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HomeMy WebLinkAboutMinutes - 2010.12.09 - 71091172 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES December 9, 2010 Meeting called to order by Chairperson Bill Bullard, Jr. at 9:30 a.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Bullard, Burns, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack. (23) ABSENT: Capello. (1) Quorum present. Invocation given by Christine Long. Pledge of Allegiance to the Flag. Moved by Gosselin supported by Nash the minutes of the November 18, 2010 Board Meeting be approved. A sufficient majority having voted in favor, the minutes were approved as printed. Moved by Schwartz supported by Jacobsen the agenda be amended, to move Public Services items (c thru n) from Consent Agenda to Regular Agenda: c. Sheriff’s Office – Standard Law Enforcement Services Agreement with the Township of Addison, January 1, 2011 – December 31, 2011 d. Sheriff’s Office – Standard Law Enforcement Services Agreement with the Charter Township of Brandon, January 1, 2011 – December 31, 2011 e. Sheriff’s Office – Standard Law Enforcement Services Agreement with the Charter Township of Commerce, January 1, 2011 – December 31, 2011 f. Sheriff’s Office – Standard Law Enforcement Services Agreement with the Charter Township of Highland, January 1, 2011 – December 31, 2011 g. Sheriff’s Office – Standard Law Enforcement Services Agreement with the Charter Township of Independence, January 1, 2011 – December 31, 2011 h. Sheriff’s Office – Standard Law Enforcement Services Agreement with the Charter Township of Lyon, January 1, 2011 – December 31, 2011 i. Sheriff’s Office – Standard Law Enforcement Services Agreement with the Charter Township of Oakland, January 1, 2011 – December 31, 2011 j. Sheriff’s Office – Standard Law Enforcement Services Agreement with the Charter Township of Orion, January 1, 2011 – December 31, 2011 k. Sheriff’s Office – Standard Law Enforcement Services Agreement with the Charter Township of Oxford, January 1, 2011 – December 31, 2011 l. Sheriff’s Office – Standard Law Enforcement Services Agreement with the City of Rochester Hills, January 1, 2011 – December 31, 2011 Commissioners Minutes Continued. December 9, 2010 1173 m. Sheriff’s Office – Standard Law Enforcement Services Agreement with the Charter Township of Royal Oak , January 1, 2011 – December 31, 2011 n. Sheriff’s Office – Standard Law Enforcement Services Agreement with the Charter Township of Springfield, January 1, 2011 – December 31, 2011 Moved by Jacobsen supported by Coulter the agenda be amended as follows: ITEMS NOT ON BOARD AGENDA FINANCE COMMITTEE f. Department of Management and Budget – 2010 Apportionment of Local Tax Rates (Reason for Suspension of Finance Committee, item f.: Waiver of Rule III – Resolution was taken up by the Finance Committee immediately prior to today’s Board meeting). Vote on agenda, as amended: AYES: Bullard, Burns, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack. (23) NAYS: None. (0) A sufficient majority having voted in favor, the amended agenda was approved. Chairperson Bill Bullard, Jr., acknowledged all the Circuit/Probate Judges that were present. Oakland County Clerk – Register of Deeds, Ruth Johnson, gave the Oath of Office to the following Judges: Colleen A. O’Brien, Daniel Patrick O’Brien, and Joan E. Young. Commissioners Michael Gingell, Bradford Jacobsen, and Chairperson Bill Bullard, Jr., presented a Proclamation to the Lake Orion High School Boys Football Team, honoring them for the 21-13 victory over the Plymouth Wildcats on November 27, 2010 at Ford Field which represents the first State Division I Football Championship in the history of Lake Orion High School. Commissioner Steven Schwartz presented a Proclamation to Congregation B’Nai Moshe, honored for all contributed to the well-being of the general community of Oakland County through its members’ charitable works, service in the armed forces and achievements in the public, non-profit and private sectors. Chairperson Bill Bullard, Jr., and County Executive, L. Brooks Patterson presented a Proclamation to the Honorable – Judge John J. McDonald, of the Sixth Judicial Circuit Court, honoring his professional career, being an advocate for justice, serving as Oakland County’s Assistant Prosecutor for three years in the 1970’s. His illustrious career includes twenty years of private practice as a lawyer and fourteen years of serving as an Oakland county Commissioner from 1974 to 1988. The Honorable Judge - John J. McDonald addressed the Board. Chairperson Bill Bullard, Jr., and County Executive, L. Brooks Patterson presented a Proclamation to the Honorable – Chief Probate Judge - Eugene Arthur Moore, honoring him for serving with distinction throughout his illustrious career. Serving on numerous professional organizations, boards and committees, he has given of his time and talent to enhance organizations, like the Michigan Trial Court Assessment Commission, the National Council of Juvenile and Family Court Judges and the Michigan Probate Judges Association. Sharing his leadership abilities and knowledge with many non-profit organizations, such as, Crossroads for Youth and serving on the Governor’s Task Force on Child Abuse and Neglect, which are only a few organizations that have benefited from his many immeasurable contributions. The Honorable - Chief Probate Judge – Eugene Arthur Moore addressed the Board. Commissioners Minutes Continued. December 9, 2010 1174 Chairperson Bill Bullard, Jr., and County Executive, L. Brooks Patterson presented a Proclamation to Richard Skarritt, honoring him for providing superior support to members of the Oakland County Board of Commissioners – where he himself once served – in addressing road related issues within individual districts; and as a Parks and Recreation Commissioner has been instrumental in expanding the Parks system and in maintaining the high standards of safety, service and quality of Oakland County’s parks. Richard Skarritt – Oakland County Parks and Recreation Commission and Road Commission addressed the Board. Chairperson Bill Bullard, Jr., and County Executive, L. Brooks Patterson presented Service Awards to the following Commissioners: Tim Burns, Kim Capello, Eric Coleman, David Coulter, Sue Ann Douglas, Bradford Jacobsen, and Steven Schwartz. The Commissioners mentioned above individually addressed the Board, except Kim Capello who was not in attendance. The following people addressed the Board during public comment: Mary Storm, Angela Monroe, Mary Pietila – Councilwoman for the City of Pontiac, George Williams – Councilman for the City of Pontiac, Valard Gross – Chief of Police for the City of Pontiac, Josephine Fagan – Sergeant for the City of Pontiac, Kermit Williams – Councilman for the City of Pontiac, Patrice Waterman – Councilwoman for the City of Pontiac, Lee Jones – Councilman for the City of Pontiac, Kevin Harris – Police Officer for the City of Pontiac, Dave Alley – Representation from Comcast Cable, Bill Garrett – School Board Trustee for the City of Pontiac, Bob Kittle – Councilman for the City of Auburn Hills, Leon Jukowski – Mayor of the City of Pontiac, Ken Glass – Deputy Mayor for the City of Pontiac, Leslie Stanley, Warren Rogers, Sherrie C. Ross – Attorney, Derrick Johnson, Commissioner Jim Runestad, City of Pontiac Financial Manager Attorney, Randy Carter – Councilman for the City of Pontiac, Kinney Corr, Robert Bass – School Board for the City of Pontiac, Casey Crampton – Former Police Officer for the City of Pontiac, Evelyn LaDuff, Rochelle Brady – President of the City of Pontiac Police Association and Dispatch. Moved by Middleton supported by Coleman 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 1203. The resolutions on the Consent Agenda follow (annotated by an asterisk {*}): REPORT #10310 BY: Finance Committee, Thomas Middleton, Chairperson IN RE: – BOARD OF COMMISSIONERS – SUPPORT FOR CONSTRUCTION ZONE PROPERTY TAX RELIEF BILL To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above referenced resolution on December 2, 2010, reports with the recommendation that the resolution be adopted. Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report. FINANCE COMMITTEE *MISCELLANEOUS RESOLUTION #10310 BY: Commissioners Shelley G. Taub, District #16; Bill Bullard, Jr., District #2 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR CONSTRUCTION ZONE PROPERTY TAX RELIEF BILL To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County Executive L. Brooks Patterson requested the Michigan legislature to consider proposals to provide property tax relief to businesses that are negatively impacted by construction zones anywhere in Michigan; and WHEREAS the proposal recommended that local communities should have the option to reduce property taxes up to 50% for businesses struggling financially from the impact of construction zones; and WHEREAS House Bill 6572, known as the "Adverse Construction Specific Tax Act," requires a major infrastructure construction project last at least three months its first year and at least two months if it extends into a second year in order for a business to be eligible for reduced property taxes. This will not Commissioners Minutes Continued. December 9, 2010 1175 include projects performed on interstate highways. A business impacted adversely by major construction will be able to apply for an exemption with its local assessor or clerk of the local tax collecting unit; and WHEREAS House Bill 6571 adds section 700 to MCL 211.1 to 211.155 (the General Property Tax Act), allowing governing bodies of local tax collecting units to adopt a resolution to exempt real and personal property owned or leased by an eligible business; and WHEREAS if adopted, the two proposed bills will then allow local governing bodies to adopt a resolution allowing businesses within a significant infrastructure construction project to only pay the reduced adverse construction specific tax, which would amount to a 50% reduction in their general property tax; and WHEREAS if adopted, local governmental units would have the option of extending this tax relief to their local businesses which are impacted by major construction zones. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, hereby proclaim their support for House Bills 6571 and 6572 – the Adverse Construction Specific Tax Act – which provides local units of governments with the opportunity to provide tax relief to local businesses which are negatively impacted by major construction projects. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners requests that the proposed legislation holds local taxing jurisdictions harmless from the decrease in revenues associated with providing property tax relief to businesses that are negatively impacted by construction zones, by having the State of Michigan reimburse those local units. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to Oakland County Executive L. Brooks Patterson, State Representative Gail Haines, the House Committee on Tax Policy, Oakland County’s delegation to the Michigan legislature, the Clerks for Oakland County’s Cities, Villages and Townships, the Oakland County Chamber Network, the Michigan Association of Counties and Oakland County’s legislative lobbyists. Chairperson, we move the adoption of the foregoing resolution. SHELLEY TAUB, BILL BULLARD, DAVID POTTS, JOHN SCOTT, JIM NASH, CHRISTINE LONG, ROBERT GOSSLEIN, MICHAEL GINGELL, THOMAS MIDDLETON, BRADFORD JACOBSEN, BILL BULLARD (The vote for this motion appears on page 1203.) *MISCELLANEOUS RESOLUTION #10311 BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – E-COMMERCE AGREEMENT WITH THE IDENTIFIED CITIES, TOWNSHIPS AND VILLAGES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS as provided by Public Act 462 of 1996, the Enhanced Access to Public Records Act, the Board of Commissioners in Miscellaneous Resolution #97165 dated August 14, 1997 adopted the Oakland County Enhanced Access to Public Records Policy; and WHEREAS the Oakland County Board of Commissioners approved a revised @ccess Oakland Master Fee Structure in Miscellaneous Resolution #03279 dated October 16, 2003 which included a pricing schedule for all Oakland County enhanced access products and services as part of the strategic rollout of a comprehensive eGovernment program; and WHEREAS the Oakland County Board of Commissioners approved a revised Access Oakland Master Fee Structure in Miscellaneous Resolution #07121 dated May 10, 2007 which expanded the Master Fee Structure to include an electronic check fee; and WHEREAS the Oakland County Department of Information Technology has implemented a system that affords those who wish to purchase products and services from Oakland County the convenience of using credit cards or electronic checks for the payment of such products and services to the County Treasurer; and WHEREAS by utilizing similar technology, the Department of Information Technology has developed an “E-Commerce” system which the Department can make available to all County Municipalities to afford persons the convenience of utilizing an internet based, credit card or electronic check payment option to Commissioners Minutes Continued. December 9, 2010 1176 pay for Municipality products and services on the Municipality website or the County’s Interactive Voice Response Unit; and WHEREAS the state law allows the County to provide such services in conjunction with a Municipality pursuant to an agreement between the County and the Municipality; and WHEREAS the Municipalities listed below expressed an interest in entering such an agreement with the County to use the County’s “E-COMMERCE” services; and WHEREAS the Oakland County Board of Commissioners, in Miscellaneous Resolution #08134 dated July 31, 2008, approved entering into an E-COMMERCE SERVICES AGREEMENT with the Municipalities listed on this resolution; and WHEREAS the County and the Municipalities listed went on to enter into such an E-COMMERCE SERVICES AGREEMENT; and WHEREAS the County and the Municipalities listed below now wish to replace the existing E- COMMERCE SERVICES AGREEMENT with a new E-COMMERCE SERVICES AGREEMENT that would simplify and expedite the payment to the County of the Enhanced Access Fee paid by E- COMMERCE SERVICES customers. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves entering into the attached replacement E-COMMERCE SERVICES AGREEMENT (the “Agreement,” copy attached and incorporated herein) with each of the following Municipalities upon the terms and conditions stated in this Agreement: City of Auburn Hills City of Bloomfield Hills City of Keego Harbor City of Orchard Lake Village City of Pleasant Ridge City of Rochester City of Royal Oak City of Southfield City of South Lyon City of Sylvan Lake City of Walled Lake Village of Wolverine Lake Village of Oxford Township of Groveland Charter Township of Highland Township of Holly Charter Township of Lyon Charter Township of Milford Charter Township of Oakland Charter Township of Orion Charter Township of Oxford Township of Southfield Charter Township of White Lake BE IT FURTHER RESOLVED that upon receipt of this executed Agreement from any of the above listed Municipalities, along with the appropriate certified resolution from the Municipality’s governing body, and any other Municipality assurances and documentation required in the Agreement, the Oakland County Clerk shall obtain the Board of Commissioner’s Chairperson signature on the Agreement, shall file a copy of this fully executed Agreement in the official Oakland County Board of Commissioner records maintained in his Office, and shall also forward a copy of this fully executed Agreement to the Secretary of State as required by law. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE Copy of E-Commerce Services Agreement on file in County Clerk’s office. (The vote for this motion appears on page 1203.) *MISCELLANEOUS RESOLUTION #10312 BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET - FISCAL YEAR 2010 YEAR-END REPORT AND BUDGET AMENDMENTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS all accounts have been posted and final adjustments made for Fiscal Year (FY) 2010; and Commissioners Minutes Continued. December 9, 2010 1177 WHEREAS Statement #1 of the Governmental Accounting, Auditing and Financial Reporting Standards requires that encumbrances be treated as a designated fund balance at the year-end and that such amounts be re-appropriated in the subsequent year in order to be available for expenditure; and WHEREAS the results of operations after consideration of expenditures, accruals, encumbrances, appropriations carried forward, transfers, adjustments, and closing entries was a favorable variance of total resources over total expenditures as reflected in the attached schedule; and WHEREAS FY 2010 General Fund actual revenue was more than budgeted revenue by $686,144.24; and WHEREAS FY 2010 General Fund actual operating expenditures and transfers were less than budgeted operating expenditures and transfers by $41,903,277.03 rendering overall operating revenues more than expenditures for FY 2010 by $42,589,421.27; and WHEREAS the following reserves have been created: - $115,623.03 to cover pre-payments, - $264,170 for payroll and petty cash; and WHEREAS designations have been established to recognize fund equity used to balance budgets for FY 2011, $200,000; FY 2012, $14,214,169 and FY 2013, $44,723,735; and WHEREAS a designation of $10,000,000 has been established for FY 2012, and $10,000,000 for FY 2013, to cover potential increases in the Annual Required Contribution (ARC) in the event that the County’s actuary determines an increase must be made to the VEBA fund; and WHEREAS a designated fund balance, in the amount of $9,000,000 has been created in order to meet future capital facility needs of the County; and WHEREAS $8,000,000 is designated to cover potential shortfall in State reimbursements; and WHEREAS subsequent to the events of September 11, 2001, the Administration reviewed the security of County facilities and operations and a designated fund balance of $6,000,000 has been established to continue funding anticipated improvements recommended as a result of the study; and WHEREAS $5,583,486 of previously budgeted but unspent funds, designated for carry forwards in the General Fund/General Purpose is requested to be appropriated to departments for use, as reviewed and recommended by the Department of Management and Budget; and WHEREAS the rates charged by the Information Technology fund do not include an amount required to replace fully depreciated equipment, and $5,000,000 has been designated to continue to build a replacement fund for future technology replacements; and WHEREAS $5,000,000 is designated for potential costs related to Federal Health Legislation; and WHEREAS $3,764,945 is designated for the Tri-Party Road Improvement program which includes prior year balance and an additional $1,500,000 pursuant to board action; and WHEREAS pursuant to Miscellaneous Resolution #89283, the Board of Commissioners established a Designated Fund for Operational Improvements, which makes available a source of funds departments can use to support innovative programs, providing the Board approves the use of the fund balance and the requesting department commits to a pay-back within six (6) years of the original allocation. The designated fund balance of $3,000,000 is restored from current year favorability, resulting from efficiencies achieved due to implementation of approved projects; and WHEREAS due to recent economic conditions which may lead to increased appeals of property assessments, a designated fund balance of $2,000,000 has been established to cover expenses related to Tax Tribunal appeals; and WHEREAS it is anticipated a significant amount of property taxes will be uncollectible and the General Fund may need to reimburse the DTRF for its share of uncollected taxes, and a designation of $1,500,000 is created for this purpose; and WHEREAS in the event of a Public Health outbreak or disaster, the County has taken a proactive approach by establishing a designated fund balance for pandemic response, in the amount of $1,500,000, for response to such an occurrence; and WHEREAS due to the increase in the number of data security threats, a designated fund balance has been continued at $1,500,000 to fund the technology necessary to protect data privacy and security; and WHEREAS $1,500,000 is designated for maintenance on PeopleSoft financial and human resource software; and WHEREAS $1,186,292 transferred into the General Fund due to the closing of the Sheriff Aviation fund is designated for this purpose; and Commissioners Minutes Continued. December 9, 2010 1178 WHEREAS a designated fund balance, in the amount of $600,000, has been continued to fund the development of alternative programs related to reducing jail population in Oakland County; and WHEREAS efforts are continuing to seek out new grants to assist Oakland County with enhancing operations and new programs, a designated fund balance has been set aside for County matching fund requirements of new grant opportunities in the amount of $500,000; and WHEREAS a designated fund balance, in the amount of $500,000, has been created to cover anticipated Human Resources – Legal Expenses, including actuary costs, court reporters and expert witness fees associated with union grievances and Sheriff’s Deputy Public Act 312 process; and WHEREAS a designated fund balance, in the amount of $500,000, has been created for the Human Resources Department to conduct a County-wide salary structure study and workforce planning; and WHEREAS $500,000 is being designated in anticipation of future mileage rate increases which could be approved by the Internal Revenue Service and possible increase in fuel costs for buildings, vehicles, etc.; and WHEREAS the Board of Commissioners has established the Criminal Justice Coordinating Council, and $500,000 has been designated to fund the collection of data and various new programs; and WHEREAS based on a study by the Department of Human Resources, an additional $320,000 is designated to cover emergency salary costs for FY 2011; and WHEREAS a designation of $300,000 is created to fund various County events and provide quality of life initiatives to attract new businesses; and WHEREAS as a result of the County’s Business Continuity Planning Process, each department has identified additional supplies that must be procured in the event of an emergency, and a $300,000 designation is created to procure these supplies; and WHEREAS pursuant to board action, a designation of $300,000 has been established for the Microloan program in FY 2011, FY 2012, and FY 2013, to cover loans for small businesses; and WHEREAS a $230,000 designated fund balance for Board of Commissioners special projects; and WHEREAS $153,953.13 has been designated for General Fund/General Purpose encumbrances obligated through the end of FY 2010; and WHEREAS $123,539 transferred into the General Fund due to the closing of the Jail Commissary fund is designated for inmate programs; and WHEREAS $50,000 is designated to enhance the Wellness program for employee dependents; and WHEREAS per Miscellaneous Resolution #03043 a Budget Transition Account was created and a designation of $9,571,161 is recommended to be used for FY 2014 and beyond; the designated fund balance has been updated to reflect the balance of funds available for future years; and WHEREAS a budget amendment is recommended to recognize additional revenue from the State of Michigan for Convention Facility Tax by $329,112 more than 2010 amended budget, of which $164,556 (one-half) is to be used for Health Division Substance Abuse programs; and WHEREAS a budget amendment is recommended to FY 2010 to recognize revenue and expenditures in the Sheriff’s Office related to processing of civil papers in the amount $1,455,103; and WHEREAS a budget amendment is recommended to FY 2010 to recognize revenue and expenditures in the Sheriff’s Office for additional Salary reimbursement from contracts and additional personnel costs of $1,003,000; and WHEREAS costs associated with the Auto Theft Prevention grant exceeded the grant and the Sheriff’s Office has agreed to use Auto Theft Prevention forfeiture funds (GL account #222470) to cover the additional costs and a budget amendment is recommended to FY 2010 to recognize revenue of $24,824.29 and authorize the transfer of funds to the Auto Theft Prevention grant fund; and WHEREAS during the FY 2010 3rd Quarter forecast of the fringe benefit fund, it was determined the rate to departments for retirement was not sufficient and therefore rates were raised which caused the following departments to go over budget: Sheriff, Treasurer, County Executive Administration, Central Services, Children’s Village, Board of Commissioners, Circuit Court, District Court and Probate Court and a budget amendment is recommended for FY 2010 to cover the shortage in the Personnel Category. While individual divisions may be over budget, the budget is controlled at the department level. The General Appropriations Act requires that appropriations accumulate at the following three summary levels of expenditures within each County Department and are deemed maximum authorization for expenditures: Personnel Expenditures, Operating Expenditures and Internal Support Expenditures; and WHEREAS a budget amendment is recommended to FY 2010 to recognize revenues from the State of Michigan for State Court Equity, additional receipts for Commission on Pay Phones, additional Income on Commissioners Minutes Continued. December 9, 2010 1179 Investments, and favorability in various non-departmental expense reserve accounts to offset shortage in retirement for departments; and the Project Work Order Fund (#40400) at the end of FY 2010, for the installation of the countertops at a cost of $8,751, and authorization is requested to proceed with the project work order; and WHEREAS the FY 2010 budget authorized the transfer of $50,000 from the General Fund to the Equipment Fund for the Circuit Court’s Video Arraignment Equipment which due to an oversight was not transferred and therefore it is recommended to re-appropriate these funds in FY 2011; and WHEREAS Human Resources Workforce Management Division is in need of scanning equipment for documenting Human Resource files, and a budget amendment is recommended to re-appropriate $30,000 from Recruitment to Miscellaneous Capital Outlay to purchase the equipment; and WHEREAS donations have been received by Oakland County restricted funds totaling $125,788.48 which includes the following funds: Community Partnerships, $22,798.00; Animal Control Legacy Fund, $73,154.04; Children’s Village Donation $14,951.84; Medical Examiner Library Donation, $1,500.00; and No Haz Waste Donations $13,384.60; and WHEREAS the Sheriff’s Office has received a donation of weight/gym equipment with an estimated value of $550; and WHEREAS the Oakland County Department of Economic Development has attempted to collect funds from loan recipients for the Community Development Block Grant and the Home Investment Partnership Act accounts and recommends $1,075,721.47 be written off; and WHEREAS the Parks and Recreation Commission has attempted to collect Non-Sufficient Funds (NSF) for returned checks, and recommends $270 be written off. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners accepts the report of operations for Fiscal Year 2010 and the results of operations by line-item after inclusion of expenditures, accruals, encumbrances, appropriations carried-forward, transfers, adjustments, and closing entries are approved. BE IT FURTHER RESOLVED that the FY 2010 budget be amended pursuant to Schedule A. BE IT FURTHER RESOLVED that various line items in the FY 2011 General Fund/General Purpose Budgets be amended to include $153,953.13 in outstanding purchase orders (encumbrances) as detailed in the attached schedule. BE IT FURTHER RESOLVED that adjustments to the Undesignated General Fund Balance be approved as follows: Balance Before Adjustments (result from FY 2010 activity) $ 42,589,421.27 Add to General Fund Balance: Prior Years Encumbrances $ 234,678.15 Decrease in Prepaids 2,245.59 Decrease in Payroll and Petty Cash 2,180.00 VEBA 2010 10,000,000.00 VEBA 2011 10,000,000.00 Board of Commissioners Special Projects 20,000.00 Tri-Party Road Improvement Appropriations 2,663,997.00 System Enhancements General 2,855,400.00 CRIMP 38,522.00 Fire Records 20,000.00 Budget Transition 28,114,799.00 Adjusted Total Including Additions $ 53,951,821.74 Deduct from General Undesignated Fund Balance: Carry Forwards $( 2,701,910.00) VEBA 2013 ( 10,000,000.00) Anticipated State Shortfall ( 4,600,000.00) Tri-Party Road Improvement Supplemental ( 1,500,000.00) Budget Transition - Committed to FY 2011 ( 200,000.00) Budget Transition - Committed to FY 2012 ( 14,214,169.00) Budget Transition - Committed to FY 2013 ( 44,723,735.00) Budget Transition - FY 2014 and Beyond ( 9,571,161.00) Homeland Security Enhancements ( 3,015,000.00) Commissioners Minutes Continued. December 9, 2010 1180 Federal Health Legislation Impact ( 5,000,000.00) Microloan - FY 2011 – FY 2013 ( 300,000.00) Wellness for Dependents ( 50,000.00) Peoplesoft Maintenance ( 500,000.00) Total Subtractions to General Fund Balance $ (96,375,975.00) Adjusted Total including Additions/Subtractions $ 165,268.01 Undesignated Fund Balance at Beginning of Year $ 351,087.81 Undesignated Fund Balance at the End of Year $ 516,355.82 BE IT FURTHER RESOLVED that $5,583,486 from the FY 2011 Designated Fund Balance for Carry Forwards be appropriated in FY 2011, as specified below, for departmental use: General Fund (#10100) Revenue 9010101-196030-665882 Planned use of Fund Balance $ 5,583,486 Total General Fund Revenue $ 5,583,486 Expenditures 1010501-181020-731458 Corp Counsel Professional Services $ 1,500 1010501-181020-732018 Corp Counsel Travel and Conference 1,500 1050402-183020-731580 HR Recruitment 30,000 1090108-171030-731458 Econ Dev Prof Serv 200,984 1090201-171000-730205 Econ Dev PEDS Bus Recruitment 75,000 1090201-171000-731458 Econ Dev PEDS Prof Serv 86,820 1090201-171000-730072 Econ Dev PEDS Advertising 7,500 4010101-182025-731990 Prosecuting Attorney Transition Funds 8,950 4010101-122050-750154 Prosecuting Attorney Expendable Equip 9,922 4010101-122050-750170 Prosecuting Attorney Other Exp Equip 5,091 4010101-122050-730338 Prosecuting Attorney Computer Research Serv 14,234 4010101-122050-731220 Prosecuting Attorney Microfilming & Reprod 2,026 4010101-122050-731388 Prosecuting Attorney Printing 5,651 4010101-122050-732018 Prosecuting Attorney Travel and Conference 10,000 4010101-122050-730422 Prosecuting Attorney Court Transcripts 5,000 3010101-121100-731822 Circuit Court Special Projects 179,958 3010101-121100-750154 Circuit Court Expendable Equip 48,815 3010301-121130-730422 Circuit Court Court Transcripts 10,000 3010101-121100-731458 Circuit Court Professional Services 7,000 3040403-124015-730450 Probate Court Defense Attorney Fees 9,000 3040403-124010-731822 Probate Court Special Projects 7,510 4030601-110040-750070 Sheriff Radio Comm head sets 14,985 4030901-110090-732018 Sheriff Travel and Conference 15,000 9010101-155080-740044 Non-Dept Drain Assessments 134,000 9010101-153010-740135 Tri-Party Roads 2,086,812 9010101-134860-788001-20221 Due to Health Fund 2,606,228 Total General Fund Expenditures $ 5,583,486 Health Fund (#20221) Revenue 9090101-134860-695500-10100 Due from General Fund $ 2,606,228 Total Health Fund Revenue $ 2,606,228 Expenditures 1060261-134790-731682 Health Satellite Centers $ 2,606,228 Total Health Fund Expenditures $ 2,606,228 BE IT FURTHER RESOLVED that $50,000 be re-appropriated in FY 2011 from the General Fund Undesignated Fund Balance to purchase Video Equipment for the Circuit Court, and that $30,000 be re- appropriated within the Human Resource Workforce Management FY 2011 budget to purchase scanning equipment as follows: Commissioners Minutes Continued. December 9, 2010 1181 General Fund (#10100) Revenue 10100-9010101-196030-665882 Non-Dept Prior Years Revenue $ 50,000 Total General Fund Revenue $ 50,000 Expenditures 10100-3010101-121100-788001-66400 Circuit Court Admin – Transfer Out $ 50,000 10100-1050402-183020-731580 HR Workforce Mgmt – Recruitment ( 30,000) 10100-1050402-183020-760126 HR Workforce Mgmt – Misc Cap Outlay 30,000 Total General Fund Expenditures $ 50,000 Equipment Fund (#66400) Revenue 66400-1020640-182060-695500-10100 Transfer from General fund $ 50,000 Total Equipment Fund Revenue $ 50,000 Expenditures 66400-1020640-182060-761121 Depreciation $ 50,000 Total Equipment Fund Expenditures $ 50,000 BE IT FURTHER RESOLVED that the uncollectible debts, as recommended by Department of Management and Budget and detailed in schedules are authorized to be written off. BE IT FURTHER RESOLVED that donations be accepted for the Sheriff’s Office weight/gym equipment and that the donations be recognized in the various Restricted Funds as detailed in schedules. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Oakland County FY 2010 Year End Report on file in County Clerk’s office. (The vote for this motion appears on page 1203.) *MISCELLANEOUS RESOLUTION #10313 BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET – APPROVAL OF FY 2010 DEFICIT ELIMINATION PLAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Public Act 140 of 1971 (the General Revenue Sharing Act) and Public Act 34 of 2001 (revised Municipal Finance Act) required local units of government submit a “deficit elimination plan” when any governmental fund experience negative unreserved fund balance and when any proprietary fund experiences negative unrestricted net assets; and WHEREAS Oakland County completed the fiscal year ending September 30, 2010 with three (3) funds reflecting negative unreserved fund balances, which requires submission of a deficit elimination plan. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves submission of the attached deficit elimination plan to the Michigan Department of Treasury. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Capital Projects Fund, Special Revenue Fund and Internal Service Fund on file in County Clerk’s office. (The vote for this motion appears on page 1203.) *MISCELLANEOUS RESOLUTION #10314 BY: Finance Committee, Tom Middleton, Finance Chairperson IN RE: RESOLUTION APPROVING ESCROW AGREEMENT FOR THE DEFEASANCE OF PART OF THE OUTSTANDING OAKLAND COUNTY BUILDING AUTHORITY BONDS, SERIES 2007 PRIOR TO MATURITY To the Oakland County Board of Commissioners Commissioners Minutes Continued. December 9, 2010 1182 Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Building Authority, Michigan (the “Authority”), pursuant to Act No. 31, Public Acts of Michigan, 1948 (First Extra Session), as amended (the “Act”), issued its $5,500,000 Oakland County Building Authority, Building Authority Bonds, Series 2007 (the “Bonds”); and WHEREAS the Authority has requested that the County authorize the use part of the proceeds of the bonds that are not expected to be expended on the project to defease such Bonds with maturities and interest rates as set forth in EXHIBIT A, (such bonds referred to as the “BONDS TO BE DEFEASED”) in an amount not to exceed $1,200,000.00 and to pay the costs of defeasing said Bonds; and WHEREAS pursuant to Act No. 202, Public Acts of Michigan, 1943, as amended, in order that the BONDS TO BE DEFEASED may be properly defeased utilizing proceeds of the bonds, the Authority must enter into an agreement with a bank or trust company. NOW THEREFORE BE IT RESOLVED By the County Board of Commissioners, Oakland County, Michigan as follows: 1. The County hereby approves the defeasance of a portion of the Bonds as described in EXHIBIT A 2. The County further consents to the Authority entering into an escrow agreement attached hereto EXHIBIT B, dated as of ___________ __, 2010 (the “Escrow Agreement”) with a bank or trust company designated by the Treasurer. 3. The Authority and Axe & Ecklund, P.C., bond counsel, are instructed to take whatever steps are necessary to effect the defeasance and call of the BONDS TO BE DEFEASED. 4. All resolutions and parts of resolution, insofar as the same may be in conflict herewith, are hereby rescinded. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE (The vote for this motion appears on page 1203.) Copy of Certificate of Proceedings, Exhibit A $5,500,000 Oakland County Building Authority Building Authority Bonds, Series 2007, Exhibit B Escrow Agreement Oakland County Building Authority, Appendix I, Appendix II $5,500,000 Oakland County Building Authority Building Authority Bonds, Series 2007, Appendix III $5,500,000 Oakland County Building Authority Building Authority Bonds Series 2007, Appendix IV 5,500,000 Oakland County Building Authority Building Authority Bonds, Series 2007, Appendix V $5,500,000 Oakland County Building Authority Building Bonds, Series 2007 on file in County Clerk’s office. REPORT BY: General Government Committee – Christine Long, Chairperson IN RE: WOMEN’S COMMISSION – FINAL REPORT FOR 2009 - 2010 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered the final report of the Women’s Commission pursuant to MR #09001, hereby recommends that the report be accepted. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Copy of Women’s Commission for Oakland County Progress Report, Economic Autonomy, Health and Wellness, Leadership, Women Against Violence, A Plan for Change – Goals for the Year 2011, on file in County Clerk’s office. (The vote for this motion appears on page 1203.) *MISCELLANEOUS RESOLUTION #10306 BY: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF HEALTH & HUMAN SERVICES/HOMELAND SECURITY DIVISION – OUTDOOR WARNING SYSTEM EXPANSION – COMMERCE TOWNSHIP Commissioners Minutes Continued. December 9, 2010 1183 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution #7865, #7971, and #8664 accepted federal grants to defray a portion of the costs in purchasing sirens to be utilized within the Oakland County Outdoor Warning System; and WHEREAS the County share of the costs will remain at twenty-five percent as has been the policy previously established by the Board of Commissioners by various Miscellaneous Resolutions, whereby local units pay seventy-five percent with the County being responsible for the maintenance and electrical costs for the sirens purchased; and WHEREAS Commerce Township has executed the attached Interlocal Agreement; and WHEREAS Commerce Township has agreed to pay seventy-five percent of the total estimated cost of four sirens; and WHEREAS consistent with the attached Interlocal Agreement, Commerce Township agrees that Oakland County will retain ownership of the sirens and will be responsible for the maintenance and the electrical costs for said sirens purchased under this agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board of Commissioners to sign the attached severe Weather Warning System Interlocal Agreement with Commerce Township. BE IT FURTHER RESOLVED that the expenditure of this appropriation is contingent upon the execution of the attached written agreement between the County and Commerce Township. Chairperson on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE COMMERCE TOWNSHIP TORNADO SIREN BUDGET SUMMARY Purchase of four warning sirens: COMMERCE TOWNSHIP (75%) $69,000.00 OAKLAND COUNTY (25%) $23,000.00 TOTAL COST OF FOUR SIRENS: $92,000.00 Breakdown of siren costs: One Siren - Pole Mounted $17,500.00 Siren Model 2001 2-Way Siren Controls Batteries Cable Transformer, Rectifier Decoder Installation $5,500.00 Antenna Battery Warmers Total $23,000.00 each The above costs are based on quotes submitted by Federal Signal Corporation and West Shore Services. Copy of Severe Weather Warning System Interlocal Agreement between Oakland County and Commerce Township on file in County Clerk’s office. FISCAL NOTE (MISC. #10306) BY: Finance Committee, Tom Middleton, Chairperson IN RE: HEALTH AND HUMAN SERVICES DEPARTMENT/HOMELAND SECURITY DIVISION – OUTDOOR WARNING SYSTEM EXPANSION – COMMERCE TOWNSHIP Commissioners Minutes Continued. December 9, 2010 1184 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. An Agreement has been issued with Commerce Township has issued for the purchase of four (4) warning siren, and Commerce Township has requested to become part of the County’s centrally activated tornado warning system. 2. The total cost of the sirens is $92,000. 3. Commerce Township has agreed to pay $69,000, seventy-five percent (75%) of the estimated cost of the sirens. 4. The County of Oakland will pay twenty-five percent (25%) of the estimated cost, $23,000. 5. The County will retain ownership and be responsible for the maintenance and electrical costs for the sirens. 6. Funds are available in the FY 2011 Homeland Security budget to cover cost. 7. Revenues exceed current budget and therefore, the FY 2011 General Fund budget is amended as follows: GENERAL FUND (#10100) FY 2011 Revenues 1060601-115090-625558 Homeland Security - Local Match $69,000 Total Revenues $69,000 Expenditures 9010101-182200-740023 Non-Dept Budget Transition $69,000 Total Expenditures $69,000 FINANCE COMMITTEE (The vote for this motion appears on page 1203.) *MISCELLANEOUS RESOLUTION #10315 BY: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF HEALTH & HUMAN SERVICES – HOMELAND SECURITY DIVISION OUTDOOR WARNING SYSTEM EXPANSION - SPRINGFIELD TOWNSHIP To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution #7865, #7971, and #8664 accepted federal grants to defray a portion of the costs in purchasing sirens to be utilized within the Oakland County Outdoor Warning System; and WHEREAS the County share of the costs will remain at twenty-five percent as has been the policy previously established by the Board of Commissioners by various Miscellaneous Resolutions, whereby local units pay seventy-five percent with the County being responsible for the maintenance and electrical costs for the sirens purchased; and WHEREAS Springfield Township, has executed the attached Interlocal Agreement; and WHEREAS Springfield Township has agreed to pay seventy-five percent of the total estimated cost of three sirens; and WHEREAS consistent with the attached Interlocal Agreement, Springfield Township agrees that Oakland County will retain ownership of the sirens and will be responsible for the maintenance and the electrical costs for said sirens purchased under this agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the Severe Weather Warning System Interlocal Agreement with Springfield Township. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board of Commissioners to execute the Severe Weather Warning System Interlocal Agreement with Springfield Township on behalf of Oakland County. Commissioners Minutes Continued. December 9, 2010 1185 BE IT FURTHER RESOLVED that the expenditure of this appropriation is contingent upon the execution of the attached written agreement between the County and Springfield Township. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE SPRINGFIELD TOWNSHIP TORNADO SIREN BUDGET SUMMARY Purchase of three warning sirens: SPRINGFIELD TOWNSHIP (75%) $56,250.00 OAKLAND COUNTY (25%) $18,750.00 TOTAL COST OF THREE SIRENS: $75,000.00 Breakdown of siren costs: One Siren- Pole Mounted $19,000.00 Siren Model 2001 2-Way Siren Controls Batteries Cable Transformer, Rectifier Decoder Installation $ 6,000.00 Antenna Battery Warmers Total $25,000.00 each The above costs are based on quotes submitted by Federal Signal Corporation and West Shore Services. Copy of Severe Weather Warning System Interlocal Agreement between Oakland County and Springfield Township on file in County Clerk’s office. FISCAL NOTE (MISC. #10315) BY: Finance Committee, Tom Middleton, Chairperson IN RE: HEALTH AND HUMAN SERVICES DEPARTMENT/HOMELAND SECURITY DIVISION – OUTDOOR WARNING SYSTEM EXPANSION – SPRINGFIELD TOWNSHIP 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 recognizes that Springfield Township has issued a purchase agreement for the purchase of three (3) warning sirens and has requested to become part of the County’s centrally activated tornado warning system. 2. The total cost of the sirens is $75,000. 3. Springfield Township has agreed to pay $56,250, seventy-five percent (75%) of the estimated cost of the sirens. 4. The County of Oakland will pay twenty-five percent (25%) of the estimated cost, $18,750. 5. The County will retain ownership and be responsible for the maintenance and electrical costs for the sirens. Commissioners Minutes Continued. December 9, 2010 1186 6. Funds are available in the FY 2011 Homeland Security budget to cover cost. 7. Revenues in the amount of $56,250 from Springfield Township, exceed the $54,000 revenue currently budgeted by $2,250. 8. The FY 2011 General Fund budget is amended as follows: GENERAL FUND (#10100) FY 2011 Revenues 1060601-115090-625558 Homeland Security - Local Match $2,250 Total Revenues $2,250 Expenditures 9010101-182200-740023 Non-Dept – Budget Transition $2,250 Total Expenditures $2,250 FINANCE COMMITTEE (The vote for this motion appears on page 1203.) *MISCELLANEOUS RESOLUTION #10316 BY: General Government Committee, Christine Long, Chairperson IN RE: HEALTH AND HUMAN SERVICES – HOMELAND SECURITY DIVISION - ACCEPTANCE FOR 2010 INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT PROGRAM To the Oakland County Board Of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS funding was released from the United States Department of Homeland Security, Federal Emergency Management Agency (FEMA) and the DHS Office of Emergency Communications (OEC) to the State of Michigan for the 2010 Interoperable Emergency Communications Grant Program (IECGP); and WHEREAS the State has designated Homeland Security Region 2 in the State which includes, but is not limited to the following political subdivisions: City of Detroit and Macomb, Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties; and WHEREAS the Regional Homeland Security Planning Board for Region 2 (“Region 2 Planning Board”) is comprised of the representatives from the above-listed political subdivisions, is not a legal entity that can be a subgrantee for the Interoperable Emergency Communications Grant Program or that can manage and distribute the grant funds, and has chosen Oakland County to serve as fiduciary and subgrantee for this award; and WHEREAS the State has awarded a 2010 IECGP grant to Region 2 in the amount of $318,965 to be used to fund projects that strengthen interoperable communications capabilities in the areas of Leadership and Governance, Common Planning and Operational Protocols, and Emergency Responder Skills and Capabilities during the period of June 1, 2010 through February 28, 2013; and WHEREAS the funding may be used to purchase equipment if all activities in the areas of Leadership and Governance, Common Planning and Operational Protocols, and Emergency Responder Skills and Capabilities as defined in the grant guidance have been adequately addressed; and WHEREAS the grant requires a 25% cash or in-kind match for purchases of equipment only; and WHEREAS the grant agreement has been reviewed and approved through the County Executive contract review process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the position of Fiduciary and Subgrantee for the 2010 Interoperable Emergency Communications Grant and accepts the grant funds in an amount up to $318,965 with a 25% match required on equipment purchases only. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes its Chairperson or his designee to execute and enter into this agreement on behalf of the County of Oakland. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the Grant Agreement and to approve a grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original agreement as approved. BE IT FURTHER RESOLVED that all positions and other program costs associated with this grant are contingent upon continuation of grant funding. Commissioners Minutes Continued. December 9, 2010 1187 Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Grant Review Signoff – Homeland Security, State of Michigan 2010 Interoperable Emergency Communications Grant Program Grant Agreement, U.S. Department of Justice Office of Justice Programs Office of the Comptroller, State of Michigan Audit Certification, FISCAL NOTE (MISC. #10316) BY: Finance Committee, Tom Middleton, Chairperson IN RE: HEALTH AND HUMAN SERVICES – HOMELAND SECURITY DIVISION – ACCEPTANCE FOR 2010 INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT PROGRAM 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 State of Michigan has awarded a 2010 Interoperable Emergency Communications Grant Program grant (IECGP) to Region 2, which includes, but not limited to the City of Detroit and Macomb, Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties, with Oakland County selected as the fiduciary and subgrantee for the grant award in the amount of $318,965. 2) The grant award is ($34,805) less than the prior year’s award of $353,770. 3) The grant period is from June 1, 2010 through February 28, 2013. 4) The grant will be used to fund projects that strengthen interoperable communications capabilities in the areas of Leadership and Governance, Common Planning and Operational Protocols, and Emergency Responder Skills and Capabilities as defined by the grant guidelines. 5) Funding may also be used to purchase equipment if all these activities are met per the grant guidelines, but would require a 25% cash or in-kind match for purchases of equipment only. 6) No equipment has been identified at this time for purchase. 7) The FY 2011 Special Revenue Budget is amended to recognize the grant award as follows: FUND 29330 – GR0000000541 FY 2011 FY 2011 FEMA Grants Adopted Amended Budget Amendment Budget Revenue 1060601-115095-610313 Federal Grant $ 0 $ 318,965 $ 318,965 Total Revenue $ 0 $ 318,965 $ 318,965 Expenditures 1060601-115095-731458 Prof Svcs $ 0 $ 318,965 $ 318,965 Total Expenditures $ 0 $ 318,965 $ 318,965 FINANCE COMMITTEE (The vote for this motion appears on page 1203.) *MISCELLANEOUS RESOLUTION #10317 BY: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION – 2010/2011 SUBSTANCE USE DISORDER GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Department of Community Health (MDCH) has awarded the Health Division Substance Use Disorder Grant Funds for the period of October 1, 2010 through September 30, 2011; and WHEREAS the 2009/2010 Substance Use Disorder Grant award included a total funding amount of $4,583,913 in grant revenue and expenditures for this program; and WHEREAS the 2010/2011 Substance Use Disorder Grant award reflects grant funding in the amount of $4,135,676, a decrease of $448,237 from the previous year; and Commissioners Minutes Continued. December 9, 2010 1188 WHEREAS these funds are used to subcontract with agencies to prevent and reduce the incidence of drug and alcohol abuse and dependency; and WHEREAS these contracts were awarded through the County’s competitive bidding process; and WHEREAS acceptance of this grant does not obligate the County to any future commitment; and WHEREAS the grant agreement has been submitted through the County Executive’s Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the 2010/2011 Substance Use Disorder Grant from the Michigan Department of Community Health in the amount of $4,135,676. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant agreement and to approve minor changes and grant extensions, not to exceed fifteen (15) percent variance from the original award. BE IT FURTHER RESOLVED that the future level of service, including personnel, be contingent upon the level of funding for this program. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Grant Review Sign Off – Health Division, Grant Agreement between Michigan Department of Community Health hereinafter referred to as the “Department and County of Oakland 250 Elizabeth Lake Road, Pontiac MI 48341 1050 Federal I.D. #:38-6004876 hereinafter referred to as the “Contractor” for Substance Use Disorder Services Part I, Part II General Provisions, Michigan Department of Community Health FY 10/11 Agreement Addendum A on file in County Clerk’s office. DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION FY 2010/2011 SUBSTANCE USE DISORDER GRANT ACCEPTANCE • The Substance Use Disorder Grant is funded by the Michigan Department of Community Health (MDCH) to the Office of Substance Abuse in the Health Division. The purpose of the grant is to reduce the incidence of drug and alcohol abuse and dependency, and/or to provide comprehensive treatment services to the substance abusing population. The Office of Substance Abuse is designated as the Coordinating Agency for Oakland County and also includes the PACE Unit, which is an Access Assessment and Referral Service. • This grant acceptance from MDCH provides for substance abuse treatment services for Oakland County residents who are low income, uninsured, non-Medicaid recipients. • PACE provides a central point of entry; determines financial eligibility; provides screenings, referrals and care coordination services. The Coordinating Agency assures a continuum of substance abuse prevention and treatment services, based on local needs, and federal and state requirements. The continuum of treatment services made available to uninsured clients in Oakland County include detoxification, short-term residential, long-term residential, intensive outpatient and outpatient services. • Prevention services are targeted to high-risk populations such as school dropouts, pregnant women and teens, economically disadvantaged children of substance abusers, and community coalitions. Other services include general prevention, regional HIV education, and HIV early intervention. • The Coordinating Agency subcontracts through a competitive bid process with substance abuse prevention and treatment providers to provide the above services. They serve as expert resources on substance abuse within the Health Division and in collaboration with other units of county government. The grant acceptance is for $4,135,676 and covers the period of October 1, 2010 through September 30, 2011. Commissioners Minutes Continued. December 9, 2010 1189 FISCAL NOTE (MISC. #10317) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION – 2010/2011 SUBSTANCE USE DISORDER GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: 1. The Department of Health and Human Services/Health Division has been awarded $4,135,676 in Substance Abuse Grant funds from the Michigan Department of Community Health (MDCH). 2. The new grant award is a reduction of ($448,237) from the previous year’s 2009/2010 award of $4,583,913. 3. The award of $4,135,676 is $656,902 less than the FY 2011 budget of $4,792,578 and therefore, a budget amendment of $656,902 is recommended. 4. Funds will be used to subcontract with agencies to prevent and reduce the incidence of drug and alcohol abuse and dependency. 5. The grant period extends from October 1, 2010 through September 30, 2011. 6. The Fiscal Year 2011 budget is amended as follows: Health MDPH OSAS (Fund 28249) Budget Reference 2011/GR0000000203 FY 2011 FY 2011 FY 2011 Amended Adopted Adjustment Budget Revenues 1060261-134790-610313 Federal Revenue $4,792,578 $(1,484,037) $3,308,541 1060261-134790-615571 State Revenue 827,135 827,135 $4,792,578 $ (656,902) $4,135,676 Expenses 1060261-133685-730373 Contract Svs. 150,333 (150,333) 0 1060261-134790-730926 Indirect Costs 22,221 64,255 86,476 1060261-133405-730373 Contract Svs. 630,700 33,835 664,535 1060261-133950-730366 Contract Adm . 239,498 ( 20,995) 218,503 1060261-134790-730366 Contract Adm. 337,754 70,466 408,220 1060261-134790-730373 Contract Svs. 2,881,547 (527,650) 2,353,897 1060261-134800-730366 Contract Adm. 522,720 (118,675) 404,045 1060261-134800-730373 Contract Svs. 7,805 ( 7,805) 0 $4,792,578 $ (656,902) $4,135,676 FINANCE COMMITTEE (The vote for this motion appears on page 1203.) *MISCELLANEOUS RESOLUTION #10307 BY: Planning and Building Committee, John Scott, Chairperson IN RE: WASTE RESOURCE MANAGEMENT UNIT - RESOLUTION APPROVING THE PROVISIONS OF A BROWNFIELD PLAN FOR THE 4800 LAPEER ROAD PROJECT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners, pursuant to and in accordance with the provisions of the Brownfield Redevelopment Financing Act, being Act 381 of the Public Acts of the State of Michigan of 1996, as amended (the “Act”), have established a redevelopment of Brownfields Redevelopment Authority and Board (OCBRA) to facilitate the clean up and redevelopment of Brownfields within Oakland County’s communities; and Commissioners Minutes Continued. December 9, 2010 1190 WHEREAS the 4800 Lapeer Road site in Orion Township is an environmental hazard, a “facility” under state statute and a non-producing parcel; and WHEREAS a Brownfield clean up and redevelopment plan (the “Plan”) has been prepared to restore the environmental and economic viability of this parcel, which the OCBRA has reviewed and modified; and WHEREAS pursuant to OCBRA by-laws, a local committee has been appointed, participated in discussions regarding the proposed plan and project, reviewed the plan, and recommends its approval; and WHEREAS the members of the Township Board have reviewed the Plan, and have been provided a reasonable opportunity to express their views and recommendations regarding the Plan in accordance with Sections 13 (13) of the Act, and have unanimously approved the resolution declaring their concurrence with the provisions of the Plan (attached); and WHEREAS the OCBRA, pursuant to and in accordance with Section 13 of the Act, has unanimously approved a resolution (attached) adopting the Plan, procedures for cost reimbursement, and recommending the adoption of the Plan by the Planning and Building Committee and the Board of Commissioners to be carried out within the Township of Orion, relating to the redevelopment of 4800 Lapeer Road located at M-24 and north of Brown Road (the “Property”); and NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby adopt the Plan to be carried out within the Township of Orion, relating to the redevelopment of 4800 Lapeer Road located at M-24 and north of Brown Road (the “Property”). BE IT FURTHER RESOLVED that a public hearing on the adoption of the Brownfield Plan approved by the Oakland County Brownfield Redevelopment Authority for 4800 Lapeer Road in Orion Township shall be held on November 18 in the Board of Commissioners’ Auditorium, 1200 North Telegraph Road, Pontiac, Michigan. Chairperson, on behalf of the Planning & Building Committee, I move the adoption of the foregoing resolution. PLANNING & BUILDING COMMITTEE Copy of Establishment of a Committee for the 4800 Lapeer Road Brownfield Site October 13, 2010, State of Michigan County of Oakland Charter Township of Orion Resolution of Understanding 4800 S. Lapeer Road Brownfield Project, State of Michigan County of Oakland Charter Township of Orion Resolution Concurring with the Provisions of a Brownfield Redevelopment Authority for the 4800 S. Lapeer Road Project, PM Environmental, INC. ISO 9001 Registered Oakland County Brownfield Redevelop Authority (OCBRA) Brownfield Plan August 30, 2010 for the Former Industrial Property located at 4800 South Lapeer Road Lake Orion, Michigan, Table of Contents, Introduction and Purpose on file in County Clerk’s office. FISCAL NOTE (MISC. #10307) BY: Finance Committee, Tom Middleton, Chairperson IN RE: WASTE RESOURCE MANAGEMENT UNIT – RESOLUTION APPROVING THE PROVISIONS OF A BROWNFIELD PLAN FOR THE 4800 LAPEER ROAD PROJECT 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 adopts a Brownfield Plan relating to the redevelopment of property located at 4800 South Lapeer Road in Orion Township to restore the property’s environmental and economic viability. 2. The property is an environmental hazard, a “facility” under state statute, and a non-producing parcel. 3. Eligible activities as permitted under the Brownfield Redevelopment Financing Act include site assessment, demolition, asbestos abatement, site preparation, and public infrastructure improvements which directly benefit the property. 4. The developer, Brothers, LLC, has assumed environmentally related development costs estimated not to exceed $474,224 including preparation of the Brownfield Plan and activities; installation of engineering controls including parking lot paving and floor coating; demolition of existing roof, removal of light fixtures and interior spaces; excavation and proper disposal of Commissioners Minutes Continued. December 9, 2010 1191 potentially contaminated soil as part of creating a storm water retention pond; site preparation to install the foundation for a wind turbine; and contingency. 5. The cost of these eligible plan activities will be reimbursed to the developer by the Oakland County Brownfield Redevelopment Authority (OCBRA) from tax capture based on the incremental value of the property. 6. No General Fund/General Purpose amendment or appropriation is required. FINANCE COMMITTEE (The vote for this motion appears on page 1203.) *MISCELLANEOUS RESOLUTION #10318 BY: Planning and Building Committee, John Scott, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT/PARKS AND RECREATION COMMISSION – REQUEST FOR APPROVAL OF RESIDENTIAL LEASE AGREEMENT WITH MELANIE ALEXANDER AND DELMAR AND DARLENE MILLER, INDEPENDENCE OAKS COUNTY PARK To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is the owner of Independence Oaks County Park; and WHEREAS a two-story five bedroom house identified as 9965 Sashabaw Road is located on the grounds of Independence Oaks County Park; and WHEREAS it is the desire of the Parks and Recreation Commission to lease said house located at 9965 Sashabaw Road to Melanie Alexander and Delmar and Darlene Miller, for a period of one year commencing September 1, 2010; and WHEREAS under the terms and conditions of the attached Lease Agreement Melanie Alexander and Delmar and Darlene Miller will pay rent in the amount as follows: September 1, 2010 – August 31, 2011 $1,250.00 each month and pay all utility costs; and WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached lease agreement; and WHEREAS it is the recommendation of the Parks and Recreation Commission and the Department of Facilities Management that the Oakland County Board of Commissioners accept and approve the terms and conditions of the attached Lease Agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached Lease Agreement between the County of Oakland and Melanie Alexander and Delmar and Darlene Miller. BE IT FURTHER RESOLVED that the rent amount received be deposited in the Oakland County Parks and Recreation Rental House Revenue fund line item. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Lease Agreement and all other related documents between the County of Oakland and Melanie Alexander and Delmar and Darlene Miller, 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 Residential Lease Agreement on file in County Clerk’s office. FISCAL NOTE (MISC. #10318) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT/PARKS AND RECREATION COMMISSION – REQUEST FOR APPROVAL OF RESIDENTIAL LEASE AGREEMENT WITH MELANIE ALEXANDER AND DELMAR AND DARLENE MILLER, INDEPENDENCE OAKS COUNTY PARK To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced Miscellaneous Resolution and finds: Commissioners Minutes Continued. December 9, 2010 1192 1. The Oakland County Parks and Recreation Commission is seeking approval and acceptance of a residential lease agreement between the County of Oakland and Melanie Alexander and Delmar and Darlene Miller for the rental of a two-story, five-bedroom house identified as 9965 Sashabaw Road and located on the grounds of Independence Oaks County Park. 2. The residential lease agreement with Melanie Alexander and Delmar and Darlene Miller stipulates they will pay rent in the amount of $1,250 per month, and pay all utility costs, for a period of one year commencing September 1, 2010 through August 31, 2011. 3. A late fee of $25 will be paid for each monthly rent not received within five days of its due date and will be considered additional rent to compensate for costs incurred because of late payments. 4. In addition to rent and utilities, Melanie Alexander and Delmar and Darlene Miller will provide after hours security, contact and coordinate all emergency activities with local police and fire agencies, and arrange for emergency maintenance as necessary for Independence Oaks County Park. 5. The residential lease agreement was recommended for approval by the Oakland County Parks and Recreation Commission on November 3, 2010. 6. The monthly rent amount will be deposited in the Oakland County Parks and Recreation Fund, Independence Oaks Rent House revenue line item. 7. No General Fund/General Purpose or Parks and Recreation funding is required. 8. No budget amendment is recommended. FINANCE COMMITTEE (The vote for this motion appears on page 1203.) *MISCELLANEOUS RESOLUTION #10319 BY: Planning and Building Committee, John A. Scott, Chairperson IN RE: WATER RESOURCES COMMISSIONER – EVERGREEN-FARMINGTON SEWAGE DISPOSAL SYSTEM BONDS, SERIES 2010 BOND RESOLUTION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Board of Commissioners has determined that it is necessary to acquire, construct, and install sewage disposal system facilities to improve the Evergreen-Farmington Sewage Disposal System (the “Project”) through the issuance of bonds pursuant to the provisions of Act 34, Public Acts of Michigan, 2001, as amended ("Act 34"); and WHEREAS notice of the issuance of the bonds as required by section 517 of Act 34 was published in The Oakland Press on October 15, 2010; and WHEREAS the cost of the Project is estimated to be not less than $7,000,000; and WHEREAS the Board of Commissioners desires to proceed with the acquisition, construction and financing of the Project and the issuance of bonds of the County in an aggregate principal amount of not to exceed $7,000,000 to defray all or part of the cost of the Project. THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of Oakland, Michigan, as follows: 1. DEFINITIONS Unless the context otherwise requires, the terms defined in this Section 1 shall, for all purposes of this Bond Resolution and the recitals herein, have the following meanings: “Act 34” means Act No. 34, Public Acts of Michigan, 2001, as amended. “ARRA” means the American Recovery and Reinvestment Act of 2009, being Public Law No. 111-5, 123 Stat. 115 (2009), enacted on February 17, 2009 by the Congress of the United States. “Bond Registrar and Paying Agent” means the bond registrar and paying agent appointed pursuant to Section 7 hereof. “Bond Resolution” means this resolution, as it may be amended and supplemented from time to time in accordance with the terms hereof. “Bonds” means the County's Evergreen-Farmington Sewage Disposal System Bonds, Series 2010 authorized by Sections 2 and 3 of this Bond Resolution. “Build America Bonds” means Bonds that meet the definition of a “build America bond” in Section 54AA(d) of the Code and the definition of a “qualified bond” under Section 54AA(g)(2) of the Code and for which the County will be allowed a Refundable Credit, all as authorized by Section 1531, Title 1 of Division B of ARRA. Commissioners Minutes Continued. December 9, 2010 1193 “Code” means the Internal Revenue Code of 1986, as amended. “Construction Fund” means the fund described in Section 12 of this Bond Resolution. “County” means the County of Oakland, Michigan. "County Agency" means the Water Resources Commissioner as County Agency pursuant to Act 342, Public Acts of Michigan, 1939, as amended. “Debt Service Fund” means the fund established pursuant to Section 11 of this Bond Resolution. “DTC” means The Depository Trust Company, New York, New York. “Interest Payment Date” means each date or dates set forth in a Sale Order on which interest shall be payable on the Bonds. “Letter of Representations” means the Blanket Issuer Letter of Representations between the County and DTC. “Recovery Zone Economic Development Bonds” means Build America Bonds that meet the definition of a “recovery zone economic development bond” in Section 1400U-2 of the Code and for which the County will be allowed a Refundable Credit, all as authorized by Section 1400U-2 of the Code. “Redemption Price” means, with respect to any Bond, the principal amount thereof, plus the applicable premium, if any, payable upon redemption thereof pursuant to this Bond Resolution. “Refundable Credit” means with respect to Recovery Zone Economic Development Bonds, an amount equal to 45 percent of the interest due on the Recovery Zone Economic Development Bonds on each Interest Payment Date, to be paid to the County by the United States Department of Treasury in accordance with Sections 1400U-2 and 6431 of the Code. “Sale Order” means the written order of the County Agency, approving the sale of the Bonds and making certain determinations regarding the final terms thereof within the parameters of this Bond Resolution. “Tax-Exempt Bonds” means Bonds the interest on which is excluded from gross income for federal income tax purposes. 2. AUTHORIZATION OF BONDS -- PURPOSE Bonds of the County aggregating the principal sum to be determined by the County Agency, but not to exceed Seven Million Dollars ($7,000,000), shall be issued and sold for the purpose of defraying all or part of the cost of the Project, including the cost of issuing the Bonds. The County Agency may determine to delete various components from the Project for the purpose of the issuance of the Bonds if he determines that it is in the best interest interests of the County to do so. 3. BOND DETAILS The Bonds shall be designated "Evergreen-Farmington Sewage Disposal System Bonds, Series 2010"; shall be in the principal amount and shall be dated as of such date as set forth in the Sale Order; shall be numbered from 1 upwards; shall be fully registered; shall be in the denomination of $5,000 each or any integral multiple thereof not exceeding the aggregate principal amount for each maturity at the option of the purchaser thereof; shall bear interest at a rate or rates not exceeding 6% per annum, in the case of Tax-Exempt Bonds, if any, and 8% per annum, in the case of Recovery Zone Economic Development Bonds, if any, to be determined upon the sale thereof payable on each Interest Payment Date; and shall mature on such dates and in such amounts as shall be determined by the County Agency in the Sale Order; and shall be sold at a purchase price to be determined by the County Agency in the Sale Order. 4. PAYMENT OF PRINCIPAL AND INTEREST The principal of and interest on the Bonds shall be payable in lawful money of the United States. Principal shall be payable upon presentation and surrender of the Bonds to the Bond Registrar and Paying Agent as they severally mature. Interest shall be paid to the registered owner of each Bond as shown on the registration books at the close of business on the fifteenth day of the calendar month preceding the month in which the interest payment is due. Interest shall be paid when due by check or draft drawn upon and mailed by the Bond Registrar and Paying Agent to the registered owner at the registered address. Commissioners Minutes Continued. December 9, 2010 1194 5. BOOK-ENTRY SYSTEM initially, one fully-registered bond for each maturity, in the aggregate amount of such maturity, shall be issued in the name of Cede & Co., as nominee of DTC for the benefit of other parties (the "Participants") in the book-entry-only transfer system of DTC. In the event the County determines that it is in the best interest of the County not to continue the book- entry system of transfer or that the interests of the holders of the Bonds might be adversely affected if the book-entry system of transfer is continued, the County may notify DTC and the Bond Registrar and Paying Agent, whereupon DTC will notify the Participants of the availability through DTC of bond certificates. In such event, the Bond Registrar and Paying Agent shall deliver, transfer and exchange bond certificates as requested by DTC and any Participant or "beneficial owner" in appropriate amounts in accordance with this Bond Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the County and the Bond Registrar and Paying Agent and discharging its responsibilities with respect thereto under applicable law or the County may determine that DTC is incapable of discharging its duties and may so advise DTC. In either such event, the County shall use reasonable efforts to locate another securities depository. Under such circumstances (if there is no successor securities depository), the County and the Bond Registrar and Paying Agent shall be obligated to deliver bond certificates in accordance with the procedures established by this Bond Resolution. In the event bond certificates are issued, the provisions of this Bond Resolution shall apply to, among other things, the transfer and exchange of such certificates and the method of payment of principal of and interest on such certificates. Whenever DTC requests the County and the Bond Registrar and Paying Agent to do so, the County and the Bond Registrar and Paying Agent shall cooperate with DTC in taking appropriate action after reasonable notice to make available one or more separate certificates evidencing the Bonds to any Participant having Bonds certified to its DTC account or to arrange for another securities depository to maintain custody of certificates evidencing the Bonds. Notwithstanding any other provision of this Bond Resolution to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to the principal of, interest on and redemption premium, if any, on such Bonds and all notices with respect to the Bonds shall be made and given, respectively, to DTC as provided in the Blanket Issuer Letter of Representations between the County and DTC. The County Agency or the County Treasurer is authorized to sign the Letter of Representations on behalf of the County, in such form as the County Agency or the County Treasurer deems necessary or appropriate, in order to accomplish the issuance of the Bonds in accordance with law and this Bond Resolution. Notwithstanding any provision of this section to the contrary, if the County Treasurer deems it to be in the best interest of the County, the Bonds shall not initially be issued through the book- entry-only transfer system of DTC. 6. OPTIONAL MANDATORY AND EXTRAORDINARY REDEMPTION The Bonds shall be subject to redemption prior to maturity upon such terms and conditions as shall be determined by the County Agency at the time of sale. 7. BOND REGISTRAR AND PAYING AGENT The County Treasurer shall designate and enter into an agreement with a bond registrar and paying agent for the Bonds that shall be a bank or trust company located in the State of Michigan that is qualified to act in such capacity under the laws of the United States of America or the State of Michigan. The County Treasurer may from time to time as required designate a similarly qualified successor bond registrar and paying agent. 