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HomeMy WebLinkAboutMinutes - 2011.07.06 - 7645298 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES July 6, 2011 Meeting called to order by Chairperson Michael Gingell at 7:09 p.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Bosnic, Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Scott, Taub, Weipert, Woodward, Zack. (24) EXCUSED ABSENCE WITH NOTICE: Runestad. (1) ABSENT: (0) Quorum present. Invocation given by Janet Jackson. Pledge of Allegiance to the Flag. Moved by Taub supported by Greimel the minutes of the June 9, 2011 Board Meeting be approved. A sufficient majority having voted in favor, the minutes were approved as printed. Moved by Taub supported by Gershenson the agenda be amended, as follows: ITEMS NOT ON BOARD AGENDA PUBLIC SERVICES COMMITTEE g. Sheriff’s Office – Amendment to the Contract for Law Enforcement Services in the City of Pontiac (Reason for Suspension of Public Services Committee, item g.: Waive Rule III: items for printed board agenda shall be presented to the Board Chair five days prior to the Board meeting. Item was taken directly to the Board floor without Public Services Committee review.) h. Sheriff’s Office – Amendment to the Contract for Fire Dispatch Services in the City of Pontiac (Reason for Suspension of Public Services Committee, item h.: Waive Rule III: items for printed board agenda shall be presented to the Board Chair five days prior to the Board meeting. Item was taken directly to the Board floor without Public Services Committee review.) Remove “Memoriam – Waterford Township Clerk Betty Fortino – Commissioner John Scott” off the Board agenda. Vote on agenda, as amended: AYES: Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Long, Matis, Middleton, Nuccio, Potts, Scott, Taub, Weipert, Bosnic. (16) NAYS: Covey, Greimel, Hatchett, McGillivray, Nash, Quarles, Woodward, Zack. (8) A sufficient majority having voted in favor, the agenda, as amended, was approved. Commissioners Minutes Continued. July 6, 2011 299 Chairperson Michael Gingell addressed the Board to introduce Commissioners Scott, Matis, Weipert, Zack, Middleton and Nuccio to present a check to Karen Milligan of the (OCEF) - Ortonville Community Emergency Fund from the Count Your Step Challenge. Karen Milligan of the (OCEF) – Ortonville Community Emergency Fund addressed the Board. Chairperson Michael Gingell addressed the Board to introduce County Executive, L. Brooks Patterson. County Executive, L. Brooks Patterson addressed the Board to give a presentation on the FY 2012-2014 County Executive’s Budget Recommendations. Director Management & Budget, Laurie VanPelt addressed the Board regarding FY 2012-2014 County Executive’s Budget Recommendations. Chairperson Michael Gingell addressed the Board to thank County Executive, L. Brooks Patterson. Chairperson Michael Gingell addressed the Board to recognize Commissioners John Scott and Marcia Gershenson. Vice Chairperson Jeff Matis addressed the Board to congratulate Chairperson Michael Gingell for sitting on the Secretary of State Round Table. County Clerk Bill Bullard, Jr., read communication from Chairperson Michael Gingell requesting the appointments of Commissioners John Scott, Shelley Taub, Jeff Matis, David Woodward and Nancy Quarles to serve on a study group to assess and provide recommendations on Board rules, the appointment process and procedures related to non-binding resolutions. Without objections the appointments were confirmed. The following people addressed the Board during public comment: Angela Munroe, Chuck Johnson, Ben Shattack, Sr., Mary Pietila - Councilwoman for the City of Pontiac, Mary Storm, John Langlois, Donald Watkins – Councilman for the City of Pontiac, Pastor - John Smith, Jr., Kermit Williams – Councilman for the City of Pontiac, Frank Houston – Chairperson of the Apportionment Commission & the Oakland County Democratic Party, Greg Newman, Malchi Newman, Jim Thienel – Apportionment Commissioner & Chairman of the Oakland County Republican Party, Janice Daniels, Daniel Ferguson. Moved by Middleton supported by Covey 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 320. The resolutions on the Consent Agenda follow (annotated by an asterisk {*}): *MISCELLANEOUS RESOLUTION #11122 BY: Commissioners Robert Gosselin, District #13; Mike Bosnic, District #19; David Potts, District #20; Gary McGillivray, District #24 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2011 APPROPRIATION – CITY OF TROY BIG BEAVER AND JOHN R ROAD – PROJECT NO. 50911 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 Commissioners Minutes Continued. July 6, 2011 300 Improvement Program shall be distributed only from the designated General Fund Tri-Party Program fund balance and may be made only after completion of all of the following: 1. The Road Commission for Oakland County (RCOC) and an individual city, village, or township (CVT) have identified a specific project and said project is ready to be undertaken immediately; and 2. The RCOC has appropriated its 1/3 share of the funding for the project and transferred said appropriation to a specific project account; and 3. The CVT has authorized its 1/3 share of the funding for the project and has executed a written contract for payment with the RCOC; and 4. The Commissioner(s) representing the CVT requesting the project submits to the Board of Commissioners Finance Committee a resolution authorizing the appropriation of the County’s 1/3 share of the project from the General Fund Designated Fund Balance for Tri-Party Program. The resolution shall be approved by the Finance Committee and the full Board before any funds may be released from the Tri-Party Program designation account; and WHEREAS the City of Troy, along with the Road Commissioner for Oakland County has identified a specific project and said project is ready to be undertaken immediately; and WHEREAS the Road Commission for Oakland County has appropriated its one-third (1/3) share of the funding for the identified project in the City of Troy and said appropriation has been transferred to a specific project account; and WHEREAS the City of Troy 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 City of Troy is $93,478. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the City of Troy as eligible for appropriation and authorizes the release of the specified Tri-Party Road Improvement Program funds from the Oakland County General Fund Designated Fund Balance. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to the Road Commission for Oakland County, Oakland County Fiscal Services and the City of Troy. Chairperson, we move the adoption of the foregoing Resolution. ROBERT GOSSELIN, MIKE BOSNIC, DAVID POTTS, GARY MCGILLIVRAY Copy of Correspondence from Patricia Z. Wierzbicki Deputy-Secretary/Clerk of the Board for the Oakland County Road Commission, Cost Participation Agreement, Exhibit A, Exhibit B and Exhibit C Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #11122) BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2011 APPROPRIATION – CITY OF TROY BIG BEAVER AND JOHN R ROAD – PROJECT NO. 50911 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. 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 Road Improvement Program for projects managed by the Road Commission for Oakland County (RCOC). 2. Funding of $93,478 is available in the General Fund Designated Fund Balance for Tri-Party 2011 and prior funding (account #371510) for project 50911. 3. This project is for the concrete slab replacement on Big Beaver Road and John R Road. 4. The FY 2011 budget be amended as follows: Commissioners Minutes Continued. July 6, 2011 301 GENERAL FUND (#10100) FY 2011 Revenue 9010101-196030-665882 Planned Use of Fund Balance $93,478 Total Revenues $93,478 Expenditures 9010101-153010-740135 Road Commission Tri-Party $93,478 Total Expenditures $93,478 FINANCE COMMITTEE (The vote for this motion appears on page 320.) *MISCELLANEOUS RESOLUTION #11123 BY: Commissioner Philip Weipert, District #8 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2011 APPROPRIATION – CITY OF WIXOM, WIXOM ROAD – PROJECT NO. 50921 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the discretionary Tri-Party Road Improvement Program to assist Oakland County’s cities, villages and townships (CVTs) with the construction, maintenance and repair of roads located within the boundaries of an Oakland County CVT and under the supervision, direction and control of the Road Commission for Oakland County; and WHEREAS Miscellaneous Resolution #09221 established the revised Tri-Party Road Improvement Program – Funding and Project Approval Process; and WHEREAS Miscellaneous Resolution #09221, as amended by Miscellaneous Resolution #10045, provides that any discretionary Oakland County appropriation in support of the Tri-Party Road Improvement Program shall be distributed only from the designated General Fund Tri-Party Program fund balance and may be made only after completion of all of the following: 1. The Road Commission for Oakland County (RCOC) and an individual city, village, or township (CVT) have identified a specific project and said project is ready to be undertaken immediately; and 2. The RCOC has appropriated its 1/3 share of the funding for the project and transferred said appropriation to a specific project account; and 3. The CVT has authorized its 1/3 share of the funding for the project and has executed a written contract for payment with the RCOC; and 4. The Commissioner(s) representing the CVT requesting the project submits to the Board of Commissioners Finance Committee a resolution authorizing the appropriation of the County’s 1/3 share of the project from the General Fund Designated Fund Balance for Tri-Party Program. The resolution shall be approved by the Finance Committee and the full Board before any funds may be released from the Tri-Party Program designation account; and WHEREAS the City of Wixom, along with the Road Commissioner for Oakland County has identified a specific project and said project is ready to be undertaken immediately; and WHEREAS the Road Commission for Oakland County has appropriated its one-third (1/3) share of the funding for the identified project in the City of Wixom and said appropriation has been transferred to a specific project account; and WHEREAS the City of Wixom 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 City of Wixom is $37,251. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the City of Wixom 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. Commissioners Minutes Continued. July 6, 2011 302 BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to the Road Commission for Oakland County, Oakland County Fiscal Services and the City of Wixom. Chairperson, I move the adoption of the foregoing Resolution. PHILIP WEIPERT Copy of Correspondence from Patricia Z. Wierzbicki Deputy-Secretary/Clerk of the Board for the Oakland County Road Commission, Cost Participation Agreement, Exhibit A, Exhibit B and Exhibit C Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #11123) BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2011 APPROPRIATION – CITY OF WIXOM, WIXOM ROAD – PROJECT NO. 50921 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. 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 Road Improvement Program for projects managed by the Road Commission for Oakland County (RCOC). 2. Funding of $37,251 is available in the General Fund Designated Fund Balance for Tri-Party 2011 and prior funding (account #371510) for project 50921. 3. This project is for the installation of a traffic signal on Wixom Road at Alpha Tech Drive. 4. The FY 2011 budget be amended as follows: GENERAL FUND (#10100) FY 2011 Revenue 9010101-196030-665882 Planned Use of Fund Balance $37,251 Total Revenues $37,251 Expenditures 9010101-153010-740135 Road Commission Tri-Party $37,251 Total Expenditures $37,251 FINANCE COMMITTEE (The vote for this motion appears on page 320.) *MISCELLANEOUS RESOLUTION #11124 BY: Commissioner Beth Nuccio, District #1 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2011 APPROPRIATION – CHARTER TOWNSHIP OF OXFORD – GRAVEL ROAD PROGRAM – PROJECT NO. 50932 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: Commissioners Minutes Continued. July 6, 2011 303 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 Oxford, 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 Oxford and said appropriation has been transferred to a specific project account; and WHEREAS the Charter Township of Oxford 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 Oxford is $18,481. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Charter Township of Oxford 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 Oxford. Chairperson, I move the adoption of the foregoing Resolution. BETH NUCCIO Copy of Correspondence from Patricia Z. Wierzbicki Deputy-Secretary/Clerk of the Board for the Oakland County Road Commission, Cost Participation Agreement and Exhibit A Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #11124) BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2011 APPROPRIATION – CHARTER TOWNSHIP OF OXFORD – GRAVEL ROAD PROGRAM – PROJECT NO. 50932 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. 