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HomeMy WebLinkAboutMinutes - 2011.03.24 - 7635142 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES March 24, 2011 Meeting called to order by Chairperson Michael Gingell at 9:40 a.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, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodward. (23) EXCUSED ABSENCE WITH NOTICE: Matis, Zack. (2) Quorum present. Invocation given by Marcia Gershenson. Pledge of Allegiance to the Flag. Moved by Long supported by Covey the minutes of the March 9, 2011 Board Meeting be approved. A sufficient majority having voted in favor, the minutes were approved as printed. Moved by Taub supported by Greimel the agenda be approved as printed. AYES: Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Hoffman, Jackson, Long, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Bosnic. (23) NAYS: None. (0) A sufficient majority having voted in favor, the agenda was approved as printed. Chairperson Michael Gingell addressed the Board to introduce Jessica Cooper – Oakland County Prosecutor. Jessica Cooper – Oakland County Prosecutor addressed the Board to present a presentation on Medical Marihuana. Michael McCabe – Oakland County Undersheriff addressed the Board regarding Medical Marihuana. Commissioner Gershenson addressed the Board requesting a fact sheet be distributed to the Board of Commissioners on the Medical Marihuana. Discussion followed. Commissioners Minutes Continued. March 24, 2011 143 Chairperson Michael Gingell addressed the Board to thank Jessica Cooper – Oakland County Prosecutor for the presentation, he also stated that the Board of Commissioners could contact her office with any questions the citizens may have in their district; and that a resolution would be considered for this matter and would like input from all Commissioners. The following people addressed the Board during public comment: John Bowker – Community Mental Health Authority - Board member, Judy Cunningham - Oakland County Corporation Counsel, Shawn Ciavattone – Care House, and Lisa Plunkett. Moved by Quarles supported by McGillivray 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 162. The resolutions on the Consent Agenda follow (annotated by an asterisk {*}): *MISCELLANEOUS RESOLUTION #11057 BY: Finance Committee, Thomas Middleton, Chairperson IN RE: TREASURER’S OFFICE - AUTHORIZATION TO BORROW AGAINST DELINQUENT 2010 REAL PROPERTY TAXES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Board of Commissioners of the County of Oakland (the "County") has heretofore adopted a resolution establishing the Oakland County Delinquent Tax Revolving Fund (the "Fund") pursuant to Section 87b of Act No. 206, Public Acts of Michigan, 1893, as amended ("Act 206"); and WHEREAS the purpose of the Fund is to allow the Oakland County Treasurer (the "County Treasurer") to pay from the Fund any or all delinquent real property taxes that are due and payable to the County and any school district, intermediate school district, community college district, city, township, special assessment district, the State of Michigan or any other political unit for which delinquent tax payments are due; and WHEREAS it is hereby determined to be necessary for the County to borrow money and issue its notes for the purposes authorized by Act 206, particularly Sections 87c, 87d and 87g thereof; and WHEREAS it is estimated that the total amount of unpaid 2010 delinquent real property taxes (the "delinquent taxes") outstanding on March 1, 2011, will be approximately $160,000,000, exclusive of interest, fees and penalties. NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland, State of Michigan, as follows: Authorization of Borrowing 1. Pursuant to and in accordance with the provisions of Act 206, Public Acts of Michigan, 1893, as amended, and especially Sections 87c, 87d and 87g thereof, the County shall borrow the sum of not to exceed fifty million dollars ($50,000,000) and issue its notes (the "notes") therefor for the purpose of continuing the Fund for the 2010 tax year. The exact amount to be borrowed shall not exceed the amount of delinquent taxes outstanding on March 1, 2011, exclusive of interest, fees and penalties. The County Treasurer shall designate the exact amount to be borrowed after the amount of the 2010 delinquent taxes outstanding on March 1, 2011, or the portion of the 2010 delinquent taxes against which the County shall borrow, has been determined. Note Details 2. Pursuant to provisions of applicable law and an order of the County Treasurer, which order is hereby authorized, the notes may be issued in one or more series; shall be known as "General Obligation Limited Tax Notes, Series 2011" with a letter designation added thereto if the notes are issued in more than one series; shall be in fully registered form in denominations not exceeding the aggregate principal amounts for each maturity of the notes; shall be sold for not less than 98% of the face amount of the notes; shall bear interest at fixed or variable rates not to exceed the maximum interest rate permitted by applicable law; shall be dated, payable as to interest and in principal amounts, be subject to redemption in whole or in part prior to maturity, including any redemption premiums, and be subject to renewal, at such times and in such amounts, all as shall be designated in the order of the County Treasurer. Notes or portions of notes called for redemption shall not bear interest after the redemption date, provided funds are Commissioners Minutes Continued. March 24, 2011 144 on hand with the note registrar and paying agent to redeem the same. Notice of redemption shall be given in the manner prescribed by the County Treasurer, including the number of days’ notice of redemption and whether such notice shall be written or published, or both. If any notes of any series are to bear interest at a variable rate or rates, the County Treasurer is hereby further authorized to establish by order, and in accordance with law, a means by which interest on such notes may be set, reset or calculated prior to maturity, provided that such rate or rates shall at no time be in excess of the maximum interest rate permitted by applicable law. Such rates may be established by reference to the minimum rate that would be necessary to sell the notes at par; by a formula that is determined with respect to an index or indices of municipal obligations, reported prices or yields on obligations of the United States or the prime rate or rates of a bank or banks selected by the County Treasurer; or by any other method selected by the County Treasurer. Payment of Principal and Interest 3. The principal of and interest on the notes shall be payable in lawful money of the United States from such funds and accounts as provided herein. Principal shall be payable upon presentation and surrender of the notes to the note registrar and paying agent when and as the same shall become due, whether at maturity or earlier redemption. Interest shall be paid to the owner shown as the registered owner on the registration books at the close of business on such date prior to the date such interest payment is due, as is provided in the order of the County Treasurer. Interest on the notes shall be paid when due by check or draft drawn upon and mailed by the note registrar and paying agent to the registered owner at the registered address, or by such other method as determined by the County Treasurer. Note Registrar and Paying Agent 4. The County Treasurer shall designate, and may enter into an agreement with, a note registrar and paying agent for each series of notes that shall be the County Treasurer or a bank or trust company that is qualified to act in such capacity under the laws of the United States of America or the State of Michigan. The County Treasurer may from time to time designate a similarly qualified successor note registrar and paying agent. Alternatively, the County Treasurer may serve as note registrar and paying agent if so designated by written order of the County Treasurer. Disposition of Note Proceeds 5. The proceeds of the sale of the notes shall be deposited into a separate account in the Fund (the "2011 Account") and shall be used to continue the Fund. The County Treasurer shall pay therefrom and from unpledged funds in the Fund, uncommitted funds in the County General Fund and/or any other legally available funds, if the notes are sold at a discount, the full amount of the delinquent tax roll against which the County has borrowed, delivered as uncollected by any tax collector in the County and that is outstanding and unpaid on or after March 1, 2011, in accordance with the provisions of Act 206. If the notes are sold at a premium, the County Treasurer shall determine what portion of the premium, if any, shall be deposited in the 2011 Collection Account established in Section 6 hereof. 2011 Collection Account 6. There is hereby established as part of the Fund an account (hereby designated the "2011 Collection Account") into which account the County Treasurer shall place delinquent taxes against which the County has borrowed, and interest thereon, collected on and after March 1, 2011, all County property tax administration fees on such delinquent taxes, after expenses of issuance of the notes have been paid, any premium as determined pursuant to Section 5 hereof, and any amounts received by the County Treasurer from the County, the State of Michigan and any taxing unit within the County, because of the uncollectibility of such delinquent taxes. The foregoing are hereby established as funds pledged to note repayment. The County Treasurer shall designate the delinquent taxes against which the County shall borrow for each series of notes. Commissioners Minutes Continued. March 24, 2011 145 Note Reserve Fund 7. There is hereby authorized to be established by the County Treasurer a note reserve fund for the notes (the "2011 Note Reserve Fund") if the County Treasurer deems it to be reasonably required as a reserve and advisable in selling the notes at public or private sale. The County Treasurer is authorized to deposit in the 2011 Note Reserve Fund from proceeds of the sale of the notes, unpledged moneys in the Fund, uncommitted funds in the County General Fund and/or any other legally available funds, an amount not exceeding ten percent (10%) of the face amount of the notes. Security for Payment of Notes 8. All of the moneys in the 2011 Collection Account and the 2011 Note Reserve Fund, if established, and all interest earned thereon, relating to a series of notes are hereby pledged equally and ratably as to such series to the payment of the principal of and interest on the notes and shall be used solely for that purpose until such principal