8. EXECUTION, AUTHENTICATION AND DELIVERY OF BONDS The Bonds shall be executed in the name of the County by the manual or facsimile signatures of the Chairperson of the Board of Commissioners and the County Clerk and authenticated by the manual signature of the Bond Registrar and Paying Agent or an authorized representative of the Bond Registrar and Paying Commissioners Minutes Continued. December 9, 2010 1195 Agent, and the seal of the County (or a facsimile thereof) shall be impressed or imprinted on the bonds. After the Bonds have been executed and authenticated for delivery to the original purchaser thereof, they shall be delivered by the County Treasurer to the purchaser upon receipt of the purchase price. Additional Bonds bearing the manual or facsimile signatures of the Chairperson of the Board of Commissioners and the County Clerk and upon which the seal of the County (or a facsimile thereof) is impressed or imprinted may be delivered to the Bond Registrar and Paying Agent for authentication and delivery in connection with the exchange or transfer of Bonds. The Bond Registrar and Paying Agent shall indicate on each bond the date of its authentication. EXCHANGE AND TRANSFER OF BONDS Any bond, at the option of the registered owner thereof and upon surrender thereof to the Bond Registrar and Paying Agent with a written instrument of transfer satisfactory to the Bond Registrar and Paying Agent duly executed by the registered owner or his duly authorized attorney, may be exchanged for bonds of any other authorized denominations of the same aggregate principal amount and maturity date and bearing the same rate of interest as the surrendered bond. Each bond shall be transferable only upon the books of the County, which shall be kept for that purpose by the Bond Registrar and Paying Agent, upon surrender of such bond together with a written instrument of transfer satisfactory to the Bond Registrar and Paying Agent duly executed by the registered owner or his duly authorized attorney. Upon the exchange or transfer of any bond, the Bond Registrar and Paying Agent on behalf of the County shall cancel the surrendered bond and shall authenticate and deliver to the transferee a new bond or bonds of any authorized denomination of the same aggregate principal amount and maturity date and bearing the same rate of interest as the surrendered bond. If, at the time the Bond Registrar and Paying Agent authenticates and delivers a new bond pursuant to this section, payment of interest on the bonds is in default, the Bond Registrar and Paying Agent shall endorse upon the new bond the following: "Payment of interest on this bond is in default. The last date to which interest has been paid is [insert applicable date]." The County and the Bond Registrar and Paying Agent may deem and treat the person in whose name any bond shall be registered upon the books of the County as the absolute owner of such bond, whether such bond shall be overdue or not, for the purpose of receiving payment of the principal of and interest on such bond and for all other purposes, and all payments made to any such registered owner, or upon his order, in accordance with the provisions of Section 4 of this Bond Resolution shall be valid and effectual to satisfy and discharge the liability upon such bond to the extent of the sum or sums so paid, and neither the County nor the Bond Registrar and Paying Agent shall be affected by any notice to the contrary. The County agrees to indemnify and save the Bond Registrar and Paying Agent harmless from and against any and all loss, cost, charge, expense, judgment or liability incurred by it, acting in good faith and without negligence hereunder, in so treating such registered owner. For every exchange or transfer of bonds, the County or the Bond Registrar and Paying Agent may make a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. The Bond Registrar and Paying Agent shall not be required to transfer or exchange bonds or portions of bonds which have been selected for redemption. 9. FORM OF BONDS The Bonds shall be in substantially the following form, with such changes thereto as necessary to conform to any order of the County Agency issued in accordance with this Bond Resolution: UNITED STATES OF AMERICA STATE OF MICHIGAN COUNTY OF OAKLAND EVERGREEN-FARMINGTON SEWAGE DISPOSAL SYSTEM BOND, SERIES 2010 INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP Commissioners Minutes Continued. December 9, 2010 1196 Registered Owner: Principal Amount: The County of Oakland, State of Michigan (the "County"), acknowledges itself indebted to, and for value received, hereby promises to pay to the Registered Owner identified above, or registered assigns, the Principal Amount set forth above on the Maturity Date specified above, unless redeemed prior thereto as hereinafter provided, upon presentation and surrender of this bond at corporate trust office of __________________________________________________, ___________, Michigan, the bond registrar and paying agent, or at such successor bond registrar and paying agent, as may be designated pursuant to the Resolution, and to pay to the Registered Owner as shown on the registration books at the close of business on the 15th day of the calendar month preceding the month in which an interest payment is due, by check or draft drawn upon and mailed by the bond registrar and paying agent by first class mail postage prepaid to the Registered Owner at the registered address, interest on such Principal Amount from __________, ____, or such later date through which interest has been paid until the County's obligation with respect to the payment of such Principal Amount is discharged, at the rate per annum specified above. Interest is payable on the first day of April and October in each year, commencing on __________ 1, ____. Principal and interest are payable in lawful money of the United States of America. Interest shall be computed on the basis of a 360 day year of twelve 30-day months. This bond is one of a series of bonds aggregating the principal sum of _______________________________ ($_________) issued by the County under and pursuant to and in full conformity with the Constitution and Statutes of Michigan (especially Act No. 34, Public Acts of Michigan, 2001, as amended) and a bond authorizing resolution adopted by the Board of Commissioners of the County (the "Resolution") and an order of the Water Resources Commissioner of the County as County Agency for the purpose of defraying all or part of the cost of acquiring, constructing, and installing sewage disposal system facilities to improve the Evergreen-Farmington Sewage Disposal System in the County of Oakland, Michigan (the "System"). The County has authorized the revenues of the System to be used to pay the principal of and interest on the bonds when due. In addition, the County has irrevocably pledged its full faith and credit for the prompt payment of the principal of and interest on the bonds as the same become due. The principal of and interest on the bonds are payable as a first budget obligation of the County from its general funds. The ability of the County to raise such funds is subject to applicable statutory and constitutional limitations on the taxing power of the County. The amount of taxes necessary to pay the principal of and interest on the bonds, together with the taxes levied for the same year, shall not exceed the limit authorized by law. This bond is transferable, as provided in the Resolution, only upon the books of the County kept for that purpose by the bond registrar and paying agent, upon the surrender of this bond together with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the Registered Owner or his attorney duly authorized in writing. Upon the exchange or transfer of this bond a new bond or bonds of any authorized denomination, in the same aggregate principal amount and of the same interest rate and maturity, shall be authenticated and delivered to the transferee in exchange therefore as provided in the Resolution, and upon payment of the charges, if any, therein provided. Bonds so authenticated and delivered shall be in any denomination not exceeding the aggregate principal amount for each maturity. The bond registrar and paying agent shall not be required to transfer or exchange this bond or any portion of this bond that has been selected for redemption. MANDATORY PRIOR REDEMPTION Bonds maturing in the year ____ are subject to mandatory prior redemption at par and accrued interest as follows: Commissioners Minutes Continued. December 9, 2010 1197 Redemption Date Principal Amount of Bonds to be Redeemed Bonds or portions of bonds to be redeemed by mandatory redemption shall be selected by lot. (REPEAT IF MORE THAN ONE TERM BOND) OPTIONAL PRIOR REDEMPTION Bonds maturing prior to _______ 1, 20__, are not subject to redemption prior to maturity. Bonds maturing on and after _______ 1, 20__, are subject to redemption prior to maturity at the option of the County, in such order as shall be determined by the County, on any one or more interest payment dates on and after _______ 1, 20__. Bonds of a denomination greater than $5,000 may be partially redeemed in the amount of $5,000 or any integral multiple thereof. If less than all of the bonds maturing in any year are to be redeemed, the bonds or portions of bonds to be redeemed shall be selected by lot. The redemption price shall be the par value of the bond or portion of the bond called to be redeemed plus interest to the date fixed for redemption without premium. Not less than thirty days' notice of redemption shall be given to the registered owners of bonds called to be redeemed by mail to each registered owner at the registered address. Bonds or portions of bonds called for redemption shall not bear interest on and after the date fixed for redemption, provided funds are on hand with the bond registrar and paying agent to redeem the same. It is hereby certified, recited and declared that all acts, conditions and things required to exist, happen and be performed precedent to and in the issuance of this bond, existed, have happened and have been performed in due time, form and manner as required by law, and that the total indebtedness of the County, including this bond, does not exceed any constitutional or statutory limitation. IN WITNESS WHEREOF the County of Oakland, State of Michigan, by its Board of Commissioners, has caused this bond to be executed in its name by the manual or facsimile signatures of its Chairperson of the Board of Commissioners and County Clerk and its seal (or a facsimile thereof) to be impressed or imprinted hereon. This bond shall not be valid unless the Certificate of Authentication has been manually executed by the Bond Registrar and Paying Agent or an authorized representative of the bond registrar and paying agent. COUNTY OF OAKLAND By: ____________________________________ Chairperson of the Board of Commissioners (SEAL) And: ____________________________________ County Clerk CERTIFICATE OF AUTHENTICATION This bond is one of the bonds described in the within-mentioned Resolution. ___________________________ Bond Registrar and Paying Agent Commissioners Minutes Continued. December 9, 2010 1198 By: ______________________ Authorized Representative AUTHENTICATION DATE: ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto ______________________________________________________________________________ (please print or type name, address and taxpayer identification number of transferee) the within bond and all rights thereunder and hereby irrevocably constitutes and appoints ______________________________________________________________________________ attorney to transfer the within bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: ____________________ __________________________________________ Signature Guaranteed: __________________________________________ Signature(s) must be guaranteed by an eligible guarantor institution participating in a Securities Transfer Association recognized signature guarantee program. [END OF BOND FORM] 10. DEBT SERVICE FUND. There shall be established for the Bonds a debt service fund which shall be kept in a separate bank account. From the proceeds of the sale of the Bonds there shall be set aside in the debt service fund any accrued interest received from the purchaser of the Bonds at the time of delivery of the Bonds plus such portion of premium received from the original purchaser of the Bonds as determined in the Sale Order. All payments made by the County pursuant to Section 13 of the Bond Resolution and all Refundable Credits pledged for payment of the principal of and interest on the Bonds shall be placed in the debt service fund. 11. CONSTRUCTION FUND. The remainder of the proceeds of the sale of the Bonds shall be set aside in a construction fund and used solely to defray the cost of acquisition, construction and installation of the Project, including any legal and other expenses incidental thereto. The Board of Commissioners expects that all proceeds of the sale of the Bonds set aside in the construction fund will be fully expended for such purpose. 12. SECURITY. It is expected that the principal of and interest on the Bonds will be paid from revenues of the Evergreen-Farmington Sewage Disposal System (the "System"), and such revenues are hereby authorized to be used for such purpose. In addition, the full faith and credit of the County and the Refundable Credit related to the Bonds are pledged hereby to the payment of the principal and interest on the Bonds authorized by this Bond Resolution. Each year the County shall include in its budget as a first budget obligation an amount sufficient to pay such principal and interest as the same shall become due. The ability of the County to raise such funds is subject to applicable constitutional and statutory limitations on the taxing power of the County. The amount of taxes necessary to pay the principal of and interest on the Bonds, together with the taxes levied for the same year, shall not exceed the limit authorized by law. To the extent that the revenues of the System are insufficient to pay the principal of and interest on the Bonds, the proceeds of such taxes (both current and delinquent) shall be deposited as collected into a Debt Service Fund that shall be established for the bonds, and until the principal Commissioners Minutes Continued. December 9, 2010 1199 of and the interest on the Bonds are paid in full, such proceeds shall be used only for payment of such principal and interest. 13. ESTIMATES OF PERIOD OF USEFULNESS AND COST The estimated period of usefulness of the Project is hereby determined to be not less than thirty (30) years and upwards, and the plans for and estimated cost of the Project in the amount of not less than $7,000,000 are hereby approved and adopted. 14. DEFEASANCE In the event cash or direct obligations of the United States or obligations the principal of and interest on which are guaranteed by the United States, or a combination thereof, the principal of and interest on which, without reinvestment, come due at times and in amounts sufficient to pay, at maturity or irrevocable call for earlier optional redemption, the principal of and interest on the Bonds, shall have been deposited in trust, this Bond Resolution shall be defeased and the owners of the Bonds shall have no further rights under this Bond Resolution except to receive payment of the principal of and interest on the Bonds from the cash or securities deposited in trust and the interest and gains thereon and to transfer and exchange Bonds as provided herein. 15. REPLACEMENT OF BONDS Upon receipt by the County Treasurer of proof of ownership of an unmatured Bond, of satisfactory evidence that the Bond has been lost, apparently destroyed or wrongfully taken and of security or indemnity which complies with applicable law and is satisfactory to the County Treasurer, the County Treasurer may authorize the Bond Registrar and Paying Agent to deliver a new executed bond to replace the bond lost, apparently destroyed or wrongfully taken in compliance with applicable law. In the event an outstanding matured bond is lost, apparently destroyed or wrongfully taken, the County Treasurer may authorize the Bond Registrar and Paying Agent to pay the bond without presentation upon the receipt of the same documentation required for the delivery of a replacement bond. The Bond Registrar and Paying Agent, for each new bond delivered or paid without presentation as provided above, shall require the payment of expenses, including counsel fees, which may be incurred by the Bond Registrar and Paying Agent and the County in the premises. Any bond delivered pursuant the provisions of this section in lieu of any bond lost, apparently destroyed or wrongfully taken shall be of the same form and tenor and be secured in the same manner as the bond in substitution for which such bond was delivered. 16. SALE, ISSUANCE, DELIVERY, TRANSFER AND EXCHANGE OF BONDS The County Agency shall determine the principal amount of the Bonds to be sold and the other bond details as described in this Bond Resolution. In addition, in order to save the cost of publication of an Official Notice of Sale, the County hereby determines that it will sell the Bonds at a negotiated sale after solicitation of proposals from prospective purchasers by its financial consultant, Municipal Financial Consultants Incorporated. The County's financial consultant is authorized to solicit proposals from at least twenty-five prospective purchasers and to circulate a Request for Proposal at least seven days prior to the date fixed for receipt of proposals for the purchase of the Bonds. The Request for Proposal shall be in substantially the form approved by the County Agency at the time of sale with such changes therein as are not inconsistent with this Bond Resolution. The financial consultant is hereby designated to act for and on behalf of the County to receive proposals for the purchase of the Bonds and to take all other steps necessary in connection with the sale and delivery thereof. The Sale Order shall be executed by the County Agency at the time of the sale of the Bonds and shall set forth the principal amount, principal maturities and payment dates, interest rates and Interest Payment Dates, and redemption provisions, if any, with respect to the Bonds, the purchase price to be paid by the purchaser, compensation to be paid to the purchaser, if any, and designation as Tax-Exempt Bonds and/or Recovery Zone Economic Development Bonds, as the case may be, as well as such other provisions as the County Agency determines to be necessary or appropriate in connection with the sale of the Bonds The County Agency is authorized to designate all or any part of the Bonds Commissioners Minutes Continued. December 9, 2010 1200 as Recovery Zone Economic Development Bonds, as provided in Sections 54AA and 1400U-2 of the Code, if determined that such designation is economic and in the best interests of the County. (b) The County Agency, the County Treasurer, the County Clerk and other County officials and employees are hereby authorized to do all other things necessary to effectuate the sale, issuance, delivery, transfer and exchange of the Bonds in accordance with the provisions of this Bond Resolution. 17. TAX COVENANT (a) The County covenants to comply with all requirements of the Code necessary to assure that the interest on the Tax-Exempt Bonds, if any, will be and will remain excludable from gross income for federal income tax purposes. The County Agency, the County Treasurer and other appropriate County officials are authorized to do all things necessary to assure that the interest on the Tax-Exempt Bonds, if any, will be and will remain excludable from gross income for federal income tax purposes. (b) The County Agency and the County Treasurer are each authorized to make any tax covenants on behalf of the County in connection with the issuance of Recovery Zone Economic Development Bonds, if any, that are determined to be in the best interests of the County and necessary for the County to receive any Refundable Credit related to such Bonds. The County Agency, the County Treasurer and other appropriate County officials are authorized to do all things necessary to assure compliance with any such covenants. 18. OFFICIAL STATEMENT The County Agency and the County Treasurer are each authorized to cause the preparation of an official statement for the Bonds for the purpose of enabling compliance with Rule 15c2-12 issued under the Securities Exchange Act of 1934, as amended (the "Rule") and to do all other things necessary to enable compliance with the Rule. After the award of the Bonds, the County will provide copies of a "final official statement" (as defined in paragraph (e)(3) of the Rule) on a timely basis and in reasonable quantity as requested by the successful bidder or bidders to enable such bidder or bidders to comply with paragraph (b)(4) of the Rule and the rules of the Municipal Securities Rulemaking Board. 19. CONTINUING DISCLOSURE The County Treasurer is authorized to execute a certificate of the County, constituting an undertaking to provide ongoing disclosure about the County for the benefit of the holders of the bonds as required under paragraph (b)(5) of the Rule, and amendments to such certificate from time to time in accordance with the terms of the certificate (the certificate and any amendments thereto are collectively referred to herein as the "Continuing Disclosure Certificate"). The County hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. 20. CONFLICTING RESOLUTIONS All resolutions and parts of resolutions, insofar as they are in conflict herewith, are rescinded. Chairperson, on behalf of the Planning & Building Committee, I move adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE STATE OF MICHIGAN COUNTY OF OAKLAND I, the undersigned, the Clerk of the County of Oakland, County of Oakland, Michigan, do hereby certify that the foregoing is a true and correct copy of a resolution adopted at a regular meeting of the Board of Commissioners of said County held on the 9th day of December, 2010, the original of which resolution is on file in my office. I further certify that notice of said meeting was given in accordance with the provisions of the Open Meetings Act, MCL 15.261 et. seq. Commissioners Minutes Continued. December 9, 2010 1201 IN WITNESS WHEREOF, I have hereunto affixed my official signature this ____ day of December, 2010. __________________________________________ Clerk, County of Oakland FISCAL NOTE (MISC. #10319) BY: Finance Committee, Tom Middleton, Chairperson IN RE: WATER RESOURCES COMMISSIONER - EVERGREEN-FARMINGTON SEWAGE DISPOSAL SYSTEM BONDS, SERIES 2010 BOND RESOLUTION 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 establishes the Evergreen-Farmington Sewage disposal system facilities improvement project and request that the Board of Commissioners pledge the full faith and credit of the County of Oakland for the payment of principal and interest on the Evergreen-Farmington Sewage Disposal System Bonds, Series 2010. 2. The bond issue is not to exceed $7,000,000 and is to be used for acquiring, constructing and installing sewage facilities to improve the Evergreen Farmington Sewage Disposal System. 3. The Bonds shall be classified as Tax Exempt Bonds or Recovery Zone Economic Development Bonds, or some combination thereof. The Tax Exempt Bonds interest rate shall not exceed 6% per annum; the Recovery Zone Economic Development Bonds interest rate shall not exceed 8% per annum. 4. The Bonds shall be issued in multiple series, will be in aggregate principal amounts of $5,000 or any integral multiple thereof, will mature in such years and principal amounts and will be callable prior to maturity as determined necessary by the County Agency. 5. The statutory limit for County debt is $5,774,507,651 (10% of State Equalized Value). As of November 4, 2010, the total pledged debt is $309,146,709 or approximately 0.53536% of the S.E.V. 6. The estimated project cost of $7,000,000 will be 100% apportioned to the Evergreen-Farmington Sewage Disposal System which will be responsible for all debt payments. 7. The Evergreen-Farmington Sewage Disposal System will pay for the bonds by the revenues generated from customers using the system. 8. No budget amendment is required. FINANCE COMMITTEE (The vote for this motion appears on page 1203.) *MISCELLANEOUS RESOLUTION #10320 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: CIRCUIT COURT – FY 2011 MICHIGAN MENTAL HEALTH COURT GRANT PROGRAM (MMHCGP) – GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Mental Health Court grant program has awarded the 6th Circuit Court funding in the amount of $14,600 for the period of October 1, 2010 through September 30, 2011; and WHEREAS this is the 3rd year of grant acceptance for this program; and WHEREAS this award partially funds the Adult Drug Court’s operations. The Court was established to deal with the problems of increasing recidivism, increasing use of alcohol and illegal drugs, and the increase in Jail days ordered; and WHEREAS the $14,600 award will be used to provide drug testing supplies and general support to the Adult Drug Court Program. There is no general fund financial obligation; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process and the Board of Commissioners Grant Acceptance Procedures Commissioners Minutes Continued. December 9, 2010 1202 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts grant funding from the Michigan Supreme Court in the amount of $14,600 for the period of October 1, 2010 through September 30, 2011. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant agreement and to approve any grant extensions of changes, within 15% of the original award, which is consistent with the original agreement approved. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment and continuations of the special revenue positions in the grant are contingent upon continued future levels of grant funding. PUBLIC SERVICES COMMITTEE Copy of Grant Review Signoff – Circuit Court, State Court Administrative Office Michigan Mental Health Court Grant Program FY 2011 Grant Contract, FY 11 MMHCGP Budget Summary (Revised), FY 11 MMHCGP Budget narrative (Revised), FY 11 MMHCGP Budget detail worksheet (Revised), State of Michigan 95th Legislature Regular Session of 2010, Michigan Supreme Court letter to Honorable Nancy Grant on file in County Clerk’s office. FISCAL NOTE (MISC. #10320) BY: Finance Committee, Tom Middleton, Chairperson IN RE: CIRCUIT COURT – FY 2011 MICHIGAN MENTAL HEALTH COURT GRANT PROGRAM (MMHCGP) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The 6th Circuit Court has been awarded a grant in the amount of $14,600 from the Michigan Mental Health Court grant program to assist in funding the Court’s Adult Drug Court. 2. This is the third year of this grant award. 3. The grant period is October 1, 2010 to September 30, 2011. 4. There are no personnel costs associated with this grant and not grant match required. 5. The FY 2011 Special Revenue budget is amended as follows to recognize the grant award: Michigan Mental Health Court Grant FY 2011 FY 2011 FY 2011 Fund #27175 Grant GR0000000423 Adopted Budget Amended Budget Amendment Budget Circuit Court -Civil Criminal Division Revenue 3010301-121200-615571 Grants State $ 0 $ 14,600 $ 14,600 Total Revenue $ 0 $ 14,600 $ 14,600 Expenditures 3010301-121200-750280 Lab Supplies $ 0 $ 7,820 $ 7,820 3010301-121200-732018 Travel and Conference 0 6,780 6,780 Total Expenditures $ 0 $ 14,600 $ 14,600 FINANCE COMMITTEE (The vote for this motion appears on page 1203.) *MISCELLANEOUS RESOLUTION #10321 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: SHERIFF’S OFFICE – 2011 OFF-ROAD VEHICLE (ORV) SAFETY EDUCATION PROGRAM GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Commissioners Minutes Continued. December 9, 2010 1203 WHEREAS the State of Michigan, Department of Natural Resources (DNR), has awarded the Sheriff’s Office Marine Safety Unit $3,750 for the Off-Road Vehicle Safety Education Program; and WHEREAS the grant contract period is October 1, 2010 through September 30, 2011; and WHEREAS no county match or additional positions are required; and WHEREAS the acceptance of this grant does not obligate the County to any future commitment; and WHEREAS the continuation of the program is contingent upon future levels of reimbursement program funding. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the Department of Natural Resources 2010-2011 ORV Safety Education Program Grant Acceptance Agreement and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement, as attached. BE IT FURTHER RESOLVED that no grant match is required. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Grant Review Signoff – Sheriff’s Office, State of Michigan Department of Natural Resources & Environment on file in County Clerk’s office. FISCAL NOTE MISC. (#10321) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF’S OFFICE – 2011 OFF-ROAD VEHICLE (ORV) SAFETY EDUCATION PROGRAM GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The State of Michigan, Department of Natural Resources (DNR), has awarded the Sheriff’s Office Marine Safety Unit $3,750 for an Off-Road Vehicle Safety Education Program. 2. The grant period is from October 1, 2010 through September 30, 2011. 3. The DNR provides $15 per trained/certified ORV student; the estimated number of students is 250. 4. No County match or additional positions are required. 5. The Fiscal Year 2011 Sheriff’s Office Marine Safety budget is amended as follows: GENERAL FUND #10100 FY 2011 Revenue 10100-4030601-116200-615571 Grants State $3,750 Total General Fund Revenue $3,750 Expenditures 10100-4030601-116200-702140 Other Misc. Salaries $3,750 Total General Fund Expenditures $3,750 FINANCE COMMITTEE Vote on amended, Consent Agenda: AYES: Bullard, Burns, Coleman, Coulter, Douglas, Gershenson, Gingell, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack. (22) NAYS: (0) *MISCELLANEOUS RESOLUTION #10322 BY: Finance Committee, Thomas Middleton, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET – 2010 APPORTIONMENT OF LOCAL TAX RATES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Commissioners Minutes Continued. December 9, 2010 1204 WHEREAS your Finance Committee on Local Taxes has examined certificates, statements, papers and records submitted to it from the various townships, cities and villages having taxes to be spread upon the Tax Rolls, and has checked these documents with the pertinent laws, specifically Section 37 General Property Tax Laws, and has caused corrections to be made where necessary; and WHEREAS your committee has prepared tax certificates showing the certified rates as adjusted by M.C.L. 211.34, M.C.L. 211.34D, M.C.L. 211.24E and M.C.L. 211.34E of the General Property Tax Laws, authorized to be spread against state taxable valuations, which certificates are submitted herewith, and which are the basis for the tabulation above mentioned, and it is recommended that the Board of Commissioners authorize the Equalization Director to sign these certificates; and WHEREAS the electorate of the State of Michigan amended Article IX of the constitution and added Section 36; and WHEREAS the legislature, as directed, implemented said legislation under Section 37 of the General Property Tax Act and the 1976 State School Code, as amended; and WHEREAS the certified rates are subject to M.C.L. 211.36 which allows additional millage to be voted up to and including December 7, 2010 for schools and, if adopted, up to and including November 2, 2010 for taxing jurisdictions, as specified in said section; said additional millage(s) would require Board approval before they could be spread; and WHEREAS the electorate of the State of Michigan voted to limit school operating levies on homestead and non-homestead property taxes in accordance with this report. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners adopt the attached certificates with the recommendations herein contained as part of the permanent records of the Board. BE IT FURTHER RESOLVED that the Equalization Director be authorized and directed to sign the several tax certificates on which the attached tabulation was based, thereby authorizing and directing the various assessing officers to spread the rates against the taxable valuation set forth herein for 2010. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners, in compliance with the General Property Tax Act and the 50 mill limitation, directs the Equalization Division to revise the apportionment report for 2010 as follows: Previous Revised Reason Tax Authority Rate Rate For Change Township of Milford 7.8141 8.1941 New Millage Township of Waterford 10.3910 10.8896 New Millage Township of White Lake 6.9876 9.1116 New Millage City of Pontiac 17.0011 17.2211 Court Ordered Debt Northville District Library 1.1665 1.3665 New Millage Almont School District Operating 0 18.0000 Millage Renewal Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of the Oakland County Apportionment of Local Tax Rate 2010 on file in County Clerk’s office. Moved by Middleton supported by Long the resolution be adopted. AYES: Coleman, Coulter, Douglas, Gershenson, Gingell, Gremeil, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns. (22) NAYS: (0) A sufficient majority having voted in favor, the resolution was adopted. *MISCELLANEOUS RESOLUTION #10323 BY: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION - 2010/2011 COMPREHENSIVE PLANNING, BUDGETING AND CONTRACTING (CPBC) AGREEMENT ACCEPTANCE To the Oakland County Board of Commissioners Commissioners Minutes Continued. December 9, 2010 1205 Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Department of Community Health (MDCH) has awarded the Oakland County Health Division funding via the Comprehensive Planning, Budgeting, and Contracting Agreement for the period October 1, 2010 through September 30, 2011; and WHEREAS the 2009/2010 Comprehensive Planning, Budgeting, and Contracting Agreement award included a total funding amount of $13,271,671 in grant revenue and expenditures; and WHEREAS the 2010/2011 Comprehensive Planning, Budgeting, and Contracting Agreement award reflects grant funding in the amount of $9,339,870, a decrease of $3,931,801 from the previous year; and WHEREAS the budget detail for the various programs is a matter of negotiation between the Health Division and MDCH; amendments will be recommended to the FY 2011 Budget when details are finalized; and WHEREAS the CPBC Agreement has been submitted through the County Executive Review Process and is recommended for approval. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby accepts the 2010/2011 Comprehensive Planning, Budgeting, and Contracting (CPBC) agreement for funding in the amount of $9,339,870 for the period of October 1, 2010 through September 30, 2011. BE IT FURTHER RESOLVED that the future level of service, including personnel, be contingent upon the level of funding for this program. BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute this agreement, any changes and extensions to the agreement not to exceed fifteen percent (15%), which is consistent with the agreement as originally approved. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes its Chairperson to execute this Agreement subject to the following additional condition: That the County's approval for entering into this Agreement is specifically conditioned and premised upon the acceptance, approval and execution of the Agreement containing Addendum A, by the Michigan Department of Community Health, and that the failure of the Michigan Department of Community Health to execute the Agreement as specified shall, without any further act of the Oakland County Board of Commissioners, automatically negate and void the County’s approval and/or acceptance of this agreement as provided for in this resolution. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Grant Review Sign Off – Health Division, County of Oakland Department of Health and Human Services Health Division FY 2010/2011 Comprehensive Planning, Budget, and Contracting Agreement (CPBC) Acceptance, Michigan Department of Community Health FY 10/11 Agreement Addendum A, Grant Agreement between Michigan Department of Community Health hereinafter referred to as the “Department” and County of Oakland hereinafter referred to as the “Local Governing Entity” on Behalf of Health Department Oakland County Department of Health and Human Services/Health Division 1200 N. Telegraph Rd. Pontiac MI 48341 0432 Federal I.D. #38-6004876 hereinafter referred to as the “Contractor” for Comprehensive Agreement – FY 2011 Part I, DRAFT, Michigan Department of Community Health FY 10/11 Agreement Addendum A, Instructions for the Annual Budget for local Health Services Table of Contents on file in County Clerk’s Office. COUNTY OF OAKLAND DEPARTMENT OF HEALTH AND HUMAN SERVICES - HEALTH DIVISION FY 2010/2011 COMPREHENSIVE PLANNING, BUDGETING, AND CONTRACTING AGREEMENT (CPBC) ACCEPTANCE The Oakland County Health Division (OCHD) is accepting funding through the CPBC Agreement from the Michigan Department of Community Health (MDCH) in the total amount of $9,339,870. • The Agreement is for the period October 1, 2010 through September 30, 2011. • The Agreement provides for categorical grant funding and partial reimbursement for services provided in accordance with the Public Health Code (P.A. 368 of 1978, as amended). Changes included in the FY 2010/11 Agreement include: Commissioners Minutes Continued. December 9, 2010 1206 • Funding in the amount of $113,169 has been awarded to equip and staff the laboratory to maintain “Level B” status, which will allow the laboratory to examine potential bioterrorism-related materials. • Other Bioterrorism-related funding includes $228,215 for the Cities Readiness Initiative, a program to dispense medications to large populations in very short time frames in the event of an emergency, and $10,000 to defray the costs of housing the Regional Epidemiologist. • Funding has been discontinued for the Expanded HIV Testing, Generations with Promise and H1N1 programs. FISCAL NOTE (MISC. #10323) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION – 2010/2011 COMPREHENSIVE PLANNING, BUDGETING, AND CONTRACTING (CPBC) AGREEMENT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Michigan Department of Community Health (MDCH) has awarded Oakland County Health Division funding in the amount of $9,339,870 for the period October 1, 2010, through September 30, 2011. 2. The FY 2011 award reflects a decrease in the amount of $3,931,801 from the latest Fiscal Year 2009/2010 ending award amount of $13,271,671 (Please note that the Adopted Budget does not reflect the latest FY 2011 award). 3. The current FY 2011 General Purpose Health Fund Revenue Budget (Fund 20221) is $4,491,876. The FY 2011 award amount for the General Purpose Health Fund Revenue Budget is $4,158,493. Therefore, a budget amendment of $333,383 is recommended as detailed in Schedule A. 4. The budget amendment is to match the award amount, which includes additional State funding in the amount of $183,979 anticipated with future award (Amendment #1) and a reduction in expenditures of $149,404 with the deletion of two Health positions. 5. The current FY 2011 Grant Fund Revenue Budget is $5,213,059 which includes all fees and collections. The FY 2011 award amount for the Grant Fund Revenue is $5,332,408, which includes all fees and collections. Therefore, a budget amendment of $119,349 is recommended as detailed in Schedule A. 6. Detail of the total Health Fund Revenue is as follows: Michigan Dept. of Community Health $2,453,638 Food Protection 785,527 MDEQ Drinking Water 470,195 MDEQ On-Site Sewage 340,487 Sexually Transmitted Disease 108,646 Total Health Fund $4,158,493 7. Detail of the Total Grant Fund Revenue is as follows: Aids Prevention $ 497,900 Bioterrorism Coordinator 380,010 Cities Readiness Initiative 273,855 Childhood Lead 44,518 EPI Planner Workplace 10,000 Fetal Infant Mortality 5,400 Tobacco Reduction 30,000 CSHCS Outreach and Advocacy 285,000 Early Warning Infectious Dis. Surv 1,839 Immunization Action Plan 462,950 Commissioners Minutes Continued. December 9, 2010 1207 Adolescent Screening 73,000 Maternal and Infant Support 321,457 TB Control 62,003 BT Lab Program 113,169 Lab – ELC 15,000 Reaching More Child and Adults 116,520 Vaccine Replacement/Handling 107,255 WIC Breastfeeding Peer Council 73,603 WIC 2,307,898 Total Grants $5,181,377 Total Program $9,339,870 FINANCE COMMITTEE Moved by Long supported by Zack the resolution (with fiscal note attached) be adopted. Moved by Douglas supported by Long the resolution be amended as follows: Add another paragraph that states BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves the deletion of one (1) GFGP Public Health Nurse III position (1060236-00741), located in Field Nursing; and the deletion of one (1) GFGP Account Clerk II position (1060214-01417) located in Central Health Services. A sufficient majority having voted in favor, the amendment carried. Discussion followed. Vote on resolution, as amended: AYES: Douglas, Gingell, Greimel, Jacobsen, Long, McGillivray, Middleton, Potts, Runestad, Scott, Taub, Bullard. (12) NAYS: Coulter, Gershenson, Hatchett, Jackson, Nash, Schwartz, Woodward, Zack, Burns, Coleman. (10) A sufficient majority having voted opposed, the resolution (with fiscal note attached), as amended, was defeated. Moved by Coulter supported by Long to reconsider Miscellaneous Resolution #10323 – Department of Health and Human Services/Health Division – 2010/2011 Comprehensive Planning, Budgeting and Contracting (CPBC) Agreement Acceptance. A sufficient majority having voted in favor, the resolution was before the Board for reconsideration. *MISCELLANEOUS RESOLUTION #10324 BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS - OAKLAND COUNTY ETHICS ORDINANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the people of the state of Michigan demand all public officials adhere to high ethical standards and mandated in Article XI, §1 of the Michigan Constitution that all officers, legislative, executive and judicial, before entering upon the duties of their respective offices, take and subscribe the following oath or affirmation: I do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of this State, and that I will faithfully discharge the duties of the office of_________ according to the best of my ability; and WHEREAS Oakland County government has long acknowledged that our citizens are entitled to complete confidence in the integrity of their government and have required that those who administer and deliver Commissioners Minutes Continued. December 9, 2010 1208 public services adhere to high standards of conduct in keeping with the fiduciary responsibility inherent in public service positions; and WHEREAS Michigan statutory law expressly demands that all public officers and employees conduct themselves ethically in accordance with law; and WHEREAS the Michigan legislature has adopted a series of laws specifically regulating public servant conduct relating to conflicts of interest, incompatible public offices, contracts of public servants with public entities, setting standards of conduct for public employees, governing political activities by public employees, the Michigan Election Law, the Campaign Finance Act, the Conflicts of Interest by County Commissioners Act and the Appointments or Employment of Members of County Board by Other County Officers or Bodies Act; and WHEREAS the Michigan legislature also adopted dozens of criminal statutes that regulate and punish public officials and employees for unethical conduct amounting to bribery, corruption, perjury, extortion, larceny, embezzlement, false pretenses, racketeering, conspiracy, forgery, uttering and publishing, and 16 other acts specifically set forth in Chapter IXX of the Penal Code that are criminal if done by public officers or employees; and WHEREAS penalties for ethical lapses that violate these laws range from 90 days in jail to 4, 10 and 20 year felony prison sentences, include life imprisonment for some racketeering convictions and also provide for fines and loss of employment; and WHEREAS on October 11, 1990, the Oakland County augmented these extensive state constitutional and regulatory provisions by adopting MR #90244 setting forth Standards of Conduct for Oakland County Officers and Employees; and WHEREAS the Oakland County Board of Commissioners and elected officials desire to again affirm their commitment to ethical conduct in the execution of their public duties by adopting a restated ethics ordinance; and WHEREAS MCL 45.556(b) grants Oakland County legal authority to enact an ethics ordinance as long as the ordinance relates to county affairs, does not contravene the general laws of the state and does not interfere with the local affairs of a township, city, or village within the limits of the county; and WHEREAS enactment of the attached Oakland County Ethics Ordinance will affirm that Oakland County Government remains committed to the ethical administration of county functions. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners enacts the attached Oakland County Ethics Ordinance. BE IT FURTHER RESOLVED that the Oakland County Ethics Ordinance shall become effective when the requisite notice and other procedural requirements required under law are met. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE OAKLAND COUNTY ETHICS ORDINANCE CHAPTER ONE - PURPOSE AND DEFINITIONS Section 1 - 1. PURPOSE. The purpose of this ordinance is to set forth Standards of Conduct for the officers and employees of Oakland County Government (the "County"). The ordinance also provides references to certain state statutes that regulate the conduct of officers and employees of local government. The ordinance provides for the establishment of an Ethics Committee of the Board of Commissioners to hear complaints against officers and employees of the County and, when there is a reasonable basis to believe that the respondent has violated Chapter Two of this ordinance, to refer those complaints for a disciplinary hearing by the appointing authority and/or for action by the appropriate law enforcement authority. The ordinance provides for penalties for violations of this ordinance. Section 1 – 2. SCOPE. This ordinance is intended to regulate the conduct of county officers, officials, employees, appointees and volunteers in matters that relate to county affairs. It is not intended to and by law may not contravene the general laws of this state or interfere with the local affairs of a township, city, or village within the limits of the county. This ordinance is not intended to and does not limit the conduct of elected officials acting within their scope of authority or while exercising prerogatives of office authorized or permitted by law. Commissioners Minutes Continued. December 9, 2010 1209 It is recognized that certain officials, e.g., judges and certain judicial employees, while elected or appointed at the county level and/or funded by county taxpayers, are not county employees but are part of state government. Their conduct as state officials or employees is not subject to this code. It is also recognized that some officials and employees are “co-employees” over whom the Board of Commissioners have limited jurisdiction. These officials share common characteristics: their selection and appointments are, by specific statute, placed in the hands of elected officials of either the County or state government, they serve at the pleasure of those officials and their duties and responsibilities are expressly provided for by law. (See, e.g., MCL 45.558[e], County Department Heads; MCL 49.31, MCL 49.32, Assistant Prosecuting Attorneys and Chief Assistant Prosecuting Attorney; MCL 50.63, MCL 50.131, Chief Deputy Clerk; MCL 51.71, Under Sheriff, MCL 48.37, Deputy Treasurer; MCL 660.833(1) and MCL 600.833(2), Probate Register and Deputy Probate Registers, Fifty-Second District Court Magistrates etc. This list is not exhaustive as there are certain other deputy appointees, appointed by state or county-wide officials pursuant to law and whose job performance is not subject to Board of Commissioner control.) The ethical conduct of many of these officials and employees is covered by specific codes that supersede Board of Commissioner regulation. See, e.g.., the Michigan Rules of Professional Conduct and the Code of Judicial Conduct. In addition, rules of ethic conduct by promulgated and enforced by the various appointing authorities have been imposed these appointees. (See, e.g., the Sheriff’s Code of Conduct, the County Executive’s Code of Ethics, the Prosecutor’s Code of Ethics, the Oakland County Clerk/Register of Deeds Ethics Policy, etc.) This ordinance does not apply in cases where state constitutional or statutory law grants employment oversight and control of certain officers, officials or employees to an authority other than the Board of Commissioners. Section 1 - 2. Definitions. A. "Employee" means a person employed by the County, whether on a full-time or Part-time basis “Employee” also means a person appointed by a competent authority, including the Board of Commissioners, by an elected county official acting pursuant to lawful authority in making an appointment, or pursuant to statute, resolution or ordinance, to any position, whether paid or volunteer, wherein the person performs a function or duty on behalf of the County in the public interest. B. "Gift" means any gratuity, commission, discount, entertainment, hospitality, loan, forbearance, preference, advantage, priority, employment or other tangible or intangible item having monetary value including, but not limited to, cash, food and drink, travel, lodging, and honoraria for speaking engagements related to or attributable to government employment or the official position of an officer or employee. C. "Government contract" means a contract in which the county acquires goods or Services, or both, from another person or entity, but the term does not include a contract pursuant To which a person serves as an employee or appointed officer of the county. D. "Governmental decision" means a determination, action, vote, or disposition upon a Motion, proposal, recommendation, resolution, ordinance, or measure on which a vote by the Members of a legislative or governing body of a public entity is required and by which a public Entity formulates or effectuates public policy. E. "Immediate family" means a person and a person's spouse and the person's children and step- children, by blood or adoptions, who reside with that person. It shall also include a former spouse, an individual with whom he or she has or had a dating relationship, an individual with whom he or she has had a child in common, or a resident or former resident of the same household. Commissioners Minutes Continued. December 9, 2010 1210 F. "Officer or Official" means a person who holds office, by election or appointment within the County regardless of whether the officer is compensated for service in his or her official capacity. G. "Official action" means a decision, recommendation, approval, disapproval or other action or failure to act which involves the use of discretionary authority. H. "Prohibited source" means any person or entity who: (1) Is seeking official action (i) by an officer or (ii) by an employee, or by the officer or another employee directing that employee; (2) Does business or seeks to do business (i) with the officer or (ii) with an employee, or with the officer or another employee directing that employee; (3) Conducts activities regulated (i) by the officer or (ii) by an employee, or by the officer or another employee directing that employee; or (4) Has interests that may be substantially affected by the performance or nonperformance of the official duties of the officer or employee. CHAPTER TWO - STANDARDS OF CONDUCT Section 2 - 1. Gift Ban. Except as permitted by this ordinance, no official, officer or employee of the County shall intentionally solicit or accept any gift from any prohibited source or that is otherwise prohibited by law or ordinance. Note that MCL 750.125(2) specifically provides that an agent or employee shall not request or accept a commission, gift, or gratuity, or a promise of a commission, gift or gratuity, for the agent, employee, or another person or the doing of an act or offer of an act beneficial to the agent, employee or another person according to an agreement or understanding between the agent or employee and any other person that the agent or employee shall act in a particular manner in relation to his or her principal’s or employer’s business. Section 2 - 2. Exceptions. Unless application of state or federal law otherwise applies, Section 2 - 1 is not applicable to the following: (l) Opportunities, benefits, and services that are available on the same conditions as for the general public. (2) Anything for which the officer or employee pays the fair market value. (3) Any contribution that is lawfully made under the Campaign Finance Laws of the State of Michigan and that is reported in a campaign finance statement. Acceptance or donations of complimentary tickets to political events not requiring the performance of an official act or public duty and absent any agreement or understanding that an elected official, appointee or employee shall act in a particular manner in relation to his or her public office or employment is not subject to Section 2 – 1. (4) A gift from a relative, meaning those people related to the individual as father, mother, son, daughter, brother, sister, uncle, aunt, great aunt, great uncle, first cousin, nephew, niece, husband, wife, grandfather, grandmother, grandson, granddaughter, father-in-law, mother- in- law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, and including the father, mother, grandfather, or grandmother of an individual's spouse and the individual's fiancé or fiancé. (5) Anything provided by an individual on the basis of a personal friendship unless the Commissioners Minutes Continued. December 9, 2010 1211 recipient has reason to believe that, under the circumstances, the gift was provided because of the official position or employment of the recipient and not because of the personal friendship. In determining whether a gift is provided on the basis of personal friendship, the recipient shall consider the circumstances under which the gift was offered, such as: (i) the history of the relationship between the individual giving the gift and the recipient of the gift, including any – previous exchange of gifts between those individuals; (ii) whether to the actual knowledge of the recipient the individual who gave the gift personally paid for the gift or sought a tax deduction or business reimbursement for the gift; and (iii) whether to the actual knowledge of the recipient the individual who gave the gift also at the same time gave the same or similar gifts to other officers or employees. (6) Food or refreshments not exceeding $25 per person in value on a single calendar day; provided that the food or refreshments are (i) consumed on the premises from which they were purchased or prepared, or (ii) catered. For the purposes of this Section, "catered" means food or refreshments that are purchased ready to consume which are delivered by any means. (7) Food, refreshments, lodging, transportation, and other benefits resulting from outside business or employment activities (or outside activities that are not connected to the official duties of an officer or employee), if the benefits have not been offered or enhanced because of the official position or employment of the officer or employee, and are customarily provided to others in similar circumstances. (8) Intra-governmental and inter-governmental gifts. For the purpose of this ordinance, "intra-governmental gift" means any gift given to an officer or employee from another officer or employee of the County, and "inter-governmental gift" means any gift given to an officer or employee by an officer or employee of another governmental entity. (9) Bequests, inheritances, and other transfers at death. (10) Any item or items from any one prohibited source during any calendar year having a cumulative total value of less than $25 as long as the offer or receipt of any item of any value does not violate MCL 750.125 or other law. Each of the exceptions listed in this Section is mutually exclusive and independent of every other. Section 2 - 3. Disposition of gifts. An officer or employee does not violate this ordinance if he or she promptly takes reasonable action to return a gift from a prohibited source. Offers of, or solicitations for, gifts under circumstances that may amount to a violation of state or federal law shall be promptly reported to the appointing or supervisory authorities and/or to an appropriate law enforcement agency. Section 2 - 4. Confidential Information. A public officer or employee shall not divulge to an unauthorized person, confidential information acquired in the course of employment in advance of the time prescribed for its authorized release to the public by the appropriate Oakland County authority. See: Freedom of Information Act (FOIA), 1976 PA 442, MCL 15.231 et seq. Suppression of or refusal to provide public records of the County is governed by the FOIA, the Records Retention Schedule of the local unit as approved by the State Archivist, MCL 750.491 (Public records; removal, mutilation or destruction; penalty) and 1963 Const Art. 9, §23. Section 2 - 5. Personal Opinion. An officer or employee shall not represent his or her personal opinion as that of the County. Commissioners Minutes Continued. December 9, 2010 1212 Section 2 - 6. Public Resources. An officer or employee shall use personnel resources, property, and funds under the officer's or employee's official care and control judiciously and Solely in accordance with prescribed constitutional, statutory, and regulatory procedures and not for personal gain or benefit. Section 2 - 7. Personal Profit. A public officer or employee shall not engage in a business transaction in which the public officer or employee may profit from his or her official position or authority or benefit financially from confidential information which the public officer or employee has obtained or may obtain by reason of that position or authority. Instruction that is not done during regularly scheduled working hours, except for annual leave or vacation time, shall not be considered a business transaction pursuant to this subsection if the instructor does not have any direct dealing with or influence on the employing or contracting facility associated with his or her course of employment with this County. Section 2 - 8. Incompatibility and Conflicts of Interest. Except as otherwise provided in Const 1963, statute, or in Section 2 - 10, an officer or employee shall not engage in or accept employment or render services for a private or public interest when that employment or service is incompatible or in conflict with the discharge of the officer or employee's official duties or when that employment may tend to impair his or her independence of judgment or action in the performance of official duties. The simultaneous holding of more than one public position under certain circumstances is contrary to the requirements of the Incompatible Public Offices Act, MCL 15.181 et seq. However, the simultaneous holding of certain public positions is specifically authorized by the Michigan Constitution of 1963 or state statute. See: Incompatible Public Offices Act, 1978 PA 566, MCL 15.181 et seq. See: Const 1963, Article 7, Section 28. Local officials are specifically authorized to serve on the governing bodies of intergovernmental entities. Section 2 - 9. Personal and financial interests. Except as provided in Section 2 - 10, an officer or employee shall not participate in the negotiation or execution of contracts, making of loans, granting of subsidies, fixing of rates, issuance of permits or certificates, or other regulation or supervision relating to a business entity in which the officer or employee has a financial or personal interest. See: Conflict of Interest Act, 1968 PA 317, MCL 15.321 et seq. This Act governs the solicitation by and participation in government contracts by officers and employees of the County and preempts all local regulations of such conduct. However, the Conflict of Interest Act does not apply to contracts between the County and its officers and employees which are based on the County's powers to appoint officers and hire employees. See: Standards of Conduct for Public Officers and Employees, 1973 PA 196, MCL 15.341 et seq. Section 2 of that act, MCL 15.342, sets forth the standards listed in sections 2 - 4 to 2 - 9 of this ordinance. However, Section 2 of that act applies only to employees, classified or unclassified, of the executive branch of the state government. It is the desire of the Oakland County Board of Commissioners to apply these same standards to county officers, employees, officials, appointees and volunteers in the execution of activities that relate to county affairs and to provide sanctions for violation of these standards. Section 2 - 10. State Conflict of Interest Act, Validity of Contracts, and Voting on, Making, or Participating in Governmental Decisions. (1) This ordinance shall not, and by law may not, in any manner vary or change the requirements of 1968 PA 317, being sections 15.321 to 15.330 of the Michigan Compiled Laws which governs the solicitation by and participation in government contracts by officers and employees of the County. 1968 PA 317 preempts all local regulation of such conduct. Commissioners Minutes Continued. December 9, 2010 1213 (2) This ordinance is intended as a code of ethics for the County's officers, employees, appointees and volunteers. A contract in respect to which a public officer, employee, appointee or volunteer acts in violation of this ordinance, shall not be considered to be void or voidable unless the contract is a violation of a statute which specifically provides for that remedy. (3) Subject to subsection (4), sections 2 – 8 and 2 – 9 shall not apply and an officer shall be permitted to vote on, make, or participate in making a governmental decision if all of the following occur: (a) The requisite quorum necessary for official action on the governmental decision by the County's Board of Commissioners to which the officer has been elected or appointed is not available because the participation of the officer in the official action would otherwise violate sections 2 - 8 and 2 - 9. (b) The officer is not paid for working more than 25 hours per week for the County. (c) The officer promptly discloses any personal, contractual, financial, business, or employment interest he or she may have in the governmental decision and the disclosure is made part of the public record of the official action on the governmental decision. (4) If a governmental decision involves the awarding of a contract, Sections 2 - 8 and 2 - 9 shall not apply and a public officer shall be permitted to vote on, make, or participate in making the governmental decision if all of the following occur: (a) All of the conditions of subsection (3) are fulfilled. (b) The public officer will directly benefit from the contract in an amount less than $250.00 or less than 5% of the public cost of the contract, whichever is less. (c) The public officer files a sworn affidavit containing the information described in subdivision with the County's Board of Commissioners making the governmental decision. (d) The affidavit required by subsection (c) is made a part of the public record of the official action on the governmental decision. Section 2 - 11. Political Activities of Public Employee or Public Officer. (l) Employees of local units of government running for office, political campaigning by employees, and limitations on officers and employees seeking support from other employees for those campaigning for public office and for or against ballot proposals are regulated by the Political Activities by Public Employees Act, MCL 15.401 et seq. Complaints may be filed with the Michigan Department of Energy, Labor and Economic Growth, MCL 15.406, or other appropriate governmental agency. Violation of the provisions of that Act by employees and appointed officers are subject to appropriate disciplinary action, up to and including termination by the appointing authority. Violations of MCL 15.404 et seq. are hereby deemed to also be violations of this ordinance are subject to the sanctions listed in herein. (2) Michigan Campaign Finance Act, MCL 169.201 et seq. Complaints regarding compliance with that Act may be filed with the Michigan Department of State. See: Political Activities by Public Employees Act, 1976 PA 169, MCL 15.401 et seq. See: Michigan Campaign Finance Act, MCL 169.201 et seq. Section 2 - 12. Anti-nepotism. Commissioners Minutes Continued. December 9, 2010 1214 The employment of relatives is governed by the provisions of Merit Rule 18, “Employment of Relatives.” Rule 18 as it exists on December 9, 2010 is attached hereto as “Attachment 1” and is incorporated herein. Changes to Rule 18 adopted by the Oakland County Board of Commissioners after the effective date of this ordinance shall be affirmatively adopted by the Board as an amendment to this ordinance before any modification is incorporated herein. Section 2 - 13. Equal Opportunity Employment. All of the County's officials and employees must comply with the County's Equal Employment Opportunity Policy. All officials, employees and contractors are expected to conduct themselves in a manner that will ensure compliance with County policies and promote a work environment free from illegal discrimination or harassment. To abuse the dignity of anyone through racial, sexual, ethnic slurs, or other objectionable remarks or conduct is a violation of County policy. Section 2 - 14. Representation Before Governmental Body. An official or employee of the County shall not represent any other person in any matter that person has before the County when the officer or employee appoints, has budgetary authority, oversight or control, or otherwise supervises the office, department, board, commission, officer or employee responsible for handling the matter. Attorney officers, officials and employees are reminded that they are bound by the Michigan Rules of Professional Conduct and/or the Code of Judicial Conduct and that violations of those rules are also considered violations of this ordinance. Section 2 - 15. Transactional Disclosure. Whenever an officer or employee is required to recuse himself or herself under Chapter Two of this ordinance, he or she: (a) Shall immediately refrain from participating further in the matter, and (b) Shall prompt1y inform his or her superior, if any, and/or, if a Board of Commissioner Member or Commission appointee or employee, to the Board of Commissioners, and (c) Shall promptly file with the Ethics Committee and Clerk of the County, a signed Affidavit of Disclosure disclosing the reason for recusal. The Clerk shall send copies of the Affidavit of Disclosure to all of the members of the County's Board of Commissioners and to the elected official responsible for the employee’s supervision, oversight or control, and the Affidavit shall be attached to the minutes of the Board’s next meeting Section 2 - 16. Annual Disclosure Statement. The following elected and appointed officers and employees shall file an annual disclosure statement: all members of the County Board of Commissioners, the Oakland County Executive and his/her Deputy Executive(s), the Oakland County Prosecutor and his/her Chief Assistant Prosecutor(s), the Oakland County Clerk and Register of Deeds and his/her Deputy Clerk(s), the Oakland County Treasurer and his/her Deputy Treasurer(s) , the Oakland County Sheriff and his/her Undersheriff, the Oakland County Water Resources Commissioner and his/her Deputy(s), the Commissioners governing the Road Commission for Oakland County, the members of the Oakland County Parks and Recreation Commission, all directors and deputy directors of the County's administrative departments, and all employees who regularly exercise significant discretion over the solicitation, negotiation, approval, awarding, amendment, performance, or renewal of contracts with the County and/or with any of the County's subdivisions or departments. The annual disclosure statement shall disclose the following financial interest of the officer or employee or his or her immediate family in any company, business, or entity that has contracted with the County and/or with any of the County's subdivisions or departments or which has Commissioners Minutes Continued. December 9, 2010 1215 sought commercial licensure or approvals from the County in the two calendar years prior to the filing of the statement: (a) Any interest as a partner, owner, member, employee, or contractor in or for a co-partnership, limited liability company, or other unincorporated business entity; (b) Any interest as a beneficiary or trustee in a trust; (c) Any interest as a director, officer, employee or contractor in or for a corporation; and (d) Legal or beneficial ownership of 5% or more of the total outstanding stock of a corporation. The annual disclosure statement shall include a summary listing each business transaction with the County and/or with any of the County's subdivisions or departments involving a financial interest described in this section of the County's officer or employee and/or the immediate family of the officer or employee during the two prior calendar years. If there is no reportable financial interest or transaction applicable to the officer or employee and/or the immediate family of the officer or employee, the annual disclosure statement shall contain a certification to that effect. CHAPTER THREE – ETHICS COMMITTEE Section 3 - 1. There is hereby created a sub-committee of the Board of Commissioners to be known as the Ethics Committee. The Ethics Committee shall be comprised of three members appointed by the County's Board of Commissioners by at least a two-thirds (2/3) vote. The County's Board of Commissioners shall select the three members from among those commissioners elected and serving. No person shall be appointed or may continue to serve as a member of the Ethics Committee who is or has been related, either by blood or by marriage up to the degree of first cousin, or has a child in common with, or who resides or has resided in the same household or who has or had a dating relationship with, any elected official, officer or employee of the County. No more than two members of the Board shall belong to the same political party at the time such appointments are made or at any time thereafter. Party affiliation shall be determined by party declaration at the time of election or, in the case of a member who declares a change in party affiliation, as of the time of that declaration. No member shall be appointed or may continue to serve as a member of the Ethics Committee after their term of office as an Oakland County Board of Commissioner ends. Section 3 - 2. All members of the Ethics Committee shall be appointed to two-year terms by the County's Board of Commissioners as described in Section 3 1. Ethics Committee members may be reappointed to serve subsequent terms. At the first meeting of the Ethics Committee and thereafter, at the discretion of the Ethics Committee, the members shall choose a chairperson from their number. Meetings shall be held at the call of the chairperson or any two Ethics Committee members. A quorum shall consist