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 Road Improvement Program for projects managed by the Road Commission for Oakland County (RCOC). 2. Funding of $18,481 is available in the General Fund Designated Fund Balance for Tri-Party 2011 and prior funding (account #371510) for project 50932. 3. This project is for the spreading and chloride of gravel on roads under the jurisdiction of RCOC. 4. The FY 2011 budget be amended as follows: GENERAL FUND (#10100) FY 2011 Revenue 9010101-196030-665882 Planned Use of Fund Balance $18,481 Commissioners Minutes Continued. July 6, 2011 304 Total Revenues $18,481 Expenditures 9010101-153010-740135 Road Commission Tri-Party $18,481 Total Expenditures $18,481 FINANCE COMMITTEE (The vote for this motion appears on page 320.) *MISCELLANEOUS RESOLUTION #11125 BY: Commissioners Tim Greimel, District #11; Jeff Matis, District #12; Robert Gosselin, District #13 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2011 APPROPRIATION – CITY OF ROCHESTER HILLS CROOKS ROAD – PROJECT NO. 50841 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the discretionary Tri-Party Road Improvement Program to assist Oakland County’s cities, villages and townships (CVTs) with the construction, maintenance and repair of roads located within the boundaries of an Oakland County CVT and under the supervision, direction and control of the Road Commission for Oakland County; and WHEREAS Miscellaneous Resolution #09221 established the revised Tri-Party Road Improvement Program – Funding and Project Approval Process; and WHEREAS Miscellaneous Resolution #09221, as amended by Miscellaneous Resolution #10045, provides that any discretionary Oakland County appropriation in support of the Tri-Party Road Improvement Program shall be distributed only from the designated General Fund Tri-Party Program fund balance and may be made only after completion of all of the following: 1. The Road Commission for Oakland County (RCOC) and an individual city, village, or township (CVT) have identified a specific project and said project is ready to be undertaken immediately; and 2. The RCOC has appropriated its 1/3 share of the funding for the project and transferred said appropriation to a specific project account; and 3. The CVT has authorized its 1/3 share of the funding for the project and has executed a written contract for payment with the RCOC; and 4. The Commissioner(s) representing the CVT requesting the project submits to the Board of Commissioners Finance Committee a resolution authorizing the appropriation of the County’s 1/3 share of the project from the General Fund Designated Fund Balance for Tri-Party Program. The resolution shall be approved by the Finance Committee and the full Board before any funds may be released from the Tri-Party Program designation account; and WHEREAS the City of Rochester Hills, along with the Road Commissioner for Oakland County has identified a specific project and said project is ready to be undertaken immediately; and WHEREAS the Road Commission for Oakland County has appropriated its one-third (1/3) share of the funding for the identified project in the City of Rochester Hills and said appropriation has been transferred to a specific project account; and WHEREAS the City of Rochester Hills has demonstrated that it has authorized its one-third (1/3) share of the funding for the specified project and has executed a written contract for payment with the Road Commission for Oakland County; and WHEREAS Oakland County’s one-third (1/3) share of the Fiscal Year 2011 authorized amount of Tri- Party Road Improvement funding for the City of Rochester Hills is $25,000. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the City of Rochester Hills as eligible for appropriation and authorizes the release of the specified Tri-Party Road Improvement Program funds from the Oakland County General Fund Designated Fund Balance. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to the Road Commission for Oakland County, Oakland County Fiscal Services and the City of Rochester Hills. Commissioners Minutes Continued. July 6, 2011 305 Chairperson, we move the adoption of the foregoing Resolution. TIM GREIMEL, JEFF MATIS, ROBERT GOSSELIN Copy of Correspondence from Patricia Z. Wierzbicki Deputy-Secretary/Clerk of the Board for the Oakland County Road Commission, Cost Participation Agreement and Exhibit A Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #11125) BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2011 APPROPRIATION – CITY OF ROCHESTER HILLS CROOKS ROAD – PROJECT NO. 50841 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. 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 Road Improvement Program for projects managed by the Road Commission for Oakland County (RCOC). 2. Funding of $25,000 is available in the General Fund Designated Fund Balance for Tri-Party 2011 and prior funding (account #371510) for project 50841. 3. This project is for preliminary engineering for the reconstruction and widening of Crooks Road from Starr-Batt Drive to north of Hamlin Road. 4. The FY 2011 budget be amended as follows: GENERAL FUND (#10100) FY 2011 Revenue 9010101-196030-665882 Planned Use of Fund Balance $25,000 Total Revenues $25,000 Expenditures 9010101-153010-740135 Road Commission Tri-Party $25,000 Total Expenditures $25,000 FINANCE COMMITTEE (The vote for this motion appears on page 320.) *MISCELLANEOUS RESOLUTION #11128 BY: Finance Committee, Thomas Middleton, Chairperson IN RE: TREASURER’S OFFICE - RESOLUTION AUTHORIZING ISSUANCE OF OAKLAND COUNTY BUILDING AUTHORITY, BUILDING AUTHORITY REFUNDING BONDS, SERIES 2011A (REFUNDS SERIES 2001) AND APPROVING THE UNDERTAKING TO PROVIDE CONTINUING DISCLOSURE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to the provisions of Act No. 31, Public Acts of Michigan, 1948, extra session, as amended, ("Act 31") the Oakland County Building Authority (the "Authority") and the County of Oakland (the "County"), have entered into a Full Faith and Credit General Obligation Lease Contract dated as of November 1, 2001 (as listed in Appendix A) (the "Lease Contract"); and WHEREAS pursuant to the Lease Contract, the Building Authority has issued a series of its bonds which remain outstanding as listed in Appendix B (the "Bonds") to defray the cost of constructing, furnishing and equipping the work release facility, acquiring equipment and training staff for the jail management system and acquiring equipment, training staff and some construction for the video arraignment system for the County; and Commissioners Minutes Continued. July 6, 2011 306 WHEREAS the Bonds remain outstanding in various aggregate principal amounts which mature in various principal amounts in various years and bear interest at various rates per annum which rates of interest are higher than those now prevailing; and WHEREAS Act 31 and Act No. 34, Public Acts of Michigan, 2001, as amended, ("Act 34") authorize the Authority to refund all or any part of its indebtedness; and WHEREAS the County has determined that a significant cost savings can be achieved by refunding outstanding Bonds in whole or in part; and WHEREAS in order to provide for the Refunding Bonds and to comply with federal securities regulations, it is necessary to approve an amendment to the lease contract between the County and the Authority (the “Amendment to Lease Contract”) attached as Appendix C in order to approve the undertaking to provide continuing disclosure. NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland as follows: 1. The Authority is authorized to proceed to refund any or all of the Bonds described in Appendix B in whole or in part, on such terms and conditions as will result in a lower total indebtedness on such issue. 2. The Amendment to Lease Contract attached hereto as Appendix C is hereby approved. 3. The County Officials set forth on the Amendment to Lease Contract are authorized to execute and deliver the Amendment to Lease Contract on behalf of the County. 4. After any refunding bonds are issued, the Authority shall report to the County on the new debt service schedule and the savings in total principal and interest. 5. The County Executive, if necessary, is authorized to file for approval to issue the bonds from the State of Michigan, Department of Treasury ("Treasury"), to pay the related fee, and to execute and deliver such other documents as may be requested by the Treasury. 6. All activities involved in the refunding of the Bonds under this resolution shall comply with the standing rules of the Board of Commissioners. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized fill in the blanks in Exhibit A to Appendix C - Debt Retirement Schedule prior to executing and filing these documents with the Oakland County Clerk. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE APPENDIX A $23,400,000 Oakland County Building Authority, Building Authority Bonds, Series 2001 – FULL FAITH AND CREDIT GENERAL OBLIGATION LEASE CONTRACT MADE AS OF NOVEMBER 1, 2001. APPENDIX B OAKLAND COUNTY BUILDING AUTHORITY, BUILDING AUTHORITY BONDS, SERIES 2001 Date Principal 9/1/11 $1,050,000 9/1/12 1,100,000 9/1/13 1,150,000 9/1/14 1,175,000 9/1/15 1,250,000 9/1/16 1,300,000 9/1/17 1,350,000 9/1/18 1,425,000 9/1/19 1,475,000 9/1/20 1,525,000 9/1/21 1,625,000 Commissioners Minutes Continued. July 6, 2011 307 9/1/22 1,650,000 TOTAL $16,075,000 APPENDIX C AMENDMENT TO LEASE CONTRACT THIS AMENDMENT TO FULL FAITH AND CREDIT GENERAL OBLIGATION LEASE CONTRACT (“Amendment to Lease Contract”) made as of July 1, 2011, by and between the OAKLAND COUNTY BUILDING AUTHORITY (the “Authority”), a building authority organized and existing under and pursuant to the provisions of Act No. 31, Public Acts of Michigan, 1948 (First Extra Session), as amended (“Act 31”), and the COUNTY OF OAKLAND, a County of the State of Michigan (the “County”), W I T N E S S E T H: WHEREAS, the Authority has been incorporated by the County pursuant to Act 31 for the purpose of acquiring, furnishing, equipping, owning, improving, enlarging, operating and maintaining a building or buildings, automobile parking lots or structures, recreational facilities and stadiums, and the necessary site or sites therefor, for the use of the County; and WHEREAS, the County desired to construct, furnish and equip the work release facility, acquire equipment and train staff for the jail management system and acquire equipment, train staff and do some construction for the video arraignment system for the County of Oakland, Michigan (the “Project”), and the Authority constructed and acquired the Project; and WHEREAS, it is proposed that the Authority refinance the outstanding building authority bonds dated January 1, 2002 issued by the Authority pursuant to the Full Faith and Credit General Obligation Lease Contract dated as of November 1, 2001 (the “Lease Contract”) and Act 31; and WHEREAS, in order to make possible the issuance of refunding bonds it is necessary for the parties to enter into this Amendment to Lease Contract. THEREFORE, IN CONSIDERATION OF THE MUTUAL UNDERTAKINGS AND AGREEMENTS SET FORTH BELOW, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES TO THIS AMENDMENT TO LEASE CONTRACT AS FOLLOWS: A. The following paragraphs 24 and 25 are added to the Lease Contract to read as follows: 24. Authorization and Issuance of Refunding Bonds. As soon as practicable after the effective date of the Amendment to Lease Contract, the Authority shall proceed to issue its building authority refunding bonds in the aggregate principal amount of not to exceed $17,250,000 (the “Refunding Bonds”), pursuant to and in accordance with the provisions of Act 31, for the purpose of refunding the Building Authority Bonds, Series 2001 dated as of January 1, 2002 maturing in the years 2012 through 2022 (the “Prior Bonds Being Refunded”). The Authority shall pledge for the payment of the principal of and interest on the Refunding Bonds the cash rental payments described and required to be paid by the County pursuant to the Lease Contract and this Amendment to Lease Contract. The Refunding Bonds shall be dated August 1, 2011 or such later date as to be determined. The Refunding Bonds shall bear interest at a rate or rates that will produce a savings true interest cost and shall mature in accordance with the Debt Retirement Schedule set forth on Exhibit A to this Amendment to Lease Contract. Each date on which any payment of principal of and/or interest on any Refunding Bonds is due is referred to herein as a “Bond Payment Date”. Commissioners Minutes Continued. July 6, 2011 308 The County and the Authority recognize and acknowledge that (a) such Debt Retirement Schedule is based upon an assumed interest rate and date of issuance of the Refunding Bonds and assumed Bond Payment Date, all as set forth in Exhibit A, (b) the Bond Payment Dates will be specified in the Award Resolution and (c) the rental payments due under this Amendment to Lease Contract will be determined when the Award Resolution is adopted by the Authority and the Refunding Bonds are sold, by application of the rate or rates of interest actually borne by the Refunding Bonds. 