LONG, SUE ANN DOUGLAS, THOMAS MIDDLETON, BRADFORD JACOBSEN, BILL BULLARD, DAVID COULTER, DAVID POTTS, KIM CAPELLO, ROBERT GOSSELIN, JIM RUNESTAD, HELAINE ZACK (The vote for this motion appears on page 878.) Commissioners Minutes Continued. July 22, 2010 871 *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. FISCAL NOTE (MISC. #10161) BY: Finance Committee, Tom Middleton, 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: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: 1. The Charter Township of Lyon is in the process of acquiring rights of way and constructing a new Ring Road. 2. The resolution authorizes the sale of all of parcel 21-04-451-010 and part of parcel 21-04-451- 008 and approves the granting of a storm water and surface drainage easement to the Charter Township of Lyon for the sum of $110,562.15. 3. Funds will be deposited into the Airport Fund. Commissioners Minutes Continued. July 22, 2010 872 4. No General Fund/General Purpose amendment is required. FINANCE COMMITTEE (The vote for this motion appears on page 878.) *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 Fire Dispatch Service Agreement between the County of Oakland and the Charter Township of Oakland Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #10165) BY: Finance Committee, Tom Middleton, 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: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Charter Township of Oakland has requested to enter into contract with the Sheriff’s Office per established policy by the Oakland County Board of Commissioners permitting entering into contract with Townships, Villages and Cities for the purpose of providing fire dispatch services. 2. The Charter Township of Oakland has requested to enter into a 36 month contract agreement with the Sheriff’s Office for fire dispatch services which began April 1, 2010 and will continue through March 31, 2013. 3. This contracted service does not require the addition of any new personnel, and will be performed on an overtime basis. 4. The contract rates established for the period of April 1, 2010 through March 31, 2011 will be billed at $1,490.58 per month or $17,887 annually; the period of April 1, 2011 through March 31, 2012 will be billed at $1,535.50 per month or $18,426 annually; the period of April 1, 2012 through March 31, 2013 will be billed at $1,612.50 per month or $19,350 annually. 5. Budget estimates based on fiscal years ending September 30 are $8,944 for FY 2010, $18,156 for FY 2011, $18,888 for FY 2012, and $9,675 for FY 2013. 6. A budget amendment is recommended to the FY 2010 Budget for six months of costs and to the FY 2011 – FY 2013 County Executive Recommended for fiscal year costs as follows: Commissioners Minutes Continued. July 22, 2010 873 GENERAL FUND (#10100) Revenue FY 2010 FY 2011 FY 2012 4030501-116230-630539-40500 Dispatch Rev. $8,944 $18,156 $18,888 Total Revenues $8,944 $18,156 $18,888 Expenditures 4030501-116230-712020 Overtime $8,944 $18,156 $18,888 Total Expenditures $8,944 $18,156 $18,888 FINANCE COMMITTEE (The vote for this motion appears on page 878.) *REPORT (MISC. #10166) BY: Human Resources Committee, Sue Ann Douglas, 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: The Human Resources Committee having reviewed MR #10166 on July 14, 2010 reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing report. HUMAN RESOURCES COMMITTEE MISCELLANEOUS RESOLUTION #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 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 costs: Commissioners Minutes Continued. July 22, 2010 874 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 FISCAL NOTE (MISC. #10166) BY: Finance Committee, Tom Middleton, 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: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The District Court has revised its FY 2010, FY 2011 and FY 2012 budget task plan due to a reduction in revenue activity. 2. Division III – Rochester Hills has proposed the deletion of one (1) GF/GP part-time non-eligible Certified Electronic Operator position and one (1) GF/GP full-time eligible District Court Clerk II position which have been vacant since February 13, 2010 and the deletion of one (1) GF/GP full- time eligible District Court Clerk II and the creation of two (2) GF/GP part-time non-eligible District Court II positions which have been vacant since September 26, 2009. 3. Division IV – Troy Has proposed the deletion of one (1) GF/GP full-time eligible Court Clerk position which has been vacant since January 16, 2010. 4. The proposed position deletions and creations for FY 2011, FY 2012, and FY 2013 will be amended during the Finance Committee Budget Hearing process. 