and interest have been paid in full. When moneys in the 2011 Note Reserve Fund, if established, are sufficient to pay the outstanding principal of the notes and the interest accrued thereon such moneys may be used to retire the notes. If more than one series of notes is issued, the County Treasurer by order shall establish the priority of the funds pledged for payment of each such series. In such case the County Treasurer may establish sub-accounts in the various funds and accounts established pursuant to the terms of this resolution as may be necessary or appropriate. Additional Security 9. Each series of notes, in addition, shall be a general obligation of the County, secured by its full faith and credit, which shall include the County's limited tax obligation, within applicable constitutional and statutory limits, and its general funds. The County budget shall provide that if the pledged delinquent taxes and any other pledged amounts are not collected in sufficient amounts to meet the payments of principal and interest due on each series of notes, the County, before paying any other budgeted amounts, will promptly advance from its general funds sufficient moneys to pay that principal and interest. The County shall not have the power to impose taxes for payment of the notes in excess of constitutional or statutory limitations. If moneys in the 2011 Collection Account and the 2011 Note Reserve Fund, if established, are not sufficient to pay the principal of and interest on the notes, when due, the County shall pay the same in accordance with this section, and may thereafter reimburse itself from the delinquent taxes collected. Release of Pledge of 2011 Collection Account 10. Upon the investment of moneys in the 2011 Collection Account in direct non-callable obligations of the United States of America in amounts and with maturities that are sufficient to pay in full the principal of and interest on the notes when due, any moneys in the 2011 Collection Account thereafter remaining may be released from such pledge created pursuant to Section 8 hereof and may be used to pay any or all delinquent real property taxes that are due the County and any school district, intermediate school district, community college district, city, township, special assessment district, the State of Michigan or any other political unit to which delinquent tax payments are due for any year or for any other purpose permitted by law. Sale of Notes 11. The County Treasurer is hereby authorized to offer the notes at public or private sale as determined by order of the County Treasurer and to do all things necessary to effectuate the sale, delivery, transfer and exchange of the notes in accordance with the provisions of this resolution. Notes of one series may be offered for sale and sold separately from notes of another series. If the notes are to be sold publicly, sealed proposals for the purchase of the notes shall be received by the County Treasurer for such public sale to be held at such time as shall be determined by the County Treasurer and notice thereof shall be published in accordance with law, once in The Bond Buyer or the Detroit Legal News, both of which are hereby designated as being a publication printed in the English language and circulated in this State that carries as a part of its Commissioners Minutes Continued. March 24, 2011 146 regular service, notices of sale of municipal bonds. Such notice shall be in the form prescribed by the County Treasurer. The County Treasurer is hereby authorized to cause the preparation of an official statement for the notes for the purpose of enabling compliance with SEC Rule 15c2-12 (the "Rule") and to do all other things necessary to enable compliance with the Rule. After the award of the notes, the County will provide copies of a final official statement (as defined in paragraph (e)(3) of the Rule) on a timely basis and in reasonable quantity as requested by the successful bidder or bidders to enable such successful bidder or bidders to comply with paragraph (b)(4) of the Rule and the rules of the Municipal Securities Rulemaking Board. Continuing Disclosure 12. The County Treasurer is hereby authorized to execute and deliver in the name and on behalf of the County (i) a certificate of the County to comply with the requirements for a continuing disclosure undertaking of the County pursuant to subsection (b)(5) or (d)(2) of the Rule, as applicable, and (ii) amendments to such certificate from time to time in accordance with the terms of such certificate (the certificate and any amendments thereto are collectively referred to herein as the "Continuing Disclosure Certificate"). The County hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. The remedies for any failure of the County to comply with and carry out the provisions of the Continuing Disclosure Certificate shall be as set forth therein. Execution and Delivery of Notes 13. The County Treasurer is hereby authorized and directed to execute the notes for the County by manual or facsimile signature and the County Treasurer shall cause the County seal or a facsimile thereof to be impressed or imprinted on the notes. Unless the County Treasurer shall specify otherwise in writing, fully registered notes shall be authenticated by the manual signature of the note registrar and paying agent. After the notes have been executed and authenticated, if applicable, for delivery to the original purchaser thereof, the County Treasurer shall deliver the notes to the purchaser or purchasers thereof upon receipt of the purchase price. Additional notes bearing the manual or facsimile signature of the County Treasurer and upon which the seal of the County or a facsimile thereof is impressed or imprinted may be delivered to the note registrar and paying agent for authentication, if applicable, and delivery in connection with the exchange or transfer of fully registered notes. The note registrar and paying agent shall indicate on each note that it authenticates the date of its authentication. The notes shall be delivered with the approving legal opinion of Dickinson Wright PLLC, attorneys of Detroit, Michigan. Municipal Financial Consultants Incorporated, Grosse Pointe Farms, Michigan, is hereby retained to act as financial consultant and advisor to the County in connection with the sale and delivery of the Notes. Exchange and Transfer of Fully Registered Notes 14. Any fully registered note, upon surrender thereof to the note registrar and paying agent with a written instrument of transfer satisfactory to the note registrar and paying agent duly executed by the registered owner or his or her duly authorized attorney, at the option of the registered owner thereof, may be exchanged for notes of any other authorized denominations of the same aggregate principal amount and maturity date and bearing the same rate of interest as the surrendered note. Each note shall be transferable only upon the books of the County, which shall be kept for that purpose by the note registrar and paying agent, upon surrender of such note together with a written instrument of transfer satisfactory to the note registrar and paying agent duly executed by the registered owner or his or her duly authorized attorney. Upon the exchange or transfer of any note, the note registrar and paying agent on behalf of the County shall cancel the surrendered note and shall authenticate, if applicable, and deliver to the transferee a new note or notes of any authorized denomination of the same aggregate principal amount and maturity date and bearing the same rate of interest as the surrendered note. If, at the time the note registrar and paying agent authenticates, if applicable, and delivers a new note pursuant to this section, payment of interest on the notes is in default, the note registrar and Commissioners Minutes Continued. March 24, 2011 147 paying agent shall endorse upon the new note the following: "Payment of interest on this note is in default. The last date to which interest has been paid is [place date]." The County and the note registrar and paying agent may deem and treat the person in whose name any note shall be registered upon the books of the County as the absolute owner of such note, whether such note shall be overdue or not, for the purpose of receiving payment of the principal of and interest on such note and for all other purposes, and all payments made to any such registered owner, or upon his or her order, in accordance with the provisions of Section 3 hereof shall be valid and effectual to satisfy and discharge the liability upon such note to the extent of the sum or sums so paid, and neither the County nor the note registrar and paying agent shall be affected by any notice to the contrary. The County agrees to indemnify and save the note registrar and paying agent harmless from and against any and all loss, cost, charge, expense, judgment or liability incurred by it, acting in good faith and without negligence hereunder, in so treating such registered owner. For every exchange or transfer of notes, the County or the note registrar and paying agent may make a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. The note registrar and paying agent shall not be required to transfer or exchange notes or portions of notes that have been selected for redemption. Book Entry System 16. At the option of the County Treasurer and notwithstanding any provisions of this resolution to the contrary, the County Treasurer is hereby authorized to enter into an agreement with a custodian or trustee for the purpose of establishing a "book entry" system for registration of notes to be fully registered. Pursuant to the provisions of such agreement, the notes may be registered in the name of the custodian or trustee for the benefit of other persons or entities. Such agreement shall provide for the keeping of accurate records and prompt transfer of funds by the custodian or trustee on behalf of such persons or entities. The agreement may provide for the issuance by the custodian or trustee of certificates evidencing beneficial ownership of the notes by such persons or entities. For the purpose of payment of the principal of and interest on the notes, the County may deem payment of such principal and interest, whether overdue or not, to the custodian or trustee as payment to the absolute owner of such note. Pursuant to provisions of such agreement, the book entry system for the notes may be used for registration of all or a portion of the notes and such system may be discontinued at any time by the County. The note registrar and paying agent for the notes may act as custodian or trustee for such purposes. Issuance Expenses 17. Expenses incurred in connection with the issuance of the notes, including without