25. Undertaking to Provide Continuing Disclosure for Refunding Bonds. The County and the Authority hereby covenant and agree, for the benefit of the beneficial owners of the Refunding Bonds, to enter into a written undertaking (the "Undertaking") required by SEC Rule 15c2-12 promulgated by the Securities and Exchange Commission pursuant to the Securities and Exchange Act of 1934 (the "Rule") to provide continuing disclosure of certain financial information and operating data and timely notices of the occurrence of certain events in accordance with the Rule. This Undertaking shall be enforceable by the beneficial owners of the Refunding Bonds or by the Purchaser(s) on behalf of such holders (provided that the Purchaser(s) right to enforce the provisions of this Undertaking shall be limited to a right to obtain specific enforcement of the obligations hereunder and any failure by the County and the Authority to comply with the provisions of this Undertaking shall not be an event of default with respect to the Refunding Bonds). The County Treasurer and the Chairperson or Treasurer of the Authority, or other officer of the County or Authority charged with the responsibility for issuing the Refunding Bonds, shall provide a Continuing Disclosure Certificate for inclusion in the transcript of proceedings, setting forth the details and terms of the County’s and Authority's Undertaking.” IN WITNESS WHEREOF, the OAKLAND COUNTY BUILDING AUTHORITY, by its Commission, and the COUNTY OF OAKLAND, by its Board of Commissioners, have caused this Amendment to Lease Contract to be signed by their duly authorized officers, and their seals to be affixed hereto, all as of the day and year first above written. WITNESSES TO SIGNATURES OAKLAND COUNTY BUILDING AUTHORITY OF AUTHORITY OFFICERS: ________________________ By:__________________________________ Chairperson of its Commission ________________________ By:_________________________________ Secretary of its Commission WITNESSES TO SIGNATURES COUNTY OF OAKLAND OF COUNTY OFFICERS: _______________________ By:__________________________________ Chairperson, Board of Commissioners _______________________ By:__________________________________ County Clerk Commissioners Minutes Continued. July 6, 2011 309 STATE OF MICHIGAN) )ss. COUNTY OF OAKLAND) On this ____ day of __________, ____, before me appeared ________________ and ________________, to me personally known, who being by me duly sworn, did each say that they are, respectively, the Chairperson and the Secretary of the Commission of the OAKLAND COUNTY BUILDING AUTHORITY and that the foregoing Amendment to Lease Contract was signed and sealed by them on behalf of the Authority by authority of its Commission, and that such persons acknowledged such instrument to be the free act and deed of the Authority. ____________________________________ Notary Public, Oakland County, Michigan My Commission Expires:_________ (Seal) STATE OF MICHIGAN) )ss. COUNTY OF OAKLAND) On this ____ day of ____________, ____, before me appeared _______________________ and _________________, to me personally known, who being by me duly sworn, did each say that they are, respectively, the Chairperson of the Board of Commissioners and the County Clerk of the COUNTY OF OAKLAND and that the foregoing Amendment to Lease Contract was signed and sealed by them on behalf of the County by authority of its Board of Commissioners, and that such persons acknowledged such instrument to be the free act and deed of the County. ____________________________________ Notary Public, Oakland County, Michigan My Commission Expires:_________ (Seal) EXHIBIT A Period Ending Principal Annual Rate Interest Total 9/1/11 $________ _________% $________ $____ 9/1/12 ________ _________ ________ ____ Commissioners Minutes Continued. July 6, 2011 310 9/1/13 ________ _________ ________ ____ 9/1/14 ________ _________ ________ ____ 9/1/15 ________ _________ ________ ____ 9/1/16 ________ _________ ________ ____ 9/1/17 ________ _________ ________ ____ 9/1/18 ________ _________ ________ ____ 9/1/19 ________ _________ ________ ____ 9/1/20 ________ _________ ________ ____ 9/1/21 ________ _________ ________ ____ 9/1/22 ________ _________ ________ ____ (The vote for this motion appears on page 320.) *MISCELLANEOUS RESOLUTION #11129 BY: Finance Committee, Thomas Middleton, Chairperson IN RE: TREASURER’S OFFICE - RESOLUTION AUTHORIZING ISSUANCE OF OAKLAND COUNTY BUILDING AUTHORITY, BUILDING AUTHORITY REFUNDING BONDS, SERIES 2011B (REFUNDS SERIES 2004A) AND APPROVING THE UNDERTAKING TO PROVIDE CONTINUING DISCLOSURE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to the provisions of Act No. 31, Public Acts of Michigan, 1948, extra session, as amended, ("Act 31") the Oakland County Building Authority (the "Authority") and the County of Oakland (the "County"), have entered into a Full Faith and Credit General Obligation Lease Contract dated as of November 1, 2002 (as listed in Appendix A) (the "Lease Contract"); and WHEREAS pursuant to the Lease Contract, the Building Authority has issued a series of its bonds which remain outstanding as listed in Appendix B (the "Bonds") to defray the cost of renovating and equipping Building 41 West which is used as County administrative offices in the County; and WHEREAS the Bonds remain outstanding in various aggregate principal amounts which mature in various principal amounts in various years and bear interest at various rates per annum which rates of interest are higher than those now prevailing; and WHEREAS Act 31 and Act No. 34, Public Acts of Michigan, 2001, as amended, ("Act 34") authorize the Authority to refund all or any part of its indebtedness; and WHEREAS the County has determined that a significant cost savings can be achieved by refunding outstanding Bonds in whole or in part; and WHEREAS in order to provide for the Refunding Bonds and to comply with federal securities regulations, it is necessary to approve an amendment to the lease contract between the County and the Authority (the “Amendment to Lease Contract”) attached as Appendix C in order to approve the undertaking to provide continuing disclosure. NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland as follows: 1. The Authority is authorized to proceed to refund any or all of the Bonds described in Appendix B in whole or in part, on such terms and conditions as will result in a lower total indebtedness on such issue. 