5. A budget amendment for FY 2010 is recommended as follows to reflect savings from vacant positions: GENERAL FUND (#10100) FY 2010 Expenditures 52/3 - Rochester Hills 3020401-121020-702010 Salaries Reg. ($17,481) 3020401-121020-722790 Social Security ( 1,730) 3020401-121020-722820 Unemployment Insurance 2 3020401-121020-722750 Workers Compensation 3,040 3020401-121020-722770 Retirement ( 7,731) 3020401-121020-722760 Group Life ( 87) 3020401-121020-722810 Disability ( 100) 3020401-121020-722780 Hospitalization ( 2,314) 3020401-121020-722800 Dental ( 233) 3020401-121020-722850 Optical ( 23) 3020405-113290-702010 Salaries Reg. ( 23,558) 3020405-113290-722790 Social Security ( 2,741) 3020405-113290-722820 Unemployment Insurance ( 11) 3020405-113290-722750 Workers Compensation 101 3020405-113290-722770 Retirement ( 12,485) 3020405-113290-722760 Group Life ( 141) 3020405-113290-722810 Disability ( 163) Commissioners Minutes Continued. July 22, 2010 875 3020405-113290-722780 Hospitalization ( 3,826) 3020405-113290-722800 Dental ( 378) 3020405-113290-722850 Optical ( 38) 52/4 - Troy 3020501-121020-702010 Salaries Reg ( 24,858) 3020501-121020-722790 Social Security ( 1,901) 3020501-121020-722820 Unemployment Insurance ( 50) 3020501-121020-722750 Workers Compensation ( 56) 3020501-121020-722770 Retirement ( 8,955) 3020501-121020-722760 Group Life ( 90) 3020501-121020-722810 Disability ( 105) 3020501-121020-722780 Hospitalization ( 2,669) 3020501-121020-722800 Dental ( 247) 3020501-121020-722850 Optical ( 25) 3020401-121020-740023 Budget Transition (Roch D/Ct Oper) 42,900 3020501-121020-740023 Budget Transition (Troy D/Ct Oper) 10,000 9010101-181000-740023 Budget Transition (Non Departmental) 55,953 Total Expenditures ($ 0) FINANCE COMMITTEE (The vote for this motion appears on page 878.) *REPORT (MISC. #10167) BY: Human Resources Committee, Sue Ann Douglas, 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: The Human Resources Committee having reviewed MR #10167 on July 14, 2010 reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing report. HUMAN RESOURCES COMMITTEE MISCELLANEOUS RESOLUTION #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. Commissioners Minutes Continued. July 22, 2010 876 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 FISCAL NOTE (MISC. #10167) BY: Finance Committee, Tom Middleton, 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: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Prosecuting Attorney’s Office proposed increases to their revenue line items to meet their FY 2010, 2011, and 2012 budget tasks. 2. In order to offset declining revenue expectations the Prosecutor’s Office proposes to reduce its expense budget by deleting one (1) GFGP FTE Assistant Prosecutor, position number 4010201- 122080-00421. 3. This position formerly supported the Narcotics Enforcement Team (NET) program was vacated as of April 1, 2010. 4. Resolution also proposed is to delete and create one (1) Office Assistant II position, and changing the position status from FTE to 2,000 hour PTNE. 5. Reductions to the Prosecuting Attorney’s revenue and expenditures as also included in the proposal. 6. The Prosecuting Attorney previously submitted budget amendments to offset the reduction in revenue activity with the FY 2010 2nd Quarter Forecast in the amount of $201,591, as well as other amendments with processing the County Executive Recommended Budget. 7. With the current proposal, an additional reduction of $41,909 is requested in revenues and expenditures for FY 2010, bringing the total reduction to $243,500 in revenues (Reimbursement General $80,000; Enhancement Funds, $163,500) and expenditures. 8. The FY 2010 Budget and FY 2011 – FY 2013 County Executive Recommended Budget is amended as follows: Amended Amended Amended GENERAL FUND (#10100) FY 2010 FY 2011 FY 2012 Revenue 4010101-122050-670285 Enhancement Funds ($41,909) ($102,740) ($102,740) Total Revenue ($41,909) ( ($102,740) ($102,740) Expenditures 4010201-122080-702010 Salaries ($26,239) ($ 64,325) ( $64,325) 4010201-122080-722750 Workers Comp. ( 58) ( 144) ( 144) 4010201-122080-722760 Group Life ( 94) ( 234) ( 234) 4010201-122080-722770 Retirement ( 8,247) ( 20,217) ( 20,217) 4010201-122080-722780 Hospitalization ( 4,540) ( 11,125) ( 11,125) 4010201-122080-722790 Social Security ( 2,007) ( 4,921) ( 4,921) 4010201-122080-722800 Dental ( 525) ( 1,287) ( 1,287) 4010201-122080-722810 Disability ( 102) ( 249) ( 249) 4010201-122080-722820 Unemployment Ins. ( 52) ( 129) ( 129) 4010201-122080-722850 Optical ( 45) ( 109) ( 109) Total Expenditures ($41,909) ($102,740) ($102,740) FINANCE COMMITTEE (The vote for this motion appears on page 878.) Commissioners Minutes Continued. July 22, 2010 877 *REPORT (MISC. #10168) BY: Human Resources Committee, Sue Ann Douglas, 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: The Human Resources Committee having reviewed MR #10168 on July 14, 2010 reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing report. HUMAN RESOURCES COMMITTEE Oakland County Sheriff’s Department 2010 Law Enforcement Services Agreement with Charter Township of Brandon Incorporated by Reference. Original on file in County Clerk’s office. 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. FISCAL NOTE (MISC. #10168) BY: Finance Committee, Tom Middleton, 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: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: Commissioners Minutes Continued. July 22, 2010 878 1. The Charter Township of Brandon has requested amendment #1 to the law enforcement contract for calendar year 2010 with the Oakland County Sheriff’s Office. 2. Miscellaneous Resolution #09256 authorized the established rates and contract language for calendar year 2010, and the rates stated in this agreement are consistent with the rates established by this resolution. 3. This amendment takes effect July 1, 2010. 