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HomeMy WebLinkAboutMinutes - 2011.02.09 - 714157 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES February 9, 2011 Meeting called to order by Chairperson Mike Gingell at 7:12 p.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Bosnic, Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Zack. (25) EXCUSED ABSENCE WITH NOTICE: None. (0) Quorum present. Invocation given by Craig Covey. Pledge of Allegiance to the Flag. Moved by Potts supported by Quarles the minutes of the January 20, 2011 Board Meeting be approved. A sufficient majority having voted in favor, the minutes were approved as printed. Moved by Taub supported by Greimel to amend the agenda as follows: Remove Communications from the Agenda: Presentation: Addy Shattuck from Pet Supplies Plus and Linda Wasche from LW Marketworks, Inc. – Larry Obrecht Proclamation: West Bloomfield Township Public Library – Commissioners Shelley Taub and John Scott Presentation: Accounting Aid Society Move General Government Committee, item f. Miscellaneous Resolution - #11002 Board of Commissioners- Appointment of an Ad Hoc Committee to Review the Oakland County Merit Rules as they Pertain to Ethics to the Human Resources Committee on the Regular Agenda; and remove Planning and Building Committee item c. Miscellaneous Resolution - #11006 Board of Commissioners – Mobile Food Vendors on County Campus off the Regular Agenda. Vote on Agenda, as amended: AYES: Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic. (25) NAYS: None. (0) A sufficient majority having voted in favor, the agenda, as amended, was approved. Commissioners Minutes Continued. February 9, 2011 58 Oakland County Clerk – Register of Deeds, Bill Bullard, Jr., read a communication from Oakland County Treasurer, Andy Meisner to serve on the Tax Increment Finance Review Ad Hoc Committee for the 2011- 2012 term. The communication was received and filed. Oakland County Clerk – Register of Deeds, Bill Bullard, Jr., read a communication from Maureen Krauss – Director of Economic Development and Community Affairs to serve on the Tax Increment Finance Review Ad Hoc Committee for the 2011-2012 term. The communication was received and filed. Oakland County Clerk – Register of Deeds, Bill Bullard, Jr., read a communication from Oakland County Executive, L. Brooks Patterson, appointing Shelia Merrit, Program Director to fill the vacancy on the Substance Abuse Advisory Council. The term of this appointment will run from October 1, 2010, through September 30, 2012. There were no objections the appointment was confirmed. Oakland County Clerk – Register of Deeds, Bill Bullard, Jr., read a communication from Oakland County Executive, L. Brooks Patterson, re-appointing Pamela L. Davis, Manager, Court Services Division, Paul Ferrell, II, Program Supervisor/Assistant to Executive Director and Lewis Tyler, Deputy, Alcohol Enforcement Team to the Substance Abuse Advisory Council for a second term. There were no objections the appointments were confirmed. Oakland County Clerk – Register of Deeds, Bill Bullard, Jr., read a communication from Oakland County Executive, L. Brooks Patterson, re-appointing Michael Gingell, Daniel P. Hunter, Keith J. Lerminiaux, Peter H. Webster, Eric Wilson and Douglas J. Williams; also authorizing the appointments of Grant Trigger and Dave Woodward to the Oakland County Brownfield Redevelopment Authority Board of Directors. There were no objections the re-appointments and appointments were confirmed. Chairperson Michael Gingell appointed Commissioners William Dwyer (Chairperson), Tim Greimel and Philip Weipert to the Ad Hoc Committee to Review the Oakland County Rules as they Pertain to Ethics. There were no objections the appointments were confirmed. Chairperson Michael Gingell appointed Vice-Chairperson of the Board of Commissioners Jeff Matis as (Chairperson), Commissioners Kathy Crawford and Gary McGillivray to the Ad Hoc Committee to Explore Televising and/or Webcasting Board of Commissioners and Committee Meetings. There were no objections the appointments were confirmed. The following people addressed the Board during public comment: Chris Scharrer, Alice Benbow and Jerry Borowski. Moved by Taub supported by Greimel the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). The vote for this motion appears on page 68. The resolutions on the Consent Agenda follow (annotated by an asterisk {*}): *MISCELLANEOUS RESOLUTION #11013 BY: Planning and Building Committee, David Potts, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST FOR APPROVAL OF LICENSE AGREEMENT WITH THE CITY OF BIRMINGHAM FOR PLACEMENT OF RADIO COMMUNICATION EQUIPMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners, pursuant to MR #98308, recognized that the County's current 800MHz radio system needed to be upgraded and expanded to encompass all public safety agencies and to create interoperatibility between public safety agencies; and WHEREAS the Oakland County Board of Commissioners, pursuant to MCL 484.1401 and MR #99279, authorized the levy of a four (4%) percent emergency telephone operational charge to pay for a new County-wide radio system that will have the ability to encompass all public safety agencies and create interoperability between public safety agencies; and WHEREAS to properly implement and operate the County-wide radio system, the County will need to Commissioners Minutes Continued. February 9, 2011 59 build towers, lease land, and/or lease space on towers at sites throughout the County; and WHEREAS it is the recommendation of the Departments of Facilities Management and Information Technology that the Oakland County Board of Commissioners accept and approve the terms and conditions of the attached License Agreement with the City of Birmingham; and WHEREAS under the terms and conditions of the attached License Agreement, the County will at County expense install, repair, operate and maintain communication equipment inclusive of antennae and related equipment on the existing radio tower located on the roof of the Birmingham City Hall building and in the attic area of the City Hall building located at 151 Main Street, Birmingham, Michigan, 48009; and WHEREAS the County shall pay an annual license fee of $1.00 to the City of Birmingham; and WHEREAS the Departments of Facilities Management, Information Technology, and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached lease agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached license agreement between the County of Oakland and the City of Birmingham. BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs it’s Chairperson or his designee to execute the attached license agreement and all other related documents between the County of Oakland and the City of Birmingham, which may be required. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Birmingham City Hall License Agreement, Background, Article I – Definitions, Articles II – Construction License Article III – License Incorporated by Reference. Original on file in County Clerk’s Office. FISCAL NOTE (MISC #11013) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST FOR APPROVAL OF LICENSE AGREEMENT WITH THE CITY OF BIRMINGHAM FOR PLACEMENT OF RADIO COMMUNICATION EQUIPMENT To the Oakland County Board of Commissioners Chairperson, Ladies, and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. This license agreement is for the County to lease the existing radio tower located on the roof of the Birmingham City Hall building and the attic area of the City Hall building located at 151 Main Street, Birmingham, Michigan 48009. 2. Under the terms and conditions of the agreement, Oakland County will be responsible for expenses related to the installation, repair, operation, and maintenance of the county’s communication equipment (including the antennae) and related equipment. 3. The County shall pay an annual license fee of $1.00 to the City of Birmingham. 4. No budget amendment is necessary. FINANCE COMMITTEE (The vote for this motion appears on page 68.) REPORT (MISC. #11014) BY: Human Resources Committee, John A. Scott, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT-REORGANIZATION AND PERSONNEL RELATED ACTIONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee having reviewed MR #11014 on January 26, 2011 reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing Report. HUMAN RESOURCES COMMITTEE Commissioners Minutes Continued. February 9, 2011 60 *MISCELLANEOUS RESOLUTION #11014 BY: Planning and Building Committee, David Potts, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT–REORGANIZATION AND PERSONNEL RELATED ACTIONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the work load in the Facilities Engineering Division has shifted, and the department administration has reviewed its operations; and WHEREAS for efficiencies and to cross train staff, the Facilities Management Department proposes to transfer the Technical Support Unit from the Facilities Management Administration Division (1040105) to the Facilities Engineering Division (1040801); and WHEREAS the Facilities Management Department proposes to delete one (1) full-time position, transfer one (1) unit, delete one (1) unit, re-title two (2) positions, and re-title one (1) unit within the Facilities Engineering Division; and WHEREAS the results of this proposal will generate savings that can be applied to the department’s budget task for Fiscal Year 2011 and beyond. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the following reorganization of the Department of Facilities Management and position changes: 1. To delete one (1) full-time eligible PR position: Dept/Position Number Position Title Location 1040105-07761 GIS/CAD Technician II Technical Support 2. To transfer the following positions from the Technical Support Unit (1040105) to the Facilities Engineering Unit (1040801). Position Number Position Title 01526 Supervisor – Facilities Planning 01337 Architectural Engineer II 01372 Facilities Planner 01836 Engineering Technician 05375 Architectural Engineer II 3. Re-title the following positions: Position Number Current Position Title New Position Title 01335 Manager – Facilities Engineering Manager – Facilities Planning & Engineering 01526 Supervisor – Facilities Planning Supervisor – Facilities Planning & Engineering 4. To delete the existing Technical Support Unit (1040105). 5. Re-title the Facilities Engineering Unit (1040801) to Facilities Planning & Engineering 6. Re-title the Facilities Engineering Division (1040800) to Facilities Planning & Engineering Division. Chairperson, on behalf of the Planning & Building Committee, I move the adoption of the foregoing resolution. PLANNING & BUILDING COMMITTEE FISCAL NOTE (MISC. #11014) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – REORGANIZATION AND PERSONNEL RELATED ACTIONS 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 Facilities Management Department is requesting a departmental reorganization to increase departmental efficiencies and cross train staff. Commissioners Minutes Continued. February 9, 2011 61 2. The reorganization proposals will generate savings of $63,101 in FY 2011 and $99,433 in both FY 2012 and FY 2013, which will be applied to the County Executive’s budget task and will be reflected in savings to customer departments in future Building Space rates and charges. 