2. The Amendment to Lease Contract attached hereto as Appendix C is hereby approved. 3. The County Officials set forth on the Amendment to Lease Contract are authorized to execute and deliver the Amendment to Lease Contract on behalf of the County. 4. After any refunding bonds are issued, the Authority shall report to the County on the new debt service schedule and the savings in total principal and interest. 5. The County Executive, if necessary, is authorized to file for approval to issue the bonds from the State of Michigan, Department of Treasury ("Treasury"), to pay the related fee, and to execute and deliver such other documents as may be requested by the Treasury. 6. All activities involved in the refunding of the Bonds under this resolution shall comply with the standing rules of the Board of Commissioners. Commissioners Minutes Continued. July 6, 2011 311 BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized fill in the blanks in Exhibit A to Appendix C - Debt Retirement Schedule prior to executing and filing these documents with the Oakland County Clerk. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE APPENDIX A $20,240,000 Oakland County Building Authority, Building Authority Bonds, Series 2004A – FULL FAITH AND CREDIT GENERAL OBLIGATION LEASE CONTRACT MADE AS OF NOVEMBER 1, 2002. APPENDIX B OAKLAND COUNTY BUILDING AUTHORITY, BUILDING AUTHORITY BONDS, SERIES 2004A Date Principal 9/1/11 $ 850,000 9/1/12 875,000 9/1/13 925,000 9/1/14 950,000 9/1/15 1,000,000 9/1/16 1,025,000 9/1/17 1,075,000 9/1/18 1,125,000 9/1/19 1,175,000 9/1/20 1,250,000 9/1/21 1,275,000 9/1/22 1,325,000 9/1/23 1,375,000 9/1/24 1,440,000 TOTAL $15,665,000 APPENDIX C AMENDMENT TO LEASE CONTRACT THIS AMENDMENT TO FULL FAITH AND CREDIT GENERAL OBLIGATION LEASE CONTRACT (“Amendment to Lease Contract”) made as of July 1, 2011, by and between the OAKLAND COUNTY BUILDING AUTHORITY (the “Authority”), a building authority organized and existing under and pursuant to the provisions of Act No. 31, Public Acts of Michigan, 1948 (First Extra Session), as amended (“Act 31”), and the COUNTY OF OAKLAND, a County of the State of Michigan (the “County”), W I T N E S S E T H: WHEREAS, the Authority has been incorporated by the County pursuant to Act 31 for the purpose of acquiring, furnishing, equipping, owning, improving, enlarging, operating and maintaining a building or buildings, automobile parking lots or structures, recreational facilities and stadiums, and the necessary site or sites therefor, for the use of the County; and WHEREAS, the County desired to renovate and equip Building 41 West to be used as County administrative offices in the County of Oakland, Michigan (the “Project”), and the Authority renovated and equipped the Project; and Commissioners Minutes Continued. July 6, 2011 312 WHEREAS, it is proposed that the Authority refinance the outstanding building authority bonds dated November 1, 2004 issued by the Authority pursuant to the Full Faith and Credit General Obligation Lease Contract dated as of November 1, 2002 (the “Lease Contract”) and Act 31; and WHEREAS, in order to make possible the issuance of refunding bonds it is necessary for the parties to enter into this Amendment to Lease Contract. THEREFORE, IN CONSIDERATION OF THE MUTUAL UNDERTAKINGS AND AGREEMENTS SET FORTH BELOW, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES TO THIS AMENDMENT TO LEASE CONTRACT AS FOLLOWS: A. The following paragraphs 24 and 25 are added to the Lease Contract to read as follows: 24. Authorization and Issuance of Refunding Bonds. As soon as practicable after the effective date of the Amendment to Lease Contract, the Authority shall proceed to issue its building authority refunding bonds in the aggregate principal amount of not to exceed $16,500,000 (the “Refunding Bonds”), pursuant to and in accordance with the provisions of Act 31, for the purpose of refunding the Building Authority Bonds, Series 2004A dated as of November 1, 2004 maturing in the years 2012 through 2024 (the “Prior Bonds Being Refunded”). The Authority shall pledge for the payment of the principal of and interest on the Refunding Bonds the cash rental payments described and required to be paid by the County pursuant to the Lease Contract and this Amendment to Lease Contract. The Refunding Bonds shall be dated August 1, 2011 or such later date as to be determined. The Refunding Bonds shall bear interest at a rate or rates that will produce a savings true interest cost and shall mature in accordance with the Debt Retirement Schedule set forth on Exhibit A to this Amendment to Lease Contract. Each date on which any payment of principal of and/or interest on any Refunding Bonds is due is referred to herein as a “Bond Payment Date”. The County and the Authority recognize and acknowledge that (a) such Debt Retirement Schedule is based upon an assumed interest rate and date of issuance of the Refunding Bonds and assumed Bond Payment Date, all as set forth in Exhibit A, (b) the Bond Payment Dates will be specified in the Award Resolution and (c) the rental payments due under this Amendment to Lease Contract will be determined when the Award Resolution is adopted by the Authority and the Refunding Bonds are sold, by application of the rate or rates of interest actually borne by the Refunding Bonds. 