4. The Township of Brandon is requesting that one (1) GF/GP Deputy II (Patrol Investigator) 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, reducing the number of contacted positions at this community from 14 to 12. 5. One (1) semi-marked vehicle with radio is deleted. 6. The FY 2010 Budget and FY 2011 – FY 2012 County Executive Recommended Budget is amended as follows: GENERAL FUND (#10100) Revenues FY 2010 FY 2011 FY 2012 4030601-116180-632093 Sher. Spec. Deputy ($117,497) ($234,994) ($234,994) Total Revenues ($117,497) ($234,994) ($234,994) Expenditures 4030601-116180-702010 Salaries ($ 61,717) ($123,433) ($123,433) 4030601-116180-712020 Overtime ( 9,897) ( 19,795) ( 19,795) 4030601-116180-722790 Social Sec. ( 4,722) ( 9,443) ( 9,443) 4030601-116180-722770 Retirement ( 21,218) ( 42,435) ( 42,435) 4030601-116180-722780 Hospitalization ( 9,659) ( 19,318) ( 19,318) 4030601-116180-722760 Group Life ( 215) ( 430) ( 430) 4030601-116180-722750 Workers Comp ( 1,609) ( 3,217) ( 3,217) 4030601-116180-722810 Disability ( 187) ( 375) ( 375) 4030601-116180-722820 Unemployment ( 271) ( 543) ( 543) 4030601-116180-722800 Dental ( 875) ( 1,751) ( 1,751) 4030601-116180-722850 Optical ( 13) ( 26) ( 26) 4030601-116180-776661 Motor Pool ( 4,920) ( 9,840) ( 9,840) 4030601-116180-750070 Deputy Supplies ( 393) ( 786) ( 786) 4030601-116180-750581 Uniforms ( 491) ( 982) ( 982) 4030601-116180-730653 Equip Rental ( 552) ( 1,104) ( 1,104) 4030601-116180-774677 Insurance Fund ( 595) ( 1,190) ( 1,190) 4030601-116180-773535 CLEMIS ( 163) ( 326) ( 326) Total Expenditures ($117,497) ($234,994) ($234,994) FINANCE COMMITTEE Vote on Consent Agenda: AYES: Burns, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Scott, Taub, Zack, Bullard. (19) NAYS: None. (0) ABSTAIN: Schwartz. (1) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). Commissioner Middleton stated there were no items to report on the Regular Agenda for the Finance Committee. REPORT (MISC. #10125) BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – RESOLUTION IN SUPPORT OF HOUSE BILL 6092 TO INCREASE OAKLAND COUNTY’S SHARE OF WATERCRAFT REGISTRATION FEES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Commissioners Minutes Continued. July 22, 2010 879 The General Government Committee, having considered the above titled resolution on July 12, 2010, hereby recommends that the resolution be amended to incorporate those paragraphs in MR #10151 that do not contain redundancies as follows: MISCELLANEOUS RESOLUTION #10125 BY: Tim Greimel, Tim Burns, Christine Long, Michael Gingell IN RE: BOARD OF COMMISSIONERS – RESOLUTION IN SUPPORT OF HOUSE BILL 6092 TO INCREASE OAKLAND COUNTY’S SHARE OF WATERCRAFT REGISTRATION FEES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County has over 450 lakes and approximately 90,000 registered boats; and WHEREAS Oakland County has the most registered boats in the state; and WHEREAS Oakland County Marine Division had a sergeant, two full time deputies, 45 part- time deputies and 30 boats on 24 Oakland County lakes in 2009; and WHEREAS Oakland County only receives approximately 25 cents on the dollar on what Oakland County watercraft owners send to the State of Michigan in watercraft registration fees; and WHEREAS Oakland County is not receiving its fair share of watercraft registration fees; and WHEREAS this unfair allocation of watercraft registration fees has contributed to the Oakland County Sheriff Department’s decision to no longer regular marine patrols on Oakland County’s lakes free-of-charge to Oakland County’s municipalities; and WHEREAS the Oakland County Sheriff Department had to cut $13.3 million dollars out of their budget due to falling revenue; and WHEREAS of the $13.3 million dollars the Sheriff cut from the budget, $1.4 million was for the Marine Division; and WHEREAS it is the responsibility of the State of Michigan, Department of Natural Resources (DNR) to patrol inland lakes; and WHEREAS the DNR has two (2) DNR Officers for all of Oakland County; and WHEREAS State Representative Eileen Kowall has introduced House Bill 6092 to ensure that at least 49 percent of all watercraft registration fees are returned to counties to fund marine safety education and marine patrols; and WHEREAS House Bill 6092 would also require the Michigan Department of Natural Resources and Environment to use a transparent funding formula in determining how much money each county receives in watercraft registration fees. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby supports House Bill 6092, encourages both houses of the Michigan Legislature to pass it, and encourages Governor Jennifer Granholm to sign it 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, TIM BURNS, DAVID COULTER, GARY McGILLIVRAY, HELAINE ZACK, ERIC COLEMAN, DAVID WOODWARD, MARCIA GERSHENSON, JIM NASH, CHRISTINE LONG, MATTIE HATCHETT, SHELLEY TAUB, MICHAEL GINGELL Moved by Long supported by Greimel the resolution be adopted. Moved by Long supported by Greimel the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Long supported by Greimel the resolution be amended to coincide with the recommendation in the General Government Committee Report. Commissioners Minutes Continued. July 22, 2010 880 A sufficient majority having voted in favor, the amendment carried. Vote on resolution, as amended: AYES: Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Schwartz, Scott, Taub, Zack, Bullard, Burns. (21) NAYS: None. (0) A sufficient majority having voted in favor, the resolution, as amended, was adopted. REPORT (MISC. #10148) BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – RESOLUTION IN SUPPORT OF HOUSE BILL 5814 TO MAKE THE PROCESS BY WHICH TO APPEAL PROPERTY TAX ASSESSMENTS FAIRER To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered the above titled resolution on July 12, 2010, hereby recommends that the resolution be amended in the fourth WHEREAS to insert the word “calendar” between “30” and “days.” Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #10148 BY: Commissioners Tim Burns, District #19, and Tim Greimel, District #11 IN RE: BOARD OF COMMISSIONERS – RESOLUTION IN SUPPORT OF HOUSE BILL 5814 TO MAKE THE PROCESS BY WHICH TO APPEAL PROPERTY TAX ASSESSMENTS FAIRER To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the process by which Michigan property owners appeal property tax assessments is complicated and can be confusing; and WHEREAS many Michigan property owners are concerned about their property tax assessments during this time of declining property values; and WHEREAS property owners deserve to have ample time to seek a fair adjudication of disputes over the tax assessments on their property; and WHEREAS Michigan House Bill 5814 would require that notices of property tax assessments be mailed to property owners at least 30 days in advance of the meeting of the board of review, instead of only 10 days in advance as required by current law. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby supports House Bill 5814, encourages the state House of Representatives and the state Senate to pass it, and encourages Governor Jennifer Granholm to sign it 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, TIM BURNS, TOM MIDDLETON Moved by Long supported by Burns the resolution be adopted. Moved by Long supported by Burns the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Long supported by Burns the resolution be amended to coincide with the recommendation in the General Government Committee Report. Commissioners Minutes Continued. July 22, 2010 881 A sufficient majority having voted in favor, the amendment carried. Vote on resolution, as amended: AYES: Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Schwartz, Scott, Taub, Zack, Bullard, Burns, Coulter. (21) NAYS: None. (0) A sufficient majority having voted in favor, the resolution, as amended, was adopted. REPORT (MISC. #10150) BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – RESOLUTION IN SUPPORT OF SB 803 TO MAKE PROPERTY TAX ASSESSMENTS FAIRER AND MORE ACCURATE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered the above titled resolution on July 12, 2010, hereby recommends that the resolution be amended to insert a first BE IT FURTHER RESOLUTION paragraph as follows: BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners encourages the legislature to define “the calendar year.” Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #10150 BY: Commissioners Tim Burns, District #19, and Tim Greimel, District #11 IN RE: BOARD OF COMMISSIONERS – RESOLUTION IN SUPPORT OF SB 803 TO MAKE PROPERTY TAX ASSESSMENTS FAIRER AND MORE ACCURATE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS many Michigan property owners are concerned about their property tax assessments during this time of declining property values; and WHEREAS some property tax assessments may not reflect the overall decline in prices in the property market or the most up-to-date comparable property values; and WHEREAS Michigan Senate Bill 803 seeks to address these concerns by mandating that “the Department of Treasury shall require assessors to use a sales ratio study based on the calendar year in determining assessments”. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby supports Michigan Senate Bill 803, encourages the state Senate and state House of Representatives to pass them, and encourages Governor Jennifer Granholm to sign the resulting legislation 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, TIM BURNS Moved by Long supported by Burns the resolution be adopted. Moved by Long supported by Burns the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Long supported by Burns the resolution be amended to coincide with the recommendation in the General Government Committee Report. Commissioners Minutes Continued. July 22, 2010 882 A sufficient majority having voted in favor, the amendment carried. Vote on resolution, as amended: AYES: Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Schwartz, Scott, Taub, Zack, Bullard, Burns, Coulter, Douglas. (21) NAYS: None. (0) A sufficient majority having voted in favor, the resolution, as amended, was adopted. REPORT BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – APPOINTMENTS TO THE LIBRARY BOARD To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee having met on July 12, 2010 and having received the Circuit Court’s required recommendation for appointment to this Library Board seat, recommends that Gene Schnelz be appointed to complete the term ending August 23, 2014. The General Government Committee also recommends that Shelley Taub be appointed to complete the term ending August 23, 2013. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Copy of Correspondence from Nanci Grant, Chief Circuit Court Judge, regarding the Oakland County Library Board Appointment on file in County Clerk’s office. MISCELLANEOUS RESOLUTION #10181 BY: Human Resources Committee, Sue Ann Douglas, Chairperson IN RE: BOARD OF COMMISSIONERS – JURY BOARD PER DIEM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Public Act 236 of 1961 provides for the creation of Jury Boards and “in counties having a population of less than 2,000,000, the jury board consists of 3 qualified electors of the county appointed by the county board of commissioners on recommendation of the circuit judges of the judicial circuit in which the county is situated, not more than 2 of whom shall be members of the same political party. The appointments shall be for 6-year terms”; and WHEREAS MCL 600.1302 provides that, “The jury board shall elect annually from its members a president and secretary. The members of the board shall be paid an annual salary in an amount fixed by the board of commissioners or, instead of an annual salary, be paid an amount fixed by the board of commissioners for each day of service”; and WHEREAS Oakland County’s compensation for Jury Board members is currently a flat annual rate of $4,454; and WHEREAS the Oakland County Human Resources Department conducted a survey of Jury Boards within seven large counties. All of the counties surveyed compensate their Jury Board members on either a “per day” or “per meeting” basis; and WHEREAS it is recommended that the compensation for the Oakland County Jury Board members be amended from a flat annual rate of $4,454 to a per diem of $75.00 per day of service. WHEREAS compensation can not be changed during a Jury Board member’s six-year term. Therefore, the new per diem of $75 per day of service will go into effect upon the appointment or re-appointment. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby establishes a per diem rate of $75.00 per day of service for the Oakland County Jury Board members. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners establishes that the new per diem rate of $75 per day of service will be reflected in the Salary Schedule and go into effect upon the appointment or re-appointment. Commissioners Minutes Continued. July 22, 2010 883 BE IT FURTHER RESOLVED that as Jury Board members convert to per diem status the positions will be deleted accordingly. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to Oakland County’s Circuit Court Judges and the currently serving members of the Oakland County Jury Board. Chairperson, on behalf of the Human Resources Committee, we move the adoption of the foregoing resolution. HUMAN RESOURCES COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL REPORT (MISC. #10162) BY: Finance Committee, Tom Middleton, 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: The Finance Committee having considered the above titled resolution on July 15, 2010, hereby recommends that the resolution be adopted with the following amendment to the NOW THEREFORE BE IT RESOLVED paragraph: 2. The blanks therein continuedCONTAINED 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. FINANCE COMMITTEE 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. Commissioners Minutes Continued. July 22, 2010 884 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 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 Commissioners Minutes Continued. July 22, 2010 885 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. 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 Commissioners Minutes Continued. July 22, 2010 886 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, 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 Commissioners Minutes Continued. July 22, 2010 887 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. (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: Commissioners Minutes Continued. July 22, 2010 888 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 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 Commissioners Minutes Continued. July 22, 2010 889 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:________________________________ 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 Commissioners Minutes Continued. July 22, 2010 890 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 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. FISCAL NOTE (MISC. #10162) BY: Finance Committee, Tom Middleton, 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: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The resolution authorizes the Sublease between the County of Oakland and the City of Keego Harbor relating to the acquisition of the Keego Harbor City Hall and the Keego Harbor DPW Building in Keego Harbor for an amount not to exceed $1,120,000. 