3. An amendment to the FY 2011 – FY 2013 Budget is requested as follows: FY 2011 FY 2012/13 Facilities Maintenance & Operations Fund #63100 Revenue 1040702-140010-665882 Planned Use of Bal. $(63,101) $(99,433) Total Revenues $(63,101) $(99,433) Expenditures 1040105-140030-702010 Fac. Mgmt Sals– Regular $(345,940) $(345,940) 1040105-140030-712020 Fac. Mgmt Overtime (1,125) (1,125) 1040105-140030-722750 Fac. Mgmt Workers Comp. (3,737) (3,737) 1040105-140030-722760 Fac. Mgmt Group Life (1,262) (1,262) 1040105-140030-722770 Fac. Mgmt Retirement (116,481) (116,481) 1040105-140030-722780 Fac. Mgmt Hospitalization (40,235) (40,235) 1040105-140030-722790 Fac. Mgmt Social Security (26,548) (26,548) 1040105-140030-722800 Fac. Mgmt Dental (6,393) (6,393) 1040105-140030-722810 Fac. Mgmt Disability (1,111) (1,111) 1040105-140030-722820 Fac. Mgmt Unemployment Insur. (1,524) (1,524) 1040105-140030-722850 Fac. Mgmt Optical (400) (400) 1040105-140030-730114 Fac. Mgmt Auction Expense (500) (500) 1040105-140030-731346 Fac. Mgmt Personal Mileage (1,300) (1,300) 1040105-140030-731626 Fac. Mgmt Rent (9,200) 1040105-140030-732018 Fac. Mgmt Travel & Conf (850) (850) 1040801-140030-702010 Fac. Eng Salaries – Regular 308,717 287,285 1040801-140030-712020 Fac. Eng Overtime 1,125 1,125 1040801-140030-722750 Fac. Eng Workers Comp. 3,654 3,606 1040801-140030-722760 Fac. Eng Group Life 1,126 1,048 1040801-140030-722770 Fac. Eng Retirement 103,457 95,958 1040801-140030-722780 Fac. Eng Hospitalization 31,595 26,620 1040801-140030-722790 Fac. Eng Social Security 23,700 22,061 1040801-140030-722800 Fac. Eng Dental 5,541 5,050 1040801-140030-722810 Fac. Eng Disability 992 923 1040801-140030-722820 Fac. Eng Unemployment Insur. 1,360 1,266 1040801-140030-722850 Fac. Eng Optical 388 381 1040801-140030-730114 Fac. Eng Auction Expense 500 500 1040801-140030-731346 Fac. Eng Personal Mileage 1,300 1,300 1040801-140030-731626 Fac. Eng Rent 9,200 1040801-140030-732018 Fac. Eng Travel & Conference 850 ___ 850 Total Expenditures $ (63,101) $ (99,433) $ -0-__ $ -0-__ FINANCE COMMITTEE (The vote for this motion appears on page 68.) *MISCELLANEOUS RESOLUTION #11015 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: CIRCUIT COURT – ACCEPTANCE AND AUTHORIZATION TO EXPEND DONATIONS FROM THE RESTORE FOUNDATION TO HELP OPERATE THE ADULT TREATMENT COURT (ATC) IN FY 2011 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Adult Treatment Court (ATC) was implemented in 2000 to provide a regimented treatment and intensive judicial supervision approach to help criminal offenders overcome their alcohol and Commissioners Minutes Continued. February 9, 2011 62 chemical dependencies, forego future criminal behavior and reestablish family relationships and support groups to encourage ongoing sobriety; and WHEREAS the ATC provides an alternative to traditional incarceration to reduce the inmate population at the Oakland County Jail; and WHEREAS the ATC has been instrumental in providing offenders with an incentive to pay restitution, court costs, and child support, if applicable; and WHEREAS the estimated cost to operate the ATC in Fiscal Year 2011 is approximately $170,510; and WHEREAS the State Court Administrative Office grant funding used to help fund the ATC has been reduced each year for the past five years to an all time low of $10,000 for FY 2011; and WHEREAS the Circuit Court continually seeks alternative sources of funding to help supplement and offset this reduction in SCAO grant funding and ensure continuation of the ATC; and WHEREAS the Restore Foundation was established in January of 2009 with its mission statement to: “Restore hope and dignity by helping individuals overcome substance abuse to the benefit of themselves, their families, and society by continuing the Oakland County Drug Courts”; and WHEREAS the Restore Foundation is donating funds in the amount of $18,940 to help fund the operations of the Adult Treatment Court for FY 2011; and WHEREAS these funds will be received as donations and deposited into the Circuit Court donation account (#10100-3010101-121200-650301). NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the acceptance of this donation in the amount of $18,940 and its use from the Circuit Court’s account (#10100-3010101-121200-650301) to fund transitional housing, drug screens, transportation, and incentive expenses for the Adult Treatment Court. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE FISCAL NOTE (MISC. #11015) BY: Finance Committee, Tom Middleton, Chairperson IN RE: CIRCUIT COURT – ACCEPTANCE AND AUTHORIZATION TO EXPEND DONATIONS FROM THE RESTORE FOUNDATION TO HELP OPERATE THE ADULT TREATMENT COURT (ATC) IN FY 2011 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Adult Treatment Court (ATC) costs are approximately $170,510 to operate on an annual basis, of which the State Court Administrative Office (SCAO) provided funding in the amount of $10,000 annually over the past five years to offset the expense. 2. The State Court Administrative Office (SCAO) is no longer providing funds for the Adult Treatment Court (ATC). However, the Circuit Court has sought alternative funding sources to help supplement and offset this reduction to ensure continuation of this program. 3. The Restore Foundation has agreed to donate funds in the amount of $18,940 to help fund the operations of the Adult Treatment Court (ATC) for FY 2011. 4. The FY 2011 budget is amendment as follows to recognize the donated funds: GENERAL FUND #10100 FY 2011 Revenues 3010101-121200-650301 Donations $18,940 $18,940 Expenditures 3010301-121200-731416 Priv Institutions – Residential $ 8,460 3010301-121200-731997 Transportation of Clients 3,780 3010301-121200-750245 Incentives 2,150 3010301-121200-750280 Laboratory Supplies 4,550 $18,940 FINANCE COMMITTEE (The vote for this motion appears on page 68.) Commissioners Minutes Continued. February 9, 2011 63 REPORT (MISC. #11016) BY: Human Resources Committee, John A. Scott, Chairperson IN RE: SHERIFF’S OFFICE – CONTRACT AMENDMENT #1 FOR LAW ENFORCEMENT SERVICES IN THE CHARTER TOWNSHIP OF BRANDON - 2011 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee having reviewed MR #11016 on January 26, 2011 reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing Report. HUMAN RESOURCES COMMITTEE *MISCELLANEOUS RESOLUTION #11016 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: SHERIFF'S OFFICE-CONTRACT AMENDMENT #1 FOR LAW ENFORCEMENT SERVICES IN THE CHARTER TOWNSHIP OF BRANDON-2011 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Charter Township of Brandon has contracted with the Oakland County Sheriff's Department to provide law enforcement services for the Township (M.R. #10326); and WHEREAS paragraph 24 of this Contract provided that an amendment to this Contract must be approved by concurrent resolutions of both the Oakland County Board of Commissioners and the Brandon Township Board of Trustees; and WHEREAS the Charter Township of Brandon has approved a proposed amendment to the contract (Schedule A Deputies Contracted) which would add one (1) Patrol Investigator from January 1 to June 30, 2011 bringing the number of Patrol Investigators from one (1) to two (2) and the total number of contracts to eleven and one-half (11.5); and WHEREAS the Sheriff has agreed to add one (1) Patrol Investigator for the period January 1, 2011 to June 30, 2011 for the Charter Township of Brandon under the terms of this contract. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves an amendment to the original Schedule A (Sheriff Deputies Contracted) of the Oakland County Sheriff's Department 2010 Law Enforcement Services Agreement with the Charter Township of Brandon to add one (1) Patrol Investigator for the period January 1, 2011 to June 30, 2011. BE IT FURTHER RESOLVED that one (1) GF/GP Deputy II position be created in the Contract Patrol Unit, Patrol Services Division of the Sheriff’s Office for the period January 1, 2011 to June 30, 2011. BE IT FURTHER RESOLVED that this amendment will take effect January 1, 2011. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Charter Township of Brandon 2011 SCHEDULE A SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY Rank(s) of SHERIFF'S DEPUTIES Number(s) of Sheriff's Deputies Contracted Bi-Weekly Charge to Municipality in 2011 Captain $6,660.76 Lieutenant $5,792.51 Patrol Sergeant $5,228.70 Commissioners Minutes Continued. February 9, 2011 64 Detective Sergeant 1 $5,367.43 Deputy II (w/fill) $5,554.46 Deputy II (no-fill) 8.5 $4,667.23 Deputy II (no-fill/no- vehicle) $4,427.50 Patrol Investigator (no-fill) 2 $4,812.89 Deputy I (no-fill) $3,721.20 TOTAL 11.5 NOTE: For each PATROL DEPUTY II (WITH FILL-IN) identified above, ONLY the O.C.S.O. shall, at no additional cost to the MUNICIPALITY, provide a substitute (i.e., FILL-IN) SHERIFF'S DEPUTY to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY whenever a PATROL DEPUTY II (WITH FILL-IN) is absent from the MUNICIPALITY during any 80 hour bi- weekly period for any reason except those reasons enumerated in Paragraph 5(a)(1) through Paragraph 5(a)(5) above. NOTE: No Trainees shall be assigned by the O.C.S.O. to perform the duties of any SHERIFF'S DEPUTY contracted for and assigned to perform LAW ENFORCEMENT SERVICES under the terms of this Agreement. OAKLAND COUNTY SHERIFF'S DEPARTMENT 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF BRANDON Amendment 1 ____________________________________________________________________________________ Pursuant to paragraph 24 of the 2011 Law Enforcement Services Agreement between the COUNTY and the CHARTER TOWNSHIP OF BRANDON, the parties hereby agree to amend said contract in accordance with the attached Schedules A. All other contractual provisions, of the 2011 Law Enforcement Services Agreement not otherwise affected by the attached Schedules A , remain in full force and effect. FOR AND IN CONSIDERATION of the mutual assurances, promises, acknowledgments, set forth in this Amendment 1 to the 2011 Law Enforcement Services Agreement, ("Amendment") and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the undersigned hereby execute this Amendment on behalf of the Parties, and by doing so legally obligate and bind the Parties to the terms and conditions of this Contract. IN WITNESS WHEREOF, Kathy Thurman, Supervisor of the Charter Township of Brandon, hereby acknowledges that he has been authorized by a resolution of the Township Board, to execute this Commissioners Minutes Continued. February 9, 2011 65 Amendment on behalf of the Municipality and hereby accepts and binds the Municipality to the terms and conditions of this Amendment. EXECUTED: __________________________ DATE: _______________ Kathy Thurman, Supervisor WITNESSED: _________________________, Clerk DATE: _______________ Charter Township of Brandon IN WITNESS WHEREOF, Michael J. Gingell, Chairperson, Oakland County Board of Commissioners hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners, to execute this Amendment on behalf of Oakland County, and hereby accepts and binds Oakland County to the terms and conditions of this Amendment. EXECUTED: __________________________ DATE:_______________ Michael J. Gingell, Chairperson Oakland County Board of Commissioners WITNESSED: __________________________ DATE: _______________ Bill Bullard Jr., Clerk County of Oakland FISCAL NOTE (MISC. #11016) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF’S OFFICE – CONTRACT AMENDMENT #1 FOR LAW ENFORCEMENT SERVICES IN THE CHARTER TOWNSHIP OF BRANDON - 2011 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. This amendment is effective for the period of January 1, 2011 to June 30, 2011. 2. The Township of Brandon is requesting one (1) GF/GP Deputy II (Patrol Investigator) position be created in the Contract Patrol Unit, Patrol Services Division of the Sheriff’s Office, increasing the number of contacted positions at this community from 10.5 to 11.5. 