25. Undertaking to Provide Continuing Disclosure for Refunding Bonds. The County and the Authority hereby covenant and agree, for the benefit of the beneficial owners of the Refunding Bonds, to enter into a written undertaking (the "Undertaking") required by SEC Rule 15c2-12 promulgated by the Securities and Exchange Commission pursuant to the Securities and Exchange Act of 1934 (the "Rule") to provide continuing disclosure of certain financial information and operating data and timely notices of the occurrence of certain events in accordance with the Rule. This Undertaking shall be enforceable by the beneficial owners of the Refunding Bonds or by the Purchaser(s) on behalf of such holders (provided that the Purchaser(s) right to enforce the provisions of this Undertaking shall be limited to a right to obtain specific enforcement of the obligations hereunder and any failure by the County and the Authority to comply with the provisions of this Undertaking shall not be an event of default with respect to the Refunding Bonds). The County Treasurer and the Chairperson or Treasurer of the Authority, or other officer of the County or Authority charged with the responsibility for issuing the Refunding Bonds, shall provide a Continuing Disclosure Certificate for inclusion in the transcript of proceedings, setting forth the details and terms of the County’s and Authority's Undertaking.” IN WITNESS WHEREOF, the OAKLAND COUNTY BUILDING AUTHORITY, by its Commission, and the COUNTY OF OAKLAND, by its Board of Commissioners, have caused this Amendment to Lease Commissioners Minutes Continued. July 6, 2011 313 Contract to be signed by their duly authorized officers, and their seals to be affixed hereto, all as of the day and year first above written. WITNESSES TO SIGNATURES OAKLAND COUNTY BUILDING AUTHORITY OF AUTHORITY OFFICERS: ________________________ By:__________________________________ Chairperson of its Commission ________________________ By:_________________________________ Secretary of its Commission WITNESSES TO SIGNATURES COUNTY OF OAKLAND OF COUNTY OFFICERS: _______________________ By:__________________________________ Chairperson, Board of Commissioners _______________________ By:__________________________________ County Clerk STATE OF MICHIGAN) )ss. COUNTY OF OAKLAND) On this ____ day of __________, ____, before me appeared ________________ and ________________, to me personally known, who being by me duly sworn, did each say that they are, respectively, the Chairperson and the Secretary of the Commission of the OAKLAND COUNTY BUILDING AUTHORITY and that the foregoing Amendment to Lease Contract was signed and sealed by them on behalf of the Authority by authority of its Commission, and that such persons acknowledged such instrument to be the free act and deed of the Authority. ____________________________________ Notary Public, Oakland County, Michigan My Commission Expires:_________ (Seal) STATE OF MICHIGAN) )ss. COUNTY OF OAKLAND) Commissioners Minutes Continued. July 6, 2011 314 On this ____ day of ____________, ____, before me appeared _______________________ and _________________, to me personally known, who being by me duly sworn, did each say that they are, respectively, the Chairperson of the Board of Commissioners and the County Clerk of the COUNTY OF OAKLAND and that the foregoing Amendment to Lease Contract was signed and sealed by them on behalf of the County by authority of its Board of Commissioners, and that such persons acknowledged such instrument to be the free act and deed of the County. ____________________________________ Notary Public, Oakland County, Michigan My Commission Expires:_________ (Seal) EXHIBIT A Period Ending Principal Annual Rate Interest Total 9/1/11 $________ _________% $________ $____ 9/1/12 ________ _________ ________ ____ 9/1/13 ________ _________ ________ ____ 9/1/14 ________ _________ ________ ____ 9/1/15 ________ _________ ________ ____ 9/1/16 ________ _________ ________ ____ 9/1/17 ________ _________ ________ ____ 9/1/18 ________ _________ ________ ____ 9/1/19 ________ _________ ________ ____ 9/1/20 ________ _________ ________ ____ 9/1/21 ________ _________ ________ ____ 9/1/22 ________ _________ ________ ____ 9/1/23 ________ _________ ________ ____ 9/1/24 ________ _________ ________ ____ (The vote for this motion appears on page 320.) *MISCELLANEOUS RESOLUTION #11130 BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET / EQUALIZATION DIVISION – APPROVAL OF CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH THE TOWNSHIPS OF GROVELAND, NOVI, SOUTHFIELD, AND THE CHARTER TOWNSHIPS OF COMMERCE, MILFORD, OAKLAND, OXFORD AND ROYAL OAK AND THE CITIES OF BERKLEY, BLOOMFIELD HILLS, CLAWSON, HAZEL PARK, LATHRUP VILLAGE, ROYAL OAK, SOUTH LYON, WALLED LAKE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Equalization Division provides a number of services to local units of government including original assessments, reappraisals, and file maintenance; and WHEREAS these services are provided under contract with the local units as approved by the Board of Commissioners; and Commissioners Minutes Continued. July 6, 2011 315 WHEREAS revenues and expenditures associated with the services for this contract are included in the FY 2011 Budget and the FY 2012, FY 2013 and FY 2014 County Executive Recommended Budget and therefore, no budget amendment is recommended. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves entering into the attached Contract for Oakland County Equalization Division Assistance Services covering the term July 1, 2011 through June 30, 2013 with the Townships of Groveland, Novi and Southfield, and the Charter Townships of Commerce, Milford, Oakland, Oxford and Royal Oak and the Cities of Berkley, Bloomfield Hills, Clawson, Hazel Park, Lathrup Village, Royal Oak, South Lyon and Walled Lake, which have been signed by their authorized signatories. BE IT FURTHER RESOLVED that the Board of Commissioners’ Chairperson is authorized to sign these contracts. BE IT FURTHER RESOLVED that the Oakland County Clerk shall receive and file the executed contract with the concerned unit of government as required by law. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of a Contract for Oakland County Equalization Division Assistance Services with the Townships of Groveland, Novi and Southfield, and the Charter Townships of Commerce, Milford, Oakland, Oxford and Royal Oak and the Cities of Berkley, Bloomfield Hills, Clawson, Hazel Park, Lathrup Village, Royal Oak, South Lyon and Walled Lake Incorporated by Reference. Original on file in County Clerk’s office. (The vote for this motion appears on page 320.) *MISCELLANEOUS RESOLUTION #11119 BY: Human Resources Committee, John Scott, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT - SALARY ADMINISTRATION PLAN 2nd 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 2nd 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 2nd Quarterly Report for FY 2011, which includes the following classification changes: Salary Grade Total Points Classification From To From To Chemist Assistant 7 9 263 338 Auditor I 9 9 320 320 Micrographics Equipment Operator III to new title Micrographics Equipment Operator Supervisor 9 9 318 313 Supervisor – Prosecuting Attorney Administrative Services 16 16 551 526 Chairperson, on behalf of the Human Resources Committee, I move the adoption of the foregoing resolution. HUMAN RESOURCES COMMITTEE Commissioners Minutes Continued. July 6, 2011 316 FISCAL NOTE (MISC. #11119) BY: Finance Committee, Tom Middleton, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT – SALARY ADMINISTRATION PLAN 2nd QUARTERLY REPORT FOR FY 2011 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1) The Human Resources Department, with approval from the Board of Commissioners, provides a process for departments and employees requesting a review of the salary grade placement classifications for Grades 1 – 21. 