limitation any premiums for any insurance obtained for the notes, note rating agency fees, travel and printing expenses, fees for agreements for lines of credit, letters of credit, commitments to purchase the notes, remarketing agreements, reimbursement agreements, purchase or sales agreements or commitments, or agreements to provide security to assure timely payment of the notes, fees for the setting of interest rates on the notes and bond counsel, financial advisor, paying agent and registrar fees, all of which are hereby authorized, shall be paid by the County Treasurer from County property tax administration fees on the delinquent taxes, from any other moneys in the Fund not pledged to the repayment of notes and general funds of the County that are hereby authorized to be expended for that purpose. Replacement of Notes 18. Upon receipt by the County Treasurer of satisfactory evidence that any outstanding note has been mutilated, destroyed, lost or stolen, and of security or indemnity complying with applicable law and satisfactory to the County Treasurer, the County Treasurer may execute or authorize the imprinting of the County Treasurer's facsimile signature thereon and thereupon, and if applicable, a note registrar or paying agent shall authenticate and the County shall deliver a new note of like tenor as the note mutilated, destroyed, lost or stolen. Such new note shall be issued and Commissioners Minutes Continued. March 24, 2011 148 delivered in exchange and substitution for, and upon surrender and cancellation of, the mutilated note or in lieu of and in substitution for the note so destroyed, lost or stolen in compliance with applicable law. For the replacement of authenticated notes, the note registrar and paying agent shall, for each new note authenticated and delivered as provided above, require the payment of expenses, including counsel fees, which may be incurred by the note registrar and paying agent and the County in the premises. Any note issued under the provisions of this Section in lieu of any note alleged to be destroyed, lost or stolen shall be on an equal basis with the note in substitution for which such note was issued. Chargeback’s 19. For any principal payment date of the notes on or after January 1, 2014, the delinquent taxes on property foreclosed and sold pursuant to the provisions of Act 206 and against which the County has borrowed shall, if necessary to ensure full and timely payment of principal of and interest on the notes when due, be charged back to the taxing jurisdictions in such manner as determined by the County Treasurer. The proceeds of such chargeback’s shall be deposited in the 2011 Collection Account as security for payment of the notes as described in Section 8 hereof. The provisions of this section shall not limit the authority of the County Treasurer under the laws of the State of Michigan to charge back delinquent taxes under other circumstances or at other times. Purchase of Notes by County 20. All or any portion of the notes may be purchased or otherwise acquired by the County if the County Treasurer by order deems such purchase or acquisition to be in the best interest of the County. In such case, the County Treasurer is authorized to take such actions to effectuate the purchase or acquisition, including without limitation entering into an agreement to purchase or repurchase the notes. The purchase or other acquisition of notes by or on behalf of the County does not cancel, extinguish or otherwise affect the notes and the notes shall be treated as outstanding notes for all purposes of this resolution until paid in full. Issuance of Refunding Notes 21. The County shall refund all or part of the notes authorized hereunder and/or notes previously issued by the County to continue the Fund for prior tax years if and as authorized by order of the County Treasurer through the issuance of refunding notes (the "Refunding Notes") in an amount to be determined by order of the County Treasurer. Proceeds of the Refunding Notes may be used to redeem such notes and to pay issuance expenses of the Refunding Notes as authorized and described in Section 16 hereof. The County Treasurer shall have all the authority with respect to the Refunding Notes as is granted to the County Treasurer with respect to the notes by the other Sections hereof, including the authority to select a note registrar and paying agent, to apply to the Michigan Department of Treasury for approval to issue the Refunding Notes, if necessary, to cause the preparation of an official statement and to do all other things necessary to sell, execute and deliver the Refunding Notes. The Refunding Notes shall contain the provisions, shall be payable as to principal and interest and shall be secured as set forth herein and as further ordered by the County Treasurer. The Refunding Notes may be sold as a separate issue or may be combined in a single issue with other obligations of the County issued pursuant to the provisions of Act 206 as shall be determined by the County Treasurer. The County Treasurer is authorized to prescribe the form of Refunding Note and the form of notice of sale, if any, for the sale of Refunding Notes. Form of Notes 22. The notes shall be in the form approved by the County Treasurer, which approval shall be evidenced by the County Treasurer’s execution thereof. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE (The vote for this motion appears on page 162.) Commissioners Minutes Continued. March 24, 2011 149 *MISCELLANEOUS RESOLUTION #11055 BY: Commissioners Thomas Middleton, District #4; John A. Scott, District #5;Jim Runestad, District #6 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2011 APPROPRIATION – CHARTER TOWNSHIP OF WATERFORD – PROJECT NO. 50771 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the discretionary Tri-Party Road Improvement Program to assist Oakland County’s cities, villages and townships (CVTs) with the construction, maintenance and repair of roads located within the boundaries of an Oakland County CVT and under the supervision, direction and control of the Road Commission for Oakland County; and WHEREAS Miscellaneous Resolution #09221 established the revised Tri-Party Road Improvement Program – Funding and Project Approval Process; and WHEREAS Miscellaneous Resolution #09221, as amended by Miscellaneous Resolution #10045, provides that any discretionary Oakland County appropriation in support of the Tri-Party Road Improvement Program shall be distributed only from the designated General Fund Tri-Party Program fund balance and may be made only after completion of all of the following: 1. The Road Commission for Oakland County (RCOC) and an individual city, village, or township (CVT) have identified a specific project and said project is ready to be undertaken immediately; and 2. The RCOC has appropriated its 1/3 share of the funding for the project and transferred said appropriation to a specific project account; and 3. The CVT has authorized its 1/3 share of the funding for the project and has executed a written contract for payment with the RCOC; and 4. The Commissioner(s) representing the CVT requesting the project submits to the Board of Commissioners Finance Committee a resolution authorizing the appropriation of the County’s 1/3 share of the project from the General Fund Designated Fund Balance for Tri-Party Program. The resolution shall be approved by the Finance Committee and the full Board before any funds may be released from the Tri-Party Program designation account; and WHEREAS the Charter Township of Waterford, along with the Road Commissioner for Oakland County has identified a specific project and said project is ready to be undertaken immediately; and WHEREAS the Road Commission for Oakland County has appropriated its one-third (1/3) share of the funding for the identified project in the Charter Township of Waterford and said appropriation has been transferred to a specific project account; and WHEREAS the Charter Township of Waterford has demonstrated that it has authorized its one-third (1/3) share of the funding for the specified project and has executed a written contract for payment with the Road Commission for Oakland County; and WHEREAS Oakland County’s one-third (1/3) share of the Fiscal Year 2011 authorized amount of Tri- Party Road Improvement funding for the Charter Township of Waterford is $ 84,500. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Charter Township of Waterford as eligible for appropriation and authorizes the release of the specified Tri-Party Road Improvement Program funds from the Oakland County General Fund Designated Fund Balance. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to the Road Commission for Oakland County, Oakland County Fiscal Services and the Charter Township of Waterford. Chairperson, we move the adoption of the foregoing Resolution. THOMAS MIDDLETON, JOHN SCOTT JIM RUNESTAD Cost Participation Agreement Construction Crescent Lake Road at M-59 Charter Township of Waterford Board Project Number 50771, Exhibit A Tri-Party Program 2011 County Supported Road Improvements Crescent Lake Road at M-59 Charter Township of Waterford Board Project No. 50771 Incorporated by reference. Original on file in County Clerk’s office. Commissioners Minutes Continued. March 24, 2011 150 FISCAL NOTE (MISC. #11055) BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2011 APPROPRIATION – CHARTER TOWNSHIP OF WATERFORD – PROJECT NO. 50771 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. On December 9, 2010, the Board of Commissioners approved Miscellaneous Resolution #10312 which designated $3,764,945 in fund balance for the 2011 Tri-Party program for projects managed by the Road Commission for Oakland County (RCOC). 2. Funding of $84,500 is available in the General Fund Designated Fund Balance for Tri-Party 2011 and prior funding (account #371510) for project 50771. 3. This project is for the construction of a right-turn lane on Crescent Lake Road at M-59. 