3. The total cost for this amendment is $62,568 for the six-month period. 4. There are no changes to the number of vehicles or radios associated with this amendment. 5. The FY 2011 budget is amended as follows: GENERAL FUND (#10100) Revenues FY 2011 4030601-116180-632093-40030 Sher. Spec. Deputy $ 62,568 Total Revenues $ 62,568 Sheriff Patrol Services Expenditures 4030601-116180-702010-40030 Salaries $ 25,528 4030601-116180-712020-40030 Overtime 19,745 4030601-116180-722790-40030 Social Sec. 1,953 4030601-116180-722770-40030 Retirement 8,542 4030601-116180-722780-40030 Hospitalization 4,457 4030601-116180-722760-40030 Group Life 112 4030601-116180-722750-40030 Workers Comp 317 4030601-116180-722810-40030 Disability 79 4030601-116180-722820-40030 Unemployment 112 4030601-116180-722800-40030 Dental 407 4030601-116180-722850-40030 Optical 23 4030601-116180-750070-40030 Deputy Supplies 197 4030601-116180-750581-40030 Uniforms 234 Commissioners Minutes Continued. February 9, 2011 66 4030601-116180-730653-40030 Equip Rental 372 4030601-116180-774677-40030 Insurance Fund 408 4030601-116180-773535-40030 CLEMIS 82 Total Expenditures $ 62,568 FINANCE COMMITTEE (The vote for this motion appears on page 68.) *MISCELLANEOUS RESOLUTION #11022 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: CIRCUIT COURT – FAMILY DIVISION – FY 2011 MENTAL HEALTH SERVICES FOR DRUG COURT PARTICIPANTS (MHSDCP) GRANT PROGRAM - GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the State Court Administrative Office (SCAO) has awarded the 6th Circuit Court / Family Division, Family-Focused Juvenile Drug Court Program funding in the amount of $68,000 for the period of October 1, 2010 through September 30, 2011; and WHEREAS this is the 1st year of grant acceptance for this program; and WHEREAS the grant will provide local drug treatment court program funding for mental health services; and WHEREAS the 6th Circuit Court / Family Division, Family-Focused Juvenile Drug Court Program has a budget of $546,336 which includes a State Court Administrative Office (SCAO) grant award of $68,000, $10,000 from the Michigan Drug Court Grant Program (MDCGP) and $468,336 from the Child Care Fund; and WHEREAS the $68,000 grant award will be used to provide mental health assessment and treatment services to the participants in the Juvenile Drug Court in Oakland County, including transportation and respite care for families; and WHEREAS there is no General Fund financial obligation; and WHEREAS the grant agreement has been reviewed and approved through the County Executive’s Contract Review Process and the Board of Commissioners’ Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the FY 2011 Mental Health Services for Drug Court Participants grant award in the amount of $68,000 from the State Court Administrative Office (SCAO) for the period of October 1, 2010 through September 30, 2011. BE IT FURTHER RESOLVED that the Board of Commissioners authorizes the Board Chairperson to sign the grant agreement for the total program amount of $546,336 which includes the grant award of $68,000 from the State Court Administrative Office (SCAO), $10,000 from the Michigan Drug Court Grant Program (MDCGP) and $468,336 from the Child Care Fund. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment, and any special revenue positions and other program costs associated with this grant are contingent upon future levels of grant funding. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant agreement and to approve any grant extensions or changes within fifteen percent (15%) of the original award, which is consistent with the original agreement as approved. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Grant Review Sign Off – Circuit Court – Family Division on file in County Clerk’s office. FISCAL NOTE (MISC. #11022) BY: Finance Committee, Tom Middleton, Chairperson IN RE: CIRCUIT COURT – FAMILY DIVISION - FY 2011 MICHIGAN MENTAL HEALTH SERVICES FOR DRUG COURT PARTICIPANTS (MHSDCP) GRANT PROGRAM - GRANT ACCEPTANCE To The Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: Commissioners Minutes Continued. February 9, 2011 67 1. The 6th Circuit Court/Family-focused Juvenile Drug Court Program applied for the FY 2011 Michigan Mental Health Services for Drug Court Participants (MHSDCP) grant from the State Court Administrative Office (SCAO) in the amount of $79,635. 2. The Circuit Court/Family-Focused Juvenile Drug Court Program was awarded a grant from the State Court Administrative Office (SCAO) in the amount of $68,000 which is $11,635 less than the application amount. 3. This is the first (1st) year of this grant award. 4. The grant period is October 1, 2010 to September 30, 2011. 5. The total program amount is $546,336 which includes the grant award of $68,000 from the State Court Administrative Office (SCAO), $10,000 from the Michigan Drug court Grant Program (MDCGP) and $468,336 from the Child Care Fund. 6. There are no personnel costs associated with this grant and no grant match is required. 7. The FY 2011 Special Revenue budget is amended as follows to recognize the grant award. FY 2011 FY 2011 FY 2011 Michigan Mental Health SCAO 27175 Adopted Budget Amended Grant Number GR0000000546 Budget Amendment Budget Circuit Court Family Division – Court Services Revenue 3010402-121200-615571 Grants State $ 0 $ 68,000 $ 68,000 Total Revenue $ 0 $ 68,000 $ 68,000 Expenditure 3010402-121200-731458 Professional Services $ 0 $ 63,760 $ 63,760 3010402-121200-731997 Transportation of Clients 0 3,150 3,150 3010402-121200-750539 Testing Materials 0 1,090 1,090 Total Expenditures $ 0 $ 68,000 $ 68,000 FINANCE COMMITTEE (The vote for this motion appears on page 68.) *MISCELLANEOUS RESOLUTION #11023 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: DEPARTMENT OF PUBLIC SERVICES/ANIMAL CONTROL DIVISION – PET SMART SPAY/NEUTER FREE ROAMING CAT GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Pet Smart Charities has awarded the Oakland County Animal Control Division funding in the amount of $99,760; and WHEREAS this amount is to fund the spaying and/or neutering of 3,440 cats that are free roaming within Oakland County; and WHEREAS the first installment of $29,000 will be sent with the approval of this grant and serve to fund the spaying and/or neutering of 1,000 free roaming cats between the dates of February 2, 2011 and February 1, 2012; and WHEREAS the second installment of $70,760 will be sent to fund the spaying and or neutering of 2,440 free roaming cats between the dates of February 2, 2012 and February 1, 2013; and WHEREAS the grant agreement has been reviewed and approved through the County Executive’s Contract Review Process and the Board of Commissioners’ Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accept this grant from Pet Smart Charities in the amount of $99,760 beginning February 2, 2011 through February 1, 2013. Commissioners Minutes Continued. February 9, 2011 68 BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant agreement and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original agreement as approved. BE IT FURTHER RESOLVED that the acceptance of this grant does not obligate the County to any further commitment. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Grant Review Sign Off – Animal Control Division on file in County Clerk’s offie. FISCAL NOTE (MISC. #11023) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF PUBLIC SERVICES/ANIMAL CONTROL DIVISION-PET SMART SPAY/NEUTER FREE ROAMING CAT GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: 1. The application for this grant was originally for the funding period of July 1, 2010 thru June 31, 2012. Pet Smart Charities has awarded Oakland County Animal Control Division funding for $99,760 to spay and/or neuter 3,440 cats that are free roaming within Oakland County. 2. The first installment of $29,000 will be sent with the approval of the grant. 3. The second installment of $70,760 begins February 2, 2012 thru February 1, 2013. 4. The grant period is from February 2, 2011 through February 1, 2013. 5. The FY2011, FY2012, and FY2013 Budget for Animal Control will be amended as follows: FY2011 FY2012 FY2013 Fund #29215 Animal Control Grants GR#0000000545 Revenue 1070801-114120-650104 Contributions Operating $29,000 $47,173 $23,587 Total Revenue $29,000 $47,173 $23,587 Expense 1070801-114120-730373 Contracted Services $29,000 $47,173 $23,587 Total Expenditures $29,000 $47,173 $23,587 FINANCE COMMITTEE Vote on Consent Agenda AYES: Crawford, Dwyer, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic, Covey. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). Commissioner Middleton stated that there were no items to report on the Regular Agenda for the Finance Committee. MISCELLANEOUS RESOLUTION #11024 BY: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION – ENHANCEMENT OF E-HEALTH SOFTWARE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Commissioners Minutes Continued. February 9, 2011 69 WHEREAS the Oakland County Department of Health and Human Services/Health Division (OCHD) and the Oakland County Department of Information Technology (OCIT) have developed the E-Health Foods Software for the purpose of implementing electronic management of OCHD’s food service establishment licensing inspection, and complaint enforcement responsibilities; and WHEREAS the E-Health Foods Software has been recognized nationally as a state of the art system for its intended purpose; and WHEREAS Intergovernmental utilization of the E-Health Foods Software provides shared data availability that will allow consistency and coordination between State and Local agencies for records, reports, and inspection and enforcement activities that currently does not exist; and WHEREAS OCHD and OCIT have identified upgrades that will improve the functionality and reduce the operating cost of the E-Health Foods Software, including the following:  Re-write the existing E-Health Foods and Scheduling modules in .Net with a SQL Server database to reduce ongoing maintenance and enhancement costs.  Net and a SQL Server database will allow potential future users outside of Oakland County to access the application via the Internet.  Design and develop E-Health Administration module to enable users to perform basic administrative functions such as user management, document management, and inspection management.  Redesign and develop the E-Health Complaints module to collect public complaint information per the national standard and allow users outside of Oakland County to use the application via the Internet; and WHEREAS the cost of these enhancements is estimated to be $353,260 in FY 2011 and $254,491 in FY 2012; and WHEREAS full funding for these enhancements is available as a result of General Fund savings realized from reimbursement agreements within the Health Division. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the implementation of the proposed enhancements to the E-Health Foods Software as outlined in this resolution at a cost not to exceed $353,260 in FY 2011 and $254,491 in FY 2012. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Moved by Long supported by Woodward the resolution be adopted. AYES: Dwyer, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodard, Zack, Bosnic, Covey, Crawford. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. REPORT BY: General Government Committee – Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – APPOINTMENTS TO THE JOB EVALUATION REVIEW PANEL To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered these appointments on January 24, 2011, hereby recommends that the following commissioners be appointed to the Job Evaluation Review Panel for a two-year term of January 1, 2011 – December 31, 2012. Commissioner John A. Scott Commissioner Mattie McKinney Hatchett Commissioner Craig Covey, alternate Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Commissioners Minutes Continued. February 9, 2011 70 Moved by Long supported by Gershenson the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report be accepted. Chairperson Michael Gingell asked if there were any other nominations. There were none. Moved by Long supported by Gershenson the appointments of Commissioners John A. Scott, Mattie McKinney Hatchett and Craig Covey - (alternate) to the Job Evaluation Review Panel for a Two Year Term ending December 31, 2012 be confirmed. Vote on appointment: AYES: Gershenson, Gingell, Gosselin, Greimel, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic, Covey, Crawford, Dwyer. (25) NAYS: None. (0) A sufficient majority having voted in favor, the appointments of Commissioners John A. Scott, Mattie McKinney Hatchett and Craig Covey - (alternate) to the Job Evaluation Review Panel for a Two Year Term ending December 31, 2012 was confirmed. REPORT (MISC. #11004) BY: General Government Committee – Christine Long, Chairperson IN RE: MR #11004 – BOARD OF COMMISSIONERS – 2011-2012 WOMEN’S COMMISSION FOR OAKLAND COUNTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered the above titled resolution on January 24, 2011, hereby recommends that the resolution be amended as follows: MISCELLANEOUS RESOLUTION #11004 BY: Commissioners Marcia Gershenson, District #17; and Christine Long, District #7 IN RE: BOARD OF COMMISSIONERS – 2011-2012 WOMEN’S COMMISSION FOR OAKLAND COUNTY ADVISORY COUNCIL To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Women’s Commission for Oakland County was established with the adoption of Miscellaneous Resolution #07236 for the purpose of conducting public forums and studying matters concerning women in Oakland County, the results of which were reported to the Oakland County Board of Commissioners; and WHEREAS Miscellaneous Resolution #09001 authorized the continuation of the Women’s Commission for Oakland County through December, 2010; and WHEREAS the Women’s Commission for Oakland County has provided educational forums, participated in community outreach projects and presented two annual reports addressing the status and needs of women, girls and families in Oakland County; and WHEREAS there is an ongoing need for the Women’s Commission for Oakland County to assist in determining the status and needs of women in Oakland County and identifying how Oakland County can assist in improving women’s improve health, safety, education, economic and social autonomy, earnings and employment - which would all contribute to the continued growth of Oakland County. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners re-establishes the Women’s Commission for Oakland County for a two one-year term, ending December 31, 2012 2011. BE IT FURTHER RESOLVED that the Women’s Commission for Oakland County may conduct public forums and study matters concerning women in Oakland County, and shall report their findings and activities annually to the Oakland County Board of Commissioners, through the General Government Committee, on or before the last scheduled Board of Commissioners’ meetings in 2011 and 2012. BE IT FURTHER RESOLVED that the Women’s Commission for Oakland County shall meet 4 times a year with additional meetings as necessary to conduct the business of the commission. Commissioners Minutes Continued. February 9, 2011 71 BE IT FURTHER RESOLVED that the Women’s Commission for Oakland County will comply with the Michigan Open Meetings Act. The meeting notices shall be posted. The minutes shall be submitted to the General Government Committee as information items. BE IT FURTHER RESOLVED that membership of the Women’s Commission for Oakland County shall consist of 25 members, each serving for a two one-year term that expires on December 31, 2012 2011. BE IT FURTHER RESOLVED that twenty-five (25) representatives will each be appointed by their respective Oakland County Commissioner, for a two one-year term. Each appointed person must reside in the district that his or her County Commissioner represents and serves at the pleasure of the appointing County Commissioner. BE IT FURTHER RESOLVED that two (2) Oakland County Commissioners shall be appointed to serve as ex-official members to the Women’s Commission for Oakland County. One (1) Commissioner from the majority party and one (1) Commissioner from the minority party will be recommended by the General Government Committee to the full Board of Commissioners for these non-voting ex-official appointments. BE IT FURTHER RESOLVED that the Women’s Commission for Oakland County is subject to federal, state and county laws, rules and regulations on lobbying, use of public monies for political purposes, standard of conduct and ethics. BE IT FURTHER RESOLVED that members of the Women’s Commission for Oakland County serve as volunteers and shall not be compensated. BE IT FURTHER RESOLVED that the Women’s Commission for Oakland County may solicit and accept funds, including gifts, donations, grants or any federal or state funds for purposes relating to its work as a Women’s Commission for Oakland County. The acceptance and use of any federal or state funds by the Women’s Commission for Oakland County commits no Oakland County funds and places no obligation upon Oakland County to continue the purposes for which the funds are made available. BE IT FURTHER RESOLVED that the Women’s Commission for Oakland County is not a political oriented organization and shall not play a role that magnifies political issues. BE IT FURTHER RESOLVED that the purpose of the Women’s Commission for Oakland County is to survey the status of women in Oakland County, assess their needs and hold informational forums. To this end, the Women’s Commission for Oakland County shall be authorized to: 1. Enact bylaws for its own governance. 2. Hold public meetings, fact-finding hearings and public forums to gather and disseminate information to the Oakland County Board of Commissioners, the County Executive, public agencies and the public. 3. Use voluntary services of private individuals, agencies and organizations which may be offered and needed from time to time. 4. Work with and obtain statistical information from Oakland County’s Planning and Economic Development Services Department and other governmental and human services agencies. 5. Provide a report to the Oakland County Board of Commissioners and County Executive on or before the last Board of Commissioners’ meeting of the 2011 and 2012 calendar years. Chairperson, we move the adoption of the foregoing resolution. MARCIA GERSHENSON, CHRISTINE LONG, HELAINE ZACK, CRAIG COVEY, JIM NASH, MATTIE HATCHETT, NANCY QUARLES, TIM GREIMEL, JIM RUNESTAD, PHILIP WIEPERT, DAVID POTTS, BILL DWYER, KATHY CRAWFORD, MICHAEL GINGELL, BETH NUCCIO, JEFF MATIS, TOM MIDDLETON Moved by Long supported by Gershenson the resolution be adopted. Moved by Long supported by Gershenson the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Long supported by Gershenson the resolution be amended to coincide with the recommendation in the General Government Committee Report. Commissioners Minutes Continued. February 9, 2011 72 A sufficient majority having voted in favor, the amendment carried. Discussion followed. Moved by Long supported by Gershenson the resolution be amended as follows: 1. The name shall change to Women’s Advisory Commission (different from what was passed in GG) – [In the title of resolution and wherever indicated in the text] 2. BE IT FURTHER RESOLVED that the appointees of the Women’s Advisory Commission shall be referred to as MEMBERS of the Advisory Commission and shall not present themselves as officials of Oakland County. 3. BE IT FURTHER RESOLVED that the structure of the Women’s Advisory Commission shall change to be a committee of the whole (rather than various individual committees) to allow focus on a single issue for a term or specific time period amongst the group in order to provide the best suggestions to the Board within the most timely manner and to increase and encourage member participation. 4. BE IT FURTHER RESOLVED that the practices of the Women’s Advisory Commission shall comply with the Open Meetings Act and all meetings shall be noticed; open to the public and have notes taken. 5. BE IT FURTHER RESOLVED that a quorum of the Women’s Advisory Commission shall be defined as 50% of the appointed individuals needing to be in attendance. 6. BE IT FURTHER RESOLVED that if an appointed member misses three (3) consecutive meetings without notice then the appropriate Commissioner shall have the ability to replace the individual with a new representative. 7. The term of the Women’s Advisory Commission will be extended until December 31, 2012 [to be reflected in resolution wherever indicated in the text] Vote on amendment: AYES: Gingell, Gosselin, Greimel, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic, Covey, Crawford, Dwyer, Gershenson. (25) NAYS: None. (0) A sufficient majority having voted in favor, the amendment carried. Moved by Middleton supported by Gershenson the resolution be amended as follows: I move to insert as the sixth BE IT FURTHER RESOLVED paragraph: BE IT FURTHER RESOLVED that the by-laws of the Women’s Commission (Women’s Advisory Council) shall not supersede the County Commissioner’s term of appointment pursuant to this resolution. Vote on amendment: AYES: Gosselin, Greimel, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic, Covey, Crawford, Dwyer, Gershenson, Gingell. (25) NAYS: None. (0) A sufficient majority having voted in favor, the amendment carried. Commissioners Minutes Continued. February 9, 2011 73 Discussion followed. Vote on resolution, as amended: AYES: Greimel, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic, Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolution, as amended, was adopted. REPORT BY: General Government Committee – Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – EX-OFFICIO APPOINTMENTS TO THE WOMEN’S COMMISSION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered these appointments on January 24, 2011, hereby recommends that Commissioners Long and Gershenson be appointed to the Women’s Commission for a one-year term ending December 31, 2011. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Moved by Long supported by Gershenson the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Chairperson Michael Gingell asked If there were any other nominations. There were none. Moved by Long supported by Gershenson the appointments of Commissioners Long and Gershenson to the Women’s Commission for a One Year Term ending December 31, 2011 be confirmed. Vote on appointments: AYES: Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic, Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Greimel. (25) NAYS: None. (0) A sufficient majority having voted in favor, the appointments of Commissioners Long and Gershenson to the Women’s Commission for a One Year Term ending December 31, 2011 was confirmed. REPORT (MISC. #11005) BY: General Government Committee – Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – APPOINTMENT OF AN AD HOC COMMITTEE TO EXPLORE TELEVISING AND/OR WEBCASTING BOARD OF COMMISSIONERS AND COMMITTEE MEETINGS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered the above titled resolution on January 24, 2011, hereby recommends that the resolution be amended as follows: MISCELLANEOUS RESOLUTION #11005 BY: Commissioner Jeff Matis, District #12; Gary McGillivray, District #24 IN RE: BOARD OF COMMISSIONERS – APPOINTMENT OF AN AD HOC COMMITTEE TO EXPLORE TELEVISING AND/OR WEBCASTING BOARD OF COMMISSIONERS AND COMMITTEE MEETINGS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Commissioners Minutes Continued. February 9, 2011 74 WHEREAS members of the Board of Commissioners have expressed an interest in broadcasting its Board and Committee meetings in the interests of transparency and educating the public on the work of the Board of Commissioners; and WHEREAS broadcasting Board and Committee meetings will allow citizens of Oakland County greater access to the workings of county government; and WHEREAS advances in technology have created more and varied ways of providing public access to meetings of elected bodies; and WHEREAS the Fiscal Year 2011 budget has an appropriation for broadcasting meetings; and WHEREAS the appointment of an Ad Hoc committee to study and report back to the Board the most effective and efficient method of broadcasting is appropriate. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners establishes an Ad Hoc committee, appointed by the Chair of the Board, to study and report back to the General Government Committee and the Board the most effective and efficient method of broadcasting its meetings. BE IT FURTHER RESOLVED that the Ad Hoc committee shall consist of two members of the majority party and one member of the minority party and such other non-commissioner members as the Board Chair deems appropriate. BE IT FURTHER RESOLVED that the General Government Committee recommend the appropriate appointments to the Board Chair. Chairperson, I move the foregoing resolution. MICHAEL GINGELL, CHRISTINE LONG, SHELLEY TAUB, MATTIE HATCHETT, JANET JACKSON, BETH NUCCIO, JIM NASH, KATHY CRAWFORD, CRAIG COVEY, BILL DWYER, HELAINE ZACK, JOHN SCOTT, MARCIA GERSHENSON, DAVID POTTS, TIM GREIMEL, PHILP WEIPERT, GARY McGILLIVRAY, JIM RUNESTAD, NANCY QUARLES, MIKE BOSNIC, DAVE WOODWARD, TOM MIDDLETON Moved by Long supported by Zack the resolution be adopted. Moved by Long supported by Zack the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Long supported by Zack the resolution be amended to coincide with the recommendation in the General Government Committee Report. A sufficient majority having voted in favor, the amendment carried. Vote on resolution, as amended: AYES: Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic, Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Greimel, Hatchett. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolution, as amended, was adopted. REPORT (MISC. #11002) BY: Human Resources Committee, John A. Scott, Chairperson IN RE: BOARD OF COMMISSIONERS- APPOINTMENT OF AN AD HOC COMMITTEE TO REVIEW THE OAKLAND COUNTY MERIT RULES AS THEY PERTAIN TO ETHICS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Commissioners Minutes Continued. February 9, 2011 75 The Human Resources Committee having reviewed MR #11002 on January 26, 2011 reports with the recommendation the resolution be amended as follows: Delete the last BE IT FURTHER RESOLVED paragraph: BE IT FURTHER RESOLVED that the General Government Committee recommend the appropriate appointments to the Board Chair. Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing Report. HUMAN RESOURCES COMMITTEE MISCELLANEOUS RESOLUTION #11002 BY: Commissioner John A. Scott, District #5 IN RE: BOARD OF COMMISSIONERS – APPOINTMENT OF AN AD HOC COMMITTEE TO REVIEW THE OAKLAND COUNTY MERIT RULES AS THEY PERTAIN TO ETHICS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County is well known for its high ethical standards and judicious use of tax dollars; and WHEREAS the standards of conduct for county employees are dictated by law and by the Oakland County Merit Rules; and WHEREAS it is prudent to review the Merit Rules from time to time to insure that they are current to today’s standards and take into account changes in the law and technology; and WHEREAS the appointment of an Ad Hoc committee to review the merit rules and report back to the Board of Commissioners is appropriate. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners establishes an Ad Hoc committee, appointed by the Chair of the Board, to review the current Merit Rules as they pertain to ethics and report their findings in a single document titled “Ethics”. BE IT FURTHER RESOLVED that the Ad Hoc committee shall consist of two members of the majority party and one member of the minority party and such other non-commissioner members as the Board Chair deems appropriate. BE IT FURTHER RESOLVED that the General Government Committee recommend the appropriate appointments to the Board Chair. Chairperson, I move the foregoing resolution. JOHN SCOTT, DAVID POTTS, MATTIE HATCHETT, PHILIP WEIPERT, NANCY QUARLES, JIM RUNESTAD, JANET JACKSON, CHRISTINE LONG, TIM GREIMEL, MIKE BOSNIC, HELAINE ZACK, ROBERT GOSSELIN, MARCIA GERSHENSON, THOMAS MIDDLETON, DAVE WOODWARD, SHELLEY TAUB, JIM NASH, MICHAEL GINGELL, BETH NUCCIO, KATHY CRAWFORD, BILL DWYER Moved by Scott supported by Greimel the resolution be adopted. Moved by Scott supported by Greimel the Human Resources Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Scott supported by Greimel the resolution be amended to coincide with the recommendation in the Human Resources Committee Report. A sufficient majority having voted in favor, the amendment carried. Vote on resolution, as amended: AYES: Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic, Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Hoffman. (25) Commissioners Minutes Continued. February 9, 2011 76 NAYS: None. (0) A sufficient majority having voted in favor, the resolution, as amended, was adopted. MISCELLANEOUS RESOLUTION #11025 BY: Planning and Building Committee, David Potts, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST FOR APPROVAL OF SUBLEASE AGREEMENT WITH THE NEW CINGULAR WIRELESS PCS, LLC FOR PLACEMENT OF RADIO COMMUNICATION EQUIPMENT 29828 WEST EIGHT MILE ROAD, CITY OF FARMINGTON, MICHIGAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners, pursuant to MR #98308, recognized that the County's current 800MHz radio system needed to be upgraded and expanded to encompass all public safety agencies and to create interoperability between public safety agencies; and WHEREAS the Oakland County Board of Commissioners, pursuant to MCL 484.1401 and MR #99279, authorized the levy of a four (4%) percent emergency telephone operational charge to pay for a new County-wide radio system that will have the ability to encompass all public safety agencies and create interoperability between public safety agencies; and WHEREAS to properly implement and operate the County-wide radio system, the County will need to build towers, lease land, and/or lease space on towers at sites throughout the County; and WHEREAS it is the recommendation of the Departments of Facilities Management and Information Technology that the Oakland County Board of Commissioners accept and approve the terms and conditions of the attached Sublease Agreement with New Cingular Wireless PCS, LLC.; and WHEREAS under the terms and conditions of the attached Sublease Agreement, the County will at County expense install, repair, operate and maintain communication equipment inclusive of antennae and related equipment on the existing radio tower and grounds located at 29828 West Eight Mile Road, City of Farmington, Michigan; and WHEREAS the County shall pay monthly rent in the amount of $800 dollars plus the pro-rata share of any applicable taxes. Further, the rent shall increase four percent annually; and WHEREAS the Departments of Facilities Management, Information Technology, and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached sublease agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached sublease agreement between the County of Oakland and New Cingular Wireless PCS, LLC. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached sublease agreement and any other documents related to the attached sublease between the County of Oakland and New Cingular Wireless PCS, LLC. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. Copy of Approval of Sublease Agreement with New Cingular Wireless PCS, LLC for Placement of Radio Equipment 29828 West Eight Mile Road, City of Farmington, Michigan Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #11025) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST FOR APPROVAL OF SUBLEASE AGREEMENT WITH THE NEW CINGULAR WIRELESS PCS, LLC FOR PLACEMENT OF RADIO COMMUNICATIONS EQUIPMENT AT 29828 WEST EIGHT MILE ROAD, CITY OF FARMINGTON, MICHIGAN To the Oakland County Board of Commissioners Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced Miscellaneous Resolution and finds: Commissioners Minutes Continued. February 9, 2011 77 1. Under the terms of the sublease agreement between the New Cingular Wireless PCS, LLC and Oakland County, the County shall install, repair, operate, and maintain communication equipment inclusive of antennae and related equipment on the existing tower and grounds located at 29828 West Eight Mile Road, City of Farmington, Michigan. 2. The sublease agreement will commence upon the execution by both parties, with an initial term of five (5) years, and may be automatically extended for four (4) additional five (5) year terms. 3. The County shall pay an application fee of $2,500 and monthly rent in the amount of $800 dollars plus the pro-rata share of any applicable taxes; rent shall increase 4% per year thereafter. 4. The County 9-1-1 Surcharge shall pay for the costs associated with this Sublease. 5. Sufficient funding has been included in Radio Communications Adopted Budget for FY 2011 – FY 2013 to cover the initial application fee and the monthly rental expense for the duration of the sublease agreement. 6. No budget amendment is recommended. FINANCE COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #11026 BY: Planning and Building Committee, David Potts, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST FOR APPROVAL OF SUBLEASE AGREEMENT WITH THE NEW CINGULAR WIRELESS PCS, LLC FOR PLACEMENT OF RADIO COMMUNICATION EQUIPMENT 24610 HALLWOOD COURT, FARMINGTON HILLS, MICHIGAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners, pursuant to MR #98308, recognized that the County's current 800MHz radio system needed to be upgraded and expanded to encompass all public safety agencies and to create interoperatibility between public safety agencies; and WHEREAS the Oakland County Board of Commissioners, pursuant to MCL 484.1401 and MR #99279, authorized the levy of a four (4%) percent emergency telephone operational charge to pay for a new County-wide radio system that will have the ability to encompass all public safety agencies and create interoperability between public safety agencies; and WHEREAS to properly implement and operate the County-wide radio system, the County will need to build towers, lease land, and/or lease space on towers at sites throughout the County; and WHEREAS it is the recommendation of the Departments of Facilities Management and Information Technology that the Oakland County Board of Commissioners accept and approve the terms and conditions of the attached Sublease Agreement with New Cingular Wireless PCS, LLC.; and WHEREAS under the terms and conditions of the attached Sublease Agreement, the County will at County expense install, repair, operate and maintain communication equipment inclusive of antennae and related equipment on the existing radio tower and grounds located at 24610 Hallwood Court, Farmington Hills, Michigan; and WHEREAS the County shall pay monthly rent in the amount of $800 dollars plus the pro-rata share of any applicable taxes. Further, the rent shall increase four percent annually; and WHEREAS the Departments of Facilities Management, Information Technology, and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached sublease agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached sublease agreement between the County of Oakland and New Cingular Wireless PCS, LLC. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached sublease agreement and any other documents related to the attached sublease between the County of Oakland and New Cingular Wireless PCS, LLC. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Commissioners Minutes Continued. February 9, 2011 78 Copy of Approval of Sublease Agreement with New Cingular Wireless PCS, LLC for Placement of Radio Equipment 24610 Hallwood Ct., Farmington Hills, Michigan Incorporated by Reference. Original on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #11027 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: SHERIFF'S OFFICE - CONTRACT FOR AUXILIARY DEPUTY SERVICES IN THE CITY OF ORCHARD LAKE 2011 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is policy of the Oakland County Board of Commissioners to permit the Sheriff’s Office to enter into contracts with local units of government for the purpose of providing Sheriff patrol services; and WHEREAS Miscellaneous Resolution #10262 adopted October 21, 2010, established the standard law enforcement services overtime rates for the period 2011; and WHEREAS the City of Orchard Lake has requested that the Oakland County Sheriff provide patrol services to the citizens of the City for special events within the City; and WHEREAS the City of Orchard Lake has requested that a contract for special events on an overtime basis for regular deputies be authorized; and WHEREAS this contract also involves the support of PTNE Mounted Deputies to patrol areas that are not accessible by other forms of transportation; and WHEREAS the Sheriff has agreed to contract for this service with the City of Orchard Lake; and WHEREAS this contract has been through the County Executive review process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached contract with the City of Orchard Lake for special events at rates established by this Board. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board to sign the agreement. BE IT FURTHER RESOLVED that this contract will take effect on March 1, 2011. BE IT FURTHER RESOLVED that one (1) GF/GP PTNE 240 hours /year. Mounted Deputy position be created in the Sheriff’s Office/Patrol Services/Contracted Patrol-Parks. BE IT FURTHER RESOLVED that the continuation of this position be contingent on future contract renewal. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Contract for Auxiliary Sheriff’s Deputy Services for the City of Orchard Lake Village Incorporated by Reference. Original on file in County Clerk’s office. The Chairperson referred the resolution to the Human Resources Committee and Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #11028 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: SHERIFF'S OFFICE-CONTRACT AMENDMENT #1 FOR LAW ENFORCEMENT SERVICES IN THE CHARTER TOWNSHIP OF OXFORD-2011 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Charter Township of Oxford has contracted with the Oakland County Sheriff's Department to provide law enforcement services for the Township (M.R. #10333); and WHEREAS paragraph 24 of this Contract provided that an amendment to this Contract must be approved by concurrent resolutions of both the Oakland County Board of Commissioners and the Oxford Township Board of Trustees; and WHEREAS the Charter Township of Oxford has approved a proposed amendment to the contract (Schedule A Deputies Contracted) which would delete one (1) Deputy II (no-fill) from the contract bringing Commissioners Minutes Continued. February 9, 2011 79 the number of Deputy II (no-fill) from twelve (12) to eleven (11) and the total number of contracts to thirteen (13); and WHEREAS the Sheriff has agreed to delete (1) Deputy II (no-fill) for the Charter Township of Oxford 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 2011 Law Enforcement Services Agreement with the Charter Township of Oxford to delete one (1) Deputy II (no-fill). BE IT FURTHER RESOLVED that one (1) GF/GP Deputy II position (#4030619 03490) be deleted in the Contract Patrol Unit, Patrol Services Division of the Sheriff’s Office. BE IT FURTHER RESOLVED that this amendment will take effect January 15, 2011. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Charter Township of Oxford 2011 SCHEDULE A SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY Rank(s) of SHERIFF'S DEPUTIES Number(s) of Sheriff's Deputies Contracted Bi-Weekly Charge to Municipality in 2011 Captain $6,660.76 Lieutenant $5,792.51 Patrol Sergeant $5,228.70 Detective Sergeant 1 $5,367.43 Deputy II (w/fill) $5,554.46 Deputy II (no-fill) 11 $4,667.23 Deputy II (no-fill/no- vehicle) $4,427.50 Patrol Investigator (no-fill) 1 $4,812.89 Deputy I (no-fill) $3,721.20 TOTAL 13 NOTE: For each PATROL DEPUTY II (WITH FILL-IN) identified above, ONLY the O.C.S.O. shall, at no additional cost to the MUNICIPALITY, provide a substitute (i.e., FILL-IN) SHERIFF'S DEPUTY to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY whenever a Commissioners Minutes Continued. February 9, 2011 80 PATROL DEPUTY II (WITH FILL-IN) is absent from the MUNICIPALITY during any 80 hour bi- weekly period for any reason except those reasons enumerated in Paragraph 5(a)(1) through Paragraph 5(a)(5) above. NOTE: No Trainees shall be assigned by the O.C.S.O. to perform the duties of any SHERIFF'S DEPUTY contracted for and assigned to perform LAW ENFORCEMENT SERVICES under the terms of this Agreement. OAKLAND COUNTY SHERIFF'S DEPARTMENT 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF OXFORD Amendment 1 ____________________________________________________________________________________ Pursuant to paragraph 24 of the 2011 Law Enforcement Services Agreement between the COUNTY and the CHARTER TOWNSHIP OF OXFORD, the parties hereby agree to amend said contract in accordance with the attached Schedules A. All other contractual provisions, of the 2011 Law Enforcement Services Agreement not otherwise affected by the attached Schedules A, remain in full force and effect. FOR AND IN CONSIDERATION of the mutual assurances, promises, acknowledgments, set forth in this Amendment 1 to the 2011 Law Enforcement Services Agreement, ("Amendment") and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the undersigned hereby execute this Amendment on behalf of the Parties, and by doing so legally obligate and bind the Parties to the terms and conditions of this Contract. IN WITNESS WHEREOF, Bill Dunn, Supervisor of the Charter Township of Oxford, hereby acknowledges that he has been authorized by a resolution of the Township Board, to execute this Amendment on behalf of the Municipality and hereby accepts and binds the Municipality to the terms and conditions of this Amendment. EXECUTED: __________________________ DATE: _______________ Bill Dunn, Supervisor WITNESSED: _________________________, Clerk DATE: _______________ Charter Township of Oxford IN WITNESS WHEREOF, Michael J. Gingell, Chairperson, Oakland County Board of Commissioners hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners, to execute this Amendment on behalf of Oakland County, and hereby accepts and binds Oakland County to the terms and conditions of this Amendment. EXECUTED: __________________________ DATE:_______________ Michael J. Gingell, Chairperson Oakland County Board of Commissioners WITNESSED: __________________________ DATE: _______________ Bill Bullard, Jr., Clerk County of Oakland Commissioners Minutes Continued. February 9, 2011 81 The Chairperson referred the resolution to the Human Resources Committee and Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #11029 BY: Commissioner Shelley G. Taub, District #16 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR THE FORMATION OF AN INTERIM REGIONAL MANAGEMENT COMMITTEE TO OVERSEE THE MANAGEMENT OF THE DETROIT WATER AND SEWERAGE DEPARTMENT AND WASTEWATER TREATMENT PLANT TO ENSURE COMPLIANCE WITH THE FEDERAL CLEAN WATER ACT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the governance of public institutions should be based on the guiding principles of integrity, legitimacy, fiduciary responsibility, accountability, as well as fair and equitable representation; and WHEREAS currently the Detroit Water Board is composed of seven members, appointed by the Mayor of the City of Detroit, that includes four Detroit representatives and one member (appointed by the Mayor of Detroit) each from Oakland, Wayne and Macomb Counties; and WHEREAS the Detroit Water and Sewerage Department (“DWSD”) serves 126 suburban communities in eight counties, with more than 75% of its 4.3 million water and sewer customers residing outside of Detroit; and WHEREAS despite over 30 years of “receivership” over Detroit Wastewater Treatment Plant (“WWTP”) and DWSD system by the federal District Court, there have been countless violations of state and federal law, breaches of the orders of the court, breaches of contract, and abuses by the existing governing structure; and WHEREAS in 2010 the State of Michigan again issued a notice of violation of the federal Clean Water Act to City of Detroit that will result in repairs to the DWSD WWTP estimated to cost the rate payers in the City of Detroit and Suburbs between $100 Million and $200 Million; and WHEREAS recent indictments of the former Detroit City Mayor Kilpatrick and former DWSD Director Mercado, failed DWSD leadership, and failed federal oversight of the DWSD system requires action to protect the city and suburban rate payers; and WHEREAS from time-to-time, legislation has been introduced with the intent to try address the concerns of the region; and WHEREAS although legislation may be a long-term remedy for addressing a more permanent governing structure for the DWSD system, short-term measures are necessary in order protect the immediate interests of the region; and WHEREAS in the short-term the proposal presented by the Water Resources Commissioner recommending the formation of a Interim Regional Management Committee (“IRMC”) comprised of the Mayor of the City of Detroit (or his designee), the Public Works Commissioner of Macomb County, the Water Resources Commissioner of Oakland County, the Wayne County Director of Department of Environment and a person designated by the federal court, with broad powers to control, manage, and operate the WWTP and DWSD, should be created by the federal District Court to ensure sustained compliance with federal Clean Water Act and other orders of federal court; and WHEREAS that the IRMC will provide a short term governing structure that will restore confidence to the region, providing appropriate oversight, greater accountability, cost savings, transparency and efficiencies for all of the rate payers within the region. NOW THEREFORE BE IT RESOLVED THAT the Oakland County Board of Commissioners supports the Water Resources Commissioner in his request to the federal court in the formation of a Interim Regional Management Committee (“IRMC”) comprised of the Mayor of the City of Detroit (or his designee), the Public Works Commissioner of Macomb County, the