of two members, and official action by the Ethics Committee shall require the affirmative vote of two Ethics Committee members. The business of the Ethics Committee, including its hearings, shall be conducted at a public meeting held in compliance with the Open Meetings Act, 1976 PA 267, MCL 15.261 et seq. Section 3 - 3. Removal and Vacancies. The County Board of Commissioners, by at least a two-thirds (2/3) vote, may remove a Ethics Committee member in case of conflict of interest, incompetence, neglect of duty, or malfeasance in office, after service on the Ethics Committee member by certified mail, return receipt requested, of a copy of the written charges against the Ethics Committee member and after providing an opportunity to the Ethics Committee member to be heard in person or by counsel upon not less than 10 days' notice. Commissioners Minutes Continued. December 9, 2010 1216 Mid-term vacancies shall be filled for the balance of the term in the same manner as original appointments. An interested party may move for the disqualification of a committee member for any of the grounds and set forth in Michigan Court Rule 2.003(C)(1) governing the disqualification of judges. The Ethics Committee shall establish the procedure to be followed, using MCR 2.003(D) as a model. The initial decision on disqualification shall be made by the challenged member and is subject to appeal to the remaining Ethics Committee members. The decision of the Ethics Committee may be appealed to the full Board of Commissioners who shall consider the matter de novo. The full Board of Commissioners’ decision shall be made by majority vote and their decision shall be final. Section 3 - 4. The Board of Ethics shall have the following powers and duties: (1) To promulgate procedures and rules governing the performance of its duties and the exercise of its powers, but it may not expand its powers beyond those stated in this Section 3-4. (2) To participate in ethics training workshops conducted by Department of Human Resources, for the County's officers and employees to help ensure that officers and employees are familiar with this ordinance and understand what conduct it prohibits. Workshops shall be conducted regularly as resources permit. (3) Upon receipt of a signed, notarized, written complaint against an official, officer, employee or volunteer over whom the Board of Commissioners has employment oversight or control alleging a violation of this ordinance, the Board may investigate, conduct hearings and deliberations and issue referrals for disciplinary hearings. The Ethics Committee may refer violations of Chapter Two of this Ordinance to the attention of the appropriate enforcement office with a request for the filing of the appropriate criminal prosecution or civil infraction actions. The Ethics Committee shall act only upon the receipt of a written complaint, signed by the complainant, alleging a violation of this ordinance occurring after this ordinance has been enacted and not upon its own initiative. (4) To receive information from the public pertaining to its investigations and to seek additional information and documents from officers and employees of the County (5) To request the attendance of witnesses and the production of books and papers pertinent to an investigation. MCL 45.556(j) sets forth the procedures that must be followed for investigation, hearings, compelling testimony, and securing records or relevant documents. It is the obligation of all officials, officers, employees and volunteers of the County to cooperate with the Ethics Committee during the course of its investigations. Failure or refusal to cooperate with requests by the Ethics Committee made in conformance with law may constitute grounds for discipline or discharge of appointed officers, employees or volunteers of the County in the manner authorized by law. (6) The powers and duties of the Ethics Committee are limited to matters clearly within the purview of this ordinance. Section 3 - 5. (a) Complaints alleging a violation of this ordinance shall be filed with the Clerk of the County. The Clerk or member of the Clerk's staff shall attend the Ethics Committee meetings and act as secretary for the Ethics Committee. (b) Within three business days after the receipt by the Clerk of a complaint, the Clerk shall send by certified mail, return receipt requested, a notice to the respondent that a complaint has been filed against him or her together with a copy of the complaint. Within three business days after receipt by the Clerk of a complaint, the Clerk shall send by certified mail, return receipt requested, a notice of confirmation of receipt of the complaint together with a copy of the complaint to the complainant. The notices sent to the respondent and the complainant shall also advise them of the date, time, and place of the Ethics Committee hearing to determine the sufficiency of the complaint and to establish whether there is a reasonable basis to believe that the respondent has violated Chapter Two of this Commissioners Minutes Continued. December 9, 2010 1217 ordinance. The Clerk shall also concurrently send copies of the foregoing complaint and notices to the members of the Ethics Committee. (c) The Ethics Committee shall conduct a hearing to review the sufficiency of the complaint and, if the complaint is deemed sufficient to allege a violation of Chapter Two of this ordinance, to determine whether there is a reasonable basis to believe that the respondent may have violated Chapter Two of this ordinance based on the evidence presented by the complainant and any additional evidence provided to the Ethics Committee at the hearing held pursuant to its investigatory powers. The complainant and respondent may be represented by counsel at the hearing. Within a reasonable period of time after the completion of the hearing, which may be conducted in one or more sessions at the discretion of the Ethics Committee, the Ethics Committee shall issue notice to the complainant and the respondent of the Ethics Committee's ruling on the sufficiency of the complaint and, if necessary, as to whether they find that there is a reasonable basis to believe that the respondent may have violated Chapter Two of this ordinance. If the complaint is deemed sufficient to allege a violation of Chapter Two of this ordinance and the Ethics Committee finds that there is a reasonable basis to believe that the respondent may have violated Chapter Two of this ordinance, then the Clerk shall notify in writing the attorney designated by the County Board of Commissioners and shall transmit to the attorney the complaint and all additional documents in the custody of the Ethics Committee concerning the alleged violation, with the Ethics Committee request for the filing of appropriate criminal or civil proceedings. The Clerk shall also provide these documents to the respondent's appointing authority within the County along with the Ethics Committee’s request for the commencement of appropriate disciplinary action consistent with any applicable collective bargaining agreement, Merit System Rules, other employment regulations of the County or state of federal law. (d) Sections 2b - 2e of the State Ethics Act, MCL 15.341 et seq, set forth protections for officers and employees who act as whistleblowers regarding the conduct of the County's officers and employees. Additional whistleblower protections are set forth in the Whistleblowers' Protection Act, 1980 PA 469, MCL 15.361 et seq. (e) Any person who files a complaint alleging a violation of this ordinance who knows or reasonably should have known that material information provided therein is not true or that information provided therein was made in reckless disregard for the truth is subject to a fine of up to $500 and may be ordered to pay the costs reasonably incurred by the County in investigating the complaint and the reasonable costs incurred by the Respondent in responding to the complaint. (f) A complaint must be filed with the Clerk within one year of the date the offense is alleged to have occurred. CHAPTER FOUR – SANCTIONS Section 4 - 1. Sanctions provided herein shall not be construed to diminish or impair the rights of an officer or employee under any collective bargaining agreement, the Merit System or other employment regulation of the County, of the state or of federal law, nor the County's obligation to comply with such collective bargaining agreements or Merit System provisions. Section 4 - 2. State statutes cited in this ordinance contain criminal penalties and civil remedies that, as provided in those statutes, may apply to the conduct regulated by those statutes. Section 4 - 3. A violation of this ordinance may be punished as a civil infraction by a fine of up to $500. Section 4 - 4. In addition to any other penalty, whether criminal or civil, an employee or officer who intentionally violates this ordinance may be subject to disciplinary action including censure, reprimand, removal, dismissal, or discharge by the appropriate authority. Commissioners Minutes Continued. December 9, 2010 1218 Section 4 - 5. In addition, the common law offense of misconduct in office (misfeasance, malfeasance, and nonfeasance) constitutes a felony as provided in the Michigan Penal Code, MCL 750.505 and willful neglect of duty constitutes a misdemeanor as provided in MCL 750.478. CHAPTER 5 - FORMS Section 5 – 1. The Board of Commissioners shall prepare and distribute forms required under this ordinance including but not limited to Complaint Forms, Annual Disclosure Forms and Transactional Disclosure Forms. ATTACHMENT 1 MERIT RULE 18 DECEMBER 9, 2010 18. EMPLOYMENT OF RELATIVES 18.1 COVERAGE 18.1.1 All sections of this rule shall apply to all positions covered by the Merit System, regardless of whether the department head obtained his or her position through election, appointment or Merit System appointment. 18.2 DEFINITION OF RELATIVE 18.2.1 For the purpose of this rule, a "relative" shall be a person holding the following relationship to the employee, whether that relationship is natural, adoptive, step or foster in nature. Spouse Uncle Child Aunt Parent Niece Brother Nephew Sister Parent-in-law Grandparent Child-in-law Grandchild Brother-in-law First Cousin Sister-in-law 18.3 PROHIBITIONS ON EMPLOYMENT OF PERSONS WHO ARE RELATIVES AT THE TIME OF APPOINTMENT 18.3.1 No person shall be appointed in a department where the department head, assistant department head, head of the division where employed or immediate supervisor is a relative of the employee at the time of appointment. (As described in 18.2 above.) 18.4 PROHIBITIONS ON THE CONTINUED EMPLOYMENT OF EMPLOYEES WHO BECOME SPOUSES AFTER THEY ARE EMPLOYED 18.4.1 No person shall continue to be an employee in a department after he or she becomes the spouse of the department head, assistant department head, head of the division where employed or immediate supervisor. 18.5 PROHIBITIONS ON THE CONTINUED EMPLOYMENT OF EMPLOYEES WHO HAVE REGULAR MERIT SYSTEM STATUS AND WHO ARE RELATIVES OF PERSONS PROMOTED OR APPOINTED TO POSITIONS OF DEPARTMENT HEAD OR ASSISTANT DEPARTMENT HEAD OF THE EMPLOYEE'S DEPARTMENT 18.5.1 Such employees may continue to be employed in the same department except: 18.5.1.1 Spouses as covered under Section 18.4 of this rule. 18.5.1.2 If such a relationship occurs before the employee gains regular Merit System status, the employee should be transferred to another department or separated from the County service. Commissioners Minutes Continued. December 9, 2010 1219 18.6 PROHIBITIONS ON THE CONTINUED EMPLOYMENT OF EMPLOYEES WHO ARE RELATIVES OF PERSONS PROMOTED OR APPOINTED TO POSITION OF HEAD OF THE DIVISION WHERE EMPLOYED OR IMMEDIATE SUPERVISOR 18.6.1 All lower ranking employees in the division or supervisory unit who are relatives of the division head or supervisor, shall be transferred to another division or supervisory unit of the same department where they will not be supervised by a relative; exceptions may be made by the Human Resources Committee of the Board of Commissioners in cases where there is an intermediate level of supervision between the division head or supervisor and the related employee. The Chairperson referred the resolution to the Finance Committee and Human Resources Committee. Commissioner Schwartz objected. Discussion followed. Chairperson Bill Bullard, Jr., called a brief recess. Chairperson Bill Bullard, Jr., called the Board back to order. Discussion followed. The Chairperson referred the resolution to the Finance Committee and Human Resources Committee. There were no objections. Commissioner Douglas stated that there were no items to report on the Regular Agenda for the Human Resources Committee. Commissioner Scott stated that there were no items to report on the Regular Agenda for the Planning and Building Committee. MISCELLANEOUS RESOLUTION #10325 BY: Public Services Committee, Jim Runestad, Vice Chairperson IN RE: SHERIFF'S OFFICE - STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE TOWNSHIP OF ADDISON, JANUARY 1, 2011 - DECEMBER 31, 2011 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 Townships, Villages and Cities for the purpose of providing Sheriff patrol services; and WHEREAS for several years the County of Oakland and the Oakland County Sheriff have contracted with Addison Township, to provide law enforcement services to this community; and WHEREAS the Board of Commissioners by Miscellaneous Resolution #10261 authorized the established rates and contract language; and WHEREAS the Township of Addison has expressed an interest in entering into a new, one (1) year, law enforcement service agreement; and WHEREAS the Sheriff is in agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and, subject to the following paragraph, agrees to be bound by the terms and conditions contained in the Oakland County Sheriff's Office 2011 Law Enforcement Services Agreement with the Township of Addison. BE IT FURTHER RESOLVED that upon receipt of a final, executed Oakland County Sheriff's Office 2011 Law Enforcement Services Agreement from the Township of Addison, accompanied by a certified copy of the resolution of the Township Board accepting the Agreement, and upon the further acceptance of the above Agreement by the Oakland County Sheriff, the Oakland County Board of Commissioners authorizes its Chairperson to execute and enter into this Agreement on behalf of the County of Oakland. BE IT FURTHER RESOLVED that the Oakland County Clerk shall maintain a file for the above Agreement, and upon receipt of a final, executed copy of the above Agreement, together with a certified copy of that community's governing body resolution approving same, the Oakland County Clerk shall notify the Oakland Commissioners Minutes Continued. December 9, 2010 1220 County Sheriff and the Chairperson of the Oakland County Board of Commissioners that the above Agreement is ready for their signatures which the Clerk shall witness. BE IT FURTHER RESOLVED that the following GF/GP 4030618-09196, 03212, 03504, 06025, 06649, 07044, and 09756 positions be continued in the Contracted Patrol Unit/Patrol Services Division of the Sheriff’s Office. BE IT FURTHER RESOLVED that the future level of service, including the continuation of positions be contingent upon the level of funding associated with this agreement Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Oakland County Sheriff’s Office 2011 Law Enforcement Services Agreement with Township of Addison, Schedule A Sheriff’s Deputies Contracted for and to be Assigned to Municipality, Schedule B Holiday Pay, Schedule C Hourly Rates, on file in County Clerk’s Office. FISCAL NOTE (MISC. #10325) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF’S OFFICE – STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE TOWNSHIP OF ADDISON, JANUARY 1, 2011 – DECEMBER 31, 2011 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Charter Township of Addison has requested that the Oakland County Sheriff provide law enforcement services to this community. 2. Miscellaneous Resolution #10261 authorized the established rates and contract language for calendar year 2011; the rates stated in this agreement are consistent with the rates established by this resolution. 3. The dates of the agreement are January 1, 2011 through December 31, 2011. 4. The Township of Addison is not requesting any changes in positions or the purchase of new capital assets. 5. GF/GP positions #4030618-09196, 03212, 03504, 06025, 06649, 07044, and 09756 will be continued in the Contracted Patrol Unit/Patrol Services Division of the Sheriff’s Office and the number of contracted positions at this community remains at 7. 6. Sufficient operating revenues and expenses are budgeted for Fiscal Year 2011 through 2013, and will be reviewed yearly pending renewal of this contract. 7. No additional appropriation is required. FINANCE COMMITTEE Moved by Runestad supported by Middleton the resolution (with fiscal note attached) be adopted. AYES: Douglas, Gingell, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Potts, Runestad, Scott, Taub, Woodward, Zack, Bullard, Coulter. (17) NAYS: Gershenson, Nash, Schwartz, Coleman. (4) A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted. REPORT #10326 BY: Human Resources Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFF’S OFFICE – STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF BRANDON, JANUARY 1, 2011 – DECEMBER 31, 2011 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Commissioners Minutes Continued. December 9, 2010 1221 The Human Resources Committee having reviewed the above referenced resolution on December 1, 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 #10326 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: SHERIFF'S OFFICE - STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF BRANDON, JANUARY 1, 2011 - DECEMBER 31, 2011 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 Townships, Villages and Cities for the purpose of providing Sheriff patrol services; and WHEREAS for several years the County of Oakland and the Oakland County Sheriff have contracted with Brandon Township, to provide law enforcement services to this community; and WHEREAS the Board of Commissioners by Miscellaneous Resolution #10261 authorized the established rates and contract language; and WHEREAS the Charter Township of Brandon has expressed an interest in entering into a new, one (1) year, law enforcement service agreement; and WHEREAS the Charter Township of Brandon is requesting delete one (1) Deputy II (no-fill) and share ½ of a Deputy II (no-fill) with the Charter Township of Independence in this agreement; and WHEREAS the Sheriff is in agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and, subject to the following paragraph, agrees to be bound by the terms and conditions contained in the Oakland County Sheriff's Office 2011 Law Enforcement Services Agreement with the Charter Township of Brandon. BE IT FURTHER RESOLVED that upon receipt of a final, executed Oakland County Sheriff's Office 2011 Law Enforcement Services Agreement from the Charter Township of Brandon, accompanied by a certified copy of the resolution of the Township Board accepting the Agreement, and upon the further acceptance of the above Agreement by the Oakland County Sheriff, the Oakland County Board of Commissioners authorizes its Chairperson to execute and enter into this Agreement on behalf of the County of Oakland. BE IT FURTHER RESOLVED that the Oakland County Clerk shall maintain a file for the above Agreement, and upon receipt of a final, executed copy of the above Agreement, together with a certified copy of that community's governing body resolution approving same, the Oakland County Clerk shall notify the Oakland County Sheriff and the Chairperson of the Oakland County Board of Commissioners that the above Agreement is ready for their signatures which the Clerk shall witness. BE IT FURTHER RESOLVED that under this new agreement one (1) Deputy II position (4030622-10917) assigned to Independence Township provides law enforcement services estimated at 1,040 hours/year to the Charter Township of Brandon and the cost of said position be shared by both municipalities. BE IT FURTHER RESOLVED that two (2) Deputy II positions (4030619-09880 and 04573) be deleted in the Contracted Patrol Unit, Patrol Services Division, Sheriff’s Office. BE IT FURTHER RESOLVED that the following GF/GP 4030619-07035, 01452, 01845, 02076, 02917, 03490, 04605, 04609, 07280, and 07523 positions be continued in the Contracted Patrol Unit/Patrol Services Division of the Sheriff’s Office. BE IT FURTHER RESOLVED that the future level of service, including the continuation of positions be contingent upon the level of funding associated with this agreement. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Oakland County Sheriff’s office 2011 Law Enforcement Services Agreement with Charter Township of Brandon, Schedule A Sheriff’s Deputies Contracted for and to be Assigned to Municipality, Schedule B Holiday Pay, Schedule C Hourly Rates on file in County Clerk’s office. Commissioners Minutes Continued. December 9, 2010 1222 FISCAL NOTE (MISC. #10326) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF’S OFFICE – STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF BRANDON, JANUARY 1, 2011 – DECEMBER 31, 2011 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Charter Township of Brandon has requested that the Oakland County Sheriff provide law enforcement services to this community. 2. Miscellaneous Resolution #10261 authorized the established rates and contract language for calendar year 2011; the rates stated in this agreement are consistent with the rates established by this resolution. 3. The dates of the agreement are January 1, 2011 through December 31, 2011. 4. The Township of Brandon is requesting that one (1) Deputy II position (4030622-10917) be assigned to Independence Township to provide law enforcement services estimated at 1,040 hours/year and to the Charter Township of Brandon with the cost of said position shared by both municipalities. 5. Also, two (2) Deputy II positions #4030619-09880 and #04573 be deleted in the Contracted Patrol Unit, Patrol Services Division, of the Sheriff’s Office, decreasing the number of contracted positions at this community from 12 to 11. 6. The Sheriff’s Patrol Division budget will increase by $50,625 with the addition of a 1,040 hour shared Deputy II position #4030622-10917 (Salaries - $31,117; Fringe Benefits – $19,508), and decrease by ($205,500) with the deletion of two (2) Deputy II positions #4030619-09880 and 04573 (Salaries – $124,470; Fringe Benefits $78,030). 7. GF/GP positions #4030619-07035, 01452, 01845, 02076, 02917, 03490, 04605, 04609, 07280, and 07523 are continued in the Contracted Patrol Unit/Patrol Services Division of the Sheriff’s Office. 8. Sufficient operating revenues and expenses are budgeted for Fiscal Year 2011 through 2013, and will be reviewed yearly pending renewal of this contract. 9. The FY 2011 Budget is amended to reflect the Deputy position changes with the contract agreement as follows: GENERAL FUND (#10100) Sheriff Patrol Services Revenues FY 2011 FY 2012 FY 2013 4030619-116180-632093 Sher. Spec. Deputy ($122,373) ($163,166) ($163,166) Total Revenues ($122,373) ($163,166) ($163,166) Sheriff Patrol Services Expenditures 4030619-116180-702010 Salaries ($ 70,014) ( $93,353) ( $93,353) 4030619-116180-712020 Overtime ( 6,530) ( 8,707) ( 8,707) 4030619-116180-722790 Social Sec. ( 5,356) ( 7,141) ( 7,141) 4030619-116180-722770 Retirement ( 23,427) ( 31,236) ( 31,236) 4030619-116180-722780 Hospitalization ( 12,225) ( 16,299) ( 16,299) 4030619-116180-722760 Group Life ( 308) ( 411) ( 411) 4030619-116180-722750 Workers Comp ( 868) ( 1,158) ( 1,158) 4030619-116180-722810 Disability ( 217) ( 289) ( 289) 4030619-116180-722820 Unemployment ( 308) ( 411) ( 411) 4030619-116180-722800 Dental ( 1,120) ( 1,494) ( 1,494) 4030619-116180-722850 Optical ( 63) ( 84) ( 84) 4030619-116180-750070 Deputy Supplies( 296) ( 394) ( 394) 4030619-116180-750581 Uniforms ( 350) ( 467) ( 467) 4030619-116180-730653 Equip Rental ( 558) ( 744) ( 744) 4030619-116180-774677 Insurance Fund ( 611) ( 815) ( 815) 4030619-116180-773535 CLEMIS ( 122) ( 163) ( 163) Total Expenditures ($122,373) ($163,166) ($163,166) FINANCE COMMITTEE Commissioners Minutes Continued. December 9, 2010 1223 Moved by Runestad supported by Middleton the resolution (with fiscal note attached) be adopted. Moved by Runestad supported by Middleton the Human Resources Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Vote on resolution: AYES: Douglas, Gingell, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillvray, Middleton, Potts, Runestad, Scott, Taub, Woodward, Zack, Bullard, Coulter. (17) NAYS: Gershenson, Nash, Schwartz, Coleman. (4) A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted. REPORT #10327 BY: Human Resources Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFF’S OFFICE – STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF COMMERCE, JANUARY 1, 2011 – DECEMBER 31, 2011 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee having reviewed the above referenced resolution on December 1, 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 #10327 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: SHERIFF'S OFFICE - STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF COMMERCE, JANUARY 1, 2011 - DECEMBER 31, 2011 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 Townships, Villages and Cities for the purpose of providing Sheriff patrol services; and WHEREAS for several years the County of Oakland and the Oakland County Sheriff have contracted with Commerce Township, to provide law enforcement services to this community; and WHEREAS the Board of Commissioners by Miscellaneous Resolution #10261 authorized the established rates and contract language; and WHEREAS the Charter Township of Commerce has expressed an interest in entering into a new, one (1) year, law enforcement service agreement; and WHEREAS the Charter Township of Commerce is requesting that one (1) Deputy II (no-fill) be added bringing the total number of Deputy II (no-fill) to eighteen (18) and bringing the total number of contracted deputies to twenty-eight (28); and WHEREAS the Sheriff is in agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and, subject to the following paragraph, agrees to be bound by the terms and conditions contained in the Oakland County Sheriff's Office 2011 Law Enforcement Services Agreement with the Charter Township of Commerce. BE IT FURTHER RESOLVED that upon receipt of a final, executed Oakland County Sheriff's Office 2011 Law Enforcement Services Agreement from the Charter Township of Commerce, accompanied by a certified copy of the resolution of the Township Board accepting the Agreement, and upon the further acceptance of the above Agreement by the Oakland County Sheriff, the Oakland County Board of Commissioners authorizes its Chairperson to execute and enter into this Agreement on behalf of the County of Oakland. BE IT FURTHER RESOLVED that the Oakland County Clerk shall maintain a file for the above Agreement, and upon receipt of a final, executed copy of the above Agreement, together with a certified copy of that Commissioners Minutes Continued. December 9, 2010 1224 community's governing body resolution approving same, the Oakland County Clerk shall notify the Oakland County Sheriff and the Chairperson of the Oakland County Board of Commissioners that the above Agreement is ready for their signatures which the Clerk shall witness. BE IT FURTHER RESOLVED that one (1) GF/GP Deputy II position be created in the Contracted Patrol Unit, Patrol Services Division, of the Sheriff's Office. BE IT FURTHER RESOLVED that the following GF/GP 4030620- 07553, 06939, 10310, 00505, 01595, 01882, 02645, 03059, 05224, 05572, 06439, 06940, 07528, 07603, 07815,07817, 07936, 07949, 07950, 07951, 08036, 09206, 10286, 10311, 10312, 10313, and 10314 positions be continued in the Contracted Patrol Unit/Patrol Services Division of the Sheriff’s Office. BE IT FURTHER RESOLVED that the future level of service, including the continuation of positions be contingent upon the level of funding associated with this agreement. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Oakland County Sheriff’s Office 2011 Law Enforcement Services Agreement With Charter Township of Commerce, Schedule A Sheriff’s Deputies Contracted for and to be Assigned to Municipality, Schedule B Holiday Pay, Schedule C Hourly Rates on file in County Clerk’s office. FISCAL NOTE (MISC. #10327) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF’S OFFICE – STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF COMMERCE, JANUARY 1, 2011 – DECEMBER 31, 2011 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Charter Township of Commerce has requested that the Oakland County Sheriff provide law enforcement services to this community. 2. Miscellaneous Resolution #10261 authorized the established rates and contract language for calendar year 2011; the rates stated in this agreement are consistent with the rates established by this resolution. 3. The dates of the agreement are January 1, 2011 through December 31, 2011. 4. The Township of Commerce is requesting that one (1) Deputy II position be created and added to provide law enforcement services, increasing the number of contracted positions at this community from 27 to 28. 5. The Sheriff’s Patrol Division budget increase for the one (1) Deputy II position is $101,250 (Salaries - $62,235; Fringe Benefits - $29,015). 6. GF/GP Commerce Township positions to be continued in the Contracted Patrol Unit/Patrol Services Division of the Sheriff’s Office include: 4030620-07553, 06939, 10310, 00505, 01595, 01882, 02645, 03059, 05224, 05572, 06439, 06940, 07528, 07603, 07815, 07817, 07936, 07949, 07950, 07951, 08036, 09206, 10286, 10311, 10312, 10313, and 10314. 7. Sufficient operating revenues and expenses covering existing positions are budgeted for Fiscal Year 2011 through 2013 and will be reviewed yearly pending renewal of this contract. 8. The FY 2011 Budget is amended as follows to reflect the changes in deputy positions: GENERAL FUND (#10100) Sheriff Patrol Services Revenues FY 2011 FY 2012 FY 2013 4030620-116180-632093 Sher. Spec. Deputy $ 82,229 $109,639 $109,639 Total Revenues $ 82,229 $109,639 $109,639 Sheriff Patrol Services Expenditures 4030620-116180-702010 Salaries $ 46,676 $62,235 $62,235 4030620-116180-712020 Overtime 4,354 5,805 5,805 4030620-116180-722790 Social Sec. 3,571 4,761 4,761 4030620-116180-722770 Retirement 15,618 20,824 20,824 4030620-116180-722780 Hospitalization 8,150 10,866 10,866 Commissioners Minutes Continued. December 9, 2010 1225 4030620-116180-722760 Group Life 205 274 274 4030620-116180-722750 Workers Comp 579 772 772 4030620-116180-722810 Disability 145 193 193 4030620-116180-722820 Unemployment 205 274 274 4030620-116180-722800 Dental 747 996 996 4030620-116180-722850 Optical 42 56 56 4030620-116180-750070 Deputy Supplies 296 394 394 4030620-116180-750581 Uniforms 350 467 467 4030620-116180-730653 Equip Rental 558 744 744 4030620-116180-774677 Insurance Fund 611 815 815 4030620-116180-773535 CLEMIS 122 163 163 Total Expenditures $ 82,229 $109,639 $109,639 FINANCE COMMITTEE Moved by Runestad supported by Middleton the resolution (with fiscal note attached) be adopted. Moved by Runestad supported by Middleton the Human Resources Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Vote on resolution: AYES: Douglas, Gingell, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Potts, Runestad, Scott, Taub, Woodward, Zack, Bullard, Coulter. (17) NAYS: Gershenson, Nash, Schwartz, Coleman. (4) A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted. REPORT #10328 BY: Human Resources Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFF’S OFFICE – STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF HIGHLAND, JANUARY 1,2011 – DECEMBER 31, 2011 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee having reviewed the above referenced resolution on December 1, 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 #10328 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: SHERIFF'S OFFICE - STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF HIGHLAND, JANUARY 1, 2011 - DECEMBER 31, 2011 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 Townships, Villages and Cities for the purpose of providing Sheriff patrol services; and WHEREAS for several years the County of Oakland and the Oakland County Sheriff have contracted with Highland Township, to provide law enforcement services to this community; and WHEREAS the Board of Commissioners by Miscellaneous Resolution #10261 authorized the established rates and contract language; and WHEREAS the Charter Township of Highland has expressed an interest in entering into a new, one (1) year, law enforcement service agreement; and WHEREAS the Charter Township of Highland is requesting delete one (1) Deputy II (no-fill) and one (1) Patrol Investigator for this agreement; and WHEREAS the Sheriff is in agreement. Commissioners Minutes Continued. December 9, 2010 1226 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and, subject to the following paragraph, agrees to be bound by the terms and conditions contained in the Oakland County Sheriff's Office 2011 Law Enforcement Services Agreement with the Charter Township of Highland. BE IT FURTHER RESOLVED that upon receipt of a final, executed Oakland County Sheriff's Office 2011 Law Enforcement Services Agreement from the Charter Township of Highland, accompanied by a certified copy of the resolution of the Township Board accepting the Agreement, and upon the further acceptance of the above Agreement by the Oakland County Sheriff, the Oakland County Board of Commissioners authorizes its Chairperson to execute and enter into this Agreement on behalf of the County of Oakland. BE IT FURTHER RESOLVED that the Oakland County Clerk shall maintain a file for the above Agreement, and upon receipt of a final, executed copy of the above Agreement, together with a certified copy of that community's governing body resolution approving same, the Oakland County Clerk shall notify the Oakland County Sheriff and the Chairperson of the Oakland County Board of Commissioners that the above Agreement is ready for their signatures which the Clerk shall witness. BE IT FURTHER RESOLVED that two (2) Deputy II positions (4030621-10915 and 07525) be deleted in the Contracted Patrol Unit, Patrol Services Division, Sheriff’s Office. BE IT FURTHER RESOLVED that the following GF/GP 4030621-09808, 06709, 02708, 04604, 06026, 06713, 07038, 07111, 07133, 07322, 07957, 07958, 09028, 09190, 09427, 09902, and 10028 positions be continued in the Contracted Patrol Unit/Patrol Services Division of the Sheriff’s Office. BE IT FURTHER RESOLVED that the future level of service, including the continuation of positions be contingent upon the level of funding associated with this agreement. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Oakland County Sheriff’s Office 2011 Law Enforcement Services Agreement with Charter Township of Highland, Schedule A Sheriff’s Deputies Contracted for and to be Assigned to Municipality, Schedule B Holiday Pay, Schedule C Hourly Rates on file in County Clerk’s office. FISCAL NOTE (MISC. #10328) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF’S OFFICE – STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF HIGHLAND, JANUARY 1, 2011 – DECEMBER 31, 2011 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Charter Township of Highland has requested that the Oakland County Sheriff provide law enforcement services to this community. 2. Miscellaneous Resolution 10261 authorized the established rates and contract language for calendar year 2011; the rates stated in this agreement are consistent with the rates established by this resolution. 3. The dates of the agreement are January 1, 2011 through December 31, 2011. 4. The Township of Highland is requesting two (2) Deputy II positions, (4030621-10915 and 07525) be deleted in the Contracted Patrol Unit, Patrol Services Division, of the Sheriff’s Office; decreasing the number of contracted positions at this community from 19 to 17. 5. The Sheriff’s Patrol Division budget decrease for the deletion of two (2) Deputy II positions 4030621-10915 and 07525 is ($202,500) – Salaries ($124,470); Fringe Benefits – ($78,030). 6. GF/GP positions to be continued in the Contracted Patrol Unit/Patrol Services Division of the Sheriff’s Office include: 4030621-09808, 06709, 02708, 04604, 06026, 06713, 07038, 07111, 07133, 07322, 07957, 07958, 09028, 09190, 09427, 09902, and 10028. 