2. The term of the Sublease is for up to thirty-one (31) years after the acquisition of the project; the Sublease cannot be completed and executed until the bonds are sold. Commissioners Minutes Continued. July 22, 2010 891 3. The Sublease specifies that the City of Keego Harbor is to pay the County of Oakland at least 30 days before each bond payment date an amount sufficient to pay the principal and/or interest due. 4. No budget amendment is required. FINANCE COMMITTEE Moved by Scott supported by Middleton the resolution (with fiscal note attached) be adopted. Moved by Scott supported by Middleton the Finance Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Scott supported by Middleton the resolution be amended to coincide with the recommendation in the Finance Committee Report. A sufficient majority having voted in favor, the amendment carried. Vote on resolution, as amended: AYES: Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Schwartz, Scott, Taub, Zack, Bullard, Burns, Coulter, Douglas, Gershenson, Gingell, Gosselin. (21) NAYS: None. (0) A sufficient majority having voted in favor, the resolution, as amended, was adopted. MISCELLANEOUS RESOLUTION #10182 BY: Planning and Building Committee, John Scott, Chairperson IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION APPROVING PROJECT PLAN (CRANBROOK EDUCATIONAL COMMUNITY PROJECT) - CITY OF BLOOMFIELD HILLS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Economic Development Corporation of the County of Oakland (the "EDC") has recommended that the Board of Commissioners approve the Project Plan required by the Economic Development Corporations Act (the "Act") for the captioned Project, a copy of which has been presented to this meeting (the "Project Plan"); and WHEREAS the EDC's recommendations to the Board of Commissioners were based upon its determinations that the Project is reasonable and necessary to effectuate the purposes of the Act, that the Project Plan satisfies all of the requirements of the Act regarding project plans and that a letter of credit issued by a financial institution acceptable to the EDC will be available to pay debt service; and WHEREAS the governing body of the City of Bloomfield Hills, Oakland County, Michigan, has also approved the Project Plan and given its consent to the exercise of jurisdiction over the Project by the EDC; and WHEREAS the Board of Commissioners has held a public hearing to consider whether the Project Plan constitutes a public purpose as contemplated by the Act; and WHEREAS the Board of Commissioners, following such public hearing and its review of the Project Plan, hereby certifies, approves and concurs in the determinations of the EDC with respect thereto. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby determines that the Project Plan constitutes a public purpose as contemplated by the Act. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby certifies and approves the Project Plan. BE IT FURTHER RESOLVED that the EDC is hereby authorized to take such steps as are necessary to implement the Project and the financing thereof by the issuance of its limited obligation revenue bonds as contemplated by the Project Plan. BE IT FURTHER RESOLVED that the County Clerk is hereby directed to provide four certified copies of this resolution to the Assistant Secretary of the Board of the EDC. Commissioners Minutes Continued. July 22, 2010 892 Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of the Project Plan on file in County Clerk’s office. Moved by Scott supported by Potts the resolution be adopted. Discussion followed. AYES: Gosselin, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Scott, Taub, Zack, Bullard, Burns, Coulter, Douglas, Gershenson, Gingell. (19) NAYS: Greimel. (1) ABSTAIN: Schwartz. (1) A sufficient majority having voted in favor, the resolution was adopted. Commissioner Scott set a Public Hearing for August 4, 2010 at 7:10 p.m. – Issuance of EDC Bonds for the Lawrence Technological University Project. FISCAL REPORT (MISC. #10164) BY: Finance Committee, Tom Middleton, 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: The Finance Committee having considered the above titled resolution on July 15, 2010, hereby recommends that the resolution be adopted with the following amendment: 1. In the 2nd BE IT THEREFORE RESOLVED paragraph, strike the date July 1, 2010 and enter June 1, 2010 to agree with the date as reflected in the contract agreement in section 10.4.1. FINANCE COMMITTEE 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. 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 Commissioners Minutes Continued. July 22, 2010 893 Copy of Contract for Auxiliary Sheriff’s Deputy Services in the City of Royal Oak on file in County Clerk’s office. FISCAL NOTE (MISC. #10164) BY: Finance Committee, Tom Middleton, 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: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. 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 on an overtime basis. 2. Miscellaneous Resolution #09257 authorized the established rates and contract language for calendar year 2010; the rates stated in this agreement are consistent with the rates established by this resolution. 3. The dates of the agreement are June 1, 2010 through December 31, 2010. 4. The City of Royal Oak is not requesting any changes of positions, or the purchase of new capital assets. 5. Sufficient operating revenues and expenses are included in the FY 2010 Budget and the FY 2011County Executive Recommended Budget. 6. Operating revenues and expenses will be reviewed yearly pending the renewal of this contract. 