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HomeMy WebLinkAboutMinutes - 2001.10.11 - 7132551 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES October 11, 2001 Meeting called to order by Chairperson Frank Millard at 9:50 a.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Amos, Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Melton, Millard, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster. (25) ABSENT: None. (0) Quorum present. Invocation given by David L. Moffitt. Pledge of Allegiance to the Flag. Moved by Crawford supported by Suarez the minutes of the September 20, 2001, Board Meeting be approved. A sufficient majority having voted therefore, the minutes were approved as printed. Moved by Sever supported by Obrecht the rules be suspended and the agenda be amended, as follows: ITEMS ON PRINTED AGENDA PLANNING AND BUILDING COMMITTEE b. Drain Commissioner – 120 Day Extension of Interlocal Agreement for Operations and Maintenance – Lyon Township Sewage Disposal System (Reason for suspension for Planning and Building Committee, item b: Waiver of Rule XII.C.1. – Direct Referral to Finance Committee) PUBLIC SERVICES COMMITTEE a. Sheriff’s Department – Bullet-Proof Vest Partnership Program Grant Acceptance (Reason for suspension for Public Services Committee, item a: Waiver of Rule XII.C.1. – Direct Referral to Finance Committee) Commissioners Minutes Continued. October 11, 2001 552 ITEMS NOT ON BOARD AGENDA PUBLIC SERVICES COMMITTEE c. Miscellaneous Resolution #01253 – Sheriff’s Department – Contract Amendment #5 for Law Enforcement Services in The Charter Township of Oakland 1999-2003 (Reason for suspension for Public Services Committee, item c: Committee meeting held immediately prior to today’s Board meeting) Vote on agenda, as amended: AYES: Amos, Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Melton, Millard, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster. (25) NAYS: None. (0) A sufficient majority having voted therefore, the motion to suspend the rules and amend the agenda carried. Rick David, President of the United Way of Oakland County and Chairperson of the Oakland County Human Services Coordinating Council, addressed the Board regarding the Resolution to Abolish the Human Services Coordinating Council. Moved by Palmer supported by Obrecht the resolutions on the Consent Agenda as amended be adopted (with accompanying reports being accepted). (The vote on this motion appears on page 565.) The resolutions on the Consent Agenda follow (annotated by an asterisk [*]): *FISCAL REPORT (MISC. #01254) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF ORCHARD LAKE VILLAGE – FISCAL YEAR 2000 AND FISCAL YEAR 2001 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above referenced resolution, reports as follows: 1. $20,101.47 is available annually in the Environmental Infrastructure Fund for Fiscal Year 2000 and Fiscal Year 2001, to reimburse the City of Orchard Lake Village for this project; no additional appropriation is required. 2. The Committee recommends adoption of the resolution. Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report. FINANCE COMMITTEE MISCELLANEOUS RESOLUTION #01254 BY: Commissioner Shelley Taub, District #12 IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF ORCHARD LAKE VILLAGE – FISCAL YEAR 2000 AND FISCAL YEAR 2001 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners established an Environmental Infrastructure Funds and Disbursement Policy per Miscellaneous Resolution #99093 in an effort to increase the share of dollars flowing into infrastructure projects for the County and its cities, villages and townships (CVTs); and WHEREAS pursuant to the Disbursement Policy, Orchard Lake has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible environment remediation of improvement project; and WHEREAS Orchard Lake is requesting reimbursement for drainage improvements along Indian Trail; and Commissioners Minutes Continued. October 11, 2001 553 WHEREAS the Fiscal Year 2000 and Fiscal Year 2001 authorized amount of funding for Orchard Lake is $20,101.47 annually from the Environmental Infrastructure Fund as repayment to Orchard Lake for expenses incurred in connection with environmental remediation or improvement projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the projects submitted by the City of Orchard Lake Village as eligible for reimbursement from the Environmental Infrastructure Fund. BE IT FURTHER RESOLVED that the Board authorizes a Fiscal Year 2000 and Fiscal Year 2001 appropriation in the amount of $20,101.47 annually from the Environmental Infrastructure Fund (Account #90-263250-41000-3985) to repay Orchard Lake for expenses incurred in connection with environmental remediation or improvement projects, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. SHELLEY GOODMAN TAUB Copy of letter to Mr. Tom Ott of Oakland County Fiscal Services Division from the City of Orchard Lake Village Clerk, Janet Overholt Green, and the August 20, 2001, Regular Council Meeting Minutes on file in County Clerk’s office. (The vote for this motion appears on page 565.) *MISCELLANEOUS RESOLUTION #01255 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: CIRCUIT COURT/FRIEND OF THE COURT – FISCAL YEAR 2002 COOPERATIVE REIMBURSEMENT PROGRAM (CRP) CONTRACT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Family Independence Agency, Office of Child Support has approved the Oakland County Friend of the Court’s Fiscal Year 2002 Title IV-D Cooperative Reimbursement Program (CRP) Contract, effective October 1, 2001, through September 30, 2002; and WHEREAS the Fiscal Year 2002 Title IV-D program totals $10,467,311 of which $22,689 will be funded by fees collected, with the balance, $10,444,622, funded by the State, ($6,893,451, 66%) and the County portion of ($3,551,172, 34%), which includes a contract funded State supplement allocation of $444,789; and WHEREAS the requested County match is included in the Circuit Court budget, no additional General Fund appropriation is required; and WHEREAS acceptance of this contract does not obligate the County to any future commitment; and WHEREAS the contract 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 2002 Cooperative Reimbursement Program Contract through September 30, 2002, for the Friend of the Court in the amount of $7,338,240 (Title IV-D program ($6,893,451 and State supplement $444,789). BE IT FURTHER RESOLVED that future levels of service, including personnel, are contingent upon the level of funding from the State for this program. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the reimbursement agreement and to approve amendments and extensions up to fifteen (15%) percent variance from the award, consistent with the agreement as approved. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Contract/Program Review Request, Interoffice Memo from Karen Agacinski, Assistant Corporation Counsel, Attachment A, and Title IV-D Cooperative Reimbursement Contract on file in County Clerk’s Office. (The vote for this motion appears on page 565.) Commissioners Minutes Continued. October 11, 2001 554 *MISCELLANEOUS RESOLUTION #01256 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: PROSECUTING ATTORNEY – FISCAL YEAR 2002 COOPERATIVE REIMBURSEMENT PROGRAM (CRP) CONTRACT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Family Independence Agency of the State of Michigan has awarded the Office of the Prosecuting Attorney funding in the amount of $1,861,747 for the period October 1, 2001, through September 30, 2002, for the Cooperative Reimbursement Program (CRP); and WHEREAS this is the 29th year of grant acceptance for this program; and WHEREAS the contract award of $1,861,747 is an increase of $86,917 (4.67%) of the current award; and WHEREAS the Federal contribution is $1,228,753 (66%), the County contribution is $524,145 (28.15%), and the State supplement is $108,849 (5.85%); and WHEREAS the required County match of $524,145 is available in the Fiscal Year 2002 Executive Recommended Budget under the Prosecuting Attorney's Grant Match line item; and WHEREAS acceptance of this contract does not obligate the County to any future commitment; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process and the Board of Commissioners Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the contract renewal for the Prosecuting Attorney's Cooperative Reimbursement Program in the total amount of $1,861,747 for the period of October 1, 2001, through September 30, 2002. BE IT FURTHER RESOLVED that future level of service, including personnel will be contingent upon the level of funding available from the State for this program. BE IT FURTHER RESOLVED that amendments be made to the Prosecuting Attorney’s grant budget to reflect the changes in the award as detailed in Attachment A. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the contract agreement and to approve amendments and extensions up to fifteen (15%) percent variance from the award, consistent with the original agreement as approved. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Contract/Program Review Request, Oakland County Grant Application Summary Report, and Attachment A on file in County Clerk’s office. (The vote for this motion appears on page 565.) *MISCELLANEOUS RESOLUTION #01257 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: PROSECUTING ATTORNEY – FISCAL YEAR 2002 VICTIMS OF CRIME ACTS (VOCA) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan, Department of Community Health has awarded the Oakland County Office of the Prosecuting Attorney Victims of Crime Act grant funding in the amount of $130,451 for the period of October 1, 2001, through September 30, 2002; and WHEREAS this is the third (3rd) year of grant acceptance for this program; and WHEREAS the Fiscal Year 2002 award of $130,451 is $16,043 (12.30%) higher than the Fiscal Year 2001 award of $114,408; and WHEREAS the purpose of this grant is to expand and enhance local services available to crime victims regarding their safety, rights, dignity, and healthy recovery; and Commissioners Minutes Continued. October 11, 2001 555 WHEREAS this grant includes continued funding of salaries and fringe benefits for two (2) FTE Victim Advocate positions and also includes funding for travel costs, mileage, office supplies, and equipment; and WHEREAS the grant award has been processed through the County Executive Contract Review Process and the Board of Commissioners Grant Application Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts grant funding from the State of Michigan, Department of Community Health in the amount of $130,451, with the Prosecuting Attorney’s In Kind Match of two voluntary part-time Victim Advocate Intern positions, and $13,994 in grant match for the period of October 1, 2001, through September 30, 2002. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant award and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original agreement as approved. BE IT FURTHER RESOLVED that continuation of this program, including positions is contingent upon continued grant funding. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Attachment A, Contract/Program Review Request, and Michigan Department of Community Health Program Budget Summary on file in County Clerk’s office. (The vote for this motion appears on page 565.) *MISCELLANEOUS RESOLUTION #01258 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: PROSECUTING ATTORNEY – FISCAL YEAR 2002 VICTIM RIGHTS FUNDING FOR VICTIM SERVICES ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan, Department of Community Health has awarded the Oakland County Office of the Prosecuting Attorney Victims Services grant funding in the amount of $180,100 for the period of October 1, 2001, through September 30, 2002; and WHEREAS this is the tenth (10) year of grant acceptance for this program; and WHEREAS the Fiscal Year 2002 award of $180,100 is the same amount as the Fiscal Year 2001 award of $180,100. No grant match is required; and WHEREAS the purpose of this grant is to expand and enhance local services available to crime victims regarding their safety, rights, dignity, and healthy recovery; and WHEREAS this grant includes continued funding of salaries and fringe benefits for two (2) Victim Advocate positions, one (1) Victim Services Director position, one (1) Victim Rights Leader position, and one (1) Typist position; and WHEREAS the grant award has been processed through the County Executive Contract Review Process and the Board of Commissioners Grant Application Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts grant funding from the State of Michigan, Department of Community Health in the amount of $180,100 for the period of October 1, 2001, through September 30, 2002. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant award and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original agreement as approved. BE IT FURTHER RESOLVED continuation of this program, including the positions, is contingent upon continued grant funding. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Commissioners Minutes Continued. October 11, 2001 556 Copy of Contract/Program Review Request, Crime Victim Services Commission Letter, and Michigan Department of Community Health Program Budget Summary on file in County Clerk’s office. (The vote for this motion appears on page 565.) *MISCELLANEOUS RESOLUTION #01259 BY: General Government Committee, William R. Patterson, Chairperson IN RE: ABOLISHMENT OF OAKLAND COUNTY HUMAN SERVICES COORDINATING COUNCIL To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS acting pursuant to published recommendations of the State of Michigan Human Services Department Directors, on March 7, 1996, the Oakland County Board of Commissioners adopted Miscellaneous Resolution #96053 establishing the Oakland County Human Services Coordinating Council (OCHSCC); and WHEREAS in order to insure that taxpayer funds provided the OCHSCC were subject to the same safeguards and protections as general taxpayer dollars under governmental control, the Board of Commissioners mandated that the County of Oakland act as fiduciary for any and all funds made available for the use of the OCHSCC, and mandated that all OCHSCC funds be handled in a manner consistent with Oakland County rules, regulations and procedures, which, at all times, were to be in compliance with the Uniform Budget and Accounting Act, 1968 PA 2, MCL 141.421 as amended; and WHEREAS Oakland County’s designation as fiduciary for the County Board of Commissioners-created OCHSCC was an essential condition precedent to the Board’s establishment of the OCHSCC; and WHEREAS the State of Michigan has terminated the County’s role as fiduciary for the OCHSCC by refusing to contract with the County for the performance of fiduciary services; and WHEREAS the State’s termination of County oversight and fiduciary control over funds coming into the possession of a coordinating council created by Oakland County Board of Commissioners’ action breaches the condition precedent to the establishment of the OCHSCC and requires that the OCHSCC organization established by the Board of Commissioners be abolished. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby abolishes the Oakland County Human Services Coordinating Council established by Miscellaneous Resolution #96053. Chairperson, on behalf of the General Government Committee, I move adoption of the forgoing resolution. GENERAL GOVERNMENT COMMITTEE (The vote for this motion appears on page 565.) *REPORT (MISC. #01235) BY: General Government Committee, William Patterson, Chairperson IN RE: BOARD OF COMMISSIONERS – ADVOCATION OF CRITICAL BRIDGE FUNDING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above-titled resolution on October 1, 2001, recommends that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #01235 BY: Commissioner Lawrence A. Obrecht, District #3, and Commissioner Chuck Moss, District #15 IN RE: BOARD OF COMMISSIONERS - ADVOCATION OF CRITICAL BRIDGE FUNDING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS local bridges are critical to the county transportation system by directly impacting the public safety, and the expansion and promotion of Commissioners Minutes Continued. October 11, 2001 557 Oakland County's economic development, agriculture, tourism and accessibility; and WHEREAS there are 5,573 bridges on the county road system statewide and more than 1,394 of these bridges are either closed or posted for reduced weight loads or with restricted traffic lanes for travel. In comparison, the Michigan Department of Transportation has only 13 bridges on state highways closed or posted for reduced weight loads or with restricted traffic lanes for travel; and WHEREAS the backlog of local bridges eligible for funding through the Critical Bridge Program is increasing; and WHEREAS the Michigan Department of Transportation has historically provided only 15 percent of the federal bridge funds to the Critical Bridge Program even though federal bridge funds are calculated based on a needs formula and 25 percent of the federal bridge funds that come to Michigan are based on local bridge needs; and WHEREAS the Michigan Legislature has unanimously adopted by amendment $24 million in obligated federal bridge funds earmarked to the Critical Bridge Program in the 2001/2002 transportation budget; and WHEREAS the Governor has vetoed the language earmarking the $24 million in obligated federal bridge funds to the Critical Bridge Program. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners recognizes the far-reaching impact of viable local bridges in the state and urges our state legislators to continue their support by restoring the boilerplate language that earmarks the $24 million in obligated federal bridge funds to the Critical Bridge Program when the issue comes before them this fall. BE IT FURTHER RESOLVED that a copy of this resolution be sent to our State Legislators, and to our U.S. Congressional delegation, and U.S. Senators. Chairperson, we move the adoption of the foregoing Resolution. LAWRENCE A. OBRECHT, CHUCK MOSS, FRANK MILLARD, JR., RUEL MCPHERSON, ERIC COLEMAN, MICHELLE FRIEDMAN APPEL, VINCENT GREGORY, PETER WEBSTER, HUGH CRAWFORD, SHELLEY TAUB, JOHN GARFIELD, THOMAS LAW, DAVID MOFFITT, BILL BRIAN, CHUCK PALMER, WILLIAM PATTERSON, NANCY DINGELDEY, DAVID BUCKLEY, SUE ANN DOUGLAS, FRAN AMOS, BRENDA CAUSEY-MITCHELL (The vote for this motion appears on page 565.) *REPORT (MISC. #01236) BY: General Government Committee, William Patterson, Chairperson IN RE: BOARD OF COMMISSIONERS – TRANSPORTATION ECONOMIC DEVELOPMENT FUND To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above-titled resolution on October 1, 2001, recommends that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #01236 BY: Commissioner Lawrence A. Obrecht, District #3, and Commissioner Chuck Moss, District #15 IN RE: BOARD OF COMMISSIONERS – TRANSPORTATION ECONOMIC DEVELOPMENT FUND To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Transportation Economic Development Fund was created in 1987 to support state and local transportation projects to enhance economic development and alleviate traffic congestion. The legislature Commissioners Minutes Continued. October 11, 2001 558 recognized these needs by establishing a state-wide grant program known as Category A, an urban congestion program to address the needs of the five largest counties of Wayne, Oakland, Macomb, Kent, and Genesee known as Category C, and a rural economic development program for the remaining 78 counties to identify and build an all-season road network that would benefit small businesses, agriculture, and tourism in this state known as Category D; and WHEREAS in a letter, dated May 1, 2000, to the legislature by the Director of the Michigan Department of Management and Budget, Building Michigan III projects funded by Category A grants were to be paid for with the sale of state bonds and the debt service for those bonds paid entirely with Category A funds; and WHEREAS the legislature passed legislation implementing Building Michigan III with the understanding that local transportation economic development funds in Categories C and D would not be used; and WHEREAS the Governor's proposed 2001/2002 transportation budget attempted to take Category C and D funds to help pay the debt service for bonds sold to complete Category A economic development road projects. The legislature overwhelmingly rejected that proposal by restoring the funding to Categories C and D and returning the debt service for Build Michigan III to Category A. The legislature followed the budget with the introduction of House Bill 4825 to amend the Transportation Economic Development Act of 1987 and protect county road commission funding in Categories C and D from future efforts to divert these funds for state debt service; and WHEREAS the Governor's transportation budget veto message to the legislature states that he intends to ignore the budget actions taken by the House and Senate and is directing the Michigan Department of Transportation to take county road funding from Categories C and D to pay one half of the Build Michigan III debt service; and WHEREAS this action will cause the Road Commission for Oakland County to lose $700,040 annually in economic development funds for transportation and cause local road projects that are important to economic development and public safety to be delayed or halted. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners urges our state legislators to continue their support of protecting local transportation funds from these types of raids by opposing any efforts to transfer Transportation Economic Development Funds in Categories C and D to the State's Category A program for state debt service and pass House Bill 4825 upon their return to session this fall. Chairperson, we move the adoption of the foregoing resolution. LAWRENCE OBRECHT, CHUCK MOSS, BRENDA CAUSEY-MITCHELL, RUEL MCPHERSON, HUGH CRAWFORD, SHELLEY TAUB, JOHN GARFIELD, THOMAS LAW, BILL BRIAN, CHUCK PALMER, PETER WEBSTER, DAVID MOFFITT, WILLIAM PATTERSON, NANCY DINGELDEY, FRANK MILLARD, JR., SUE ANN DOUGLAS, DAVID BUCKLEY, FRAN AMOS, MICHELLE FRIEDMAN APPEL, ERIC COLEMAN, VINCENT GREGORY (The vote for this motion appears on page 565.) *FISCAL REPORT (MISC. #01251) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMEMNT OF INFORMATION TECHNOLOGY/DIGITAL INFORMATION SERVICE CENTER - REVISION OF @CCESS OAKLAND MASTER FEE STRUCTURE 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 named Miscellaneous Resolution and finds: 1. The Department of Information Technology, in partnership with the Clerk/Register of Deeds office would like to attract additional customers by reducing the annual subscription fee for the Recorded Document Profile product group. Commissioners Minutes Continued. October 11, 2001 559 2. It is requested that the annual subscription fee be changed from $500.00 to $200.00. 3. It is further requested that the Department of Information Technology and the Clerk's office expand the Master Fee Structure to include the three (3) new product offerings entitled the CVT Property Sales Report, the Recorded Document Type Report and the Land Corner Recordation Certificate. 4. Fees for the CVT Property Sales Report and Recorded Document Type Report will be set at $.17 per transaction line item, with a $2.00 minimum charge per transaction. 5. The Land Corner Recordation Certificate subscription will be set at an additional annual fee of $200.00 for the new product, $.50 per transaction, $.25 per document view; Credit card transaction for this certificate will be set at $6.00 per transaction, bundled with up to four (4) document views. 6. The number of potentially new customers is currently unpredictable. Thus, an assessment cannot be made on how this change will impact the Fiscal Year 2002 budget. Therefore, no amendment is recommended at this time. 7. A budget amendment will be recommended when sufficient data becomes available. FINANCE COMMITTEE MISCELLANEOUS RESOLUTION #01251 BY: General Government Committee, William R. Patterson, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY/DIGITAL INFORMATION SERVICE CENTER – REVISION OF THE @CCESS OAKLAND MASTER FEE STRUCTURE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS as provided by Public Act 462 of 1996, Enhanced Access to Public Records Act, the Board of Commissioners, by approving Miscellaneous Resolution #97165 dated August 14, 1997, adopted the Oakland County Enhanced Access to Public Records Policy; and WHEREAS Section 3 (FEES) of the aforementioned policy specifies that “It is the policy of Oakland County to charge a reasonable fee for providing enhanced access to a public record”; and WHEREAS the policy defines “reasonable fee” as a charge calculated to enable recovery, over time, only those operating expenses directly related to the public body’s provision of enhanced access; and WHEREAS the policy further specifies that proposed fees shall be presented to and approved by the Board of Commissioners before they shall be effective; and WHEREAS the Board of Commissioners, by Miscellaneous Resolution #00026 dated February 24, 2000, approved a Master Fee Structure for all Oakland County enhanced access products and services; and WHEREAS the Department of Information Technology in partnership with the Clerk/Register of Deeds office wishes to attract additional customers by reducing the annual subscription fee for the Recorded Document Profile product group; and WHEREAS it is recommended that the annual subscription fee for the aforementioned product group be changed from $500.00 to $200.00; and WHEREAS the Department of Information Technology in partnership with the Clerk/Register of Deeds office wishes to expand the Master Fee Structure to include the three (3) new product offerings entitled the CVT Property Sales Report, the Recorded Document Type Report, and the Land Corner Recordation Certificate; and WHEREAS the aforementioned product additions and recommended prices are as follows: CVT Property Sales Report: $.17 per transaction line item, with a $2.00 minimum charge per transaction, and Recorded Document Type Report: $.17 per transaction line item, with a $2.00 minimum charge per transaction, and Land Corner Recordation Certificate: Subscription - An additional, annual $200.00 subscription fee for this new product, $.50 per transaction, $.25 per document view Commissioners Minutes Continued. October 11, 2001 560 Credit Card Transaction - $6.00 per transaction, bundled with up to four (4) document views; and WHEREAS the County Executive recommends approval of this resolution. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the revised @CCESS Oakland Master Fee Structure (copy attached) which includes the aforementioned new product offerings. BE IT FURTHER RESOLVED that @CCESS Oakland revenue sharing to local units of government throughout Oakland County be extended to the new product offerings. Chairperson, on behalf of the General Government Committee, I move adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of @ccess Oakland Master Fee Structure on file in County Clerk’s office. (The vote for this motion appears on page 565.) *REPORT (MISC. #01231) BY: General Government Committee, William Patterson, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – REVISION OF APPENDIX “C” PROCEDURES FOR THE SALE, PURCHASE AND LEASING OF PROPERTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above-titled resolution on October 1, 2001, recommends that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #01231 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – REVISION OF APPENDIX “C” PROCEDURES FOR THE SALE, PURCHASE AND LEASING OF PROPERTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution #91090, #93048, and #95213, the Oakland County Board of Commissioners established procedures for the sale, purchase, and leasing of property; and WHEREAS the present real estate transaction procedures for the Oakland County Board of Commissioners require amending and/or updating to meet current accepted real estate transaction practices; and WHEREAS current generally accepted real estate transaction practices dictate real estate appraiser licensing and proper environmental testing prior to the consummation of the sale or purchase of property; and WHEREAS the Departments of Facility Management and Corporation Counsel recommend that the Board of Commissioner’s Procedures for the Sale, Purchase or Lease of Property (Appendix “C”) be revised and adopted as follows: Appendix C PROCEDURE FOR SALE AND PURCHASE OF PROPERTY (Adopted Per Miscellaneous Resolution #91090, as amended per Miscellaneous Resolution #93048 and Miscellaneous Resolution #95213) (SUPERSEDES ANY PREVIOUSLY ADOPTED RESOLUTIONS) SALE OF PROPERTY 1. If there are no statutory restrictions on the sale, it may be conducted as follows: (a) The County Executive, with the concurrence of the Planning and Building Committee, shall perform or obtain an appraisal, and shall employ properly licensed and qualified real estate appraisers, and pay the standard fee thereof, or as an alternative, the properly licensed and qualified County appraisal Commissioners Minutes Continued. October 11, 2001 561 staff may be utilized by the County Executive if authorized by the Board of Commissioners Planning and Building Committee. No land shall be sold at less than the lowest appraised value unless such appraised value is waived by the Board of Commissioners. (b) No formal negotiations for the sale of any interest in real property, shall be undertaken until such time as the Planning and Building Committee has authorized negotiations. (c) All recommendations regarding sales of land shall be made in one of the following ways at the discretion of the Planning and Building Committee: (1) Sale to Local Public Agencies: Prior to offering the property for sale to the general public or via private sale the County Executive, with the concurrence of the Planning and Building Committee, may first offer the property for sale to the local public agency in which the property is located. The sale price shall not be less than the lowest appraised value in accordance with Paragraph 1.(a) above. The Local Agencies shall be provided written notification of available property and be given thirty (30) days to respond. (2) Private Sale: The County Executive, with the concurrence of the Planning and Building Committee, may sell at private sale for not less than the lowest current appraised value placed upon the property in accordance with Paragraph 1. (a) above. (3) Public Sale: The County Executive, with the concurrence of the Planning and Building Committee, may advertise once each week for two successive weeks (unless otherwise prescribed by statute) to either hold a public auction or accept sealed offers for the sale of the property up to, but not later than, the time fixed for opening of same in accordance with the Oakland County Purchasing Division Procedures. The Planning and Building Committee shall fix a minimum acceptable value at which said property can be sold. The minimum value shall not, unless otherwise authorized by the Board of Commissioners, be less than the lowest appraised value under Paragraph 1.(a) above. (4) In the case of limited use parcels (non-conforming parcels) acquired for water, sewer and County Drains, the County Executive, with the concurrence of the Planning and Building Committee, shall notify the local units of government, public agencies and adjacent property owners that the County is proposing to sell said parcel. If the local units of government, public agencies and adjacent property owners are interested the County Executive shall advise them of all information that the County has in regard to said properties’ easements being retained, soil conditions, etc. and shall advise the local units of government, public agencies and adjacent property owners of the deadline to make purchase offers. If no offers to purchase are received from the local units of government, public agencies or adjacent property owners, the County Executive will then advertise for public sale of such limited use property in accordance with Paragraph 1.(c)(3) above. The Planning and Building Committee shall make their recommendations for the disposal of the property to the Board of Commissioners. (5)Whenever the requirements of Paragraphs 1.(c)(1), 1.(c)(2), 1.(c)(3), or 1.