7. Sufficient operating revenues and expenses are budgeted for Fiscal Year 2011 through 2013, and will be reviewed yearly pending renewal of this contract. Commissioners Minutes Continued. December 9, 2010 1227 8. The FY 2011 Budget is amended as follows to reflect the changes in the deputy positions: GENERAL FUND (#10100) Sheriff Patrol Services Revenues FY 2011 FY 2012 FY 2013 4030621-116180-632093 Sher. Spec. Deputy ($164,459) ($219,277) ($219,277) Total Revenues ($164,459) ($219,277) ($219,277) Sheriff Patrol Services Expenditures 4030621-116180-702010 Salaries ($ 93,353) ($124,470) ($124,470) 4030621-116180-712020 Overtime ( 8,707) ( 11,610) ( 11,610) 4030621-116180-722790 Social Sec. ( 7,141) ( 9,522) ( 9,522) 4030621-116180-722770 Retirement ( 31,236) ( 41,648) ( 41,648) 4030621-116180-722780 Hospitalization ( 16,299) ( 21,732) ( 21,732) 4030621-116180-722760 Group Life ( 411) ( 548) ( 548) 4030621-116180-722750 Workers Comp ( 1,158) ( 1,543) ( 1,543) 4030621-116180-722810 Disability ( 289) ( 386) ( 386) 4030621-116180-722820 Unemployment ( 411) ( 548) ( 548) 4030621-116180-722800 Dental ( 1,494) ( 1,992) ( 1,992) 4030621-116180-722850 Optical ( 84) ( 112) ( 112) 4030621-116180-750070 Deputy Supplies ( 591) ( 788) ( 788) 4030621-116180-750581 Uniforms ( 701) ( 934) ( 934) 4030621-116180-730653 Equip Rental ( 1,116) ( 1,488) ( 1,488) 4030621-116180-774677 Insurance Fund ( 1,223) ( 1,630) ( 1,630) 4030621-116180-773535 CLEMIS ( 245) ( 326) ( 326) Total Expenditures ($164,459) ($219,277) ($219,277) FINANCE COMMITTEE Moved by Runestad supported by Middleton the resolution (with fiscal note attached) be adopted. Moved by Runestad supported by Middleton the Human Resources Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Vote on resolution: AYES: Douglas, Gingell, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Potts, Runestad, Scott, Taub, Woodward, Zack, Bullard, Coulter. (17) NAYS: Gershenson, Nash, Schwartz, Coleman. (4) A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted. REPORT #10329 BY: Human Resources Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFF’S OFFICE – STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF INDEPENDENCE, JANUARY 1, 2011 – DECEMBER 31, 2011 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee having reviewed the above referenced resolution on December 1, 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 #10329 BY: Public Services Committee, Jim Runestad, Vice Chairperson IN RE: SHERIFF'S OFFICE - STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF INDEPENDENCE, JANUARY 1, 2011 - DECEMBER 31, 2011 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Commissioners Minutes Continued. December 9, 2010 1228 WHEREAS it is policy of the Oakland County Board of Commissioners to permit the Sheriff's Office to enter into contracts with Townships, Villages and Cities for the purpose of providing Sheriff patrol services; and WHEREAS for several years the County of Oakland and the Oakland County Sheriff have contracted with Independence Township, to provide law enforcement services to this community; and WHEREAS the Board of Commissioners by Miscellaneous Resolution #10261 authorized the established rates and contract language; and WHEREAS the Charter Township of Independence has expressed an interest in entering into a new, one (1) year, law enforcement service agreement; and WHEREAS the Charter Township of Independence is requesting that ½ of a Deputy II (no-fill) position be shared with the Charter Township of Brandon; and WHEREAS the Sheriff is in agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and, subject to the following paragraph, agrees to be bound by the terms and conditions contained in the Oakland County Sheriff's Office 2011 Law Enforcement Services Agreement with the Charter Township of Independence. BE IT FURTHER RESOLVED that upon receipt of a final, executed Oakland County Sheriff's Office 2011 Law Enforcement Services Agreement from the Charter Township of Independence, accompanied by a certified copy of the resolution of the Township Board accepting the Agreement, and upon the further acceptance of the above Agreement by the Oakland County Sheriff, the Oakland County Board of Commissioners authorizes its Chairperson to execute and enter into this Agreement on behalf of the County of Oakland. BE IT FURTHER RESOLVED that the Oakland County Clerk shall maintain a file for the above Agreement, and upon receipt of a final, executed copy of the above Agreement, together with a certified copy of that community's governing body resolution approving same, the Oakland County Clerk shall notify the Oakland County Sheriff and the Chairperson of the Oakland County Board of Commissioners that the above Agreement is ready for their signatures which the Clerk shall witness. BE IT FURTHER RESOLVED that under this new agreement one (1) Deputy II position (4030622-10917) assigned to Independence Township provides law enforcement services estimated at 1,040 hours/year to the Charter Township of Brandon and the cost of said position be shared by both municipalities BE IT FURTHER RESOLVED that the following GF/GP 4030622-07217, 06941, 07218, 09878, 01558, 01770, 01841, 02594, 02692, 03210, 04711, 04713, 05573, 05690, 06023, 07527, 07841, 08117, 08118, 08119, 09627, 09628, 09877, 10177, 10384, 10525, 10916 and 10917 positions be continued in the Contracted Patrol Unit/Patrol Services Division of the Sheriff’s Office. BE IT FURTHER RESOLVED that the future level of service, including the continuation of positions be contingent upon the level of funding associated with this agreement Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Oakland County Sheriff’s Office 2011 Enforcement Services Agreement with Charter Township of Independence, Schedule A Sheriff’s Deputies Contracted for and to be assigned to Municipality Schedule B Holiday Pay, Schedule C Hourly Rates on file in County Clerk’s office. FISCAL NOTE (MISC. #10329) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF’S OFFICE – STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF INDEPENDENCE, JANUARY 1, 2011 – DECEMBER 31, 2011 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Charter Township of Independence has requested that the Oakland County Sheriff provide law enforcement services to this community. 2. Miscellaneous Resolution #10261 authorized the established rates and contract language for calendar year 2011; the rates stated in this agreement are consistent with the rates established by this resolution. 3. The dates of the agreement are January 1, 2011 through December 31, 2011. Commissioners Minutes Continued. December 9, 2010 1229 4. The Township of Independence is requesting one (1) Deputy II position #4030622-10917 be assigned to Independence Township to provide law enforcement services estimated at 1,040 hours/year and to the Charter Township of Brandon with the cost of said position shared by both municipalities. 5. The Sheriff’s Patrol Division budget will decrease by ($50,625) with the reduction of one (1) 1,040 hour shared Deputy II 4030622-10917 (Salaries – $31,117); Fringe Benefits – ($19,508). 6. GF/GP positions 4030622-07217, 06941, 07218, 09878, 01558, 01770, 01841, 02594, 02692, 03210, 04711, 04713, 05573, 05690, 06023, 07527, 07841, 08117, 08118, 08119, 09627, 09628, 09877, 10177, 10384, 10525, 10916, and 10917 will be continued in the Contracted Patrol Unit/Patrol Services Division of the Sheriff’s Office, with the number of contracted positions at this community remaining at 28. 7. Sufficient operating revenues and expenses are budgeted for Fiscal Year 2011 through 2013, and will be reviewed yearly pending renewal of this contract. 8. The FY 2011 Budget is amended to reflect the changes in deputy positions as follows: GENERAL FUND (#10100) Sheriff Patrol Services Revenues FY 2011 FY 2012 FY 2013 4030622-116180-632093 Sher. Spec. Deputy ( $41,114) ($54,820) ($54,820) Total Revenues ($41,114) ($54,820) ($54,820) Sheriff Patrol Services Expenditures 4030622-116180-702010 Salaries ($ 23,338) ($31,118) ($31,118) 4030622-116180-712020 Overtime ( 2,177) ( 2,902) ( 2,902) 4030622-116180-722790 Social Sec. ( 1,785) ( 2,380) ( 2,380) 4030622-116180-722770 Retirement ( 7,809) ( 10,412) ( 10,412) 4030622-116180-722780 Hospitalization ( 4,075) ( 5,433) ( 5,433) 4030622-116180-722760 Group Life ( 103) ( 137) ( 137) 4030622-116180-722750 Workers Comp ( 289) ( 386) ( 386) 4030622-116180-722810 Disability ( 72) ( 96) ( 96) 4030622-116180-722820 Unemployment ( 103) ( 137) ( 137) 4030622-116180-722800 Dental ( 373) ( 498) ( 498) 4030622-116180-722850 Optical ( 21) ( 28) ( 28) 4030622-116180-750070 Deputy Supplies( 148) ( 197) ( 197) 4030622-116180-750581 Uniforms ( 175) ( 234) ( 234) 4030622-116180-730653 Equip Rental ( 279) ( 372) ( 372) 4030622-116180-774677 Insurance Fund ( 306) ( 408) ( 408) 4030622-116180-773535 CLEMIS ( 61) ( 82) ( 82) Total Expenditures ($41,114) ($54,820) ($54,820) FINANCE COMMITTEE Moved by Runestad supported by Middleton the resolution (with fiscal note attached) be adopted. Moved by Runestad supported by Middleton the Human Resources Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Vote on resolution: AYES: Douglas, Gingell, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Potts, Runestad, Scott, Taub, Woodward, Zack, Bullard, Coulter. (17) NAYS: Gershenson, Nash, Schwartz, Coleman. (4) A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted. REPORT #10330 BY: Human Resources Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFF’S OFFICE – STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF LYON, JANUARY 1, 2011 – DECEMBER 31, 2011 Commissioners Minutes Continued. December 9, 2010 1230 To Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee having reviewed the above referenced resolution on December 1, 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 #10330 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: SHERIFF'S OFFICE - STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF LYON, JANUARY 1, 2011 - DECEMBER 31, 2011 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 Townships, Villages and Cities for the purpose of providing Sheriff patrol services; and WHEREAS for several years the County of Oakland and the Oakland County Sheriff have contracted with Lyon Township, to provide law enforcement services to this community; and WHEREAS the Board of Commissioners by Miscellaneous Resolution #10261 authorized the established rates and contract language; and WHEREAS the Charter Township of Lyon has expressed an interest in entering into a new, one (1) year, law enforcement service agreement; and WHEREAS the Charter Township of Lyon is requesting to delete one (1) Patrol Investigator from this agreement; and WHEREAS the Sheriff is in agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and, subject to the following paragraph, agrees to be bound by the terms and conditions contained in the Oakland County Sheriff's Office 2011 Law Enforcement Services Agreement with the Charter Township of Lyon. BE IT FURTHER RESOLVED that upon receipt of a final, executed Oakland County Sheriff's Office 2011 Law Enforcement Services Agreement from the Charter Township of Lyon, accompanied by a certified copy of the resolution of the Township Board accepting the Agreement, and upon the further acceptance of the above Agreement by the Oakland County Sheriff, the Oakland County Board of Commissioners authorizes its Chairperson to execute and enter into this Agreement on behalf of the County of Oakland. BE IT FURTHER RESOLVED that the Oakland County Clerk shall maintain a file for the above Agreement, and upon receipt of a final, executed copy of the above Agreement, together with a certified copy of that community's governing body resolution approving same, the Oakland County Clerk shall notify the Oakland County Sheriff and the Chairperson of the Oakland County Board of Commissioners that the above Agreement is ready for their signatures which the Clerk shall witness. BE IT FURTHER RESOLVED that one (1) GF/GP Deputy II position (4030623- 05691) be deleted in the Contracted Patrol Unit, Patrol Services Division, Sheriff’s Office. BE IT FURTHER RESOLVED that the following GF/GP 4030623-06937, 01241, 01382, 02523, 03201, 06276, 06711, 07279, 09302, 09425, 10029, 10637, 10783, and 10784 positions be continued in the Contracted Patrol Unit/Patrol Services Division of the Sheriff’s Office. BE IT FURTHER RESOLVED that the future level of service, including the continuation of positions be contingent upon the level of funding associated with this agreement. BE IT FURTHER RESOLVED that one unmarked vehicle be deleted from the County Fleet. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Oakland County Sheriff’s Office 2011 Law Enforcement Services Agreement with Charter Township of Lyon, Schedule A Sheriff’s Deputies Contracted for and to be Assigned to Municipality, Schedule B Holiday Pay, Schedule C Hourly Rates on file in County Clerk’s office. Commissioners Minutes Continued. December 9, 2010 1231 FISCAL NOTE (MISC. #10330) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF’S OFFICE – STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF LYON, JANUARY 1, 2011 – DECEMBER 31, 2011 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Charter Township of Lyon has requested that the Oakland County Sheriff provide law enforcement services to this community. 2. Miscellaneous Resolution #10261 authorized the established rates and contract language for calendar year 2011; the rates stated in this agreement are consistent with the rates established by this resolution. 3. The dates of the agreement are January 1, 2011 through December 31, 2011. 4. The Township of Lyon is requesting that one (1) Patrol Investigator/Deputy II position, #4030623- 05691 be deleted in the Contracted Patrol Unit, Patrol Services Division, of the Sheriff’s Office, decreasing the number of contracted positions at this community from 15 to 14. 5. The Sheriff’s Patrol Division budget decrease for the deletion of one (1) Deputy II positions (4030623-05691) is ($101,250); the salary budget decrease is ($62,235) and the fringe benefit budget decrease is ($39,015). 6. GF/GP positions to be continued in the Contracted Patrol Unit/Patrol Services Division of the Sheriff’s Office include: #4030623-06937, 01241, 01382, 02523, 03201, 06276, 06711, 07279, 09302, 09425, 10029, 10637, 10783, and 10784. 7. Sufficient operating revenues and expenses are budgeted for Fiscal Year 2011 through 2013, and will be reviewed yearly pending renewal of this contract. 8. FY 2011 Budget is amended to reflect the changes in deputy positions as follows: GENERAL FUND (#10100) Sheriff Patrol Services Revenues FY 2011 FY 2012 FY 2013 4030623-116180-632093 Sher. Spec. Deputy ($ 82,228) ($109,638) ($109,638) Total Revenues ($ 82,228) ($109,638) ($109,638) Sheriff Patrol Services Expenditures 4030623-116180-702010 Salaries ($ 46,676) ( $ 62,235) ($ 62,235) 4030623-116180-712020 Overtime ( 4,353) ( 5,804) ( 5,804) 4030623-116180-722790 Social Sec. ( 3,571) ( 4,761) ( 4,761) 4030623-116180-722770 Retirement ( 15,618) ( 20,824) ( 20,824) 4030623-116180-722780 Hospitalization ( 8,150) ( 10,866) ( 10,866) 4030623-116180-722760 Group Life ( 205) ( 274) ( 274) 4030623-116180-722750 Workers Comp ( 579) ( 772) ( 772) 4030623-116180-722810 Disability ( 145) ( 193) ( 193) 4030623-116180-722820 Unemployment ( 205) ( 274) ( 274) 4030623-116180-722800 Dental ( 747) ( 996) ( 996) 4030623-116180-722850 Optical ( 42) ( 56) ( 56) 4030623-116180-750070 Deputy Supplies ( 296) ( 394) ( 394) 4030623-116180-750581 Uniforms ( 350) ( 467) ( 467) 4030623-116180-730653 Equip Rental ( 558) ( 744) ( 744) 4030623-116180-774677 Insurance Fund ( 611) ( 815) ( 815) 4030623-116180-773535 CLEMIS ( 122) ( 163) ( 163) Total Expenditures ($ 82,228) ($109,638) ($109,638) FINANCE COMMITTEE Moved by Runestad supported by Middleton the resolution (with fiscal note attached) be adopted. Moved by Runestad supported by Middleton the Human Resources Committee Report be accepted. Commissioners Minutes Continued. December 9, 2010 1232 A sufficient majority having voted in favor, the report was accepted. Vote on resolution: AYES: Douglas, Gingell, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillvray, Middleton, Potts, Runestad, Scott, Taub, Woodward, Zack, Bullard, Coulter. (17) NAYS: Gershenson, Nash, Schwartz, Coleman. (4) A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted. REPORT #10331 BY: Human Resources Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFF’S OFFICE – STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF OAKLAND, JANUARY 1, 2011 – DECEMBER 31, 2011 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee having reviewed the above referenced resolution on December 1, 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 #10331 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: SHERIFF'S OFFICE - STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF OAKLAND, JANUARY 1, 2011 - DECEMBER 31, 2011 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 Townships, Villages and Cities for the purpose of providing Sheriff patrol services; and WHEREAS for several years the County of Oakland and the Oakland County Sheriff have contracted with Oakland Township, to provide law enforcement services to this community; and WHEREAS the Board of Commissioners by Miscellaneous Resolution #10261 authorized the established rates and contract language; and WHEREAS the Charter Township of Oakland has expressed an interest in entering into a new, one (1) year, law enforcement service agreement; and WHEREAS the Charter Township of Oakland is requesting that one (1) Lieutenant be deleted in this agreement; and WHEREAS the Sheriff is in agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and, subject to the following paragraph, agrees to be bound by the terms and conditions contained in the Oakland County Sheriff's Office 2011 Law Enforcement Services Agreement with the Charter Township of Oakland. BE IT FURTHER RESOLVED that upon receipt of a final, executed Oakland County Sheriff's Office 2011 Law Enforcement Services Agreement from the Charter Township of Oakland, accompanied by a certified copy of the resolution of the Township Board accepting the Agreement, and upon the further acceptance of the above Agreement by the Oakland County Sheriff, the Oakland County Board of Commissioners authorizes its Chairperson to execute and enter into this Agreement on behalf of the County of Oakland. BE IT FURTHER RESOLVED that the Oakland County Clerk shall maintain a file for the above Agreement, and upon receipt of a final, executed copy of the above Agreement, together with a certified copy of that community's governing body resolution approving same, the Oakland County Clerk shall notify the Oakland County Sheriff and the Chairperson of the Oakland County Board of Commissioners that the above Agreement is ready for their signatures which the Clerk shall witness. BE IT FURTHER that one Lieutenant position (4030624-09755) be deleted in the Contracted Patrol Unit, Patrol Services Division, Sheriff’s Office effective January 1, 2011. Commissioners Minutes Continued. December 9, 2010 1233 BE IT FURTHER RESOLVED that the following GF/GP 4030624-07015, 00780, 01139, 01816, 06942, 07956, 09208, 09399, 09400, 09674, 10052, and 10432 positions be continued in the Contracted Patrol Unit/Patrol Services Division of the Sheriff’s Office. BE IT FURTHER RESOLVED that the future level of service, including the continuation of positions be contingent upon the level of funding associated with this agreement. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Oakland County Sheriff’s Office 2011 Law Enforcement Services Agreement with Charter Township of Oakland, Schedule A Sheriff’s Deputies Contracted for and to be assigned to Municipality, Schedule B Holiday Pay, Schedule C Hourly Rates on file in County Clerk’s office. FISCAL NOTE (MISC. #10331) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF’S OFFICE – STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF OAKLAND, JANUARY 1, 2011 – DECEMBER 31, 2011 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Charter Township of Oakland has requested that the Oakland County Sheriff provide law enforcement services to this community. 2. Miscellaneous Resolution #10261 authorized the established rates and contract language for calendar year 2011; the rates stated in this agreement are consistent with the rates established by this resolution. 3. The dates of the agreement are January 1, 2011 through December 31, 2011. 4. The Township of Oakland is requesting that one (1) Lieutenant position, (4030624-09755) be deleted in the Contracted Patrol Unit, Patrol Services Division, of the Sheriff’s Office, decreasing the number of contracted positions at this community from 13 to 12. 5. The Sheriff’s Patrol Division budget decrease for the deletion of one (1) Lieutenant position 4030624-09755 is ($130,063); the salary budget decrease is ($79,945) and the fringe benefit budget decrease is ($50,118). 6. GF/GP positions to be continued in the Contracted Patrol Unit/Patrol Services Division of the Sheriff’s Office include: 4030624-07015, 00780, 01139, 01816, 06942, 07956, 09208, 09399, 09400, 09674, 10052, and 10432. 7. Sufficient operating revenues and expenses are budgeted for Fiscal Year 2011 through 2013, and will be reviewed yearly pending renewal of this contract. 8. The FY 2011 Budget is amended to reflect the changes in deputy positions as follows: GENERAL FUND (#10100) Sheriff Patrol Services Revenues FY 2011 FY 2012 FY 2013 4030624-116180-632093 Sher. Spec. Deputy ($103,509) ($138,013) ($138,013) Total Revenues ($103,509) ($138,013) ($138,013) Sheriff Patrol Services Expenditures 4030624-116180-702010 Salaries ($ 59,959) ($ 79,945) ( $ 79,945) 4030624-116180-712020 Overtime ( 4,025) ( 5,367) ( 5,367) 4030624-116180-722790 Social Sec. ( 4,587) ( 6,116) ( 6,116) 4030624-116180-722770 Retirement ( 20,062) ( 26,750) ( 26,750) 4030624-116180-722780 Hospitalization ( 10,469) ( 13,958) ( 13,958) 4030624-116180-722760 Group Life ( 264) ( 352) ( 352) 4030624-116180-722750 Workers Comp ( 743) ( 991) ( 991) 4030624-116180-722810 Disability ( 186) ( 248) ( 248) 4030624-116180-722820 Unemployment ( 264) ( 352) ( 352) 4030624-116180-722800 Dental ( 959) ( 1,279) ( 1,279) 4030624-116180-722850 Optical ( 54) ( 72) ( 72) Commissioners Minutes Continued. December 9, 2010 1234 4030624-116180-750070 Deputy Supplies( 296) ( 394) ( 394) 4030624-116180-750581 Uniforms ( 350) ( 467) ( 467) 4030624-116180-730653 Equip Rental ( 558) ( 744) ( 744) 4030624-116180-774677 Insurance Fund ( 611) ( 815) ( 815) 4030624-116180-773535 CLEMIS ( 122) ( 163) ( 163) Total Expenditures ( $103,509) ($138,013) ($138,013) FINANCE COMMITTEE Moved by Runestad supported by Middleton the resolution (with fiscal note attached) be adopted. Moved by Runestad supported by Middleton the Human Resources Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Vote on resolution: AYES: Douglas, Gingell, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Potts, Runestad, Scott, Taub, Woodward, Zack, Bullard, Coulter. (17) NAYS: Gershenson, Nash, Schwartz, Coleman. (4) A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted. REPORT #10332 BY: Human Resources Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFF’S OFFICE – STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF ORION, JANUARY 1, 2011 – DECEMBER 31, 2011 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee having reviewed the above referenced resolution on December 1, 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 #10332 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: SHERIFF'S OFFICE - STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF ORION, JANUARY 1, 2011 - DECEMBER 31, 2011 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 Townships, Villages and Cities for the purpose of providing Sheriff patrol services; and WHEREAS for several years the County of Oakland and the Oakland County Sheriff have contracted with Orion Township, to provide law enforcement services to this community; and WHEREAS the Board of Commissioners by Miscellaneous Resolution #10261 authorized the established rates and contract language; and WHEREAS the Charter Township of Orion has expressed an interest in entering into a new, one (1) year, law enforcement service agreement; and WHEREAS the Charter Township of Orion is requesting to delete one (1) Deputy II (no-fill) and two (2) Patrol Investigators positions; and WHEREAS the Sheriff is in agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and, subject to the following paragraph, agrees to be bound by the terms and conditions contained in the Oakland County Sheriff's Office 2011 Law Enforcement Services Agreement with the Charter Township of Orion. BE IT FURTHER RESOLVED that upon receipt of a final, executed Oakland County Sheriff's Office 2011 Law Enforcement Services Agreement from the Charter Township of Orion, accompanied by a certified Commissioners Minutes Continued. December 9, 2010 1235 copy of the resolution of the Township Board accepting the Agreement, and upon the further acceptance of the above Agreement by the Oakland County Sheriff, the Oakland County Board of Commissioners authorizes its Chairperson to execute and enter into this Agreement on behalf of the County of Oakland. BE IT FURTHER RESOLVED that the Oakland County Clerk shall maintain a file for the above Agreement, and upon receipt of a final, executed copy of the above Agreement, together with a certified copy of that community's governing body resolution approving same, the Oakland County Clerk shall notify the Oakland County Sheriff and the Chairperson of the Oakland County Board of Commissioners that the above Agreement is ready for their signatures which the Clerk shall witness. BE IT FURTHER RESOLVED that three (3) GF/GP Deputy II positions (4030625-06085, 01833, and 07277) in the Contracted Patrol Unit, Patrol Services Division, Sheriff’s Office be deleted effective January 1, 2011. BE IT FURTHER RESOLVED that two marked Patrol vehicles be deleted from the County fleet effective 1/1/2011. BE IT FURTHER RESOLVED that the following GF/GP 4030625-06938, 06738, 08091, 01253, 01648, 02654, 02950, 03329, 03347, 04603, 04712, 06710, 07221, 07281, 07522, 07526, 07952, 07954, 07973, 07974, 07975, 08092, 08093, 09265, 09900, 10526, and 10527 positions be continued in the Contracted Patrol Unit/Patrol Services Division of the Sheriff’s Office. BE IT FURTHER RESOLVED that the future level of service, including the continuation of positions be contingent upon the level of funding associated with this agreement. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Oakland Copy Sheriff’s Office 2011 Law Enforcement Services Agreement with Charter Township of Orion, Schedule A Sheriff’s Deputies Contracted for and to be Assigned to Municipality, Schedule B Holiday Pay, Schedule C Hourly Rates on file in County Clerk’s office. FISCAL NOTE (MISC. #10332) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF’S OFFICE – STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF ORION, JANUARY 1, 2011 – DECEMBER 31, 2011 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Charter Township of Orion has requested that the Oakland County Sheriff provide law enforcement services to this community. 2. Miscellaneous Resolution #10261 authorized the established rates and contract language for calendar year 2011; the rates stated in this agreement are consistent with the rates established by this resolution. 3. The dates of the agreement are January 1, 2011 through December 31, 2011. 4. The Township of Orion is requesting two (2) Patrol Investigator/Deputy II positions, 4030625- 06085 and 01833 and one (1) Deputy II position 4030625-07277 be deleted in the Contracted Patrol Unit, Patrol Services Division, of the Sheriff’s Office, decreasing the number of contracted positions at this community from 30 to 27. 5. The Sheriff’s Patrol Division budget decrease for the deletion of two (2) Patrol Investigator positions 4030625-06085 and 01833 is ($202,500); the salary budget decrease is ($124,470) and the fringe benefit budget decrease is ($78,030) 6. Also, the deletion of one (1) Deputy II position #4030625-07277 is ($101,250); the salary budget decrease is ($62,235) and the fringe benefit budget decrease is ($39,015). 7. GF/GP positions to be continued in the Contracted Patrol Unit/Patrol Services Division of the Sheriff’s Office include: 4030625-06938, 06738, 08091, 01253, 01648, 02654, 02950, 03329, 03347, 04603, 04712, 06710, 07221, 07281, 07522, 07526, 07952, 07954, 07973, 07974, 07975, 08092, 08093, 09265, 09900, 10526, and 10527. 8. Sufficient operating revenues and expenses are budgeted for Fiscal Year 2011 through 2013, and will be reviewed yearly pending renewal of this contract. Commissioners Minutes Continued. December 9, 2010 1236 9. The FY 2011 Budget is amended to reflect the changes in deputy positions as follows: GENERAL FUND (#10100) Sheriff Patrol Services Revenues FY 2011 FY 2012 FY 2013 4030625-116180-632093 Sher. Spec. Deputy ($246,685) ($328,914) ($328,914) Total Revenues ($246,685) ($328,914) ($328,914) Sheriff Patrol Services Expenditures 4030625-116180-702010 Salaries ($140,029) ($186,705) ($186,705) 4030625-116180-712020 Overtime ( 13,060) ( 17,414) ( 17,414) 4030625-116180-722790 Social Sec. ( 10,712) ( 14,283) ( 14,283) 4030625-116180-722770 Retirement ( 46,854) ( 62,471) ( 62,741) 4030625-116180-722780 Hospitalization ( 24,449) ( 32,599) ( 32,599) 4030625-116180-722760 Group Life ( 616) ( 822) ( 822) 4030625-116180-722750 Workers Comp ( 1,736) ( 2,315) ( 2,315) 4030625-116180-722810 Disability ( 434) ( 579) ( 579) 4030625-116180-722820 Unemployment ( 616) ( 822) ( 822) 4030625-116180-722800 Dental ( 2,240) ( 2,987) ( 2,987) 4030625-116180-722850 Optical ( 126) ( 168) ( 168) 4030625-116180-750070 Deputy Supplies ( 887) ( 1,182) ( 1,182) 4030625-116180-750581 Uniforms ( 1,051) ( 1,401) ( 1,401) 4030625-116180-730653 Equip Rental ( 1,674) ( 2,232) ( 2,232) 4030625-116180-774677 Insurance Fund ( 1,834) ( 2,445) ( 2,445) 4030625-116180-773535 CLEMIS ( 367) ( 489) ( 489) Total Expenditures ($246,685) ($328,914) ($328,914) FINANCE COMMITTEE Moved by Runestad supported by Middleton the resolution (with fiscal note attached) be adopted. Moved by Runestad supported by Middleton the Human Resources Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Vote on resolution: AYES: Douglas, Gingell, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Potts, Runestad, Scott, Taub, Woodward, Zack, Bullard, Coulter. (17) NAYS: Gershenson, Nash, Schwartz, Coleman. (4) A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted. REPORT #10333 BY: Human Resources Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFF’S OFFICE – STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF OXFORD, JANUARY 1, 2011 – DECEMBER 31, 2011 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee having reviewed the above referenced resolution on December 1, 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 #10333 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: SHERIFF'S OFFICE - STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF OXFORD, JANUARY 1, 2011 - DECEMBER 31, 2011 Commissioners Minutes Continued. December 9, 2010 1237 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 Townships, Villages and Cities for the purpose of providing Sheriff patrol services; and WHEREAS for several years the County of Oakland and the Oakland County Sheriff have contracted with Oxford Township, to provide law enforcement services to this community; and WHEREAS the Board of Commissioners by Miscellaneous Resolution #10261 authorized the established rates and contract language; and WHEREAS the Charter Township of Oxford has expressed an interest in entering into a new, one (1) year, law enforcement service agreement; and WHEREAS the Charter Township of Oxford is requesting that one (1) Lieutenant position be deleted from this agreement; and WHEREAS the Sheriff is in agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and, subject to the following paragraph, agrees to be bound by the terms and conditions contained in the Oakland County Sheriff's Office 2011 Law Enforcement Services Agreement with the Charter Township of Oxford. BE IT FURTHER RESOLVED that upon receipt of a final, executed Oakland County Sheriff's Office 2011 Law Enforcement Services Agreement from the Charter Township of Oxford, accompanied by a certified copy of the resolution of the Township Board accepting the Agreement, and upon the further acceptance of the above Agreement by the Oakland County Sheriff, the Oakland County Board of Commissioners authorizes its Chairperson to execute and enter into this Agreement on behalf of the County of Oakland. BE IT FURTHER RESOLVED that the Oakland County Clerk shall maintain a file for the above Agreement, and upon receipt of a final, executed copy of the above Agreement, together with a certified copy of that community's governing body resolution approving same, the Oakland County Clerk shall notify the Oakland County Sheriff and the Chairperson of the Oakland County Board of Commissioners that the above Agreement is ready for their signatures which the Clerk shall witness. BE IT FURTHER RESOLVED that one (1) Lieutenant position (4030626-09927) be deleted in the Contracted Patrol Unit, Patrol Services, Sheriff’s Office effective January 1, 2011. BE IT FURTHER RESOLVED that the following GF/GP 4030626-09461, 09451, 09454, 09455, 09456, 09457, 09458, 09459, 09460, 09476, 09879, 10030, 10179, and 10309 positions be continued in the Contracted Patrol Unit/Patrol Services Division of the Sheriff’s Office BE IT FURTHER RESOLVED that the future level of service, including the continuation of positions be contingent upon the level of funding associated with this agreement. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Oakland County Sheriff’s Office 2011 Law Enforcement Services Agreement with Charter Township of Oxford, Schedule A Sheriff’s Deputies Contracted for and to be Assigned to Municipality, Schedule B Holiday Pay, Schedule C Hourly Rates on file in County Clerk’s office. FISCAL NOTE (MISC. #10333) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF’S OFFICE – STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF OXFORD, JANUARY 1, 2011 – DECEMBER 31, 2011 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Charter Township of Oxford has requested that the Oakland County Sheriff provide law enforcement services to this community. 2. Miscellaneous Resolution #10261 authorized the established rates and contract language for calendar year 2011; the rates stated in this agreement are consistent with the rates established by this resolution. 3. The dates of the agreement are January 1, 2011 through December 31, 2011. Commissioners Minutes Continued. December 9, 2010 1238 4. The Township of Oxford is requesting one (1) Lieutenant position 4030626-09927 be deleted in the Contracted Patrol Unit, Patrol Services Division, of the Sheriff’s Office, decreasing the number of contracted positions at this community from 15 to 14. 5. The Sheriff’s Patrol Division budget decrease for the deletion of one (1) Lieutenant position 4030626-09927 is ($130,063); the salary budget decrease is ($79,945) and the fringe benefit budget decrease is ($50,118). 6. GF/GP positions to be continued in the Contracted Patrol Unit/Patrol Services Division of the Sheriff’s Office include: 4030626-09461, 09451, 09454, 09455, 09456, 09457, 09458, 09459, 09460, 09476, 09879, 10030, 10179, and 10309. 7. Sufficient operating revenues and expenses are budgeted for Fiscal Year 2011 through 2013, and will be reviewed yearly pending renewal of this contract. 