7. No additional appropriation is required. FINANCE COMMITTEE Moved by Runestad supported by Zack the resolution (with fiscal note attached) be adopted. Moved by Runestad supported by Zack the Finance Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Runestad supported by Zack the resolution be amended to coincide with the recommendation in the Finance Committee Report. A sufficient majority having voted in favor, the amendment carried. Vote on resolution, as amended: AYES: Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Schwartz, Scott, Taub, Zack, Bullard, Burns, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel. (21) NAYS: None. (0) A sufficient majority having voted in favor, the resolution, as amended, was adopted. FISCAL REPORT (MISC. #10169) BY: Finance Committee, Tom Middleton, 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: The Finance Committee having considered the above titled resolution on July 15, 2010, hereby recommends that the resolution be adopted with the following amendment: 1. In the 3rd BE IT FURTHER RESOLVED paragraph, strike the date May 28, 2010 and enter May 1, 2010 to agree with the date as reflected in the revised contract agreement in paragraph 20. FINANCE COMMITTEE Commissioners Minutes Continued. July 22, 2010 894 REPORT (MISC. #10169) BY: Human Resources Committee, Sue Ann Douglas, 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: The Human Resources Committee having reviewed MR #10169 on July 14, 2010 reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing report. HUMAN RESOURCES COMMITTEE MISCELLANEOUS RESOLUTION #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. 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 Oakland County Sheriff’s Office 2010 Marine Patrol Services Agreement with the Charter Township of White Lake Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #10169) BY: Finance Committee, Tom Middleton, 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: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Charter Township of White Lake has requested that the Oakland County Sheriff Department’s Marine Safety Division provide marine patrol services for lakes in this community. 2. This resolution authorizes marine patrol services per contract language; the rates for marine services are consistent with the rates established by Attachment A of this resolution. 3. The dates of the agreement are May 1, 2010 through September 30, 2010. Commissioners Minutes Continued. July 22, 2010 895 4. The Village of White Lake is requesting the creation of one (1) GFGP PTNE 250 hours/year Marine Safety Deputy I position be created in the Sheriff’s Office/Patrol Services/Marine Safety Unit. 5. The FY 2010 and FY 2011 – FY 2012 County Executive Recommended Budget is amended as follows: GENERAL FUND (#10100) Revenues FY 2010 FY 2011 FY 2012 4030601-116200-626619 Marine Safety $ 7,795 $ 7,795 $ 7,795 Total Revenues $ 7,795 $ 7,795 $ 7,795 Expenditures 4030601-116200-702010 Salaries $ 4,555 $ 4,555 $ 4,555 4030601-116200-722790 Social Sec. 158 158 158 4030601-116200-722750 Workers Comp 24 24 24 4030601-116200-722820 Unemployment 4 4 4 4030601-116200-750070 Deputy Supplies 193 193 193 4030601-116200-750581 Uniforms 238 238 238 4030601-116200-760051 Misc. Cap’l Boats 750 750 750 4030601-116200-730646 Equip Maint. 373 373 373 4030601-116200-776659 Motor Pool Fuel 1,500 1,500 1,500 Total Expenditures $ 7,795 $ 7,795 $ 7,795 FINANCE COMMITTEE Moved by Runestad supported by Middleton the resolution (with fiscal note attached) be adopted. Moved by Runestad supported by Middleton the Finance Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Runestad supported by Middleton the resolution be amended to coincide with the recommendation in the Finance Committee Report. A sufficient majority having voted in favor, the amendment carried. Vote on resolution, as amended: AYES: Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Schwartz, Scott, Taub, Zack, Bullard, Burns, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett. (21) NAYS: None. (0) A sufficient majority having voted in favor, the resolution, as amended, was adopted. FISCAL REPORT (MISC. #10170) BY: Finance Committee, Tom Middleton, 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: The Finance Committee having considered the above titled resolution on July 15, 2010, hereby recommends that the resolution be adopted with the following amendment: 1. Substitute the attached revised agreement, which reflects modifications as requested and approved by Michigan Municipal Risk Management Authority (MMRMA) in paragraphs 16, 17, and 18 of the agreement. 2. In the 3rd BE IT FURTHER RESOLVED paragraph, strike the date May 27, 2010 and enter June 1, 2010 to agree with the date as reflected in the revised contract agreement in paragraph 20. FINANCE COMMITTEE Commissioners Minutes Continued. July 22, 2010 896 REPORT (MISC. #10170) BY: Human Resources Committee, Sue Ann Douglas, 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: The Human Resources Committee having reviewed MR #10170 on July 14, 2010 reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing report. HUMAN RESOURCES COMMITTEE MISCELLANEOUS RESOLUTION #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 Oakland County Sheriff’s Office 2010 Marine Patrol Services Agreement with the Charter Township of Highland Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #10170) BY: Finance Committee, Tom Middleton, 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: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Charter Township of Highland has requested that the Oakland County Sheriff Department’s Marine Safety Division provide marine patrol services for the lakes in this community. 