(c)(4) above have been fulfilled and no sale made thirty (30) days thereafter, the Planning and Building Committee may authorize the County Executive to notify the licensed brokers in the area that the lands are for sale at not less than the lowest appraisal or highest offer received. The County Executive shall be authorized to pay from the proceeds of the sale the customary broker’s fee. Commissioners Minutes Continued. October 11, 2001 562 (d)The Planning and Building Committee shall determine the amount and type of advertising to be done, the time and place of sale, provide for such terms as it deems reasonable, the manner in which it is to be conducted and make reasonable rules and regulations pertaining to the same not in conflict with the requirements of the Rules for Oakland County Board of Commissioners. (e) In all cases, the Planning and Building Committee may withdraw any land authorized for sale up to the time the County Executive shall have received a commitment thereon. At any public sale, the Planning and Building Committee reserves the right to reject any or all offers received. LEASE AND PURCHASE OF PROPERTY 2. All leasing and purchasing of property shall be under the jurisdiction of the Planning and Building Committee and shall be as follows: (a) No formal negotiations, for the acquisition of any interest in real property, including lease and options to purchase, shall be undertaken until such time as the Planning and Building Committee has authorized such negotiations. (b) For property acquisition under $500,000 in value, the Planning and Building Committee may rely upon the properly licensed and qualified county appraisal staff of the County Equalization Division or the Property Management Unit of the Department of Facilities Management or as an alternative a properly licensed and qualified real estate appraiser. (c) For property acquisition over $500,000 in value the County Executive, with the concurrence of the Planning and Building Committee, shall employ two properly licensed and qualified real estate appraisers or as an alternative the properly licensed and qualified County appraisal staff, who shall appraise the property under consideration and submit a written report concerning the appraisal to the Planning and Building Committee. (d) No written offer to acquire property may be made prior to the receipt of the necessary appraisals, and no offers to acquire property shall be made in an amount more than the highest appraised value, except by the Board of Commissioners’ approval. A written Offer to Purchase property contingent upon Paragraphs 2.(b) – 2.(e) may be made with approval of the Planning and Building Committee. (e) Purchases for Public Utility Easements shall follow procedures in Paragraphs 2.(b) and 2.(c). (f) Any offer to purchase real property shall contain an environmental due diligence period and associated contingency that would allow the County to terminate the purchase agreement without penalty in the event that adverse environmental conditions were encountered during the due diligence period. During the due diligence period, at a minimum, a written Phase One Environmental Site Assessment shall be prepared consistent with applicable American Society of Testing and Materials standards by a qualified professional. If the Phase One Environmental Site Assessment identified adverse environmental conditions, a Phase Two Environmental Site Assessment shall be prepared and submitted. Real property rights for sewer, water, drainage, and utility easements, and/or rights of way may be obtained without a Phase One or Phase Two Environmental Site Assessment if waived by the Planning and Building Committee (and the Office of Corporation Counsel.) NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby revises its Procedures for the Sale, Purchase and Lease of Property (Appendix “C”) as described above. BE IT FURTHER RESOLVED that the said procedures as described above shall supersede all previous procedures relative to the sale, purchase, or lease of property. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. Commissioners Minutes Continued. October 11, 2001 563 PLANNING AND BUILDING COMMITTEE Vote on resolutions on the Consent Agenda: AYES: Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Garfield, Gregory, McPherson, Melton, Millard, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos. (23) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda, as amended, were adopted (with accompanying reports being accepted). MISCELLANEOUS RESOLUTION #01260 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET/EQUALIZATION DIVISION - APPROVAL OF AMENDMENT 1 TO CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH THE CITY OF BIRMINGHAM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County and the City of Birmingham acknowledge the existence of an Agreement for Equalization Division Assistance Services executed on July 24, 2000, which expires on June 30, 2002, and said parties wish to modify the original agreement keeping intact the original terms and conditions, and amend it as follows: The County agrees to convert the commercial and industrial files of the City of Birmingham to the master appraisal system of Oakland County and to electronically enter the records into the master appraisal system. This does not include establishing the following: land values, Economic Condition Factors (ECF), or the final value of the property. The County will not conduct field inspections for accuracy of existing data. The cost of said services is $17.06 per parcel (currently 524 parcels). Payment shall be due and payable on or before December 31, 2002; and WHEREAS approval of the amendment is required from the Board of Commissioners. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves entering into Amendment 1 to the Contract for Oakland County Equalization Division Assistance services with the City of Birmingham. BE IT FURTHER RESOLVED that the Board of Commissioners’ Chairperson is authorized to sign the said Amendment 1, copies of which are attached. BE IT FURTHER RESOLVED that the Fiscal Year 2002 Budget be amended as follows: GENERAL FUND REVENUE 12-140000-44100-903 Reimb Equalization Services $8,939 GENERAL FUND EXPENDITURES 90-290000-25000-2564 Contingency $8,939 $ -0- Chairperson, on behalf of the Finance Committee, I move for the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Amendment 1 to Contract for Oakland County Equalization Division Assistance Services with the City of Birmingham, Michigan on file in County Clerk’s office. Moved by Dingeldey supported by Douglas the resolution be adopted. AYES: Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Garfield, Gregory, Law, McPherson, Melton, Millard, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel. (24) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. Commissioners Minutes Continued. October 11, 2001 564 MISCELLANEOUS RESOLUTION #01261 BY: General Government Committee, William Patterson, Chairperson IN RE: BOARD OF COMMISSIONERS/LIBRARY BOARD – REQUEST TO PURCHASE NEW MAIL CARD PRINTER To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Library for the Visually and Physically Impaired provides library services to individuals who are unable to use standard print materials; and WHEREAS this service is provided to patrons via the United States mail, with mailing cards generated and printed on a daily basis; and WHEREAS if the mail card printer fails to operate properly, this service cannot be provided and patrons will not receive the materials they have requested; and WHEREAS rather than replace the current mail card printer, Library and Information Technology staff agree that it would be appropriate to add a second mail card printer; and WHEREAS based on bids submitted to Information Technology, the cost of purchasing a new mail card printer will not exceed $5,500; and WHEREAS the purchase of this equipment will be done through Information Technology, with reimbursement from the County Library Board; and WHEREAS funds exist in the County Library Reserve Fund to cover the purchase of this equipment; and WHEREAS annual maintenance and support costs will be incorporated into the Library's budget beginning in Fiscal Year 2002. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the purchase of a new mail card printer for the Library for the Visually and Physically Impaired, to be funded by the Library Board. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #01262 BY: General Government Committee, William Patterson, Chairperson IN RE: BOARD OF COMMISSIONERS/LIBRARY BOARD – REQUEST TO PURCHASE NEW SERVER FOR THE LIBRARY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Library serves as an information resource for the County's residents, businesses and students; and WHEREAS providing access to information includes access to online services; and WHEREAS maintaining this information not only involves direct online access but also space for staff to store and manipulate the data; and WHEREAS providing access to electronic information and storing the data requires a reliable server with the appropriate capacity; and WHEREAS the Information Technology staff has reviewed the current server and the Library's needs and concurs with this request for a new server; and WHEREAS based on bids submitted to Information Technology, the estimated cost of purchasing a new server should not exceed $15,500; and the estimated installation costs are $18,500; and WHEREAS the purchase and installation will be done through Information Technology with reimbursement from the County Library Board; and WHEREAS funds exist in the County Library Reserve Fund to cover the purchase and installation of the server at a cost not to exceed $34,000; and WHEREAS annual maintenance and support costs will be incorporated into the Library's budget beginning in Fiscal Year 2002. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the acquisition and installation of a new server for the Library, to be funded by the Library Board. Commissioners Minutes Continued. October 11, 2001 565 Chairperson, on behalf of the General Government Committee, I move adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. REPORT BY: General Government Committee, William R. Patterson, Chairperson IN RE: APPOINTMENT TO THE OAKLAND COUNTY CANVASSING BOARD To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee hereby recommends appointment of Elaine Skarritt and Gerald Letcher to the Canvassing Board, for four-year terms ending October 31, 2005. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Moved by Patterson supported by Brian the General Government Report be accepted. A sufficient majority having voted therefore, the report was accepted. Moved by Patterson supported by Brian the appointment of Elaine Skarritt and Gerald Letcher to the Canvassing Board for four year terms ending October 31, 2005 be confirmed. AYES: Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Garfield, Gregory, Law, McPherson, Melton, Millard, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel, Brian. (24) NAYS: None. (0) A sufficient majority having voted therefore, the appointments were confirmed. MISCELLANEOUS RESOLUTION #01252 BY: Personnel Committee, Thomas A. Law, Chairperson IN RE: PERSONNEL/HUMAN RESOURCES - SALARY ADMINISTRATION FOURTH QUARTERLY REPORT FOR FISCAL YEAR 2001 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Salary Administration Study Group Reports approved by the Board of Commissioners for Grades 1 - 21 provide for a process for departments and employees to request a review of the salary grade placement of classifications; and WHEREAS the Fourth Quarterly Report for Fiscal Year 2001 identifies the reviews completed and the salary grade changes recommended by the Personnel Department after completion of this review process; and WHEREAS funds have been established in the Classification and Rate Change fund to implement salary grade changes resulting from Salary Administration Quarterly Report recommendations; and WHEREAS additional funding is available in Airport funds for the recommended classification change in Central Services/Aviation division. NOW THEREFORE BE IT RESOLVED that the Oakland Board of Commissioners authorizes implementation of the Salary Administration Fourth Quarterly Report for Fiscal Year 2001, which includes the following personnel actions: SALARY GRADE CLASSIFICATION FROM: TO: LOCATION-POSITION Supv-Airport Admin Services (Retitle to Airport Administration Supervisor, OT Non-exempt) 11 13 13701-00647 Technical Assistant Commissioners Minutes Continued. October 11, 2001 566 (Reclassify one position to new class Community Corrections Support Specialist, OT Non-exempt) 8 9 17403-07834 Clinical Psychologist II (Reclassify to new class Court Clinical Psychologist, OT Exempt. Remove from Salary Admin Plan. New salary range equivalent to Salary Grade 13) 12 Off SAP 35402-03017 35402-05603 35402-07001 35402-07126(PTNE) 35402-07245 35402-07246 35402-07365 35402-07513 Paralegal (Reclassify to new class Paralegal-Criminal Prosecution, OT Non-exempt) 7 8 41201-06015 41201-07251 Paralegal Supervisor (Reclassify to new class Paralegal-Criminal Prosecution, OT Non-exempt) 8 8 41201-06019 Industrial/Organization Psychologist 15 16 15402-00109 BE IT FURTHER RESOLVED that the following salary grade changes be approved: SALARY GRADE CLASSIFICATION FROM: TO: LOCATION-POSITION Equalization Appraiser Trainee 8 7 12501 BE IT FURTHER RESOLVED that the following unused classifications be deleted from the Salary Schedule: Paralegal Supervisor Chief-Adult Health & Chronic Disease Probate Register Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE FISCAL NOTE (MISC. #01252) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: PERSONNEL/HUMAN RESOURCES - SALARY ADMINISTRATION FOURTH QUARTERLY REPORT FOR FISCAL YEAR 2001 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 Personnel Department, with approval from the Board of Commissioners, provides a process for departments and employees requesting a review of the salary grade placement classifications for Grades 1 – 21. Commissioners Minutes Continued. October 11, 2001 567 2. The annual cost of the recommended salary grade placement changes for General Fund/General Purpose positions is $34,401 for Fiscal Year 2003 and $31,755 for the remainder of Fiscal Year 2002, effective October 20, 2001. 3. The annual cost of the recommended salary grade placement changes for the Special Revenue/Proprietary Revenue positions is $4,381 for Fiscal Year 2003 and $4,044 for the remainder of Fiscal Year 2002, effective October 20, 2001. 4. Funds have been established in the Classification and Rate Change fund to implement salary grade changes resulting from the Salary Administration Quarterly Report recommendations. 5. Additional funding is available in Airport funds for the recommended classification change in the Central Services/Aviation Division. 6. The Fiscal Year 2002 and Fiscal Year 2003 Budgets be amended as follows: DEPT-OCA-PCA-OBJECT DESCRIPTION FY 2002 FY 2003 NON-DEPARTMENTAL 90-290000-25000-9021 Classification & Rate Change ($31,755) (34,401) PUBLIC SERVICES/COMM CORR. 17-302203-07834-2001 Salaries 1,231 1,333 17-302203-07834-2075 Fringe Benefits 322 349 CIRCUIT COURT/FAMILY DIVISION 35-242293-61000-2001 Salaries 16,542 17,920 35-242293-61000-2075 Fringe Benefits 4,334 4,696 CIRCUIT COURT/FAMILY DIVISION 35-242293-63000-2001 Salaries 1,043 1,130 35-242293-63000-2075 Fringe Benefits 273 296 PROSECUTING ATTORNEY 41-221000-41700-2001 Salaries 3,110 3,370 41-221000-41700-2075 Fringe Benefits 816 882 PERSONNEL/HUMAN RESOURCES 15-402200-10001-2001 Salaries 3,236 3,506 15-402200-10001-2075 Fringe Benefits 848 919 FINANCE COMMITTEE Moved by Law supported by Palmer the resolution be adopted. AYES: Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Melton, Millard, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Brian, Buckley. (24) NAYS: None. (0) A sufficient majority having voted therefore, the resolution be adopted. MISCELLANEOUS RESOLUTION #01263 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DRAIN COMMISSIONER – 120 DAY EXTENSION OF INTERLOCAL AGREEMENT FOR OPERATIONS AND MAINTENANCE – LYON TOWNSHIP SEWAGE DISPOSAL SYSTEM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentleman: WHEREAS pursuant to Miscellaneous Resolution #01164 the Oakland County Drain Commissioner was authorized to assist the Charter Township of Lyon (Township) regarding the operations of its sewage disposal system for a period of 120-days; and WHEREAS this 120-day agreement will expire on October 22, 2001; and WHEREAS for the last 120 days, the Township has been negotiating an agreement regarding the ownership and operations of the a wastewater treatment facility with the present owner of the facility; and WHEREAS this agreement is not finalized; and WEHREAS the Drain Commissioner has proposed and presented for the Township’s consideration that the Township petition under Chapter 20 of the Drain Code of 1956, MCL 280.461 et seq. to create a separate public corporation that could not only operate and maintain the sewage disposal Commissioners Minutes Continued. October 11, 2001 568 system, but to comprehensively address drainage and other water quality issues with in the Township; and WHEREAS the Township, by resolution dated September 20, 2001, has directed its Supervisor to meet with the Township’s bond Counsel to develop, for the Board’s consideration a petition for the creation of a Chapter 20 Drain District for the purpose of acquiring, operating and maintaining the sewage disposal system, and to comprehensively address the drain and water quality issues within the Township; and WHEREAS the Township requests that the County of Oakland extend the current operating agreement for the sewage disposal system for an additional 120 days in order to allow the Township to receive recommendations of counsel regarding the option of creating a Chapter 20 Drainage District to operate and maintain the sewage disposal system. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners hereby agrees to extend the current operating agreement between the County and the Charter Township of Lyon for a period of 120-days in order to allow the Township to receive and act upon recommendations of counsel regarding the option of creating a Chapter 20 Drainage District to operate and maintain the sewage disposal system. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Charter Township of Lyon Resolution 2001-17 on file in County Clerk’s office. FISCAL NOTE (MISC. #01263) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DRAIN COMMISSIONER – TO AUTHORIZE THE DRAIN COMMISSIONER TO ENTER INTO A 120 DAY EXTENSION OF THE INTERIM INTERLOCAL AGREEMENT TO ASSIST CHARTER TOWNHIP OF LYON IN ITS OPERATION AND MAINTENANCE OF THEIR SEWAGE DISPOSAL SYSTEM 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 Drain Commissioner requests authorization to enter a 120-day extension with Charter Township of Lyon. 2. The extension of the contract with Charter Township of Lyon will be effective on October 22, 2001 and end February 18, 2002. 3. Charter Township of Lyon has not finalized its agreement with the private owner of the WasteWater Treatment Plant (WWTP). 4. With the extension, Drain Commissioner staff has proposed Lyon Township to consider to petition under Chapter 20 of the Drain Code to create a separate public corporation. 5. The extension will allow recommendations of counsel regarding the option of creating a Chapter 20 Drainage District. 6. The following budget amendment is recommended to the Fiscal Year 2002 budget to recognize anticipated additional revenue and expense to be incurred during the 120-day extension: Dept OCA PCA Object FY 2002 REVENUES 61 121317 47000 0839 Rebilled charges $80,000 EXPENDITURES 61 227317 47000 2572 Contracted Services $80,000 $ -0- FINANCE COMMITTEE Moved by Palmer supported by Webster the resolution be adopted. AYES: Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Melton, Millard, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Brian, Buckley, Causey- Mitchell. (24) Commissioners Minutes Continued. October 11, 2001 569 NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. MISCELLANEOUS RESOLUTION #01264 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT - RESOLUTION OF INTENT TO CREATE BROWNFIELD REDEVELOPMENT AUTHORITY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Public Act 381 of 1996, as amended, authorizes municipalities to create Brownfield Redevelopment Authorities (BRA) to, among other things, facilitate the implementation of Brownfield plans and promote the revitalization of environmentally distressed areas; and WHEREAS Brownfield Redevelopment’s offer a plethora of opportunities and benefits to municipalities including but not limited to: growth in the tax base, new job creation, neighborhood revitalization, environmental protection, infrastructure and market utilization, and greenways initiatives; and WHEREAS MCL 125.265(4) provides that an authority established by a county shall exercise its powers with respect to eligible property within a city, village, or township within the county only if that City, Village, or Township has concurred with the provisions of a Brownfield plan that apply to eligible property within the city, village, or township; and WHEREAS Public Act 123 of 1999 made significant reforms to the General Property Tax Act, particularly as it concerns delinquent tax and property reversion procedures; and WHEREAS as a result of these reforms, Oakland County may involuntarily come into possession of certain distressed properties; and WHEREAS a BRA will allow the County to coordinate efforts with the delinquent tax reversion process to proactively identify, assess and market tax reverted properties for redevelopment, which will result in a higher probability for productive utilization of these properties; and WHEREAS a BRA will allow the county to assume a leadership role in this area and will also further the county in its efforts to protect natural resources, implement master plan objectives and provide technical, educational and other forms of assistance to the Cities, Villages, and Townships within the County; and WHEREAS pursuant to MCL 125.2654, a governing body may declare by resolution adopted by a majority of its members elected and serving its intention to create and provide for the operation of a Brownfield authority; and WHEREAS the County Executive supports the creation of a BRA for the reasons set forth in this resolution. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby declares its intention to create and provide for a BRA as set forth in MCL 125.2651 et seq. BE IT FURTHER RESOLVED that the Board authorizes the Department of Community and Economic Development to proceed with this effort. BE IT FURTHER RESOLVED that a public hearing on the adoption of a proposed resolution creating the BRA within the County boundaries shall be held on November 8, 2001 at 9:45 a.m. in the Board of Commissioners Auditorium, 1200 North Telegraph Road, Pontiac, Michigan. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. Commissioner Charles Palmer requested a Public Hearing be scheduled for the purpose for allowing public comment on the Department of Community and Economic Development – Resolution of Intent to Create Brownfield Redevelopment Authority. The Chairperson scheduled the hearing for November 29, 2001, at 9:45 a.m. in the Board of Commissioners’ Auditorium. Commissioners Minutes Continued. October 11, 2001 570 MISCELLANEOUS RESOLUTION #01265 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: RESOLUTION AUTHORIZING THE OAKLAND COUNTY BUILDING AUTHORITY TO FINANCE A COUNTY WORK RELEASE FACILITY, JAIL MANAGEMENT SYSTEM, AND VIDEO ARRAIGNMENT SYSTEM LOCATED IN VARIOUS MUNICIPALITIES IN OAKLAND COUNTY, MICHIGAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS there have been prepared and presented to the Board of Commissioners (the "Board") of the County of Oakland, Michigan (the "County"), conceptual documents describing the project to construct, equip and furnish buildings and appurtenances located in the County of Oakland (the "Project"), all as more fully described in EXHIBIT A to the Lease Contract (as hereinafter defined), and a proposed Lease Contract between the County and the Oakland County Building Authority (the "Authority") dated as of November 1, 2001, (the "Lease Contract"), pursuant to which the Authority will construct, furnish, and equip the Project as contemplated by the terms of Act No. 31, Public Acts of Michigan, 1948 (First Extra Session), as amended ("Act 31"), and lease the Project to the County for a term not to exceed 50 years as permitted by Act 31; and WHEREAS it has been estimated that the period of usefulness of the Project to be not less than 35 years and that the total cost of equipping the Project (as defined in the Lease Contract) in an amount not to exceed $23,400,000 of which not to exceed $23,400,000 will be provided by the proceeds from the sale of bonds by the Authority pursuant to Act 31; and WHEREAS the County proposes to undertake the Project and to request the Authority to incur taxable or tax-exempt debt (the "Reimbursement Obligations") to finance all or a portion of the costs of the Project; and WHEREAS the County may make certain expenditures for said Project prior to issuance of the Reimbursement Obligations and may wish to use the proceeds of the Reimbursement Obligations to reimburse all or a portion of said expenditures; and WHEREAS it is in the public interest and for the public benefit that the County designate an authorized officer for the purposes of declaring official intent of the County with respect to expenditures; and WHEREAS there has been prepared and attached hereto as APPENDIX I a form of Lease Contract and as APPENDIX II a form of notice entitled "NOTICE OF INTENTION OF THE COUNTY OF OAKLAND TO ENTER INTO A LEASE CONTRACT WITH THE OAKLAND COUNTY BUILDING AUTHORITY AND NOTICE OF RIGHT TO PETITION FOR REFERENDUM THEREON" (the "Notice of Intention"). NOW, THEREFORE BE IT RESOLVED that by the board of commissioners of the County of Oakland, Michigan, as follows: 1. The conceptual documents and estimates relating to the Project and identified in EXHIBIT A to APPENDIX I hereto are hereby approved and ordered filed with the County Clerk. 2. The Lease Contract in the form of APPENDIX I hereto is hereby approved, and the Chairman of the Board of Commissioners and the County Clerk are hereby authorized and directed to execute and deliver the same for and on behalf of the County. Final plans and project description shall be approved by the Planning and Building Committee of the Board of Commissioners before they are attached to the Lease contract to be executed. 3. It is hereby determined that the Notice of Intention provides information sufficient to adequately inform the electors and taxpayers of the County of the nature of the contractual obligations to be undertaken by the Commissioners Minutes Continued. October 11, 2001 571 County in the Lease Contract and of their right under Act 31 to file a petition requesting a referendum election on the Lease Contract. 4. The form and content of the Notice of Intention are hereby approved, and the County Clerk is hereby authorized and directed to cause the Notice of Intention to be published once in the Oakland Press, Pontiac, Michigan, a newspaper of general circulation within the County which is hereby determined to be the newspaper reaching the largest number of electors and taxpayers of the County. The Notice shall be at least one third of a page in size. 5. The Treasurer of the County is hereby authorized to declare official intent of the County with respect to reimbursement. 6. Each declaration of official intent shall be substantially in the form set forth in APPENDIX III attached hereto and by this reference incorporated herein, and said form may be modified from time to time on the advice of bond counsel to the County and as necessary to conform to requirements of our reimbursement regulations as the same may be adopted by the Internal Revenue Service or amended from time to time, or with the requirements of applicable rulings or regulations relating to tax-exempt borrowings. 7. The Treasurer is hereby directed to file each declaration of official intent in the office of the Oakland County Clerk, which location constitutes the customary location of the records of the Authority which are available to the general public. 8. The Oakland County Clerk is further directed to assure that each declaration of intent is continuously available during normal business hours of the County on every business day of the period beginning the earlier of 10 days after the date of execution of said declaration of intent and ending on the date of issuance of the Reimbursement Bonds. 9. The County Treasurer or Bond Counsel or either of them, are authorized to execute and submit the Notice of Intent Forms required by the State of Michigan, Department of Treasury ("Treasury") to pay the related fee, to request an order providing an exception from prior approval from the Treasury, and to execute and deliver such other documents as may be requested by the Treasury. 10. All activities involved in the planning and construction of this Project under this resolution shall comply with the standing rules of the Board of Commissioners. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Appendix I Lease Contract, Appendix A Continuing Disclosure Certificate, Exhibit A to Lease Contract – Project Description, Exhibit B to Lease Contract – Oakland Building Authority Project Schedule of Principal and Interest, Appendix II, Exhibit A – Project Description, Appendix III – Form of Declaration of Official Intent, and Oakland County Building Authority Timetable on file in County Clerk’s office. The Chairperson referred the resolution to the Public Services, General Government and Finance Committees. There were no objections. REPORT (MISC. #01266) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFF'S DEPARTMENT - BULLETPROOF VEST PARTNERSHIP PROGRAM GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Commissioners Minutes Continued. October 11, 2001 572 The Finance Committee, having reviewed the above referenced resolution, report with the recommendation that the resolution be adopted with the following amendments: In the 1st WHEREAS paragraph, change the grant period from October 1, 2000, through September 30, 2001, to October 1, 2001, through September 30, 2002; and In the NOW THEREFORE BE IT RESOLVED paragraph, change the grant period from October 1, 2000, through September 30, 2001, to October 1, 2001, through September 30, 2002. Chairperson, on behalf of the Finance Committee, I move the acceptance of the foregoing report. FINANCE COMMITTEE MISCELLANEOUS RESOLUTION #01266 BY: Public Services Committee, David L. Moffitt, Chairperson IN RE: SHERIFF’S DEPARTMENT – BULLETPROOF VEST PARTNERSHIP PROGRAM GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice has awarded the Oakland County Sheriff’s Office grant funding for the Bulletproof Vest Partnership Program in the amount of $7,103.19 for the period of October 1, 2000, through September 30, 2001; and WHEREAS according to the Grants procedures Section IV.B.4, any grant acceptance that varies more than 15% from the application needs to have the liaison committee approval; and WHEREAS Oakland County has been awarded a grant totaling $7,103.19 comprised of Federal funds with no County match, which is a 60% reduction from the grant application amount of $17,727.82, for the grant period covering October 1, 2000, through September 30, 2001; and WHEREAS this grant will be used to continue to fund bulletproof vests for the officers of the Oakland County Sheriff’s Department; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process and the Board of Commissioners Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts grant funding from the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance in the amount of $7, 103.19 covering October 1, 2000, through September 30, 2001. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant agreement and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any further commitments in the Bulletproof Vest Partnership Program and is contingent upon continued future levels of grant funding. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Contract/Program Review Request and Oakland County Grant Application Summary Report on file in County Clerk’s office. FISCAL NOTE (MISC. #01266) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFF'S DEPARTMENT - BULLETPROOF VEST PARTNERSHIP 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 named Miscellaneous Resolution and finds: 1. The Bureau of Justice Assistance Programs, U. S. Department of Justice has awarded the Oakland County Sheriff’s Department grant funding in the amount of $7,103.19, covering the period October 1, 2001, through September 30, 2002. Commissioners Minutes Continued. October 11, 2001 573 2. The award of $7,103.19 is 100% Federal funds with no County match and represents a 60% reduction from the original application amount of $17,727.82. 3. The grant will be used to continue to fund bulletproof vests for officers of the Oakland County Sheriff’s Department. 4. A budget amendment is recommended as follows: FY 2002 FUND DEPT OCA PCA OBJECT REVENUE 101 43 013901 40000 0113 Federal Grant $7,103.19 EXPENDITURE 101 43 023901 40000 4044 Deputy Supplies $7,103.19 $ -0- FINANCE COMMITTEE Moved by Moffitt supported by Obrecht the Finance Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Moved by Moffitt supported by Law the resolution be adopted. Moved by Moffitt supported by McPherson the resolution be amended to coincide with the Finance Committee Report. A sufficient majority having voted therefore, the amendment carried. Vote on resolution as amended: AYES: Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Melton, Millard, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel, Brian, Buckley, Causey-Mitchell, Coleman. (25) NAYS: None. (0) A sufficient majority having voted therefore, the resolution, as amended, was adopted. MISCELLANEOUS RESOLUTION #01267 BY: Public Services Committee, David L. Moffitt, Chairperson IN RE: EMERGENCY MANAGEMENT - TORNADO WARNING SYSTEM EXPANSION – BRANDON TOWNSHIP To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution No.'s 7865, 7971, and 8664 accepted federal grants to defray a portion of the costs in purchasing sirens to be utilized within the Oakland County Tornado Warning System; and WHEREAS the County share of the costs will remain at twenty-five percent as has been the policy previously established by the Board of Commissioners by various Miscellaneous Resolutions, whereby local units pay seventy-five percent with the County being responsible for the maintenance and electrical costs for the sirens purchased; and WHEREAS the Brandon Township, has executed the attached purchase agreement; and WHEREAS the Charter Brandon Township has agreed to pay seventy-five percent of the total estimated cost of two sirens (they currently have six sirens); and WHEREAS consistent with the attached standard agreement, Brandon 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 authorize the appropriation of $10,500.00 consistent with the attached budget, as Oakland County’s match. Commissioners Minutes Continued. October 11, 2001 574 BE IT FURTHER RESOLVED that the expenditure of this appropriation is contingent upon the execution of the attached written agreement between the County and the Township of Brandon. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Brandon Township Tornado Sirens Budget Summary and Severe Weather Warning System Interlocal Agreement Between Oakland County and Brandon Township on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. REPORT (MISC. #01253) BY: Personnel Committee, Thomas A. Law, Chairperson IN RE: SHERIFF’S DEPARTMENT – CONTRACT AMENDMENT #5 FOR LAW ENFORCEMENT SERVICES IN THE CHARTER TOWNSHIP OF OAKLAND 1999-2003 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed Miscellaneous Resolution #01253 on October 11, 2001, recommends the resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION #01253 BY: Public Services Committee, David L. Moffitt, Chairperson IN RE: SHERIFF'S DEPARTMENT - CONTRACT AMENDMENT #5 FOR LAW ENFORCEMENT SERVICES IN THE CHARTER TOWNSHIP OF OAKLAND 1999-2003 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland Township has contracted with the Oakland County Sheriff's Department to provide law enforcement services for the Township Miscellaneous Resolution #98011; and WHEREAS paragraph 23 of this contract provides that an amendment to this contract must be approved by concurrent resolutions of both the Oakland County Board of Commissioners and the Oakland Township Board; and WHEREAS Oakland Township has approved a proposed amendment to the contract (Schedule A-Sheriff's Deputies Contracted) which would upgrade one (1) Deputy II no-fill to Lieutenant resulting in a total number of contracted deputies to twelve (12); and WHEREAS the Sheriff has agreed to upgrade one (1) Deputy II no-fill to Lieutenant for Oakland Township under the terms of this contract. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves an amendment to the original Schedule A (Sheriff Deputies Contracted) of the Oakland County Sheriff's Department 1999-2003 Law Enforcement Services Agreement with the Charter Township of Oakland to upgrade one (1) Deputy II no-fill to Lieutenant. BE IT FURTHER RESOLVED that one (1) Deputy II position (#43618-09755) be upgraded to Lieutenant in the Contracted Patrol Unit, Patrol Services Division of the Sheriff's Department. BE IT FURTHER RESOLVED that one (1) unmarked vehicle (with mobile, prep) be added to the County fleet. BE IT FURTHER RESOLVED that this amendment will take effect on October 13, 2001. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Charter Township of Oakland Schedule A, Charter Township of Oakland Schedule A-1, and Oakland County Sheriff’s Department 1999-2003 Law Enforcement Services Agreement with Charter Township of Oakland on file in County Clerk’s office. Commissioners Minutes Continued. October 11, 2001 575 FISCAL NOTE (MISC. #01253) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFF'S DEPARTMENT-CONTRACT AMENDMENT #5 FOR LAW ENFORCEMENT SERVICES IN THE CHARTER TOWNSHIP OF OAKLAND 1999-2003 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 named Miscellaneous Resolution and finds: 1. The Charter Township of Oakland requests to amend contract with the Oakland County Sheriff for law enforcement services. 2. It is requested that one (1) Deputy II no-fill be upgraded to a Lieutenant in the Contracted Patrol Unit, Patrol Services Division. 3. One (1) marked vehicle (with mobile, prep, MDC and video camera) is also to be added to the County Fleet. 4. Capital cost for the vehicle is $27,558, in addition to operating cost and revenues, which equal $14,479 for Fiscal Year 2002, and $18,318 for Fiscal Year 2003. 5. A budget amendment is recommended as follows: FY 2002 FY 2003 FUND DEPT OCA PCA OBJECT 101 43 23601 31190 2001 Salaries $10,939 $13,634 SALARY TOTAL $10,939 $13,634 101 43 23601 31190 2075 Fringes $ 3,183 $ 4,316 FRINGE BENEFIT TOTAL $ 3,183 $ 4,316 101 43 23601 30000 6660 Radio Rental $ 909 $ 936 101 43 23601 30000 6661 Transportation ( 552) ( 568) OPERATING TOTAL $ 357 $ 368 TOTAL COST $14,479 $18,318 101 43 13601 30000 985 Contract Rev. $14,479 $18,318 TOTAL REVENUE $14,479 $18,318 $ -0- $ -0- CAPITAL COSTS 101 43 33601 30000 8001 Motor Pool Tran. $20,773 101 43 33601 30000 8001 Radio Transfer 4,335 101 43 33601 30000 8001 Computer Trans. 2,450 101 90 290000 25000 2564 Contingency ( 27,558) $ -0- MOTOR POOL FUND REVENUE 661 13 661001 10 635 Leased Equip. $ 6,810 $ 7,015 OPERATING TRANSFER 661 13 661003 10 1701 Operating Tran. In $20,773 $ - $27,583 $ 7,015 EXPENSE 661 13 661002 10 3903 Depreciation $ 6,810 $ 7,015 661 13 661002 10 4264 Leased Vehicles 20,773 - $27,583 $ 7,015 $ -0- $ -0- RADIO COMMUNICATIONS FUND REVENUE 660 13 660100 10 635 Leased Equipment $ 1,364 $ 1,404 OPERATING TRANSFER 660 13 660300 10 1701 Operating Transfer In $ 4,335 $ - $ 5,699 $ 1,404 EXPENSE 660 13 660200 10 3900 Depreciation $ 1,364 $ 1,404 GENERAL LEDGER 660 13 660200 10 8005 Est. Profit/Loss $ 4,335 $ - $ 5,699 $ 1,404 $ -0- $ -0- INFO TECH - CLEMIS FUND Commissioners Minutes Continued. October 11, 2001 576 REVENUE 635 23 635111 30001 583 In-Car Terminals $ 452 $ 466 OPERATING TRANSFER 635 23 635113 30001 1701 Operating Transfer In $ 2,450 $ - $ 2,902 $ 466 EXPENSE 635 23 635152 30001 3900 Depreciation $ 452 $ 466 GENERAL LEDGER 635 23 635152 30001 8005 Est. Profit/Loss $ 2,450 $ - $ 2,902 $ 466 $ -0- $ -0- FINANCE COMMITTEE Moved by Moffitt supported by Causey-Mitchell the Personnel Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Moved by Moffitt supported by Crawford the resolution be adopted. AYES: Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Melton, Millard, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford. (25) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. MISCELLANEOUS RESOLUTION #01268 BY: Commissioner Shelley Goodman Taub, District #12, Hugh D. Crawford, District #17, George W. Suarez, District #24, David Buckley, District #14, John P. Garfield, District #9, David L. Moffitt, District #18, Michelle Friedman Appel, District #23, William Brian, District #10, Eric Coleman, District #21, Vincent Gregory, District #20, Tim W. Melton, District #7, William R. Patterson, District #1, Ruel McPherson, District #25 IN RE: BOARD OF COMMISSIONERS – SUPPORTING CIVIL RIGHTS AND CIVIL LIBERTIES OF ALL AMERICANS INCLUDING ARAB-AMERICANS AND AMERICAN MUSLIMS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS all Americans are united in condemning, in the strongest possible terms, the terrorists who planned and carried out the attacks against the United States on September 11, 2001, and in pursuing all those responsible for these attacks and their sponsors until they are brought to justice; and WHEREAS as always, Americans have united and stand stronger than ever as a nation sworn to defend freedom, tolerance, diversity and democracy. Any terrorists who attempt to extinguish our spirit must know that these are ideals we Americans will never surrender; and WHEREAS the Arab American and American Muslim communities, are a vital part of our nation. Arab Americans are part of the American success story and have played an important part in building communities and institutions, especially within the State of Michigan and Oakland County; and WHEREAS Americans understand that we must not descend to the level of those who perpetrated senseless violence by targeting individuals based on race, religion, or national origin. NOW THEREFORE BE IT RESOLVED that in the quest to identify and bring to justice the perpetrators and sponsors of the terrorist attacks on the United States on September 11, 2001, the Oakland County Board of Commissioners will promote and support efforts dedicated to insuring that the civil rights and civil liberties of all Americans, including Arab-Americans and American Muslims, are protected. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners condemns any acts of violence or discrimination against any Americans, including Arab-Americans and American Muslims. Chairperson, I move the adoption of the foregoing resolution. Commissioners Minutes Continued. October 11, 2001 577 SHELLEY TAUB, WILLIAM R. PATTERSON, HUGH D. CRAWFORD, GEORGE W. SUAREZ, DAVID BUCKLEY, JOHN P. GARFIELD, MICHELE FRIEDMAN APPEL, WILLIAM BRIAN, ERIC COLEMAN, VINCENT GREGORY, TIM MELTON, RUEL MCPHERSON The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #01269 BY: Commissioners Ruel E. McPherson, District #25, Frank H. Millard, Jr., District #4, Thomas A. Law, District #13 IN RE: BOARD OF COMMISSIONERS - AUTHORIZE COUNTY TO SUPPLEMENT PAY OF RESERVISTS CALLED TO ACTIVE MILITARY DUTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan National Guard's mission is to protect the lives and property of Michigan citizens during times of natural disaster and to preserve the peace, order, and public safety; and WHEREAS in 1991, during the Desert Storm Crisis in the Persian Gulf, the Oakland County Board of Commissioners adopted Miscellaneous Resolutions #91001 and #91047, which authorized the County to supplement military pay of employees called to active military duty; and WHEREAS following the September 11th, "Attack on America" hundreds of Michigan military reservists were again called into active duty; and WHEREAS most persons activated for military service generally take a substantial pay cut. Recognizing that the current threat to the security of the United States may continue for several months - Oakland County employees who have been or will be ordered to active duty will be subjected to a considerable reduction in pay; and WHEREAS the Oakland County Board of Commissioners remains committed to supporting the Oakland County employees, who out of deep concern and commitment to the protection of their state and their community, have dedicated their time and energy to serve as military reservists. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the County to supplement the military pay for employees called to active duty so that they will receive total pay equal to their "normal" County compensation retroactive to the date of their military call-up. BE IT FURTHER RESOLVED that "normal" compensation shall be defined as the employee's published base salary and service increment rate at the time of call-up, plus any merit increases or service increment changes which could be scheduled if the employee were actively working at the County. The supplement will equal the employee's "normal" compensation, less the employee's total military pay for the period for which the supplement is being computed. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the County to provide, for up to one (1) year, the medical benefits of dependents of employees called to active duty, so that they will receive the normal medical benefits retroactive back to the date of the employee's military call-up. BE IT FURTHER RESOLVED that these referenced supplements are being authorized only for those employees activated on or after September 11, 2001. Chairperson, we move the adoption of the foregoing Resolution. RUEL E. MCPHERSON, FRANK H. MILLARD, JR., THOMAS A. LAW The Chairperson referred the resolution to the Personnel and Finance Committees. There were no objections. MISCELLANEOUS RESOLUTION #01270 BY: David L. Moffitt, District #18 IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – TRANSFER EMERGENCY MANAGEMENT UNIT TO COUNTY EXECUTIVE /ADMINISTRATION, AND CREATE ADMINISTRATOR-EMERGENCY RESPONSE AND PREPAREDNESS APPOINTED POSITION Commissioners Minutes Continued. October 11, 2001 578 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County’s emergency management functions are mandated by the Michigan Emergency Management Act (Public Act 50 of 1990), to provide for the coordination of all matters pertaining to emergency services, disaster preparedness, and recovery assistance within the County; and WHEREAS events of the past month, including the terrorist attack on the New York World Trade Center Towers on September 11 and the recent attack on Afghanistan, reflects the imperative need to bolster the County’s activities in this critical area; and WHEREAS to achieve a higher visibility of emergency response and preparedness functions, the County Executive recommends the transfer of the Emergency Management and E911 Unit and related support staff from the Department of Information Technology to the County Executive Administration Division, retitling of the unit to Emergency Response and Preparedness, and creation of an appointed Administrator-Emergency Response and Preparedness position to oversee the aforementioned functions; and WHEREAS this new unit will report directly to the Assistant Deputy County Executive; and WHEREAS with the requested transfers it is appropriate to Retitle the IT/CLEMIS and Public Safety division to "CLEMIS" and make other position title changes; and WHEREAS Section 14(a) of Public Act 139 of 1973, the Unified Form of County Government Act under which Oakland County is organized, specifies that “…the Board of County Commissioners may: …transfer a function from one department to another upon the affirmative recommendation of the…County Executive and following a public hearing.” NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the transfer of the Emergency Management Unit and positions from Information Technology to County Executive/Administration: Position Title 23110-00764 Chief - Emergency Management 23110-00737 User Support Specialist I 23110-03412 User Support Specialist I 23110-03438 Technical Assistant 23110-04724 Typist II 23110-06893 Typist II, 1,000 hr/yr. PTNE 23110-09735 Emergency Management Coordinator BE IT FURTHER RESOLVED that this unit be retitled to Emergency Response and Preparedness. BE IT FURTHER RESOLVED that a new classification titled Administrator - Emergency Response and Preparedness be created at the following salary range: Base 1 Year 2 Year 3 Year 4 Year 5 Year $62,910 $66,698 $70,483 $74,273 $78,059 $81,845 BE IT FURTHER RESOLVED that one (1) appointed, GF/GP, exempt O/T position of Administrator - Emergency Response and Preparedness be established in the Emergency Response and Preparedness Unit. BE IT FURTHER RESOLVED that the CLEMIS and Public Safety Division be retitled to CLEMIS, that the Manager - CLEMIS and Public Safety be retitled to Manager - CLEMIS, and that the Administrator - Emergency Operations be retitled to Administrator - CLEMIS. BE IT FURTHER RESOLVED that vacant Radio Communications Engineer position 23110-09631, and vacant Disaster Control and Civil Defense Director position 23110-06771 be deleted from IT/CLEMIS. Chairperson, I move adoption of the foregoing resolution. DAVID L. MOFFITT The Chairperson referred the resolution to the General Government, Public Services, Personnel, and Finance Committees. There were no objections. Commissioner David L. Moffitt requested a Public Hearing be scheduled for the purpose for allowing public comment on the Department Of Information Technology – Transfer Emergency Management Unit To County Executive /Administration, And Create Administrator-Emergency Response and Preparedness Commissioners Minutes Continued. October 11, 2001 579 Appointed Position. The Chairperson scheduled the hearing for October 25, 2001, at 9:45 a.m. in the Board of Commissioners’ Auditorium. MISCELLANEOUS RESOLUTION #01271 BY: Commissioner Charles Palmer, District #16 IN RE: SUPPORT OF HB 5187 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the right of local units of government to determine the zoning requirements for properties within their corporate limits has long been fixed by State Law; and WHEREAS Public schools by state law have been exempt from compliance with local zoning requirements; and WHEREAS under State law Charter schools are considered Public schools; and WHEREAS a recent attempt by a Charter school in the City of Clawson to blatantly ignore local zoning requirements points to the need for amending current State law to require Public schools to comply with local zoning requirements; and WHEREAS State Representative John Pappageorge has introduced HB 5187 to require Public schools to comply with local zoning requirements. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners urges the State Legislature to adopt HB 5187. BE IT FURTHER RESOLVED that copies of this resolution be forwarded to the entire Oakland County legislative delegation. Chairperson, I move the adoption of the foregoing resolution. CHARLES E. PALMER The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #01272 BY: Commissioner William Brian, District #10 IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE VILLAGE OF MILFORD – FISCAL YEAR 2002 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners established an Environmental Infrastructure Funds and Disbursement Policy per Miscellaneous Resolution #99093 in an effort to increase the share of dollars flowing into infrastructure projects for the County and its cities, villages and townships (CVTs); and WHEREAS pursuant to the Disbursement Policy, the Village of Milford has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible environment remediation of improvement project; and WHEREAS the Village of Milford is requesting reimbursement for work related to the reconditioning of horizontal pressure filters and aeration tank at the iron removal plant; and WHEREAS the Fiscal Year 2002 authorized amount of funding for the Village of Milford is $22,649.48 from the Environmental Infrastructure Fund as repayment to the Village of Milford for expenses incurred in connection with environmental remediation or improvement projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the projects submitted by the Village of Milford as eligible for reimbursement from the Environmental Infrastructure Fund. BE IT FURTHER RESOLVED that the Board authorizes an Fiscal Year 2002 appropriation in the amount of $22,649.48 from the Environmental Infrastructure Fund (Account #90-263215-41000-3985) to repay the Village of Milford for expenses incurred in connection with environmental remediation or improvement projects, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. WILLIAM BRIAN Commissioners Minutes Continued. October 11, 2001 580 The Chairperson referred the resolution to the Finance Committee. There were no objections. In accordance with Rule XII.G, the Chairperson made the following referrals: GENERAL GOVERNMENT a. Shiawassee County Resolution-Support SB 63, Increase Register of Deeds Fees b. Cass County Resolution-Advocating Use of State Budget Stabilization Fund to Offset Reduced Revenue Sharing c. Calhoun County Resolution-Advocating Use of State Budget Stabilization Fund to Offset Reduced Revenue Sharing d. Allegan County Resolution-Support SB 271 re: Road Salt There were no objections. The Board adjourned at 10:20 a.m. to the call of the Chair or October 25, 2001, at 9:30 a.m. G. WILLIAM CADDELL FRANK H. MILLARD Clerk Chairperson