4. The FY 2011 budget is amended as follows: General Fund #10100 Revenue FY 2011 9010101-196030-665882 Planned Use of Fund Balance $84,500 Total Revenues $84,500 Expenditures 9010101-153010-740135 Tri-Party $84,500 Total Expenditures $84,500 FINANCE COMMITTEE (The vote for this motion appears on page 162.) *REPORT (MISC. #11054) BY: General Government Committee – Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – RECOGNIZING NATIONAL COUNTY GOVERNMENT MONTH IN OAKLAND COUNTY – APRIL 2011 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered the above titled resolution on March 14, 2011 hereby recommends that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #11054 BY: Commissioners Mattie McKinney Hatchett, District #10; Janet Jackson, District #21; Jim Nash, District #15; Shelley G. Taub, District #16 IN RE: BOARD OF COMMISSIONERS – RECOGNIZING NATIONAL COUNTY GOVERNMENT MONTH IN OAKLAND COUNTY – APRIL 2011 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the nation’s 3,066 counties provide a variety of essential public services to communities serving 300 million Americans; and WHEREAS Oakland County takes seriously its responsibility to protect and enhance the health, welfare and safety of its residents in sensible and cost-effective ways; and WHEREAS Oakland County Honors and thanks our residents who have served this country through military service; and WHEREAS county government delivers many important services to America’s veterans, military service members and their families, including physical and mental health, housing, employment, and justice; and Commissioners Minutes Continued. March 24, 2011 151 WHEREAS the National Association of Counties first celebrated National County Government Week in 1991, to raise public awareness and understanding about the roles and responsibilities of the nation’s counties to meet the needs of the community; and WHEREAS the National Association of Counties has encourages counties across the country to actively promote their own programs and services; and WHEREAS Oakland County and the National Association of Counties are working together to “Restore the Partnership” among all levels of government to better serve American communities. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby proclaims the month of April 2011, as National County Government Month in Oakland County, with the theme of “Serving Our Veterans, Armed Forces and Their Families”. BE IT FURTHER RESOLVED as part of the celebration of National County Government Month, the Oakland County Board of Commissioners will host the annual Youth in Government Day Program, in which local high school students are invited to meet with their County Commissioner and learn about county government. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners welcomes the Youth in Government participants as they continue along their pathway to become our future leaders. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to the Michigan Association of Counties and the National Association of Counties. Chairperson, we move the adoption of the foregoing Resolution. MATTIE HATCHETT, JANET JACKSON, JIM NASH, SHELLEY TAUB, NANCY QUARLES, GARY MCGILLIVRAY, TIM GREIMEL, CRAIG COVEY, HELAINE ZACK, MARCIA GERSHENSON, TOM MIDDLETON, PHILIP WEIPERT, ROBERT HOFFMAN, JOHN SCOTT, CHRISTINE LONG, BETH NUCCIO (The vote for this motion appears on page 162.) *MISCELLANEOUS RESOLUTION #11058 BY: Human Resources Committee, John Scott, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT - SALARY ADMINISTRATION PLAN 1st QUARTERLY REPORT FOR FY2011 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Salary Administration Plan approved by the Board of Commissioners for Salary Grades 1 - 21 provides a process for departments and employees to request a review of the salary grade placement of classifications; and WHEREAS the 1st Quarterly Report for FY 2011 identifies the job studies conducted and the salary grade changes recommended by the Human Resources Department after completion of this review process; and WHEREAS funding is available in the Classification and Rate Change fund to implement GF/GP salary grade changes resulting from this Salary Administration Quarterly Report recommendations. NOW THEREFORE BE IT RESOLVED that the Oakland Board of Commissioners authorizes implementation of the Salary Administration Plan 1st Quarterly Report for FY 2011, which includes the following classification changes: Salary Grade Total Points Classification From To From To Youth Specialist Supervisor 10 10 346 351 BE IT FURTHER RESOLVED to create the following new classifications: Classification Title Salary Grade Total Points Treatment Services Clinician I 11 375 Commissioners Minutes Continued. March 24, 2011 152 Treatment Services Clinician II 13 441 BE IT FURTHER RESOLVED that the following positions be reclassified with no change in salary grade: Position Number From Grade To 1060501-00170 1060501-01572 1060501-03133 1060501-07772 1060501-09176 1060501-10935 Clinical Psychologist II Social Worker II Social Worker II Social Worker II Clinical Psychologist II Clinical Psychologist I 13 13 13 13 13 11 Treatment Services Clinician II Treatment Services Clinician II Treatment Services Clinician II Treatment Services Clinician II Treatment Services Clinician II Treatment Services Clinician I Chairperson, on behalf of the Human Resources Committee, I move the adoption of the foregoing resolution. HUMAN RESOURCES COMMITTEE (The vote for this motion appears on page 162.) *MISCELLANEOUS RESOLUTION #11048 BY: Planning and Building Committee, David Potts, Chairperson IN RE: WATER RESOURCES COMMISSIONER - REQUEST FOR $150,000 LOAN FROM THE LONG TERM REVOLVING FUND FOR THE DRAYTON PLAINS DRAIN REPAIR PROJECT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Drayton Plains Drain was established, designed and constructed under the Michigan Drain Code of 1956, MCL 280.1 et seq., as amended (“Drain Code”) and is located in Waterford Township; and WHEREAS the Drayton Plains Drain is in serious need of repair due to flooding that has affected private properties and public roads within the drainage district and vehicular travel on Williams Lake Road; and WHEREAS the Water Resources Commissioner has prepared an estimated cost to repair the Drayton Plains Drain (“Project”) in the amount of $150,000 plus interest attached hereto as Exhibit A; and WHEREAS the Project consists of constructing approximately 300 lineal feet of 18” dia. concrete pipe and approximately 530 lineal feet of ditch cleanout along the original route of the drain; and WHEREAS Miscellaneous Resolution #02019, adopted February 21, 2002, established a Long Term Revolving Fund to assist in the financing of infrastructure projects; and WHEREAS Miscellaneous Resolution #02019 authorized loans up to $150,000; and WHEREAS in order to pay for the costs associated with the Project, the Drayton Plains Drainage District requests a loan from the Long Term Revolving Fund in the amount of $150,000 plus interest with the understanding that the drainage district agrees to pay back to the County over a period of five (5) years with assessments on properties and municipalities benefiting from the Project. NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland, Michigan, as follows: 1. The County Board of Commissioners hereby authorizes a loan not to exceed $150,000 plus interest from the County’s Long Term Revolving Fund to the Drayton Plains Drain Drainage District with an annual interest rate to be determined in accordance with County policy at the time the funds are disbursed for the costs associated with the Project. 2. The loan shall be applied to all costs for the Project including interest and evidenced by an inter- local agreement between the County and the Drayton Plains Drain Drainage District. 3. The proceeds of the loan shall not be disbursed to the drainage district until and only after all proceedings approving the Project as provided in the Drain Code have been completed and the time for contesting the validity of said proceedings, if any, has passed. Disbursal of said funds will occur when the Water Resources Commissioner provides notice to County Treasurer and County Fiscal Services that all necessary drainage proceedings have been completed. Commissioners Minutes Continued. March 24, 2011 153 4. The Chairperson is hereby authorized to execute an inter-local agreement between the County and the Drayton Plains Drain Drainage District subject to the approval as to the form by Corporation Counsel. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Contract, Exhibit A Drayton Plains Drain Repair January 25, 2011 Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #11048) BY: Finance Committee, Tom Middleton, Chairperson IN RE: WATER RESOURCES COMMISSIONER – REQUEST FOR $150,000 LOAN FROM THE LONG TERM REVOLVING FUND FOR THE DRAYTON PLAINS DRAIN REPAIR PROJECT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Drayton Plains Drainage District is requesting a $150,000 loan from the Long-Term Revolving Fund to be used to repair the Drayton Plains Drain. 2. Miscellaneous Resolution #02019 authorized that monies be made available for loans to local units for amounts up to $150,000. 3. The Water Resources Commissioner is authorized to compute all the costs and prepare a special assessment roll for all the lands benefited by the Drayton Plains Drain. 4. The drain repair project will be managed by the Drayton Plains Drainage District and full repayment of the loan, with applicable interest, will come from the 5 year special assessment roll approved by the Water Resources Commissioner for this project. 5. Also, #89276 states that an interest rate no less than the prevailing six-month Treasury Bill rate should be charged. The six-month Treasury Bill rate is quite a bit lower than the average interest rate from the Treasurer’s pooled investments and therefore the rate to be charged will be the Treasurer’s pooled investment average annual rate as of March 2, 2011, which is 1.47%. 6. Funding is currently available in the Long-Term Revolving Fund to issue a loan in the amount of $150,000 to the Drayton Plains Drainage District. 7. No budget amendment is required. FINANCE COMMITTEE (The vote for this motion appears on page 162.) *REPORT (MISC. #11049) BY: Human Resources Committee, John A. Scott, Chairperson IN RE: DEPARTMENT OF CENTRAL SERVICES – SUPPORT SERVICES DIVISION REORGANIZATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee having reviewed MR #11049 on March 16, 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 #11049 BY: Planning and Building Committee, David Potts, Chairperson IN RE: DEPARTMENT OF CENTRAL SERVICES - SUPPORT SERVICES DIVISION REORGANIZATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Commissioners Minutes Continued. March 24, 2011 154 WHEREAS the County consistently researches cost-effective ways to provide necessary services; and WHEREAS the Department of Central Services, Support Services Division is contracting with Oakland Schools to provide printing services for the County to reduce printing costs over the long term; and WHEREAS a reorganization is proposed to better align staff with the services provided; and WHEREAS a majority of the positions were paid from proprietary funds, however the reorganization provides a projected net savings of $269,993 to the general fund budget; and WHEREAS this reorganization deletes, creates and reclassifies positions. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the following reorganization of the Department of Central Services/Support Services Division: 1. Delete the following positions: Dept-Position Number Position Title Funding Status 1030830-01966 Supervisor-Materials Mgt. & Printing PR FTE 1030830-01619 Printing Equipment Operator III PR FTE 1030830-00839 Printing Equipment Operator II PR FTE 1030830-00862 Printing Equipment Operator II PR FTE 1030830-03515 Printing Equipment Operator II PR FTE 1030830-09189 Printing Equipment Operator II PR FTE 1030830-02468 Printing Equipment Operator II PR FTE 1030830-06785 Clerk II/Delivery Person PR FTE 1030803-10880 Clerk II/Delivery Person GF/GP FTNE 1030803-10881 Clerk II/Delivery Person GF/GP FTNE 1030830-04135 Seasonal Laborer PR PTNE 1030830-07830 Seasonal Laborer PR PTNE 2. Delete the Printing unit (1030830). 3. Create one (1) GF/GP part-time non-eligible 1000 hours/year Clerk II/Delivery Person in the Record Retention/Mail unit (1030803). 4. Create a new classification and GF/GP full-time eligible position titled Support Services Equipment Operator at a salary grade 6, non-exempt for overtime, in the Record Retention/Mail unit (1030803). 5. Re-title the following position and classification: Position Number Current Position Title New Position Title 1030803-02145 Mail Services Supervisor Mail Services Coordinator 6. Reclassify the following positions: Position Number Current Position Title New Position Title 1030803-01863 Mail Services Leader Office Supervisor II 1030803-07168 Property Control Clerk Office Assistant II 7. Delete the following classifications: Supervisor-Materials Management & Printing Mail Services Leader Printing Equipment Operator I, II and III Property Control Clerk Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Oakland County Central Services/Support Services Budget Amendment for FY 2011-2013 on file in County Clerk’s office. FISCAL NOTE (MISC. #11049) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF CENTRAL SERVICES - SUPPORT SERVICES DIVISION REORGANIZATION 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. March 24, 2011 155 1. Oakland Schools is currently providing printing services to County departments thus allowing the closing of the Printing, Mailing and Convenience Copier fund. 2. Central Services/Support Services Division will continue the mailing program with all activity being reported in the General fund. The total program cost will be offset by revenues from external customers for mailing and printing. 3. The annual savings from deletion of the following positions in the Printing Mailing Fund is $593,293 of which $351,319 is salaries and $241,974 is fringe benefits: One (1) FTE Supervisor Materials Mgt & Printing One (1) FTE Printing Equipment Operator III Five (5) FTE Printing Equipment Operator II One (1) FTE Clerk II Delivery Person Two (2) PTNE Seasonal Laborer 4. The annual savings from deletion of two (2) FTNE Clerk II Delivery Person positions in the General Fund is $60,192 of which $55,992 is salaries and $4,200 is fringe benefits. 5. Since the Department of Information Technology will manage the Convenience Copier program, budget amendments will be made to the IT fund to recognize revenue and expenses. 6. The annual cost to create one (1) GF/GP FTE Equipment Operator position is $50,512 of which $31,046 is salaries and $19,466 is fringe benefits. 7. The annual cost to upgrade the Mail Service Leader is $2,576. 8. The annual cost to create one (1) GF/GP PTNE Clerk II Delivery position for 1000 hours is $14,032 of which $13,460 is salaries and $572 is fringe benefits. 9. Departmental budgets for General Fund/General Purpose funds will be amended to recognize savings from reduced Printing rates with an estimated 15% savings which totals $68,540 for FY 2011 and $137,560 for FY 2012 and FY 2013. 10. Departmental budgets for General Fund/General Purpose funds will be amended to recognize savings from reduced Mailing Costs at an estimated savings of 9% which totals $38,935 for FY 2011 and $77,864 for FY 2012 and FY 2013. 11. Savings to Special Revenue and Proprietary Funds are approximately $47,042 annually. Budget amendments for future years will be included in the FY 2012/FY 2013/ FY 2014 County Executive Recommended budget. 12. After closing the Printing Mailing and Copier fund, establishing the Mailing program budget in the General fund and recognizing the cost to contract out for printing services, the net savings to the General fund is $95,366 for FY 2011, $188,158 for FY 2012 and $181,727 for FY 2013. This savings will be used towards budget transition. 13. Due to the closing of the fund, the remaining Fund Balance will be transferred to the General Fund. 14. The FY 2011, FY 2012, and FY 2013 Budget for General Fund/ General Purpose Funds and Printing, Mailing and Convenience Copier Fund is amended per Schedule A. FINANCE COMMITTEE (The vote for this motion appears on page 162.) *MISCELLANEOUS RESOLUTION #11050 BY: Planning and Building Committee, David Potts, Chairperson IN RE: PARKS AND RECREATION COMMISSION – WATERFORD OAKS BOUNDARY SPLIT AND COMBINATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Parks and Recreation Commission, at its regular meeting of February 2, 2010, authorized the department to approve the boundary split and combination at Waterford Oaks County Park; and WHEREAS the County of Oakland is the owner of Waterford Oaks County Park located in Waterford Township; and WHEREAS the current park boundary includes 17 individual parcels of land, including portions of land shared by the Oakland County Parks and Recreation Commission’s administration complex with Oakland County Children’s Village; and Commissioners Minutes Continued. March 24, 2011 156 WHEREAS consolidation of these individual parcels of land improve management of park lands by consolidating Parcel Identification Numbers (PIN) into one individual PIN with one complete boundary description for future master planning, development, natural resource management, etc.; and WHEREAS Oakland County Facilities Maintenance and Operations staff have agreed to the parcel split as an internal land management effort; and WHEREAS Waterford Township prefers boundary combinations for zoning and master planning purposes. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes and approves the boundary split and combination at Waterford Oaks County Park. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Oakland County Parks and Recreation Design and Development Sketch of Overall Combined description Waterford Oaks County Park on file in County Clerk’s office. FISCAL NOTE (MISC. #11050) BY: Finance Committee, Tom Middleton, Chairperson IN RE: PARKS AND RECREATION COMMISSION - WATERFORD OAKS BOUNDARY SPLIT AND COMBINATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced Miscellaneous Resolution and finds: 1. The County of Oakland is the owner of Waterford Oaks County Park located in Waterford Township. 2. The current park boundary includes 17 individual parcels of land, including portions of land shared by the Oakland County Parks and Recreation Commission’s administration complex with Oakland County Children’s Village. 3. The Oakland County Facilities Maintenance and Operations staff have agreed to the land parcel split as an internal land management effort. 4. The Township of Waterford prefers land parcel boundary combinations for zoning and master planning purposes. An application fee to the Township of Waterford of approximately $500 is anticipated. 5. The land parcels boundary split and combination was recommended for approval by the Oakland County Parks and Recreation Commission on February 2, 2011. 6. No General Fund/General Purpose funding is required for this acquisition. 7. Sufficient funding is available in the Oakland County Parks and Recreation Commission’s Fiscal Year 2011 Operating Budget. Therefore, no budget amendment is recommended. FINANCE COMMITTEE (The vote for this motion appears on page 162.) *MISCELLANEOUS RESOLUTION #11051 BY: Planning and Building Committee, David Potts, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS – WASTE RESOURCE MANAGEMENT – APPROVAL OF 2011 NO HAZ INTERLOCAL AGREEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County and its northern municipalities are committed to protection of the natural environment and preventing toxic materials from entering our waterways and landfill resources; and WHEREAS the improper handling and disposal of toxic and poisonous household chemicals poses a health risk to our citizens; and WHEREAS recognizing there is a need to provide regular and easily accessible household hazardous waste collection services to North Oakland residents; and Commissioners Minutes Continued. March 24, 2011 157 WHEREAS collection events for household hazardous waste are widely accepted as the best way to provide citizens with a safe way to dispose of these toxic and poisonous household chemicals, meet Phase II Stormwater Protection requirements, encourage pollution prevention and enhance environmental health and safety in the home; and WHEREAS Oakland County, through its Waste Resource Management Division has facilitated the creation of the North Oakland Household Hazardous Waste Consortium (NO HAZ); and WHEREAS participating municipalities in North Oakland County have appointed an official representative to the NO HAZ Consortium Board; and WHEREAS the NO HAZ Consortium has developed a household hazardous waste collection program; and WHEREAS the municipalities recognize and agree that absent an agreement with the County, the County has no obligation to facilitate such a program; and WHEREAS the County’s Corporation Counsel has reviewed and approved an Interlocal Agreement between the County and a number of municipalities in North Oakland County for the creation of a program to collect household hazardous waste; and WHEREAS the following municipalities have approved the Interlocal Agreement: Addison Township, Groveland Township, City of Lake Angelus, Oakland Township, Oxford Township, Orion Township, City of Rochester, City of Rochester Hills; and WHEREAS the Interlocal Agreement requires participating municipalities to fully reimburse the County for all costs it incurs in connection with the NO HAZ program. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached Interlocal Agreement and authorizes the Chairperson of the Board of Commissioners to sign the Agreement with all municipalities who have signed the Interlocal Agreement and passed a resolution in support thereof. Chairperson, on behalf of the Planning & Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE North Oakland County Household Hazardous Waste Interlocal Agreement between Oakland County and Name of Municipality, Exhibit A 2011 Projected No HAZ Budget, Exhibit B 2011 No HAZ Estimated Costs on file in County Clerk’s office. FISCAL NOTE (MISC. #11051) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS – WASTE RESOURCE MANAGEMENT – APPROVAL OF 2011 NO HAZ INTERLOCAL AGREEMENT 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: 1. Oakland County has facilitated the creation of the North Oakland Household Hazardous Waste Consortium (NO HAZ) to provide household hazardous waste collection services to residents of northern Oakland County. 