8. FY 2011 Budget is amended to reflect the changes in deputy positions as follows: GENERAL FUND (#10100) Sheriff Patrol Services Revenues FY 2011 FY 2012 FY 2013 4030626-116180-632093 Sher. Spec. Deputy ($103,509) ($138,013) ($138,013) Total Revenues ($103,509) ($138,013) ($138,013) Sheriff Patrol Services Expenditures 4030626-116180-702010 Salaries ($ 59,959) ($ 79,945) ($ 79,945) 4030626-116180-712020 Overtime ( 4,025) ( 5,367) ( 5,367) 4030626-116180-722790 Social Sec. ( 4,587) ( 6,116) ( 6,116) 4030626-116180-722770 Retirement ( 20,062) ( 26,750) ( 26,750) 4030626-116180-722780 Hospitalization ( 10,469) ( 13,958) ( 13,958) 4030626-116180-722760 Group Life ( 264) ( 352) ( 352) 4030626-116180-722750 Workers Comp ( 743) ( 991) ( 991) 4030626-116180-722810 Disability ( 186) ( 248) ( 248) 4030626-116180-722820 Unemployment ( 264) ( 352) ( 352) 4030626-116180-722800 Dental ( 959) ( 1,279) ( 1,279) 4030626-116180-722850 Optical ( 54) ( 72) ( 72) 4030626-116180-750070 Deputy Supplies( 296) ( 394) ( 394) 4030626-116180-750581 Uniforms ( 350) ( 467) ( 467) 4030626-116180-730653 Equip Rental ( 558) ( 744) ( 744) 4030626-116180-774677 Insurance Fund ( 611) ( 815) ( 815) 4030626-116180-773535 CLEMIS ( 122) ( 163) ( 163) Total Expenditures ($103,509) ($138,013) ($ 138,013) FINANCE COMMITTEE Moved by Runestad supported by Middleton the resolution (with fiscal note attached) be adopted. Moved by Runestad supported by Middleton the Human Resources Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Vote on resolution: AYES: Douglas, Gingell, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Potts, Runestad, Scott, Taub, Woodward, Zack, Bullard, Coulter. (17) NAYS: Gershenson, Nash, Schwartz, Coleman. (4) A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted. REPORT #10334 BY: Human Resources Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFF’S OFFICE – STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF ROCHESTER HILLS, JANUARY 1, 2011 – DECEMBER 31, 2011 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Commissioners Minutes Continued. December 9, 2010 1239 The Human Resources Committee having reviewed the above referenced resolution on December 1, 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 #10334 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: SHERIFF'S OFFICE - STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF ROCHESTER HILLS, JANUARY 1, 2011 - DECEMBER 31, 2011 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 Townships, Villages and Cities for the purpose of providing Sheriff patrol services; and WHEREAS for several years the County of Oakland and the Oakland County Sheriff have contracted with Rochester Hills, to provide law enforcement services to this community; and WHEREAS the Board of Commissioners by Miscellaneous Resolution #10261 authorized the established rates and contract language; and WHEREAS the City of Rochester Hills has expressed an interest in entering into a new, one (1) year, law enforcement service agreement; and WHEREAS the City of Rochester Hills is requesting that two (2) Deputy II (no-fill) be deleted and one (1) Patrol Investigator be deleted bringing the total number of Deputy II (no-fill/) to thirty-seven (37) and bringing the total number of contracted deputies to fifty-seven (57); and WHEREAS the Sheriff is in agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and, subject to the following paragraph, agrees to be bound by the terms and conditions contained in the Oakland County Sheriff's Office 2011 Law Enforcement Services Agreement with the City of Rochester Hills. BE IT FURTHER RESOLVED that upon receipt of a final, executed Oakland County Sheriff's Office 2011 Law Enforcement Services Agreement from the City of Rochester Hills, accompanied by a certified copy of the resolution of the City Council accepting the Agreement, and upon the further acceptance of the above Agreement by the Oakland County Sheriff, the Oakland County Board of Commissioners authorizes its Chairperson to execute and enter into this Agreement on behalf of the County of Oakland. BE IT FURTHER RESOLVED that the Oakland County Clerk shall maintain a file for the above Agreement, and upon receipt of a final, executed copy of the above Agreement, together with a certified copy of that community's governing body resolution approving same, the Oakland County Clerk shall notify the Oakland County Sheriff and the Chairperson of the Oakland County Board of Commissioners that the above Agreement is ready for their signatures which the Clerk shall witness. BE IT FURTHER RESOLVED that three (3) GF/GP Deputy II positions (4030617-10911, 07216, and 04383) be deleted in the Rochester Hills Contracted Patrol Unit, Patrol Services Division, of the Sheriff's Office. BE IT FURTHER RESOLVED that one (1) unmarked vehicle be deleted from the County fleet. BE IT FURTHER RESOLVED that the following GF/GP 4030617- 06463, 06464, 02226, 02853, 04602, 06462, 07129, 09339, 09678, 10385, 00796, 01080, 01116, 01148, 01607, 02233, 02604, 02728, 02927, 03119, 03434, 03601, 04601, 04714, 05260, 05414, 05692, 05803, 06022, 06024, 06277, 06278, 06280, 06281, 06283, 06712, 06750, 06813, 06932, 06933, 06934,06935, 06936,07130, 07131, 07132, 07211, 07212, 07901, 07946, 09335, 09336, 09337, 09677, 09918, 09919, and 10631 positions be continued in the Contracted Patrol Unit/Patrol Services Division of the Sheriff’s Office. BE IT FURTHER RESOLVED that the future level of service, including the continuation of positions be contingent upon the level of funding associated with this agreement. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Oakland County Sheriff’s Office 2011 Law Enforcement Services Agreement with the City of Rochester Hills, Schedule A Sheriff’s Deputies Contracted for and to be Assigned to Municipality, Schedule B Holiday Pay, Schedule C Hourly Rates on file in County Clerk’s office. Commissioners Minutes Continued. December 9, 2010 1240 FISCAL NOTE (MISC. #10334) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF’S OFFICE – STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF ROCHESTER HILLS, JANUARY 1, 2011 – DECEMBER 31, 2011 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The City of Rochester Hills has requested that the Oakland County Sheriff provide law enforcement services to this community. 2. Miscellaneous Resolution #10261 authorized the established rates and contract language for calendar year 2011; the rates stated in this agreement are consistent with the rates established by this resolution. 3. The dates of the agreement are January 1, 2011 through December 31, 2011. 4. The City of Rochester Hills is requesting two (2) Deputy II positions #4030617-10911 and 07216 and one (1) Patrol Investigator/Deputy I position 4030617-04383 be deleted in the Contracted Patrol Unit, Patrol Services Division, of the Sheriff’s Office, decreasing the number of contracted positions at this community from 60 to 57. 5. The Sheriff’s Patrol Division budget decrease for the deletion of two (2) Deputy II positions 4030617-10911 and 07216 is ($202,500); the salary budget decrease is ($124,470) and the fringe benefit budget decrease is ($78,030) 6. Also, the deletion of one (1) Patrol Investigator/Deputy I position 4030617-04383 is ($101,250); the salary budget decrease is ($62,235) and the fringe benefit budget decrease is ($39,015). 7. Also, the City of Rochester Hills has requested that one (1) unmarked vehicle be deleted from the County patrol vehicle fleet. 8. The following GF/GP positions are continued in the Contracted Patrol Unit/Patrol Services Division of the Sheriff’s Office: (4030617-06463, 06464, 02226, 02853, 04602, 06462, 07129, 09339, 09678, 10385, 00796, 01080, 01116, 01148, 01607, 02233, 02604, 02728, 02927, 03119, 03434, 03601, 04601, 04714, 05260, 05414, 05692, 05803, 06022, 06024, 06277, 06278, 06280, 06281, 06283, 06712, 06750, 06813, 06932, 06933, 06934, 06935, 06936, 07130, 07131, 07132, 07211, 07212, 07901, 07946, 09335, 09336, 09337, 09677, 09918, 09919, and 10631). 9. Sufficient operating revenues and expenses are budgeted for Fiscal Year 2011 through 2013, and will be reviewed yearly pending renewal of this contract. 10. The FY 2011 Budget is amended as follows to reflect the changes in deputy positions: GENERAL FUND (#10100) Sheriff Patrol Services Revenues FY 2011 FY 2012 FY 2013 4030617-116180-632093 Sher. Spec. Deputy ($254,065) ($338,754) ($338,754) Total Revenues ($254,065) ($338,754) ($338,754) Sheriff Patrol Services Expenditures 4030617-116180-702010 Salaries ($140,029) ($186,705) ($186,705) 4030617-116180-712020 Overtime ( 13,060) ( 17,414) ( 17,414) 4030617-116180-722790 Social Sec. ( 10,712) ( 14,283) ( 14,283) 4030617-116180-722770 Retirement ( 46,854) ( 62,471) ( 62,741) 4030617-116180-722780 Hospitalization ( 24,449) ( 32,599) ( 32,599) 4030617-116180-722760 Group Life ( 616) ( 822) ( 822) 4030617-116180-722750 Workers Comp ( 1,736) ( 2,315) ( 2,315) 4030617-116180-722810 Disability ( 434) ( 579) ( 579) 4030617-116180-722820 Unemployment ( 616) ( 822) ( 822) 4030617-116180-722800 Dental ( 2,240) ( 2,987) ( 2,987) 4030617-116180-722850 Optical ( 126) ( 168) ( 168) 4030617-116180-750070 Deputy Supplies( 887) ( 1,182) ( 1,182) 4030617-116180-750581 Uniforms ( 1,051) ( 1,401) ( 1,401) 4030617-116180-730653 Equip Rental ( 1,674) ( 2,232) ( 2,232) 4030617-116180-774677 Insurance Fund ( 1,834) ( 2,445) ( 2,445) Commissioners Minutes Continued. December 9, 2010 1241 4030617-116180-776659 Motor Pool Fuel ( 2,250) ( 3,000) ( 3,000) 4030617-116180-776661 Motor Pool ( 5,130) ( 6,840) ( 6,840) 4030617-116180-773535 CLEMIS ( 367) ( 489) ( 489) Total Expenditures ( $254,065) ($338,754) ( $338,754) FINANCE COMMITTEE Moved by Runestad supported by Middleton the resolution (with fiscal note attached) be adopted. Moved by Runestad supported by Middleton the Human Resources Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Vote on resolution: AYES: Douglas, Gingell, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Potts, Runestad, Scott, Taub, Woodward, Zack, Bullard, Coulter. (17) NAYS: Gershenson, Nash, Schwartz, Coleman. (4) A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted. MISCELLANEOUS RESOLUTION #10335 BY: Public Services Committee, Jim Runestad, Vice Chairperson IN RE: SHERIFF'S OFFICE - STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF ROYAL OAK, JANUARY 1, 2011 - DECEMBER 31, 2011 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 Townships, Villages and Cities for the purpose of providing Sheriff patrol services; and WHEREAS for several years the County of Oakland and the Oakland County Sheriff have contracted with Royal Oak Township, to provide law enforcement services to this community; and WHEREAS the Board of Commissioners by Miscellaneous Resolution #10261 authorized the established rates and contract language; and WHEREAS the Charter Township of Royal Oak has expressed an interest in entering into a new, one (1) year, law enforcement service agreement; and WHEREAS the Charter Township of Royal Oak is not requesting any changes to the number of deputies contracted in this agreement; and WHEREAS the Sheriff is in agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and, subject to the following paragraph, agrees to be bound by the terms and conditions contained in the Oakland County Sheriff's Office 2011 Law Enforcement Services Agreement with the Charter Township of Royal Oak. BE IT FURTHER RESOLVED that upon receipt of a final, executed Oakland County Sheriff's Office 2011 Law Enforcement Services Agreement from the Charter Township of Royal Oak, accompanied by a certified copy of the resolution of the Township Board accepting the Agreement, and upon the further acceptance of the above Agreement by the Oakland County Sheriff, the Oakland County Board of Commissioners authorizes its Chairperson to execute and enter into this Agreement on behalf of the County of Oakland. BE IT FURTHER RESOLVED that the Oakland County Clerk shall maintain a file for the above Agreement, and upon receipt of a final, executed copy of the above Agreement, together with a certified copy of that community's governing body resolution approving same, the Oakland County Clerk shall notify the Oakland County Sheriff and the Chairperson of the Oakland County Board of Commissioners that the above Agreement is ready for their signatures which the Clerk shall witness. BE IT FURTHER RESOLVED that the following GF/GP 4030627-09296, 09297, 09300, and 09301positions be continued in the Contracted Patrol Unit/Patrol Services Division of the Sheriff’s Office. BE IT FURTHER RESOLVED that the future level of service, including the continuation of positions be contingent upon the level of funding associated with this agreement. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Commissioners Minutes Continued. December 9, 2010 1242 Copy of Oakland County Sheriff’s Office 2011 Law Enforcement Services Agreement with Charter Township of Royal Oak, Schedule A Sheriff’s Deputies Contracted for and to be Assigned to Municipality, Schedule B Holiday Pay, Schedule C Hourly Rates on file in County Clerk’s office. FISCAL NOTE (MISC. #10335) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF’S OFFICE – STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF ROYAL OAK, JANUARY 1, 2011 – DECEMBER 31, 2011 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Charter Township of Royal Oak has requested that the Oakland County Sheriff provide law enforcement services to this community. 2. Miscellaneous Resolution #10261 authorized the established rates and contract language for calendar year 2011; the rates stated in this agreement are consistent with the rates established by this resolution. 3. The dates of the agreement are January 1, 2011 through December 31, 2011. 4. The Township of Royal Oak is not requesting any changes in positions or the purchase of new capital assets. 5. GF/GP positions 4030627-09296, 09297, 09300, and 09301 will be continued in the Contracted Patrol Unit/Patrol Services Division of the Sheriff’s Office and the number of contracted positions at this community remains at 4. 6. Sufficient operating revenues and expenses are budgeted for Fiscal Year 2011 through 2013, and will be reviewed yearly pending renewal of this contract. 7. No additional appropriation is required. FINANCE COMMITTEE Moved by Runestad supported by Middleton the resolution (with fiscal note attached) be adopted. AYES: Douglas, Gingell, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Potts, Runestad, Scott, Taub, Woodward, Zack, Bullard, Coulter. (17) NAYS: Gershenson, Nash, Schwartz, Coleman. (4) A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted. MISCELLANEOUS RESOLUTION #10336 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: SHERIFF'S OFFICE - STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF SPRINGFIELD, JANUARY 1, 2011 - DECEMBER 31, 2011 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 Townships, Villages and Cities for the purpose of providing Sheriff patrol services; and WHEREAS for several years the County of Oakland and the Oakland County Sheriff have contracted with Springfield Township, to provide law enforcement services to this community; and WHEREAS the Board of Commissioners by Miscellaneous Resolution #10261 authorized the established rates and contract language; and WHEREAS the Charter Township of Springfield has expressed an interest in entering into a new, one (1) year, law enforcement service agreement; and WHEREAS the Charter Township of Springfield is not requesting any changes to the number of deputies contracted in this agreement; and WHEREAS the Sheriff is in agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and, subject to the following paragraph, agrees to be bound by the terms and conditions contained in the Commissioners Minutes Continued. December 9, 2010 1243 Oakland County Sheriff's Office 2011 Law Enforcement Services Agreement with the Charter Township of Springfield. BE IT FURTHER RESOLVED that upon receipt of a final, executed Oakland County Sheriff's Office 2011 Law Enforcement Services Agreement from the Charter Township of Springfield, accompanied by a certified copy of the resolution of the Township Board accepting the Agreement, and upon the further acceptance of the above Agreement by the Oakland County Sheriff, the Oakland County Board of Commissioners authorizes its Chairperson to execute and enter into this Agreement on behalf of the County of Oakland. BE IT FURTHER RESOLVED that the Oakland County Clerk shall maintain a file for the above Agreement, and upon receipt of a final, executed copy of the above Agreement, together with a certified copy of that community's governing body resolution approving same, the Oakland County Clerk shall notify the Oakland County Sheriff and the Chairperson of the Oakland County Board of Commissioners that the above Agreement is ready for their signatures which the Clerk shall witness. BE IT FURTHER RESOLVED that the following GF/GP 4030628-07220, 02516, 05223, 06021, 06279, 07948, 07953, 09207, 09675, 10031, and 10380 positions be continued in the Contracted Patrol Unit/Patrol Services Division of the Sheriff’s Office. BE IT FURTHER RESOLVED that the future level of service, including the continuation of positions be contingent upon the level of funding associated with this agreement. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Oakland County Sheriff’s Office 2011 Law Enforcement Services Agreement with Charter Township of Springfield, Schedule A Sheriff’s Deputies Contracted for and to be Assigned to Municipality, Schedule B Holiday Pay, Schedule C Hourly Rates on file in County Clerk’s office, FISCAL NOTE (MISC. #10336) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF’S OFFICE – STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF SPRINGFIELD, JANUARY 1, 2011 – DECEMBER 31, 2011 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Charter Township of Springfield has requested that the Oakland County Sheriff provide law enforcement services to this community. 2. Miscellaneous Resolution #10261 authorized the established rates and contract language for calendar year 2011; the rates stated in this agreement are consistent with the rates established by this resolution. 3. The dates of the agreement are January 1, 2011 through December 31, 2011. 4. The Township of Springfield is not requesting any changes in positions or the purchase of new capital assets. 5. GF/GP positions 4030628-07220, 02516, 05223, 06021, 06279, 07948, 07953, 09207, 09675, 10031, and 10380 will be continued in the Contracted Patrol Unit/Patrol Services Division of the Sheriff’s Office and the number of contracted positions at this community remains at 11. 6. Sufficient operating revenues and expenses are budgeted for Fiscal Year 2011 through 2013, and will be reviewed yearly pending renewal of this contract. 7. No additional appropriation is required. FINANCE COMMITTEE Moved by Runestad supported by Middleton the resolution (with fiscal note attached) be adopted. AYES: Douglas, Gingell, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Potts, Runestad, Scott, Taub, Woodward, Zack, Bullard, Coulter. (17) NAYS: Gershenson, Nash, Schwartz, Coleman. (4) A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted. Commissioners Minutes Continued. December 9, 2010 1244 MISCELLANEOUS RESOLUTION #10337 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: 52-1 DISTRICT COURT – FY 2011 SOBRIETY COURT (SCAO) - GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the 52nd District Court, Division I (Novi) applied for a grant with the State Court Administrative Office (SCAO), Michigan Drug Court Grant Program effective October 1, 2010 through September 30, 2011; and WHEREAS the application requested total program funding in the amount of $85,640; $5,000 in grant funding was awarded from SCAO, plus $77,590 from the general fund; and WHEREAS this is the tenth year of grant funding; and WHEREAS the court intends to continue the Drug Court to deal with the problems of increasing recidivism, increasing use of alcohol and illegal drugs, rising systems costs, and an increase in jail days ordered; and WHEREAS this grant no longer funds any positions, the in-kind support is currently budgeted in the general fund; and WHEREAS this grant award of $5,000 funds Ignition Interlock installation, IN-HOM monitoring and travel expenses; and WHEREAS the grant agreement has been processed through the County Executive Contract Review process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Michigan Drug Court Grant (MDCGP)/State Court Administrative Office. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the contract agreement and that the chairperson may approve amendments and extensions up to fifteen (15%) percent variance from the award, consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant is conditioned upon continued interpretation of the contract consistent with the February 6, 2001, letter from the Michigan Supreme Court, State Court Administrative Office, providing that assurance #3 of that year’s grant application shall not be construed as a mandate for future funding of the program from the funding unit, said letter attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that no expenditures are authorized until a grant agreement is fully executed with the County’s obligation limited to the grant funding period. BE IT FURTHER RESOLVED that continuation of this grant program is contingent upon continuation of State funding. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Grant Review Sign Off – 52/1 District Court, State Court Administrative Office Michigan Drug Court Grant Program 2011 Grant Contract, Budget Summary Based on Actual Award, State of Michigan 95th Legislature Regular Session of 2010 on file in County Clerk’s office. FISCAL NOTE (MISC. #10337) BY: Finance Committee, Tom Middleton, Chairperson IN RE: 52-1 DISTRICT COURT – FY 2011 SOBRIETY COURT (SCAO) - GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The 52nd District Court, Division I (Novi) has received a grant from the State Court Administrative Office (SCAO), Michigan Drug Court Program in the amount of $5,000 for the period of October 1, 2010, through September 30, 2011. 2. The total program budget is for $82,590 which includes an award from SCAO of $5,000 with $77,590 in General Fund in-kind support and no required County cash match. Commissioners Minutes Continued. December 9, 2010 1245 3. The General Fund in-kind support is currently budgeted in the 52-1 District Court revenue budget under Assessment Fees (630105) and funds one (1) General Fund/General Purpose, full-time eligible Probation Officer I position (3020205-10508). 4. This is the tenth year that the 52-1 Novi Drug Court has been awarded grant funding from SCAO. 5. The award of $5,000 continues funding for the Ignition Interlock service of $4,250, and travel of $750. 6. A FY 2011 budget amendment is recommended to reflect the new SCAO grant awards as follows: 52-1 Sobriety Court (SCAO) Fund #27150 FY 2011 FY 2011 FY 2011 Project #GR0000000239 Activity A Adopted Budget Amended Analysis Type GLB Budget Amendment Budget Expenditures 3020201-121050-731458 Professional Srvs $4,475 $(225) $4,250 3020201-121050-732018 Travel & Conference 525 225 750 $5,000 $ (0) $5,000 FINANCE COMMITTEE Moved by Runestad supported by Zack the resolution (with fiscal note attached) be adopted. AYES: Gershenson, Gingell, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Coleman, Coulter, Douglas. (21) NAYS: (0) A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted. REPORT MR #10338 BY: Human Resources Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF PUBLIC SERVICES/COMMUNITY CORRECTIONS DIVISION – FY 2011 COMPREHENSIVE COMMUNITY CORRECTIONS PLAN GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee having reviewed the above referenced resolution on December 1, 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 #10338 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: DEPARTMENT OF PUBLIC SERVICES/COMMUNITY CORRECTIONS DIVISION – FY 2011 COMMUNITY CORRECTIONS COMPREHENSIVE PLAN GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Department of Public Services Community Corrections Division applied to the Michigan Department of Corrections (MDOC) for $3,939,520 in grant funds for the period of October 1, 2010, through September 30, 2011; and WHEREAS the application amount was revised to $3,929,048 at the request of the MDOC/Office of Community Corrections to reflect a 9.5% increase in funds rather than the projected 10% increase; and WHEREAS the MDOC has awarded Oakland County a 2010/2011 Community Corrections grant in the amount of $3,929,014 which is $34 less than requested in the revised application; and WHEREAS the MDOC now holds the contracts for all residential services meaning that $2,115,175 of the $3,929,014 award has been allocated for Oakland County Residential Services but will not be recorded as income; and Commissioners Minutes Continued. December 9, 2010 1246 WHEREAS the remaining amount of $1,813,839 is the County’s responsibility as shown on Schedule A; and WHEREAS the grant funds the following Community Corrections Division positions ten (10) Community Corrections Specialist IIs (positions 07425, 07426, 07429, 07432, 07433, 09243, 09247, 09291, 09648, 09649; one (1) PTNE Community Corrections Specialist II (position 9292), one (1) Office Assistant II (position 09295), one half (.5) Community Corrections Support Specialist (position 07834), one (1) Community Corrections Specialist III (position 07428), and one half (.5) Supervisor-Community Corrections (position 09396); and WHEREAS the grant funds the following Sheriff’s Department positions; three (3) Inmate Caseworkers (positions 07418, 07419, and 07420), one (1) PTNE Office Assistant I (position 07417), one (1) FTE Inmate Substance Abuse Tech (position 07421) and one (1) PTNE Inmate Substance Abuse Tech (position 09397);and WHEREAS the grant will provide funding assistance in the amount of $50,000 to the Sixth Circuit Court Adult Treatment Court for a portion of (1) SR FTE Youth and Family Casework Supervisor (3010402- 09712) ; and WHEREAS the grant acceptance requires no additional personnel to fulfill the grant agreement; and WHEREAS there is no County match required with this grant; however, it should be noted that the FY2011 Budget of this grant includes two (2) positions (#1070403-07834 and #1070410-09396) partially General Fund/General Purpose funded in Community Corrections; and WHEREAS the grant agreement has been approved by the County Executive's Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Fiscal Year 2011 Community Corrections grant from the Michigan Department of Corrections in the amount of $3,929,014. BE IT FURTHER RESOLVED that the County is financially responsible for $1,813,839 and that the State contracts directly for residential services of $2,115,175. The future level of service, including personnel (except the portion of Pretrial Services currently funded by the General Fund/General Purpose Fund) will be contingent upon the level of funding available from the State. BE IT FURTHER RESOLVED that the following Special Revenue (SR) positions be continued in Community Corrections: 1070402-07425, 07426, 07429, 07432, 07433, & 09247; 1070410-9243, 9291, 9648 & 9649; 1070410-09292 & 9295, 1070402-7834; 1070401-07428, and 1070410-09396. BE IT FURTHER RESOLVED that the following SR positions be continued in the Sheriff’s Office: 4030320-07417, 07418, 07419, 07420, 07421 & 09397. BE IT FURTHER RESOLVED that the grant will provide funding assistance in the amount of $50,000 to the Sixth Circuit Court Adult Treatment Court for a portion of (1) SR FTE Youth and Family Casework Supervisor (3010402-09712). Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Grant Review Sign Off – Community Corrections, State of Michigan Department of Corrections Comprehensive Plans and Services on file in County Clerk’s office. FISCAL NOTE (MISC. #10338) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF PUBLIC SERVICES/COMMUNITY CORRECTIONS DIVISION – FY 2011 COMMUNITY CORRECTIONS COMPREHENSIVE PLAN GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Michigan Department of Corrections (MDOC) has awarded the Oakland County Community Corrections Division funding in the amount of $3,929,048 for the period of October 1, 2010, through September 30, 2011. 2. This is the sixteenth (16th) year of the grant application with the Michigan Department of Corrections, Office of Community Corrections. 3. The award is $34 less than requested in the application. Commissioners Minutes Continued. December 9, 2010 1247 4. Michigan Department of Corrections holds the contracts for all residential services, which means $2,115,175 of the $3,929,014 award has been allocated to Oakland County residential services but will not be recorded as income. The $2,115,175 will be paid by the State directly to residential centers. The remaining amount of $1,813,839 is the County’s responsibility as detailed on Schedule A. 5. The grant provides funding for positions in the Community Corrections Division and the Sheriff’s Office. 6. The grant will continue to fund the following Community Corrections Division positions: ten (10) Community Corrections Specialist IIs (positions #07425, #07426, #07429, #07432, #07433, #09243, #09247, #09291, #09648, #09649; one (1) PTNE Community Corrections Specialist II (position #09292), one (1) Office Assistant II (position #09295), one-half (.50) Community Corrections Support Specialist (position #07834), one (1) Community Corrections Specialist III (position #07428), and one half (.50) Supervisor-Community Corrections (position #09396). (position #07834), one (1) Community Corrections Specialist III (Position #07428), and one half (.50) Supervisor-Community Corrections (position #09396) 7. The grant will continue to fund the following Sheriff’s Department positions; three (3) Inmate Caseworkers (position #07418, #07419 and #07420), one (1) Office Assistant I which is a FTE, but is underfilled with a PTNE (position #07417), one (1) FTE Inmate Substance Abuse Tech (position #07421) and one (1) PTE Inmate Substance Abuse Tech (position #09397). 8. The grant will also provide funding assistance in the amount of $50,000 for a portion of (1) SR FTE Youth and Family Casework Supervisor (position #3010402-09712) to the County’s Circuit Court – Adult Drug Treatment Court. 9. No County match is required with this grant. However, it should be noted that the FY 2011 Budget for this grant includes two (2) positions (#1070403-07834 and #1070410-09396) partially General Fund/General Purpose funded in Community Corrections 10. The FY 2011 Special Revenue Budget is amended in the amount of $1,813,839, as detailed in the attached Schedule A to reflect the new award. FINANCE COMMITTEE Moved by Runestad supported by Zack the resolution (with fiscal note attached) be adopted. Moved by Runestad supported by Zack the Human Resources 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 Public Services Committee Report. A sufficient majority having voted in favor, the amendment carried. Vote on resolution, as amended: AYES: Gingell, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillvray, Middleton, Nash, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Coleman, Coulter, Douglas, Gershenson. (21) NAYS: (0) REPORT #10339 BY: Human Resources Committee, Sue Ann Douglas, Chairperson IN RE: CIRCUIT COURT – FY 2011 JUVENILE AND ADULT DRUG COURT PROGRAMS AND COMBINED SCAO GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee having reviewed the above referenced resolution on December 1, 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. Commissioners Minutes Continued. December 9, 2010 1248 HUMAN RESOURCES COMMITTEE MISCELLANEOUS RESOLUTION #10339 BY: Public Services Committee, Jim Runestad, Vice Chairperson IN RE: CIRCUIT COUERT – FY 2011 JUVENILE AND ADULT DRUG COURT PROGRAMS AND COMBINED SCAO GRANT ACCEPTANCE To the Oakland County Board of Commissioners WHEREAS the Circuit Court applied for two grants with the State Court Administrative Office (SCAO), Michigan Drug Court Grant Program with a granting period of October 1, 2010 through September 30, 2011; and WHEREAS the court intends to continue the Adult and Juvenile Drug Courts to deal with the problems of increasing recidivism, increasing use of alcohol and illegal drugs, rising systems costs, and the increase in jail days ordered; and WHEREAS in addition, these awards provide funding for drug testing supplies and kits, contractual services for individual and family treatment; and WHEREAS (4) four positions are partially funded by the Adult and Juvenile Drug Court grants. These positions are one (1) SR FTE Youth and Family Casework Supervisor position (3010402-09712), one (1) SR FTE Technical Assistant position (3010402-10677), and two (2) SR FTE Youth and Family Caseworker II positions (3010402-09711 & 3010402-09835); and WHEREAS the Family-Focused Juvenile Drug Court Program has a budget of $511,740 with a SCAO Juvenile Grant award of $10,000 and funding from the Child Care Fund; and WHEREAS the Michigan Drug Court Grant Program, Adult Drug Treatment Court has a budget of $170,510 with a SCAO Adult Drug Court grant award of $10,000 and additional funding from the PA 511 Community Corrections and Michigan Department of Corrections, Community Corrections Grant; and WHEREAS the Manager Court Services position (3010402-07512) functions as a administrator of both programs and the Child Care fund allows for up to 20% partial reimbursement of this position; and WHEREAS the contract has been approved in accordance with the County Executive’s Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the FY 2010 Adult and Juvenile Drug Court SCAO grant awards. BE IT FURTHER RESOLVED that acceptance of this grant is conditioned upon the continued interpretation of the contract consistent with the February 6, 2001, letter from the Michigan Supreme Court, State Court Administrative Office, providing that assurance #3 of that grant application shall not be construed as a mandate for future funding of the program from the funding unit, said letter attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that no expenditures are authorized until a grant agreement is fully executed with the County’s obligation limited to the grant funding period. BE IT FURTHER RESOLVED that continuation of the positions (3010402-09711, 09712, 09835 & 10677), associated with these grants are contingent upon continuation of state funding, and receipt of additional funding sources. BE IT FURTHER RESOLVED that the Manger Court Services position (3010402-07512) assigned to the administration of these programs be partially reimbursed for up to 20% in accordance with Child Care Fund guidelines. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the contracts and that the chairperson may approved amendments and extensions up to fifteen (15%) percent variance from the awards, consistent with the original agreement as approved. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVIES COMMITTEE Copy of Grant Review Sign Off – Circuit Court, State Court Administrative Office Michigan Drug Court Grant Program 2011 Grant Contract, Attachment A Michigan Supreme Court – State Court Administrative Office FY 2010 Michigan Drug Court Grant Program Allowable Expenses (MDCGP Amended) on file in County Clerk’s Office. FISCAL NOTE (MISC. #10339) BY: Finance Committee, Tom Middleton, Chairperson Commissioners Minutes Continued. December 9, 2010 1249 IN RE: CIRCUIT COURT – FY 2011 JUVENILE AND ADULT DRUG COURT PROGRAMS AND COMBINED SCAO GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Circuit Court has received two grants from the State Court Administrative Office (SCAO), Michigan Drug Court Program, for the period of October 1, 2010 through September 30, 2011. 2. Total funding of $682,250 is derived from the following sources: a. Adult SCAO award (fund 27130) of $10,000. b. Juvenile SCAO award (fund 27140) of $10,000. c. Child Care Fund (20293) support of $480,722 for position costs, and controllable operating costs. d. General Fund (in-kind) support of $31,528. e. Michigan Department of Corrections, Community Corrections Grant (including PA 511 Community Corrections contributed funds) of $150,000 for position costs and contractual services. 3. There are five (5) full-time eligible positions are partially funded by the Adult and Juvenile Drug Courts totaling $342,641. These positions are funded as follows: f. One (1) SR full-time eligible Technical Assistant position (3010402-10677) with the total personnel cost of $57,513. This position is funded as follows: Adult Drug Court SCAO funds totaling $10,000 and Child Care Funds totaling $47,513. g. Two (2) SR full-time eligible Youth and Family Caseworker II positions (3010402-09711 & 3010402-09835) with the total personnel cost of $195,100. These positions are funded as follows: Juvenile Drug Court SCAO funds totaling $10,000 and Child Care Funds totaling $185,100. h. One (1) SR full-time eligible Youth and Family Casework Supervisor position (3010402- 09712) with the total personnel cost of $108,880. This position is funded as follows: Michigan Department of Corrections, Community Corrections Grant totaling $50,000, and Child Care Funds totaling $58,880. i. One (1) GF/GP Manager of Court Services position (3010402-07512) with total personnel costs of $31,148 covered by the Child Care Fund. The approval of the Child Care fund contract per MR #09198 authorized the Court to charge 20% of this position to the Child Care Fund. The remaining 80% is funded by the General Fund. 4. Operating costs for the Adult and Juvenile Drug Court Program of $258,081 consists of the following: Indirect Costs of $27,435, Personal Mileage of $15,796, Professional Services $204,000 ($100,000 is PA 511 funding), Travel and Conference $5,850, Supplies $1,000, and Incentives $4,000. All operating costs are included in the FY 2011 Adopted Budget. 