2. This resolution authorizes marine patrol services per contract language; the rates for marine services are consistent with the rates established by Attachment A of this resolution. 3. The dates of the agreement are June 1, 2010 through September 30, 2010. 4. The Charter Township of Highland is requesting the creation of one (1) GFGP PTNE 250 hours/year Marine Safety Deputy I position be created in the Sheriff’s Office/Patrol Services/Marine Safety Unit. Commissioners Minutes Continued. July 22, 2010 897 5. The budget for FY 2010 and the FY 2011 – FY 2012 County Executive Recommended Budget is amended as follows: GENERAL FUND (#10100) Revenues FY 2010 FY 2011 FY 2012 4030601-116200-626619 Marine Safety $ 7,795 $ 7,795 $ 7,795 Total Revenues $ 7,795 $ 7,795 $ 7,795 Expenditures 4030601-116200-702010 Salaries $ 4,555 $ 4,555 $ 4,555 4030601-116200-722790 Social Sec. 158 158 158 4030601-116200-722750 Workers Comp 25 25 25 4030601-116200-722820 Unemployment 4 4 4 4030601-116200-750070 Deputy Supplies 193 193 193 4030601-116200-750581 Uniforms 238 238 238 4030601-116200-760051 Misc. Cap’l Boats 750 750 750 4030601-116200-730646 Equip Maint. 372 372 372 4030601-116200-776659 Motor Pool Fuel 1,500 1,500 1,500 Total Expenditures $ 7,795 $ 7,795 $ 7,795 FINANCE COMMITTEE Moved by Runestad supported by Middleton the resolution (with fiscal note attached) be adopted. Moved by Runestad supported by Middleton the Finance Committee Report and the Human Resources Committee Report be accepted. A sufficient majority having voted in favor, the reports were accepted. Moved by Runestad supported by Middleton the resolution be amended to coincide with the recommendation in the Finance Committee Report. A sufficient majority having voted in favor, the amendment carried. Vote on resolution, as amended: AYES: Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Schwartz, Scott, Taub, Zack, Bullard, Burns, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson. (21) NAYS: None. (0) A sufficient majority having voted in favor, the resolution, as amended, was adopted. Commissioner Dave Coulter withdrew his motion to discharge MR #09129 – Board of Commissioners – Authorizing Inter-Governmental Transfer to Expand Access to Health Care for Oakland County Residents, and Contracting Administration of County’s Indigent Hospitalization Program with Oakland Health Plan, Inc. from the General Government and Finance Committees, and gave notice that he plans to discharge the resolution at the next regular Board Meeting on August 4, 2010. MISCELLANEOUS RESOLUTION #10183 BY: Commissioner Bradford C. Jacobsen, District #1 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2010 APPROPRIATION – GROVELAND TOWNSHIP GRAVEL ROAD PROGRAM PROJECT NO. 50502 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 22, 2010 898 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 Groveland Township, 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 Groveland Township and said appropriation has been transferred to a specific project account; and WHEREAS Groveland Township 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 Groveland Township $14,299. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by Groveland Township 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 Groveland Township. Chairperson, I move the adoption of the foregoing resolution. BRADFORD JACOBSEN Copy of Communication from Patricia Z. Wierzbicki, Deputy-Secretary/Clerk of the Board of the Road Commission for Oakland County regarding Groveland Township 2010 Gravel Road Program. Project No. 50502 on file in County Clerk’s Office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #10184 BY: Commissioner Bradford C. Jacobsen, District #1 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2010 APPROPRIATION – GROVELAND TOWNSHIP GRAVEL ROAD PROGRAM PROJECT NO. 50532 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 22, 2010 899 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 Groveland Township, 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 Groveland Township and said appropriation has been transferred to a specific project account; and WHEREAS Groveland Township 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 Groveland Township $19,833. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by Groveland Township 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 Groveland Township. Chairperson, I move the adoption of the foregoing resolution. BRADFORD JACOBSEN Copy of Communication from Patricia Z. Wierzbicki, Deputy-Secretary/Clerk of the Board of the Road Commission for Oakland County regarding Oakland Township 2010 Gravel Road Program. Program 50532 on file in County Clerk’s Office. The Chairperson referred the resolution to the Finance Committee. There were no objections. Commissioner Tim Greimel gave notice that he plans to discharge MR #09128 – Board of Commissioners – Incorporating “Buy Oakland; Buy Local First” Policy in Purchasing Procedures from the Finance Committee at the next regular Board Meeting on August 4, 2010. The Board adjourned at 10:58 a.m. to the call of the Chair or August 4, 2010, at 7:00 p.m. RUTH JOHNSON BILL BULLARD, JR. Clerk Chairperson