Water Resources Commissioner of Oakland County, the Wayne County Director of Department of Environment and a person designated by the federal court, with powers to control, manage, and operate the WWTP and DWSD, to ensure compliance with federal Clean Water Act and other orders of federal court. BE IT FURTHER RESOLVED THAT copies of this adopted resolution be forwarded to the Governor of the State of Michigan, federal District Court Judge Sean Cox, the Mayor of the City of Detroit, the County Executives for Wayne and Macomb Counties, Oakland County Water Resource Commissioner, Wayne County Director of Environment, Macomb County Public Works Commissioner, the Oakland County Commissioners Minutes Continued. February 9, 2011 82 delegation to the state legislature, the Michigan Association of Counties, the Michigan Municipal League and Oakland County’s legislative lobbyists. Chairperson, I move the adoption of the foregoing Resolution. SHELLEY TAUB, JEFF MATIS, MICHAEL GINGELL, KATHY CRAWFORD, DAVID POTTS, ROBERT GOSSELIN, TOM MIDDLETON, JIM NASH, MIKE BOSNIC, PHILIP WEIPERT, BETH NUCCIO, JOHN SCOTT, ROBERT HOFFMAN, BILL DWYER, CHRISTINE LONG The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #11030 BY: Commissioner David Woodward, District #18 IN RE: BOARD OF COMMISSIONERS – RESOLUTION SUPPORTING THE PRESERVATION AND PROTECTION THE MICHIGAN EARNED INCOME TAX CREDIT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the federal Earned Income Tax Credit (EITC) is a refundable tax credit for low to moderate income workers. For tax year 2010, the maximum federal EITC for a person or couple without qualifying children is $457, with one qualifying child is $3,050, with two qualifying children is $5,036, and with three or more qualifying children is $5,666; and WHEREAS the EITC was cited by President Ronald Reagan as “the best anti-poverty bill, the best pro- family measure, and the best job creation program ever to come out of the Congress of the United States; and WHEREAS Michigan adopted a state Earned Income Tax Credit for the 2009 tax year which provides a credit equivalent to 20% of the federal EITC but is not refundable; and WHEREAS 800,000 lower-income working families claim the Michigan EITC; and WHEREAS in 2006 nearly 54,000 Oakland County working families received $92 million in EITC to help afford basic family needs; and WHEREAS using 2006 estimates, those same working families received more than an additional $18 million in tax relief via the Michigan Earned Income Tax Credit to help meet family needs; and WHEREAS some members of the Michigan Legislature are proposing to raise taxes on nearly 800,000 lower income working families and their children by $330 million; and WHEREAS by eliminating the EITC, the average tax hike on poor families will be $400. Meanwhile, a family with a taxable income of $500,000 is going to get a tax cut of $500 from a scheduled income tax cut taking effect October 1, 2011; and WHEREAS without the EITC, an estimated 14,000 children in working families will be plunged into poverty and hurt children in 800,000 families; and WHEREAS studies show about 20 percent of adults who spend more than three years in poverty as a child will not receive a high school diploma. Michigan needs policies that create more college graduates – not more high school dropouts; and WHEREAS when a family receives its Michigan EITC check – which averages about $400 -- it is spent quickly on home repairs, auto repairs (helping ensure working families can get to work), children's needs, heating and lighting bills, and other local purchases; and WHEREAS Patrick L. Anderson, of the Anderson Economic Group, stated in a report that called the EITC an effective piece of public policy; and WHEREAS the Michigan League of Human Services, the Michigan Catholic Conference, and a growing number of other organizations are forming a coalition to preserve and protect the Michigan Earned Income Tax Credit; and WHEREAS the EITC is most often claimed by people who are waitresses, janitors, grocery cashiers, child care aides, nursing home workers, cooks, farm and agricultural processing workers, dishwashers and others who work hard and long hours at low-paying jobs. It is only available to those who work. Commissioners Minutes Continued. February 9, 2011 83 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby supports the preservation and protection of the Michigan Earned Income Tax Credit. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners opposes any legislative efforts to decrease or eliminate the Michigan Earned Income Tax Credit. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes our county commission lobbyist to assist in coalition efforts to support protection of the Michigan EITC. BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the Oakland County delegation of the Michigan Legislature, Governor Rick Snyder, all county media outlets, and the Michigan League for Human Services. Chairperson, we move the adoption of the foregoing resolution. DAVE WOODWARD, NANCY QUARLES, JANET JACKSON, MATTIE HATCHETT, CRAIG COVEY, JIM NASH, MARCIA GERSHENSON, GARY McGILLIVRAY, TIM GREIMEL, HELAINE ZACK The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #11031 BY: Commissioner Helaine Zack, District #22; Craig Covey, District #25; Marcia Gershenson, District #17 IN RE: BOARD OF COMMISSIONERS – REGIONAL WATER COLLABORATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County Water Resource Commissioner has filed a motion in federal court requesting that control of the Detroit Water and Sewerage Department (DWSD) be transferred to an interim regional management committee; and WHEREAS the membership of this proposed regional management committee would include the Mayor of the City of Detroit, the Macomb County Public Works Commissioner, the Oakland County Water Resources Commissioner, the Director of Wayne County’s Department of Environment, and a representative chosen by the court; and WHEREAS the Detroit water system has been under judicial oversight since the 1970s; unfortunately this oversight has not been successful in erasing systemic deficiencies, multi-million dollar contracts for consultants and allegations of impropriety; and WHEREAS regional collaboration would be a far more productive and cost effective approach to addressing DWSD operations, by providing for the open and transparent exchange of information, without the expensive and time consuming intervention through the courts in an adversarial environment; and WHEREAS Detroit Mayor Dave Bing and Detroit Councilman Gary Brown, have requested an opportunity to work together with regional leaders to address the issues within the Detroit Water and Sewerage Department; and WHEREAS reinventing the Detroit metropolitan region requires each of us to refocus our energies and work in collaboration to seek successful solutions and sustainable positive results for the betterment of Oakland County, the City of Detroit and the entire southeast Michigan region; and WHEREAS with the elected officials from the City of Detroit and the Counties of Wayne, Oakland and Macomb working in partnership, all of our constituents will benefit from our combined skill, knowledge, and innovation. This enhanced productivity and efficiency can transform the operations, quality and performance of a vital regional resource – the water system; and WHEREAS if regional leaders earnestly engage in respectful dialogues and cooperate to seek strategic solutions, the governance and operations of the Detroit Water and Sewerage Department has a realistic opportunity to achieve the highest standard of excellence, innovation and quality. An opportunity that is lost in an adversarial contest that is entangled in endless and costly litigation. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, hereby urge the elected leaders of Wayne, Oakland and Macomb County and the State of Michigan to work with the elected leaders of the City of Detroit to seek common solutions relative to issues facing the Detroit Water and Sewerage Department. Commissioners Minutes Continued. February 9, 2011 84 BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners urges the Oakland County Water Resources Commissioner to withdraw the Federal Court motion and instead, seek resolution to critical regional issues through regional collaboration, as opposed to divisive measures such as litigation. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to Governor Rick Snyder, Mayor Dave Bing, the members of the Detroit City Council, Judge Sean Cox, Macomb County Public Works Commission, the Oakland County Water Resources Commissioner, the Director of Wayne County’s Department of Environment, County Commissioners of Wayne County, County Commissioners of Macomb County, the County Executives for Wayne, Oakland and Macomb County, the legislative delegation from Wayne, Oakland and Macomb County, SEMCOG, and Oakland County’s legislative lobbyists. Chairperson, we move the adoption of the foregoing resolution. HELAINE ZACK, CRAIG COVEY, MARCIA GERSHENSON, GARY McGILLIVRAY, JANET JACKSON, NANCY QUARLES, DAVE WOODWARD The Chairperson referred the resolution to the Planning and Building Committee. There were no objections. MISCELLANEOUS RESOLUTION #11032 BY: Commissioner Helaine Zack, District #22 IN RE: BOARD OF COMMISSIONERS – ENCOURAGING ALL ELIGIBLE FAMILIES TO APPLY FOR THE FEDERAL AND MICHIGAN EARNED INCOME TAX CREDIT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Earned Income Tax Credit (EITC) has consistently earned broad bipartisan support since it’s inception by Congress in 1975, and most recently in Michigan in 2008; and WHEREAS the EITC is revered as the most significant anti-poverty program to date because it puts needed cash is the hands of the working poor and working parents with children, and rewards work; and WHEREAS eligibility for the EITC is based on income and number of dependents (go to www.irs.gov/eitc for exact details); and WHEREAS for tax year 2010: The maximum benefit for the federal EITC is $5,666 The maximum MI EITC is $1,133 (or 20% of the federal EITC received) The average federal EITC claim for an eligible Oakland County resident is $1,721 The average state EITC claim for an eligible Oakland County resident is $344; and WHEREAS according to a recent report by the Anderson Economic Group, Oakland County families will leave an estimated $26.5 million in unclaimed federal EITC monies; and WHEREAS for tax year 2009, those same families will leave an estimated $5.3 million in unclaimed Michigan State Earned Income Tax Credit; and WHEREAS Accounting Aid Society is a nonprofit organization that operates five free tax assistance centers in Oakland County and has that assisted more than 13,500 families receiving income tax refunds and tax credits in 2009 with the help of over 800 trained Accounting Aid Society volunteers. Since 1976, Accounting Aid Society has returned more than $167 million to low and moderate income residents in Wayne, Oakland, Macomb and Livingston counties, and in turn into our state's economy; and WHEREAS the total direct and indirect economic impact of the unclaimed state and federal EITCs by Oakland County families is estimated to be more than $57 million. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby urges all eligible families to apply for the federal and state 2009 EITC as they prepare their taxes this year. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners requests information regarding the EITC be placed on the county website and link to appropriate government and non-profit agencies that can help families learn more about the EITC and receive help is processing their EITC. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners requests all appropriate personnel to help support and promote awareness of the EITC in our communities. Chairperson, we move the adoption of the foregoing resolution. Commissioners Minutes Continued. February 9, 2011 85 HELAINE ZACK, BILL DWYER, CRAIG COVEY, ROBERT HOFFMAN, JANET JACKSON, TIM GREIMEL, MARCIA GERSHENSON, JIM NASH, GARY McGILLIVRAY, NANCY QUARLES The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #11033 BY: Commissioners Jim Nash, District #15; Marcia Gershenson, District #17 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR THE DETROIT RIVER INTERNATIONAL CROSSING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the impact of international trade on the economies of the United States and Canada cannot be overstated. Millions of jobs in both countries are supported as a direct result of our two countries sharing the world’s largest and most comprehensive trading relationship; and WHEREAS Canada/U.S. trade plays a significant role in the economies of both countries. It supports more than two million Canadian jobs and 7.1 million U.S. jobs, including approximately 221,500 jobs in Michigan; and WHEREAS Michigan accounts for more than half of the total U.S. trade with Canada with almost all of that handled at the Detroit and Port Huron international border crossings; and WHEREAS the importance of international trade continues to grow. Long-term traffic volumes across the border are expected to grow for both passenger and truck travel. The Detroit River International Crossing (DRIC) Study projects that over the next 30 years, passenger car traffic between Detroit and Windsor will increase by approximately 57%; truck traffic is projected to increase 128%; and WHEREAS the 87-mile border between Southeast Michigan and Southwest Ontario is North America's busiest and most valuable commercial border crossing. Over 40 percent of U.S. trade with Canada (our largest trading partner) crosses the border in Southeast Michigan; and WHEREAS the Ambassador Bridge is over 80 years old and does not have the capacity or connections to efficiently carry the volume of trucks projected as trade continues to grow; and WHEREAS in January 2009, the Federal Highway Administration issued a Record of Decision (ROD) approving the Detroit River International Crossing (DRIC) – a new border crossing between the U.S. and Canada. This means that the DRIC has received all required federal approvals not only in the US but also in Canada; and WHEREAS the project would link Ontario's Highway 401 and Michigan's I-75 by building a publicly owned six-lane span over the Detroit River between Detroit's industrial Delray neighborhood near Zug Island and Windsor's Brighton Beach area; and WHEREAS the four partner agencies on the project are MDOT, U.S. Federal Highway Administration, Transport Canada and Ontario's Transportation Ministry; and WHEREAS the Canadian government has offered to advance Michigan up to $550 million towards the construction of the non-toll financed improvements associated with the DRIC; and WHEREAS Governor Snyder fully supports this project and worked with MDOT Director Kirk Steudle to negotiate an agreement with the US DOT to allow the $550 million to be used to match other federal road funds. This means that MDOT would be able to match all available federal funds if an agreement on the DRIC can be reached; and WHEREAS the preferred construction and operation financing plan is for the private sector to build and operate the bridge, and it would collect tolls to pay its costs. The governments would jointly own the bridge; and WHEREAS estimates are that this project will create 10,000 direct jobs associated with the construction of the DRIC and help retain another 25,000 jobs in Michigan and draw about 3,500 jobs into Southeast Michigan from outside the state; and WHEREAS SEMCOG has included the DRIC as part of the adopted long-range transportation plan – Direction2035. Commissioners Minutes Continued. February 9, 2011 86 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby joins Governor Snyder in supporting the Detroit River International Crossing project, and encourages the Oakland County delegation of the Michigan Legislature to pass necessary legislation in support of it. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to Oakland County Executive L. Brooks Patterson, all Oakland County legislators, Senate Majority Leader Randy Richardville, House Speaker James Bolger, the Michigan Association of Counties, the Executives of Wayne, Macomb, Monroe and Livingston Counties, and Oakland County’s legislative lobbyists. Chairperson, we move the adoption of the foregoing Resolution. JIM NASH, MARCIA GERSHENSON, MATTIE HATCHETT, JANET JACKSON, DAVE WOODWARD, GARY McGILLIVRAY, TIM GREIMEL, NANCY QUARLES, HELAINE ZACK, BILL DWYER, CRAIG COVEY The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #11034 BY: Commissioner Robert Hoffman, District #2 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR LEGISLATION REFORM ON FILLING COUNTY COMMISSIONER VACANCIES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Public Act 261 of 1966, provides that when a seat on the Board of Commissioners becomes vacant in an odd numbered year, that vacancy shall be filled by a special election regardless of whether the Board of Commissioners has made an appointment to fill the vacancy; and WHEREAS the costs associated with holding Special Elections are generally not anticipated in the budgets of the affected local governments and thereby pose an unanticipated financial hardship on the impacted communities; and WHEREAS Michigan law currently provides that vacancies in offices of elected bodies, such as county- wide, township, city and school board officers, shall be filled by an appointee who serves until the next regularly scheduled general election; and WHEREAS filling a vacancy in the office of County Commissioners created in an odd-numbered year is an unreasonable exception in the law in that it requires unscheduled special elections to be held; and WHEREAS Oakland County Clerk/Register of Deeds Bill Bullard, Jr. has requested Michigan legislators to consider amending the state law to make the appointment and vacancy procedure for a County Commissioner consistent with the current law governing other local officials; and WHEREAS it would be both reasonable and prudent to save taxpayers dollars and lessen the burden on local governments by enacting legislation that makes the process for filling vacancies in the office of County Commissioners consistent with other local offices. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, hereby proclaim its support for the Oakland County Clerk/Register of Deeds Bill Bullard, Jr. and his effort to seek a change in Michigan’s law relative to requiring a special election, if a vacancy occurs in the office of County Commissioners in an odd-numbered year. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners urges the Michigan Legislature to adopt and Governor Snyder to enact legislation that makes the process for filling vacancies in the office of County Commissioners consistent with other local offices that allow an appointed replacement to serve until the next general election. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to Governor Snyder, the Oakland County delegation to the Michigan Legislature, the Michigan Association of Counties and Oakland County’s legislative lobbyists. Chairperson, we move the adoption of the foregoing resolution. ROBERT HOFFMAN, JOHN SCOTT, DAVID POTTS, SHELLEY TAUB, MICHAEL GINGELL, BILL DWYER, BETH NUCCIO, PHILIP Commissioners Minutes Continued. February 9, 2011 87 WEIPERT, MIKE BOSNIC, JIM RUNESTAD, ROBERT GOSSELIN, TOM MIDDLETON, CRAIG COVEY, KATHY CRAWFORD The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #11035 BY: Commissioner Nancy Quarles, District #23 IN RE: BOARD OF COMMISSIONERS – RECOGNIZING THE “GO RED FOR WOMEN” CAMPAIGN IN OAKLAND COUNTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the American Heart Association reports that more women die of cardiovascular disease and stroke than the next four causes of death combined, including all forms of cancer; and WHEREAS heart disease is still the No. 1 killer of women, taking the life of 1 in 3 women each year – this is nearly 500,000 American women; and WHEREAS to dispel the myths and raise awareness of heart disease as the number one killer of women, in 2004, the American Heart Association created Go Red For Women – a passionate, emotional, social initiative designed to empower women to take charge of their heart health and to educate women about heart disease and its prevention; and WHEREAS Go Red for Women is the American Heart Association's nationwide movement that celebrates the energy, passion and power we have as women to band together and fight heart disease, the No. 1 killer of American women; and WHEREAS Oakland County is supporting “Making It Your Mission” to fight heart disease and supporting Go Red For Women’s mission to stop heart disease in our lifetime; and WHEREAS the Oakland County Executive’s administration invited employees to participate in the fight against heart disease by wearing red for women on Friday, February 4, 2011. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, hereby proclaims its support for the “Go Red for Women Day” in Oakland County. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners applauds the initiative of the Oakland County program in encouraging Oakland County employees to support the fight against heart disease by wearing red for women on Friday, February 4, 2011, and making a voluntary $1.00 donation to the American Heart Association. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners proudly thanks employees and citizens who wore red in recognition of family, friends, and neighbors who have suffered from heart disease and as a show of support to fight this deadly disease. By working together to increase awareness about the risk factors for this devastating disease and taking actions to reduce them, we can save thousands of lives each year. Chairperson, we move the adoption of the foregoing resolution. NANCY QUARLES, GARY McGILLIVRAY, MATTIE HATCHETT, MARCIA GERSHENSON, TOM MIDDLETON, JIM NASH, CHRISTINE LONG, CRAIG COVEY, TIM GREIMEL, JANET JACKSON, HELAINE ZACK, BILL DWYER, DAVID POTTS, SHELLEY TAUB, PHILIP WEIPERT, MIKE BOSNIC, BETH NUCCIO Moved by Quarles supported by Middleton to suspend the rules and vote on Miscellaneous Resolution #11035 – Board of Commissioners – Recognizing the “Go Red for Women” Campaign in Oakland County. Commissioners Minutes Continued. February 9, 2011 88 Vote on motion to suspend the rules: AYES: Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic, Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Hoffman, Jackson. (25) NAYS: None. (0) A sufficient majority having voted in favor, the motion to suspend the rules and vote on Miscellaneous Resolution #11035 Board of Commissioners – Recognizing the “Go Red for Women” Campaign in Oakland County carried. Moved by Quarles supported by Middleton the resolution be adopted. Vote on resolution: AYES: Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic, Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Hoffman, Jackson, Long. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. The Board adjourned at 7:59 p.m. to the call of the Chair or February 17, 2011, at 9:30 a.m. BILL BULLARD JR. MICHAEL J. GINGELL Clerk Chairperson