5. Oakland County’s in-kind contribution is estimated to be $31,528 for FY 2011. This amount is derived by estimating Judges’ time, Court Referees’ time, Support staffs’ time, and internal services spent on the drug courts. Please note the Judges Salaries are reimbursed by the State. All in-kind General Fund contributions are included in the FY 2011 Adopted Budget. 6. A FY 2011 budget amendment is recommended to reflect the SCAO grant awards as follows: Adult Drug Court (SCAO) Grant Fund #27130 FY 2011 Amendment FY 2011 Circuit Court Civil Criminal Division Adopted Amended GR0000000233 Revenue 3010301-121200-615571 Grants – State $35,000 ($25,000) $10,000 Total Revenue Adj. $35,000 ($25,000) $10,000 Expenditures 3010301-121200-702010 Salaries $22,146 ($15,646) $ 6,500 3010301-121200-722770 Retirement 6,004 ( 3,966) 2,038 3010301-121200-722810 Disability 87 ( 76) 11 3010301-121200-722790 Social Security 1,694 ( 1,426) 268 3010301-121200-722820 Unemployment 44 ( .29) 15 Commissioners Minutes Continued. December 9, 2010 1250 3010301-121200-722760 Group Life 80 ( 65) 15 3010301-121200-722750 Workers Comp 78 ( 35) 43 3010301-121200-722780 Hospitalization 4,411 ( 3,360) 1,051 3010301-121200-722800 Dental 424 ( 368) 56 3010301-121200-722850 Optical 32 ( 29) 3 Total Expenditure Adj. $35,000 ($25,000) $10,000 Juvenile Drug Court (SCAO) Grant Fund #27140 FY 2011 Amendment FY 2011 Circuit Court Family Division Adopted Amended GR0000000236 Revenue 3010402-121200-615571 Grants – State $29,250 $(19,250) $10,000 Total Revenue Adj. $29,250 $(19,250) $10,000 Expenditure 3010402-121200-702010 Salaries $18,800 $(12,300) $6,500 3010402-121200-722770 Retirement 5,379 ( 3,341) 2,038 3010402-121200-722810 Disability 73 ( 62) 11 3010402-121200-722790 Social Security 1,439 ( 1,171) 268 3010402-121200-722820 Unemployment 38 ( 23) 15 3010402-121200-722760 Group Life 67 ( 52) 15 3010402-121200-722750 Workers Comp 76 ( 33) 43 3010402-121200-722780 Hospitalization 3,076 ( 2,025) 1,051 3010402-121200-722800 Dental 280 ( 224) 56 3010402-121200-722850 Optical 22 ( 19) 3 Total Expenditure Adj. $29,250 $(19,250) $10,000 FINANCE COMMITTEE Moved by Runestad supported by Zack the resolution (with fiscal note attached) be adopted. Moved by Runestad supported by Zack the Human Resources Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Vote on resolution: AYES: Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Coleman, Coulter, Douglas, Gershenson, Gingell. (21) NAYS: (0) REPORT #10295 BY: Human Resources Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFF’S OFFICE – CONTRACT FOR LAW ENFORCEMENT SERVICES IN THE CITY OF PONTIAC To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee having reviewed MR #10295 on December 1, 2010 reports with the recommendation the resolution be adopted with the attached substituted contract. Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing Report. HUMAN RESOURCES COMMITTEE MISCELLANEOUS RESOLUTION #10295 BY: Jim Runestad, Chairman, Public Services Committee Commissioners Minutes Continued. December 9, 2010 1251 IN RE: SHERIFF'S OFFICE - CONTRACT FOR LAW ENFORCEMENT SERVICES IN THE CITY OF PONTIAC 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 Department to enter into contracts with Townships, Villages and Cities for the purpose of providing Sheriff patrol services; and WHEREAS the Board of Commissioners is currently reviewing the standard law enforcement services rates for the period January 1, 2011 to December 31, 2011; and WHEREAS the City of Pontiac, through the Emergency Financial Manager, has requested that the Oakland County Sheriff provide patrol services to the citizens of the City; and WHEREAS the City of Pontiac has requested that a contract for one (1) Captain, two (2) Lieutenants, one (1) Detective Sergeant, six (6) Patrol Sergeants, ten (10) Patrol Investigators and fifty-four (54) Deputy II (no-fill) be created; and WHEREAS the Sheriff has agreed to contract for one (1) Captain, two (2) Lieutenants, one (1) Detective Sergeant, six (6) Patrol Sergeants, ten (10) Patrol Investigators and fifty-four (54) Deputy II (no-fill); and WHEREAS the Sheriff is requesting six (6) additional Dispatch Specialists (dispatcher) for the Communications Unit with the costs being paid by the community that contracts for Sheriff Patrol Services (see attached schedule A). NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached contract with the City of Pontiac for one (1) Captain, two (2) Lieutenants, one (1) Detective Sergeant, six (6) Patrol Sergeants, ten (10) Patrol Investigators and fifty-four (54) Deputy II (no-fill). BE IT FURTHER RESOLVED that one (1) GF/GP Captain, two (2) GF/GP Lieutenants, seven (7) GF/GP Sergeants, and sixty-four (64) GF/GP Deputy II position’s be created in the Contracted Patrol Unit, Patrol Services Division of the Sheriff's Office. BE IT FURTHER RESOLVED that twelve (12) unmarked vehicles and twenty-two (22) patrol vehicles with Video Cameras and MDC’s, thirty four mobile radios, and thirty four prep radios be added to the County Fleet BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves the creation of six (6) GF/GP Dispatch Specialists in the Communications Unit, Emergency Response and Preparedness Division, of the Sheriff’s Office. BE IT FURTHER RESOLVED that this contract will take effect on January 1, 2011. Chairperson, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Oakland County Sheriff’s Office 2011 Law Enforcement Services Agreement with City of Pontiac on file in County Clerk’s office. FISCAL NOTE (MISC. #10295) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF’S OFFICE – CONTRACT FOR LAW ENFORCEMENT SERVICES IN THE CITY OF PONTIAC 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 Pontiac has requested to enter into contract with the Oakland County Sheriff’s Office to provide patrol services for the City of Pontiac. 2. Miscellaneous Resolutions #10261 & #10262 authorized the established patrol contract and overtime rates for calendar year 2011. 3. The total annual contract price is $10,259,969 as established through negotiations with the Emergency Financial Manager of the City of Pontiac for all services included in the contract agreement. 4. The contract period is effective January 1, 2011 through December 31, 2011. Commissioners Minutes Continued. December 9, 2010 1252 5. The contract agreement includes the creation of one (1) Captain, two (2) Lieutenants, one (1) Detective Sergeant, six (6) Patrol Sergeants, ten (10) Patrol Investigators, fifty-four (54) Deputy II (no-fill) positions, and five (5) GF/GP PTNE 900 hours/year Court Deputy II positions. 6. The Sheriff is also requesting six (6) additional Dispatch Specialists in the Communications Unit. 7. To fulfill this contract will require the procurement of twelve (12) unmarked vehicles and twenty- two (22) patrol vehicles with video cameras and MDC’s , thirty-four (34) mobile radios, and thirty- four (34) prep radios; the capital cost requirements have not been determined at this time. 8. With this contract agreement, the portion of total costs for positions and operating expenses attributed to the Oakland County Sheriff’s Office equates to $7,530,729 for FY 2011 and $10,040,972 for FY 2012 and FY 2013, while the City of Pontiac will incur the remaining annual cost of $218,997 based the contract rate schedule for Dispatch services during the period of January 1, 2011 through December 31, 2011. 9. The budget is amended for FY 2011 through FY 2013 as follows to reflect the revenue and expenditures associated with the Sheriff’s Office budget as follows: GENERAL FUND (#10100) Sheriff Patrol Services Revenues FY 2011 FY 2012 FY 2013 4030601-116180-632093-40420 Sher. Sp. Dep $7,530,729 $10,040,972 $10,040,972 Total Revenues $7,530,729 $10,040,972 $10,040,972 Sheriff Patrol Services Expenditures 4030501-116230-702010 Salaries $ 166,923 $ 222,564 $ 222,564 4030501-116230-712020 Overtime 293,478 391,312 391,312 4030501-116230-722790 Social Sec. 12,770 17,026 17,026 4030501-116230-722770 Retirement 55,853 74,470 74,470 4030501-116230-722780 Hospitalization 29,145 38,860 38,860 4030501-116230-722760 Group Life 734 979 979 4030501-116230-722750 Workers Comp 2,070 2,760 2,760 4030501-116230-722810 Disability 518 690 690 4030501-116230-722820 Unemployment 734 979 979 4030501-116230-722800 Dental 2,671 3,561 3,561 4030501-116230-722850 Optical 150 200 200 4030501-116230-750581 Uniforms 2,250 3,000 3,000 4030601-116180-702010 Salaries 3,093,736 4,124,981 4,124,981 4030601-116180-712020 Overtime 1,520,690 2,025,586 2, 025,586 4030601-116180-722790 Social Sec. 232,551 310,068 310,068 4030601-116180-722770 Retirement 1,013,675 1,351,567 1,351,567 4030601-116180-722780 Hospitalization 528,565 704,753 704,753 4030601-116180-722760 Group Life 13,320 17,760 17,760 4030601-116180-722750 Workers Comp 38,363 51,150 51,150 4030601-116180-722810 Disability 9,385 12,513 12,513 4030601-116180-722820 Unemployment 13,613 18,150 18,150 4030601-116180-722800 Dental 48,437 64,582 64,582 4030601-116180-722850 Optical 2,725 3,633 3,633 4030601-116180-750070 Deputy Supplies 21,867 29,156 29,156 4030601-116180-750581 Uniforms 26,294 37,058 37,058 4030601-116180-730653 Equip Rental 41,292 55,056 55,056 4030601-116180-774677 Insurance Fund 45,233 60,310 60,310 4030601-116180-773535 CLEMIS 9,047 12,062 12,062 4030601-116180-776659 Motor Pool Fuel 75,000 100,000 100,000 4030601-116180-776661 Motor Pool 229,640 306,186 306,186 Total Expenditures $7,530,729 $10,040,972 $10,040,972 FINANCE COMMITTEE Moved by Runestad supported by Middleton the resolution (with fiscal note attached) be adopted. Moved by Runestad supported by Middleton the Human Resources Committee Report be accepted. Commissioners Minutes Continued. December 9, 2010 1253 A sufficient majority having voted in favor, the report was accepted. Moved by Runestad supported by Long the resolution be amended as follows: NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached contract with the City of Pontiac and authorizes the Chairperson of the Oakland County Board of Commissioners to sign and execute the agreement for one (1) Captain, two (2) Lieutenants, one (1) Detective Sergeant, six (6) Patrol Sergeants, ten (10) Patrol Investigators and fifty-four (54) Deputy II (no-fill). BE IT FURHER RESOLVED that one (1) GF/GP Captain, two (2) GF/GP Lieutenants, seven (7) GF/GP Sergeants, and sixty-four (64) GF/GP Deputy II position’s be created in the Contracted Patrol Unit, Patrol Services Division of the Sheriff’s Office. BE IT FURHER RESOLVED that five (5) GF/GP part-time non-eligible 900 hours/year Court Deputy II positions be created in the Patrol Unit, Patrol Services division of the Sheriff’s Office to provide building security for the proposed sub station in Pontiac. A sufficient majority having voted in favor, the amendment carried. Discussion followed. Moved by Runestad supported by Middleton the resolution (with fiscal note attached) be adopted. Moved by Greimel supported by Coleman the resolution be amended as follows: Motion to ensure that Pontiac’s mayor and city council president are enabled to express concerns regarding the assignment of sheriff’s deputies to the city by amending the proposed Sheriff’s Department contract as follows: (1) Adding the following subsection i. under section 1: i. “ELECTED REPRESENTATIVES” shall be defined, for all purposes under this Agreement, as the Mayor of the City of Pontiac and the President of the Pontiac City Council. (2) Amending the third sentence in section 15 to read as follows: The MUNICIPALITY LIASION and/or the ELECTED REPRESENTATIVES may bring to the SHERIFF’S attention any concerns that they have regarding the assignment of any SHERIFF’S DEPUTY to the MUNICIPALITY. A sufficient majority not having voted in favor, the amendment failed. Discussion followed. Moved by Runestad supported by Middleton the resolution (with fiscal note attached) be adopted. Moved by Greimel supported by Coleman the resolution be amended as follows: Motion to ensure that Pontiac’s mayor and city council president are allowed to interview and meet any command officers before they are assigned to the city by amending the proposed Sheriff’s Department contract as follows: (2) Amending the fourth sentence in section 15 to read as follows: The SHERIFF shall provide the MUNICIPALITY LIASION and the ELECTED REPRESENTATIVES an opportunity to interview and meet any command officers before they are assigned to the Municipality, however, the SHERIFF’S decision on the assignment of any SHERIFF’S DEPUTY shall be final. Commissioners Minutes Continued. December 9, 2010 1254 A sufficient majority not having voted in favor, the amendment failed. Business Manager – Sheriff, Dale Cunningham addressed the Board. Commissioner Tim Greimel challenged Chairperson Bill Bullard, Jr. regarding the number of votes that’s needed to pass an amendment. Chairperson Bill Bullard, Jr., called a brief recess. Chairperson Bill Bullard, Jr., call Board back to order. Chairperson Bill Bullard, Jr, addressed the Board, regarding the two (2) previous amendments that were before the Board, moved by Greimel supported by Coleman with a sufficient majority having voted in favor, has carried. Discussion followed. Chairperson Bill Bullard, Jr., called a brief recess. Chairperson Bill Bullard, Jr., called the Board back to order. Moved by Runestad supported by Middleton the resolution (with fiscal note attached) be adopted. Moved by Greimel supported by Coleman the resolution be amended as follows: Motion to create a Pontiac Citizens Law Enforcement Advisory Committee by amending the proposed Sheriff’s Department contract as follows: (2) Adding the following paragraph to the end of Section 15 of the proposed Sheriff’s Department contract: The COUNTY Board of Commissioners requests that the MUNICIPALITY create a Citizens Law Enforcement Advisory Committee, composed of up to seven (7) residents of the City of Pontiac. The COUNTY Board of Commissioners suggests that the members of such a Citizens Law Enforcement Advisory Committee be nominated by the Mayor of the MUNICIPALITY subject to the approval of a majority of the MUNICIPALITY’S city council members voting at an official city council meeting held in accordance with the MUNICIPALITY’S charter and Michigan’s Open Meeting Act. Once formed, the Citizens Law Enforcement Advisory Committee shall be empowered to receive and review any concerns and complaints about the conduct or alleged conduct of any SHERIFF’S DEPUTY OR SHERIFF’S DEPUTIES assigned to the MUNICIPALITY and shall make non-binding, written recommendations to the O.C.S.O. LIASON, the MUNICIPALITY LIASON, and the ELECTED REPRESENTATIVES about how to address the conduct or alleged conduct. A sufficient majority having voted in favor, the amendment carried. Commissioner Gingell addressed the Board. Moved by Runestad supported by Middleton the resolution (with fiscal note attached) be adopted. Moved by Greimel supported by Coleman the resolution be amended as follows: Motion to ensure that Pontiac’s Mayor and City Council President are kept informed of communications relating to Sheriff’s Department services by amending the proposed Sheriff’s Department contract as follows: Commissioners Minutes Continued. December 9, 2010 1255 (2) Adding the following sentence after the second sentence in section 15: The O.C.S.O. LIASION and the MUNICIPALITY LIASON shall invite and allow the ELECTED REPRESENTATIVES to attend all of their meetings with at least 2 days notice (unless such meetings are called on an emergency basis and 2 days notice is not possible, in which case as much advance notice as possible shall be given), and the O.C.S.O. LIASION and the MUNCIPALITY LIAISON shall contemporaneously copy the ELECTED REPRESENTATIVES on all written communications between the O.C.S.O. LIASION and the MUNICIPALITY LIASION. (3) Amending section 25 to read as follows: The parties shall send, by first class mail, all correspondence and written notices required or permitted by this Agreement to each signatory to this Agreement, or any signatory successor in office, to the addresses shown in this Agreement, and shall contemporaneously send, by first class mail, all such correspondence and written notices to the ELECTED REPRESENTATIVES at their home addresses. Discussion followed. A sufficient majority having voted in favor, the amendment carried. Moved by Runestad supported by Middleton the resolution (with fiscal note attached) be adopted. Moved by Greimel supported by Coleman the resolution be amended as follows: Motion to require that Pontiac’s City Council must approve the proposed Sheriff’s Department contract in order for it to become effective by amending the first sentence of Section 23 of the proposed Sheriff’s Department contract to read as follows: This Agreement, and any subsequent amendments, shall not become effective prior to their approval by all of the following: (a) the COUNTY Board of Commissioners; (b) the duly appointed Emergency Financial Manager of the MUNICIPALITY or his successor in office (if an Emergency Financial Manager is currently appointed); and (c) by a majority of the MUNICIPALITY’S city council members voting at an official city council meeting held in accordance with the MUNICIPALITY’S charter and Michigan’s Open Meeting Act (regardless of whether or not an Emergency Financial Manager is currently appointed). A sufficient majority having voted in favor, the amendment carried. Discussion followed. Moved by Runestad supported by Middleton the resolution (with fiscal note attached) be adopted. Moved by Greimel supported by Coleman the resolution be amended as follows: Motion to require that Pontiac’s current and former police officers must receive all of their sick payouts, vacation payouts, and other payouts owed to them in order for the contract to become effective by adding the following sentence to the end of Section 23 of the proposed Sheriff’s Department contract: This Agreement, and any subsequent amendments, shall not become effective unless and until the City of Pontiac pays current and former Pontiac police officers and other Pontiac Police Department employees all sick payouts, vacation payouts, and other payouts that they are owed. A sufficient majority having voted in favor, the amendment carried. Commissioners Minutes Continued. December 9, 2010 1256 Discussion followed. Moved by Greimel supported by Coleman to call the question and vote on the resolution as it stands. AYES: Runestad, Schwartz, Woodward, Zack, Coleman, Coulter, Gershenson, Gingell, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash. (16) NAYS: Potts, Scott, Taub, Bullard, Douglas. (5) A sufficient majority having voted in favor, the resolution as it stands, was before the Board. Chairperson Bill Bullard, Jr., called a brief recess. Chairperson Bill Bullard, Jr. called the Board back to order. Moved by Runestad supported by Middleton the resolution (with fiscal note attached), as amended, be adopted. Vote on resolution, as amended: AYES: Greimel, McGillivray. (2) NAYS: Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Coleman, Coulter, Douglas, Gershenson, Gingell, Hatchett, Jackson, Jacobsen, Long, Middleton, Nash, Potts. (19) A sufficient majority having voted opposed, the resolution (with fiscal note attached), as amended, defeated. REPORT #10296 BY: Human Resources Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFF’S OFFICE – CONTRACT FOR FIRE DISPATCH SERVICES FOR THE CITY OF PONTIAC FOR 2011-2012 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee having reviewed MR #10296 on December 1, 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 #10296 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: SHERIFF’S OFFICE – CONTRACT FOR FIRE DISPATCH SERVICES FOR THE CITY OF PONTIAC FOR 2011 - 2012 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 City of Pontiac through the Emergency Financial Manager has requested that the Sheriff’s Office dispatch fire calls for the City of Pontiac 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 City of Pontiac; 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 City of Pontiac. BE IT FURTHER RESOLVED that four (4) GF/GP Dispatch Specialists positions be created in the Sheriff Emergency Response & Preparedness Division, Communications Unit. Commissioners Minutes Continued. December 9, 2010 1257 BE IT FURTHER RESOLVED that these positions are contingent upon renewal of the attached agreement. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Draft Fire Dispatch Service Agreement between the County of Oakland and The City of Pontiac on file in County Clerk’s office. FISCAL NOTE (MISC. #10296) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF’S OFFICE – CONTRACT FOR FIRE DISPATCH SERVICES IN THE CITY OF PONTIAC FOR 2011-2012 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The City of Pontiac has requested to enter into contract with the Oakland County 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 City of Pontiac has requested to enter into a 15 month contract agreement with the Sheriff’s Office for fire dispatch services for the period from January 1, 2011 through March 31, 2012. 3. With this agreement four (4) new GF/GP full time eligible FTE Dispatch Specialist positions will be created in the Sheriff’s Emergency Preparation Training and Communications Division. 4. The contract rates established for the period of January 1, 2011 through March 31, 2011 will be billed at $17,846.44 per month; the period of April 1, 2011 through March 31, 2012 will be billed at $18,384.22 per month; the period of April 1, 2012 through December 31, 2012 will be billed at $18,384.22 per month. 5. Budget estimates based on fiscal years ending September 30 are $164,248 for 9 months of FY 2011 ($218,997 per annum), $220,611 for FY 2012, and $220,611 for FY 2013. 6. A budget amendment is recommended to the FY 2011 Budget for nine months of costs and to the FY 2012 – FY 2013 Adopted Budget for fiscal year costs as follows: GENERAL FUND (#10100) Revenue FY 2011 FY 2012 FY 2013 4030501-116230-630539-40500 Dispatch Rev. $164,248 $220,611 $220,611 Total Revenues $164,248 $220,611 $220,611 Sheriff Patrol Services Expenditures 4030501-116230-702010 Salaries $ 111,282 $148,376 $148,376 4030501-116230-722790 Social Sec. 8,513 11,351 11,351 4030501-116230-722770 Retirement 37,235 49,647 49,647 4030501-116230-722780 Hospitalization 19,430 25,906 25,906 4030501-116230-722760 Group Life 490 653 653 4030501-116230-722750 Workers Comp 1,380 1,840 1,840 4030501-116230-722810 Disability 345 460 460 4030501-116230-722820 Unemployment 490 653 653 4030501-116230-722800 Dental 1,781 2,374 2,374 4030501-116230-722850 Optical 100 134 134 4030501-116230-750581 Uniforms 1,500 2,000 2,000 4030501-116230-712020 Overtime (18,298) (22,783) (22,783) Total Expenditures $164,248 $220,611 $220,611 FINANCE COMMITTEE Moved by Greimel supported by Coleman the resolution (with fiscal note attached) be adopted. Moved by Greimel supported by Coleman the Human Resources Committee Report be accepted. Commissioners Minutes Continued. December 9, 2010 1258 A sufficient majority having voted opposed, the report failed. Moved by Greimel supported by Coleman the resolution be amended as follows: BE IT FURTHER RESOLVED that this contract shall not become effective unless and until it is approved by a majority of the City of Pontiac’s city council members voting at an official city council meeting held in accordance with the City of Pontiac’s charter and Michigan’s Open Meetings Act (regardless of whether or not an Emergency Financial Manager is currently appointed). BE IT FURTHER RESOLVED that this contract shall not become effective unless and until the City of Pontiac pays current and former Pontiac Police Department and Fire Department dispatch employees all sick payouts, vacation payouts, and other payouts, and other payouts that they are owed. Discussion followed. A sufficient majority having voted opposed, the amendment failed. Moved by Coulter supported by Greimel the resolution be amended as follows: BE IT FURTHER RESOLVED that this contract shall not become effective unless and until the City of Pontiac pays current and former Pontiac Police Department and Fire Department dispatch employees all sick payouts, vacation payouts, and other payouts, and other payouts that they are owed. A sufficient majority having voted in favor, the amendment carried. Vote on resolution, as amended: AYES: Coulter. (1) NAYS: Scott, Taub, Woodward, Zack, Bullard, Coleman, Douglas, Gershenson, Gingell, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Schwartz. (20) A sufficient majority having voted opposed, the resolution (with fiscal note attached), as amended, was defeated. Special Order of Business a. Motion to Discharge MR #10226 – Board of Commissioners - Resolution in Support of Embryonic Stem Cell Research. Moved by Greimel supported by Schwartz to adopt MR #10226 the motion failed. b. Motion to Discharge MR #10176 – Board of Commissioners – Resolution to Post Oakland County’s Check Register Online. Commissioner Greimel withdrew his motion and gave notice that he plans to discharge MR #10176 at the next regular Board Meeting on January 5, 2011. MISCELLANEOUS RESOLUTION #10340 BY: Commissioners Tim Burns, District #19; David Woodward #18 IN RE: BOARD OF COMMISSIONERS – MOBILE FOOD VENDORS ON CIRCUIT COURT HOUSE PUBLIC SQUARE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Commissioners Minutes Continued. December 9, 2010 1259 WHEREAS Oakland County has a long-time policy of using a formal, competitive procurement process in which all vendors are evaluated with equal consideration. Once a need has been identified, the Purchasing Division solicits the appropriate members of the vendor community for pricing and purchase information; and WHEREAS Oakland County employees have recently taken pay cuts to assist with balancing the County government budget; and WHEREAS many of the visitors to Oakland County Court House complex are budget conscious due to current economic conditions; and WHEREAS there is interest in providing employees and visitors to the Oakland County complex with a wide variety of affordable food options; and WHEREAS the Michigan Food Law of 2000, as amended, defines a “mobile food establishment” as a food establishment operating from a vehicle, cart, tent, trailer or watercraft that returns to a licensed commissary for servicing and maintenance at least once every 24 hours; and WHEREAS mobile food establishments designated to be located on the public square that serves as the southern entrance the County Circuit Court House (1200 N. Telegraph Road), which is located within the City of Pontiac would expand and enhance the options and convenience of food selections for employees and visitors; and WHEREAS a mobile food cart is a limited food service operation that serves a limited menu, usually hot dogs, from a small open air push cart. Based on their limited facilities, mobile food carts are limited to foods or beverages requiring minimal handling on site and must return to an approved commissary at least once every 24 hours, such as a licensed food service establishment; and WHEREAS current Michigan Law provides that a mobile food cart establishment may be requested to submit a plan review packet, including a plan review application, fee, menu, standard operating procedures, drawing/layout of cart, and equipment specification sheet; and WHEREAS the City of Pontiac allows mobile food establishments upon the vendor's receipt of a permit from the City; and WHEREAS a mobile food cart must have the equipment and resources available to ensure food safety. Typically, this requires items such as a hand wipes, gloves, a sanitizer spray bottle and paper towels, a metal stem thermometer, methods of hot and cold holding of foods, and a method of covering and protecting food from customers and the elements. Additionally, a mobile food cart must have the name and address of the business operating the mobile cart on each side of the cart in letters not less than 3 inches high. Mobile carts are typically inspected once every six months by a Sanitarian; and WHEREAS each application for a license shall pay to the local health department having jurisdiction the required sanitation service fees and an additional state license fee (at the time an application is submitted); and WHEREAS the current contract between Oakland County and Kosch Hospitality to operate a cafeteria on the Court House grounds specifically includes a non-exclusivity clause for providing food and catering services on County property; and WHEREAS Oakland County allows a separate vendor from Kosch Hospitality to operate food vending machines within the Court House, and specifically within the cafeteria that Kosch Hospitality operates, in an effort to provide a variety of options to employees and visitors at the County Court House; and WHEREAS the Oakland County Board of Commissioners is desirous of working with the Oakland County Executive administration to establish the appropriate policies, process, procedures, and appropriate permits, licenses and fees for establishing stationary outdoor sites on the Oakland County campus for mobile food carts and the solicitation of potential vendors through the purchasing process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, hereby wishes to establish a policy of allowing mobile food carts be allowed at a designated location on the public square of the southern entrance to the County's Circuit Court building. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes and directs the Oakland County Executive’s administration to promulgate the policy, procedures, aesthetics, location, and fees for allowing mobile food carts on the Oakland County Campus within two (2) months of the adoption of this Resolution. BE IT FURTHER RESOLVED that the Oakland County Executives administration must allow for at least on mobile food cart to be located and to operate on the public square located at the southern entrance of the Oakland County Circuit Court House upon adoption of this Resolution but may in its promulgated rules establish additional minimum and maximum vendor numbers as deemed appropriate. Commissioners Minutes Continued. December 9, 2010 1260 BE IT FURTHER RESOLVED that upon the adoption of this Resolution, the Oakland County Board of Commissioners respectfully requests that the Oakland County Executive’s administration to work with the Board of Commissioner’s Director of Administration to draft the Request for Proposals and through the Oakland County Purchasing Process solicit bids for mobile food cart vendors that will be permitted to operate on the identified outdoor site on the Oakland County campus. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs the Oakland County Executive’s administration to publicly submit a request for proposal based upon its promulgated rules for establishing stationary outdoor sites on the Oakland County campus for mobile food carts within three (3) months of the adoption of this Resolution and select qualified vendor(s) through the County's official bidding process within six (6) months of the adoption of this Resolution. BE IT FURTHER RESOLVED that the Oakland County Executives administration shall report to the Oakland County Board of Commissioners Planning & Building Committee twelve (12) months after the selection of mobile food cart vendor(s) with an evaluation regarding the merits of the policy's future continuation upon which the Committee's recommendation will be submitted to the full Board for approval. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to the Oakland County Executive and Oakland County’s Department Directors of Health and Human Services, Corporation Counsel, Risk Management, Purchasing, and Management & Budget. Chairperson, we move the adoption of the foregoing resolution. Moved by Woodward supported by Schwartz to suspend the rules and vote on Miscellaneous Resolution #10340 – Board of Commissioners – Mobile Food Vendors on Circuit Court House Public Square. Vote on motion to suspend the rules: AYES: Woodward, Zack, Coleman, Coulter, Gershenson, Greimel, Hatchett, Jackson, McGillivray, Nash, Schwartz. (11) NAYS: Bullard, Douglas, Gingell, Jacobsen, Long, Middleton, Potts, Runestad, Scott, Taub. (10) A sufficient majority not having voted in favor, the motion to suspend the rules and vote on Miscellaneous Resolution #10340 - Board of Commissioners – Mobile Food Vendors on Circuit Court House Public Square failed. The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #10341 BY: Commissioners David Coulter, Marcia Gershenson, and Tim Greimel IN RE: BOARD OF COMMISSIONERS – ADOPTION OF “FIX IT FIRST” POLICY IN APPROPRIATION OF TRI-PARTY ROAD PROGRAM EXPENDITURES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS due to the Road Commission for Oakland County having more miles of road under its jurisdiction than any other road commission or county in the State of Michigan and due to financial challenges facing the State of Michigan and all road commissions, the Michigan Infrastructure and Transportation Association has recently reported that Oakland County has the second highest number of roads in disrepair of any county in the State of Michigan; and WHEREAS Resolution #09221 gives the Oakland County Board of Commissioners substantially greater authority over the expenditure of Tri-Party Road Improvement Program funds than it has exercised in the past; and WHEREAS the Board of Commissioners believes that scarce road funds should be prioritized on repairing roads before they are used on widening or expanding roads. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby adopts a policy of appropriating its share of Tri-Party Road Improvement Program funding only to the repair, repaving, and resurfacing of roads and to the limited reconfiguration of roads for safety purposes. BE IT FURTHER RESOLVED that this new policy of the Oakland County Board of Commissioners expressly prohibits the use of its share of Tri-Party Road Improvement Program dollars to be used for: (a) Commissioners Minutes Continued. December 9, 2010 1261 the widening of roads by adding through-lanes in both directions; (b) the extension of roads into areas where the roads did not previously go; and/or (c) the construction of entirely new roads. BE IT FURTHER RESOLVED that this new policy will continue to permit the use of Tri-Party Road Improvement Program dollars for the construction of middle turn lanes, right turn lanes, and left turn lanes (even if doing so means that a road will be expanded from two lanes to three lanes or from four lanes to five lanes), will continue to permit the use of Tri-Part Road Improvement Program dollars for the construction of boulevards, so long as such projects do not involve the construction of additional through- lanes, and will continue to permit the use of Tri-Party Road Improvement Program dollars for the paving of gravel roads so long as such newly paved roads are only two lanes or three lanes (two lanes with a middle turn lane). BE IT FURTHER RESOLVED that the restrictions on the use of Tri-Party Road Improvement Program funds provided by this resolution do not apply to projects for which design work and/or right-of-way acquisition began prior to the passage of this resolution. BE IT FURTHER RESOLVED that the Board of Commissioners requests the Oakland County Clerk to forward copies of this resolution to the Road Commission for Oakland County and to all cities, villages, and townships in Oakland County. Chairperson, we move the adoption of the foregoing resolution. Moved by Greimel supported by Schwartz to suspend the rules and vote on Miscellaneous Resolution #10341 – Board of Commissioners – Adoption of “Fix it First” Policy in appropriation of Tri-Party Road Program Expenditures. Vote on motion to suspend the rules: AYES: Coleman, Coulter, Gershenson, Greimel, Hatchett, McGillivray, Nash, Schwartz, Woodward. (9) NAYS: Zack, Bullard, Douglas, Gingell, Jackson, Jacobsen, Long, Middleton, Potts, Runestad, Scott, Taub. (12) A sufficient majority having voted opposed, the motion to suspend the rules and vote on Miscellaneous Resolution #10341 – Board of Commissioners – Adoption of “Fix it First” Policy in appropriation of Tri- Party Road Program Expenditures failed. The Chairperson referred the resolution to the Finance Committee. There were no objections. The Board adjourned at 2:11 p.m. to the call of the Chair or January 5, 2011, at 5:30 p.m. RUTH JOHNSON BILL BULLARD, JR. Clerk Chairperson