2. The resolution approves the 2011 NO HAZ Interlocal Agreement and authorizes the Chairperson of the Board of Commissioners to sign the Agreement with all municipalities who have signed the Interlocal Agreement and passed a resolution in support thereof. 3. The Interlocal Agreement requires participating municipalities to fully reimburse the County for all costs incurred in connection with the NO HAZ Program. 4. The FY 2011 Budget includes revenue and expenditure appropriations for the 2011 NO HAZ Program. Therefore, no budget amendment is required. FINANCE COMMITTEE (The vote for this motion appears on page 162.) Commissioners Minutes Continued. March 24, 2011 158 *MISCELLANEOUS RESOLUTION #11052 BY: Planning and Building Committee, David Potts, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - APPROVAL AND ACCEPTANCE OF LEASE AGREEMENT WITH THE RADEMACHER GROUP ONE, LLC FOR USE OF PROPERTY AT 5850 LORAC DR., CLARKSTON, MICHIGAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is responsible for providing courthouse facilities for the four divisions of the 52nd District Court; and WHEREAS the 52nd District Court 2nd Division is presently housed in a leased building located at 5850 Lorac Dr., Clarkston, Michigan; and WHEREAS at the present time no adequate County owned facility exists within the court’s jurisdiction, which would accommodate the Court's functions; and WHEREAS the Department of Facilities Management and the Rademacher Group One, LLC have negotiated the terms and conditions of the attached Lease Agreement, which will allow the Court to continue to occupy the existing courthouse located at 5850 Lorac Dr. for a five year term with the option to extend the lease for an additional five years; and WHEREAS the initial term of the new lease shall commence on June 1, 2011 and expire on May 31, 2016. Rent for said term shall be at a rate of $20.16 per square foot or $22,054.95 monthly or $264,659.39 annually. Rent shall increase at a rate of 1.5% per year beginning June 1, 2012 through the end of the initial term of this lease. Rent shall increase at a rate of 2% per year during the option term of the lease; and WHEREAS it is the recommendation of the Department of Facilities Management that the Oakland County Board of Commissioners accept and approve the terms and conditions of the attached Lease Agreement; and WHEREAS the Departments of Facilities Management 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 Lease Agreement for use of office facilities at 5850 Lorac Dr., Clarkston, Michigan between the County of Oakland and the Rademacher Group One, LLC. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Lease Agreement and all other related documents between the County of Oakland and the Rademacher Group One, LLC, which may be required. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Approval of Lease Agreement with the Rademacher Group One, LLC 52-2 Clarkston District, Exhibit A Items to be Replaced/Repaired by Landlord 5850 Lorac Dr. Clarkston, MI on file in County Clerk’s office. FISCAL NOTE (MISC. #11052) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – APPROVAL AND ACCEPTANCE OF LEASE AGREEMENT WITH THE RADEMACHER GROUP ONE, LLC FOR USE OF PROPERTY AT 5850 LORAC DR., CLARKSTON, MICHIGAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The resolution authorizes a five year lease with the Rademacher Group One, LLC for the building located at 5850 Lorac Drive in Clarkson, Michigan that provides courthouse facilities for the 52-2 District Court. 2. The Department of Facilities Management with the assistance of Corporation Counsel has negotiated terms and conditions of the new lease with the Rademacher Group One, LLC. Commissioners Minutes Continued. March 24, 2011 159 3. The lease agreement provides the Court to continue to occupy the existing courthouse for a five year term with the option to extend the lease for an additional five years. 4. The initial term of the new lease shall commence June 1, 2011 and expire on May 31, 2016. Rent for said term will be $22,055 per month or $264,659 annually. Rent shall increase at a rate of 1.5% per year beginning June 1, 2012 through the end of the initial term of the lease and shall increase at a rate of 2% per year during the option term of the lease. 5. The following budget amendment is recommended to the FY 2011– 2013 Adopted Budget for the cost reduction stated in the lease agreement. General Fund (#10100) FY 2011 FY 2012 FY 2013 Expenditure 3020301-121020-731626 Rent $(2,173) $(5,197) $(1,208) 9010101-196030-740023 Budget Transition (Non Dept) 2,173 5,197 1,208 $ 0 $ 0 $ 0 FINANCE COMMITTEE (The vote for this motion appears on page 162.) *MISCELLANEOUS RESOLUTION #11059 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: PROSECUTING ATTORNEY, CIRCUIT COURT - FAMILY DIVISION, AND CHILDRENS VILLAGE – PROGRAM YEAR 2011 JUVENILE ACCOUNTABILITY BLOCK GRANT (JABG) ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Department of Human Services has awarded grant funding to the Prosecuting Attorney, Circuit Court - Family Division, and Children’s Village under the Juvenile Accountability Block Grant (JABG) for the program year of April 1, 2011 through March 31, 2012; and WHEREAS this is the thirteenth (13th) year of grant acceptance for this program; and WHEREAS the Department of Human Services has awarded Oakland County a grant totaling $128,095 of which $115,287 is from the State as a Federal pass-through, and the balance of $12,808 is the County’s match amount; and WHEREAS the required 10% County match is included in the Fiscal Year 2011 and Fiscal Year 2012 Non-departmental Adopted Budget; and WHEREAS the multi-departmental grant award provides project funding focusing on areas of opportunity to increase accountability for juvenile criminal offenses and increase accountability in the juvenile system; and WHEREAS the grant program consists of four projects: 1) Children’s Village Information Sharing Database Management System, 2) Prosecutor funding for a dedicated projector for presentations on Community Awareness of Gang Activity and digital crimes, 3) Prosecutor Accountability – Teen Court program continuation and 4) Circuit Court Juvenile Drug Court Art Through Photography program continuation; and WHEREAS the grant award continues funding for one (1) Probation Officer I position (4010201-09330) and also provides funding for contractual consultant services; and WHEREAS the grant agreement has completed the County Executive Contract Review Process and been processed according to the Board of Commissioners Grant Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts grant funding from the Department of Human Services in the amount of $128,095 including County matching funds of $12,808 for the program year period of April 1, 2011 through March 31, 2012. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment, and continuation of the special revenue position is 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. Commissioners Minutes Continued. March 24, 2011 160 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 – Multi-Departmental: Prosecuting Attorney, Circuit Court – Family Division, Children’s Village on file in County Clerk’s office. FISCAL NOTE (MISC. #11059) BY: Finance Committee, Tom Middleton, Chairperson IN RE: PROSECUTING ATTORNEY, CIRCUIT COURT - FAMILY DIVISION, AND CHILDRENS VILLAGE – PROGRAM YEAR 2011 JUVENILE ACCOUNTABILITY BLOCK GRANT (JABG) ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Michigan Department of Human Services has awarded grant funding in the amount totaling $128,095 to the Prosecuting Attorney, Circuit Court-Family Division, and Children’s Village under the Juvenile Accountability Block Grant (JABG) for the period of April 1, 2011 through March 31, 2012. 2. The grant award provides funding for the following projects: Circuit Court Juvenile Drug Court Facilitator for Art Therapy through Photography program continuation for $2,000; Prosecutor Accountability - Teen Court program continuation for $80,460, and Children’s Village Information Sharing Database Management System for $45,635. 3. The State contribution is $115,287 (90%) and the County grant match is $12,808 (10%), with the grant match available in the General Fund Non-departmental grant match line item of the Fiscal Year 2011 Budget. 4. In addition to the County match requirements, the County is expected to incur administrative and support costs of $4,417, which have been included in the Fiscal Year 2011. This grant does not allow for recovery of those costs. 5. The grant continues funding for one (1) FTE Probation Officer I (position number 4010201- 122060-09330), also this award provides funding for contractual consultant services; data base management system contractual services, and expendable equipment a projector. 6. The FY 2011 Budget is amended as follows: Amended Adopted Amendment Budget GENERAL FUND (#10100) FY 2011 FY 2011 FY 2011 9090101-196030-730800 Grant Match $ -0- ($ 12,808) ($ 12,808) 9010101-112700-788001-20293 Transfer Out -0- 4,564 4,564 3010401-121240-788001-27365 Transfer Out -0- 200 200 4010201-122060-788001-27365 Transfer Out -0- 8,044 8,044 Total General Fund Transfers $ -0- $ -0- $ -0- CHILD CARE FUND (#20293) Revenues Children’s Village 9090101-112700-695500 Transfer In from Grant $- 0- $ 4,564 $ 4,564 Total Child Care Fund Rev $ -0- $ 4,564 $ 4,564 Expenditures 1060501-112090-788001-27365 Transfer Out $ -0- $ 4,564 $ 4,564 Total Child Care Fund Exp $ -0- $ -0- $ -0- JABG GRANT FUND (#27365) Grant Number: GR0000000559 Commissioners Minutes Continued. March 24, 2011 161 Revenue 4010201-122060-610313 Grants – Federal $ 66,817 $ 4,249 $ 71,066 4010201-122060-695500-10100 Transfer In 7,424 470 7,894 3010401-121240-610313 Grants - Federal 1,350 450 1,800 3010401-121240-695500-10100 Transfer In 150 50 200 1060501-112090-610313 Grants - Federal 51,263 (10,192) 41,071 1060501-112090-695500-10100 Transfer In 5,696 ( 1,132) 4,564 4010101-122060-610313 Grants - Federal 0 1,350 1,350 4010101-122060-695500-10100 Transfer In 0 150 150 Total JABG Grant Revenues $132,700 (( ($ 4,605) $128,095 Expenditures Prosecuting Attorney Teen Court Program 4010201-122060-702010 Salaries $49,273 $( 739) $ 48,534 4010201-122060-722740 Fringe Benefits 24,968 5,458 30,426 Total Prosecuting Attorney Exp. 74,241 $4,719 78,960 Circuit Court Drug Court 3010401-121240-730373 Contracted Services $ 1,500 $ 500 $ 2,000 Total Circuit Court Drug Court Exp. $ 1,500 $ 500 $ 2,000 Children’s Village 1060501-112090-730373 Contracted Services $ 56,959 ($11,324) $45,635 Total Children’s Village Exp. $ 56,959 ($11,324) $45,635 Prosecuting Attorney – Juvenile Justice 4010201-122060-750170 Other Expend. Equip. $ 0 $1,500 $ 1,500 Total Prosecuting Attorney – Juv. Justice $ 0 $1,500 $ 1,500 Total JABG Grant Fund Expenditures $132,700 ( ($ 4,605) $128,095 FINANCE COMMITTEE (The vote for this motion appears on page 162.) *MISCELLANEOUS RESOLUTION #11060 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: SHERIFF’S OFFICE - AUTHORIZATION FOR SALE OF RECOVERED AND STOLEN PROPERTY IN SPRING AUCTION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the provisions of Act 54 of the Public Act of 1959, as amended, requires board authorization for the disposal of recovered and stolen property that has been unclaimed for six (6) months; and WHEREAS the Department of Central Services conducts a spring and fall auction for the County of Oakland; and WHEREAS the spring auction will be held on Saturday, May 14, 2011; and WHEREAS the Sheriff of Oakland County, by letter of March 7, 2011, has requested the authority of the Oakland County Board of Commissioners to proceed with the sale of the aforementioned items, as detailed in the attached list, in the spring auction. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the Sheriff of Oakland County to dispose of unclaimed property in the manner prescribed in Act 54 of the Public Acts of 1959, as amended. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Commissioners Minutes Continued. March 24, 2011 162 Copy of Oakland County Online Auction on file in County Clerk’s office. Vote on Consent Agenda: AYES: Dwyer, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Hoffman, Jackson, Long, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Bosnic, Covey, Crawford. (23) 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). REPORT (MISC. #11003) BY: Finance Committee, Thomas Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – APPOINTMENT OF AN AD HOC COMMITTEE TO REVIEW OAKLAND COUNTY POLICIES CONCERNING TRANSPARENCY IN GOVERNMENTAL REPORTING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above referenced resolution on March 17, 2011, reports with the recommendation that the resolution be adopted and recommends to the Board Chairperson that Commissioners Middleton, Potts and Greimel be appointed. Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report. FINANCE COMMITTEE MISCELLANEOUS RESOLUTION #11003 BY: Commissioner Thomas F. Middleton, District #4 IN RE: BOARD OF COMMISSIONERS – APPOINTMENT OF AN AD HOC COMMITTEE TO REVIEW OAKLAND COUNTY POLICIES CONCERNING TRANSPARENCY IN GOVERNMENTAL REPORTING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County has been a leader in financial reporting and is recognized with the Distinguished Budget Presentation Award for its budget and program budget presentations; and WHEREAS Oakland County maintains an outstanding website including information on its budget and finances; and WHEREAS technology exists to allow for even more information to be made available on-line; and WHEREAS some information should not be made available to the public in order to protect the safety of individuals having contacts with the police or courts or other county agencies; and WHEREAS a review of county policies regarding what should or should not be posted on-line to ensure maximum transparency and yet protect citizens who may need to have their identity confidential is appropriate; and WHEREAS an Ad Hoc committee, appointed by the Chair of the Board, to study county policies including, but not limited to, checkbook on line should be established to assure that the policies are current. 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 county policies regarding what information should or should not be available on-line. 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. THOMAS MIDDLETON, SHELLEY TAUB, TIM GREIMEL, ROBERT GOSSELIN, MATTIE HATCHETT, JEFF MATIS, JANET JACKSON, MIKE BOSNIC, HELAINE ZACK, KATHY CRAWFORD, MARCIA GERSHENSON, Commissioners Minutes Continued. March 24, 2011 163 MICHAEL GINGELL, JIM NASH, CRAIG COVEY, DAVE WOODWARD Moved by Middleton supported by Woodward the resolution be adopted. Moved by Middleton supported by Woodward the Finance Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Middleton supported by Woodward 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: Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Bosnic, Covey, Crawford, Dwyer. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolution, as amended was adopted. REPORT (MISC. #11034) BY: General Government Committee – Christine Long, Chairperson 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: The General Government Committee, having considered the above titled resolution on March 14, 2011 hereby recommends that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #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 Commissioners Minutes Continued. March 24, 2011 164 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 WEIPERT, MIKE BOSNIC, JIM RUNESTAD, ROBERT GOSSELIN, THOMAS MIDDLETON, CRAIG COVEY, KATHY CRAWFORD Moved by Long supported by Potts the resolution be adopted. Moved by Long supported by Potts the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Vote on resolution: AYES: Gingell, Gosselin, Hoffman, Long, Middleton, Nuccio, Potts, Runestad, Scott, Taub, Weipert, Bosnic, Covey, Crawford, Dwyer. (15) NAYS: Greimel, Hatchett, Jackson, McGillivray, Nash, Quarles, Woodward, Gershenson. (8) 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 COMMUNITY MENTAL HEALTH AUTHORITY BOARD To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered these appointments on March 14, 2011, hereby recommends that the following individuals be appointed to the Community Mental Health Authority Board for a three-year term beginning April 1, 2011 and ending March 31, 2014. Appointee Seat Designation Dr. Robert Klotz Mental Health Provider Myrna LeBrun General Public Sidney Rubin General Public Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Copy of Oakland County Board of Commissioners Application Form for Appointment to Boards, Committees, and Commission on file in County Clerk’s office. Moved by Long supported by Potts the General Government Committee Report be accepted. Commissioners Minutes Continued. March 24, 2011 165 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 Hatchett the appointment of Dr. Robert Klotz to the Community Mental Health Authority Board - Mental Health Provider Seat for a three-year term beginning April 1, 2011 and ending March 31, 2013 be confirmed. Vote on appointment: AYES: Gosselin, Greimel, Hatchett, Hoffman, Jackson, Long, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Bosnic, Covey, Crawford, Dwyer, Gershenson, Gingell. (23) NAYS: None. (0) A sufficient majority having voted in favor, the appointment of Dr. Robert Klotz to the Community Mental Health Authority Board - Mental Health Provider Seat for a three-year term beginning April 1, 2011 and ending March 31, 2013 was confirmed. Chairperson Michael Gingell asked if there were any other nominations. There were none. Moved by Long supported by Hatchett the appointment of Myrna LeBrun to the Community Mental Health Authority Board - General Public Seat for a three-year term beginning April 1, 2011 and ending March 31, 2013 be confirmed. Vote on appointment: AYES: Greimel, Hatchett, Hoffman, Jackson, Long, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Bosnic, Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin. (23) NAYS: None. (0) A sufficient majority having voted in favor, the appointment of Myrna LeBrun to the Community Mental Health Authority Board - General Public Seat for a three-year term beginning April 1, 2011 and ending March 31, 2013 was confirmed. Chairperson Michael Gingell asked if there were any other nominations. Commissioner Nash nominated John Paul Torres. Discussion followed. Chairperson Michael Gingell stated when the Clerk calls the roll you are to state whether you are voting for Sidney Rubin or John Paul Torres. The vote for Community Mental Health Authority Board - General Public Seat for a three-year term beginning April 1, 2011 and ending March 31, 2013, reads as follows, listing the Commissioner and their selection in parenthesis: Hatchett (Rubin), Hoffman (Rubin), Jackson (Torres), Long (Rubin), McGillivray (Torres), Middleton (Rubin), Nash (Torres), Nuccio (Rubin), Potts (Rubin), Quarles (Torres), Runestad (Rubin), Scott (Rubin), Taub (Rubin), Weipert (Rubin), Woodward (Torres), Bosnic (Rubin), Covey (Torres), Crawford (Rubin), Dwyer (Rubin), Gershenson (Rubin), Gingell (Rubin), Gosselin (Rubin), Greimel (Torres). SUMMARY OF VOTES Member of Community Mental Health Authority Board, General Public Seat Sidney Rubin: (16) John Paul Torres: (7) Commissioners Minutes Continued. March 24, 2011 166 Moved by Long supported by Potts the appointment of Sidney Rubin to the Community Mental Health Authority Board - General Public Seat for a three-year term beginning April 1, 2011 and ending March 31, 2013 be confirmed. A sufficient majority having voted in favor, the appointment of Sidney Rubin to the Community Mental Health Authority Board - General Public Seat for a three-year term beginning April 1, 2011 and ending March 31, 2013 was confirmed. Commissioner Scott stated that there were no items to report on the Regular Agenda for the Human Resources Committee. MISCELLANEOUS RESOLUTION #11061 BY: Planning and Building Committee, David Potts, Chairperson IN RE: DEPARTMENTS OF FACILITIES MANAGEMENT AND THE WATER RESOURCES COMMISSIONER - APPROVAL AND ACCEPTANCE OF LEASE AGREEMENT WITH D'ANCO PROPERTIES, LLC FOR USE OF INDUSTRIAL BUILDING AND STORAGE YARD AT 30750 W 8 MILE ROAD, FARMINGTON HILLS, MICHIGAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Water Resources Commissioner presently provides water main service and maintenance operations to numerous communities in south Oakland County; and WHEREAS at the present time the County does not own a suitable facility in south Oakland County, which would accommodate the maintenance operations and material storage needs of the Water Resources Commissioner; and WHEREAS it is the recommendation of the Departments of the Water Resources Commissioner and Facilities Management that the Oakland County Board of Commissioners accept and approve the terms and conditions of the attached Lease Agreement; and WHEREAS under the terms and conditions of the attached Lease Agreement, the Water Resources Commissioner would continue to occupy approximately 4,300-sf of the industrial building and the north 150-ft. of the storage yard located at 30750 W. 8 Mile Road in the City of Farmington Hills for a period of three years with the option to extend the lease for an additional three years. Rental rate during the initial term: $3,800.00 per month or $45,600 per year. Rental rate for the option term: $4,000 per month or $48,000 per year. The lease may be terminated by the County upon 90 days written notice; and WHEREAS the Departments of Facilities Management 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 Lease Agreement for use of part of the industrial building and storage yard at 30750 W. 8 Mile Road, Farmington Hills, Michigan between the County of Oakland and D'ANCO Properties, LLC. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Lease Agreement and all other related documents between the County of Oakland and D'ANCO Properties, LLC, 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 Acceptance and Approval of Lease with D’Anco Properties, LLC for Water Resources Commissioner Maintenance/Storage Facility 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 #11062 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: SHERIFF'S OFFICE-PAINT CREEK TRAILWAYS CONTRACT FOR LAW ENFORCEMENT SERVICES FOR THE 2011 SEASON To the Oakland County Board of Commissioners Commissioners Minutes Continued. March 24, 2011 167 Chairperson, Ladies and Gentlemen: WHEREAS it is the policy of the Oakland County Board of Commissioners to permit the Sheriff's Office to enter into contractual agreements for the purpose of Law Enforcement Patrol Services; and WHEREAS the Paint Creek Trailways Commission has requested a contract between the County and Paint Creek Trailways for Law Enforcement Patrol Services for the 2011 season; and WHEREAS the Sheriff's Office, in conjunction with the Paint Creek Trailways, is proposing to contract for services per the attached agreement for Part Time Non-Eligible Mounted Deputies; and WHEREAS the rates for the 2011 season are included in the contract and the Department of Management and Budget is in agreement; and WHEREAS Corporation Counsel has approved this contract. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board and the Oakland County Sheriff to enter into the attached agreement with the Paint Creek Trailways for the purpose of Law Enforcement Patrol Services at the rates included in the attached contract. BE IT FURTHER RESOLVED that continuation of the additional 500 hours added per Miscellaneous Resolutions #06129 are contingent upon renewal of this agreement. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Paint Creek Trailways Contract for Sheriff Law Enforcement Services 2011, Attachment A 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 #11063 BY: Commissioners Shelley G. Taub, District #16; Michael J. Gingell, District #3; Helaine Zack, District #22; Marcia Gershenson, District #17; Mike Bosnic, District #10; Craig Covey, District #25 IN RE: BOARD OF COMMISSIONERS – DESIGNATION OF APRIL 24, 2011 AS ARMENIAN MARTYR’S DAY IN OAKLAND COUNTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in 1915, the Ottoman Turkish Empire undertook a brutal, genocidal campaign of hatred against the people of Armenian descent in that Empire; and WHEREAS this attempted genocide claimed the lives of nearly 1.5 million Armenians; and WHEREAS the survivors of this massacre were forced from their homeland and scattered around the world; and WHEREAS some 30,000 people of Armenian descent now reside in Southeast Michigan; and WHEREAS April 24th has been designated by community and religious leaders as Armenian Martyr’s Day, a day of Memorial observance; and WHEREAS even as we confront the inhumanity of 1915, we also are inspired by the remarkable spirit, strength, tenacity and courage of the Armenian people and their contributions which have enriched our communities, spurred our economy, and strengthened our democracy; and WHEREAS the Oakland County Board of Commissioners desires to join in this observance to commemorate the victims of these crimes against humanity and express our desire that these horrors are never forgotten. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby declare April 24, 2011, and each subsequent anniversary, in perpetuity, to be Armenian Martyr’s Day in Oakland County. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to the Armenian Embassy in Washington, DC. Chairperson, we move the adoption of the foregoing resolution. SHELLEY TAUB, MICHAEL GINGELL, HELAINE ZACK, MARCIA GERSHENSON, MIKE BOSNIC, CRAIG COVEY, THOMAS MIDDLETON, ROBERT GOSSELIN, CHRISTINE LONG, PHILIP WEIPERT, Commissioners Minutes Continued. March 24, 2011 168 ROBERT HOFFMAN, JOHN SCOTT, BILL DWYER, BETH NUCCIO, KATHY CRAWFORD The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #11064 BY: Commissioner Kathy Crawford, District #9 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR MICHIGAN PRODUCTS AND ENCOURAGING OAKLAND COUNTY RESIDENTS TO “BUY MICHIGAN” To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan is in the midst of the worst economic crisis in a generation; and WHEREAS Oakland County has been a leader in identifying emerging sectors and encouraging diversifying our state’s economy; and WHEREAS our citizens have everything to gain from promoting Michigan’s future as it is our home and hopefully, will be the home for our children and grand children; and WHEREAS the citizens of Oakland County, and all of Michigan, can participate in a simple common sense strategy to positively impact Michigan’s recovery; and WHEREAS Michigan State University Product Center research shows that if every citizen spent $10 per week on Michigan products, $37 million dollars per week would be pumped into the state’s economy; and WHEREAS all of us have a stake in assisting Michigan’s recovery and can impact that recovery by purchasing Michigan made and Michigan grown products thus keeping our residents working and spending and our businesses thriving and hiring; and WHEREAS there is a need to increase consumer awareness regarding what products are made and grown in Michigan. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners will endorse and promote awareness of Michigan made and Michigan grown products among its constituents and recommend “Buy Michigan” programs in support of our economy. Chairperson, I move the foregoing resolution. KATHY CRAWFORD, CHRISTINE LONG, BETH NUCCIO, MIKE BOSNIC, BILL DWYER, THOMAS MIDDLETON, ROBERT HOFFMAN, JOHN SCOTT, DAVID POTTS, PHILIP WEIPERT, SHELLEY TAUB The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #11065 BY: Commissioners Tim Greimel, District #11; Jim Nash, District #15; Marcia Gershenson, District #17; Dave Woodward, District #18; Craig Covey, District #25 IN RE: BOARD OF COMMISSIONERS – RESOLUTION IN SUPPORT OF MICHIGAN'S FILM AND TELEVISION TAX CREDITS & IN SUPPORT OF EXTENDING CREDITS TO THE PRODUCTION OF TELEVISION ADVERTISEMENTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Michigan's legislature enacted film production tax credits in April 2008; and WHEREAS the enacted legislation provides a refundable tax credit equal to 30% to 42% of qualifying production expenses incurred during the production of films and television series in Michigan; and WHEREAS the film production tax credits are designed to grow Michigan's economy, to create jobs, and to increase the income earned by Michigan's residents; and WHEREAS according to an analysis released by Ernst & Young in February 2011, Michigan's film and television productions qualifying for the credits generated a total economic impact of $309.3 million in 2009 ($119.1 million in direct impact, plus another $190.2 million in indirect impact) and a total economic Commissioners Minutes Continued. March 24, 2011 169 impact of $503 million in 2010 ($191.4 million in direct impact, plus another $311.7 million in indirect impact); and WHEREAS according to the Ernst & Young analysis, Michigan's film and television productions qualifying for the credits created 2,631 total jobs in 2009 (797 full-time equivalent jobs hired directly by the production companies and an additional 1,834 jobs created through indirect economic benefits) and 3,860 total jobs in 2010 (1,039 full-time equivalent jobs hired directly by the production companies and an additional 2,822 jobs created through indirect economic benefits); and WHEREAS according to the Ernst & Young analysis, film and television productions qualifying for the credits increased the incomes of Michigan residents by a total of $108.9 million in 2009 ($42.8 million in wages and salaries paid directly by the production companies and an additional $66.2 million generated indirectly by hotels, suppliers, restaurants, and other Michigan businesses as a result of the production activity) and by a total of $172.5 million in 2010 ($66.9 million in wages and salaries paid directly by the production companies and an additional $105.6 million generated indirectly by production activity); and WHEREAS according to the Ernst & Young analysis, the net budgetary cost of Michigan's film tax credits to state and local governments was only $14.1 million in 2009 and only $28 million in 2010; and WHEREAS Governor Rick Snyder has proposed greatly reducing Michigan's film tax credits; and WHEREAS Oakland County Executive L. Brooks Patterson and Oakland County Treasurer Andy Meisner have both publicly opposed Governor Snyder's proposed reduction of the film tax credits. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby opposes any reduction in Michigan's film and television tax credits and urges the state Senate and state House of Representatives to preserve them. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby requests that the state Senate and state House of Representatives amend the current film tax credit law to explicitly provide that the production of television advertisements shall receive state film tax credits to the same extent that film production receives such credits. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners requests that the Oakland County Clerk send copies of this resolution to all members of the Michigan Legislature and to Governor Rick Snyder. Chairperson, we move the adoption of the foregoing Resolution. TIM GREIMEL, JIM NASH, MARCIA GERSHENSON, NANCY QUARLES, CRAIG COVEY, MATTIE HATCHETT, PHILIP WEIPERT, JANET JACKSON, GARY MCGILLIVRAY The Chairperson referred the resolution to the General Government Committee. There were no objections. Commissioner Gershenson addressed the Board stating that Macomb County Shelter is need of blankets and is accepting donations. The Board adjourned at 162 a.m. to the call of the Chair or April 21, at 9:30 a.m. BILL BULLARD, JR. MICHAEL J. GINGELL Clerk Chairperson