2) One (1) General Fund Chemist Assistant – Sheriff’s position in the Sheriff-Investigation & Forensic Svs. – will be upgraded from a grade 7 to a grade 9 at an annual cost of $8,231 and $1,582 for the remainder of FY 2011 in salaries and fringe benefits. 3) The Auditor I position will remain grade 9. 4) The Micrographics Equipment Operator III grade 9 to a new title Micrographics Equipment Operator Supervisor salary grade 9. 5) Supervisor – Prosecuting Attorney Administrative Services will remain salary grade 16. 6) The position upgrade and reclassification will be effective July 16, 2011. 7) The FY 2011 through FY 2014 Budgets are amended as follows: GENERAL FUND (#10100) FY 2011 FY 2012 - FY 2014 Expenditures 9090101-196030-740037 Non-Dept – Class & Rate Change ($1,582) ($8,231) 4030910-116240-702010 Salaries 1,102 5,732 4030910-116240-722750 Workers Comp 14 71 4030910-116240-722760 Group Life 5 25 4030910-116240-722770 Retirement 369 1,918 4030910-116240-722820 Unemployment 5 28 4030910-116240-722790 FICA 84 438 4030910-116240-722810 Disability 3 19 Total $ 0 $ 0 FINANCE COMMITTEE (The vote for this motion appears on page 320.) *MISCELLANEOUS RESOLUTION #11131 BY: Planning and Building Committee, David Potts, Chairperson IN RE: THE PARKS AND RECREATION COMMISSION – REQUEST TO PROCLAIM JULY AS NATIONAL PARKS AND RECREATION MONTH To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Parks and Recreation Commission’s mission is to provide all residents of Oakland County with recreational, leisure, and learning experiences, parks, open spaces, and facilities, resulting in a comprehensive county park system that enhances quality of life; and WHEREAS parks, recreation activities, and leisure experiences provide opportunities for young people to live, grow, and develop into contributing members of society; and WHEREAS parks and recreation creates lifelines and continued life experiences for older members of our community; and WHEREAS parks and recreation generates opportunities for people to come together and experience a sense of community through fun recreational pursuits; and WHEREAS parks and recreation agencies provide outlets for physical activities, socialization, and stress-reducing experiences; and WHEREAS parks, playgrounds, nature trails, open spaces, community and cultural centers, and historic sites make communities attractive and desirable places to live, work, play, and visit, in a manner that contributes to Commissioners Minutes Continued. July 6, 2011 317 our ongoing economic vitality; and WHEREAS parks, greenways, and open spaces provide a welcome respite from our fast-paced, high-tech lifestyles while simultaneously protecting and preserving our natural environment; and WHEREAS parks and recreation agencies touch the lives of individuals, families, groups, and the entire community, which positively impacts upon the social, economic, health, and environmental quality of our community. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby proclaims July as National Parks and Recreation Month. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE (The vote for this motion appears on page 320.) *MISCELLANEOUS RESOLUTION #11132 BY: Planning and Building Committee, David Potts, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS/ARTS, CULTURE & FILM – FY 2011 REGIONAL REGRANTING ADMINISTRATIVE SERVICES PROGRAM GRANT ACCEPTANCE – MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS WHEREAS the Michigan Council for Arts and Cultural Affairs has awarded Oakland County $6,200 for administrative services relating to its Regional Re-granting Services Program for Fiscal Year 2011; and WHEREAS the Regional Re-granting/Mini-grant Program provides funding for locally developed, high quality arts projects to address local arts needs and increase public access to the arts; and WHEREAS Local In-Kind Match in the amount of $6,200 is required for the grant award, as determined on a dollar-for-dollar basis; and WHEREAS acceptance of this grant award does not obligate the County to any future commitment. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the Fiscal Year 2011 Regional Re-granting Administrative Services Program Grant Agreement with the Michigan Council for Arts and Cultural Affairs in the amount of $6,200. BE IT FURTHER RESOLVED that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached. BE IT FURTHER RESOLVED that continuation of this program in future years is contingent upon the availability of grant funding. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Grant Review Sign-Off – Arts, Culture & Film Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #11132) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS/ARTS, CULTURE & FILM – FY 2011 REGIONAL REGRANTING ADMINISTRATIVE SERVICES PROGRAM GRANT ACCEPTANCE – MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS 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 Council for Arts and Cultural Affairs has awarded Oakland County $6,200 for administrative services relating to its Regional Re-granting Services Program for Fiscal Year 2011. 2. The funding period is October 1, 2010 through September 30, 2011. 3. Local In-Kind Match in the amount of $6,200 consisting of salary costs is required on a dollar-for- dollar basis and is available in the FY 2011 Economic Development & Community Affairs/Arts, Culture & Film General Fund Budget. Commissioners Minutes Continued. July 6, 2011 318 4. The award of $6,200 is also reflected in the FY 2011 Special Revenue Budget 5. No budget amendments are required. FINANCE COMMITTEE (The vote for this motion appears on page 320.) *MISCELLANEOUS RESOLUTION #11133 BY: Planning and Building Committee, David Potts, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS/ARTS, CULTURE & FILM – FY 2011 REGIONAL REGRANTING SERVICES PROGRAM GRANT ACCEPTANCE – MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Council for Arts and Cultural Affairs has awarded Oakland County $19,200 for its Regional Re-granting Services Program for Fiscal Year 2011; and WHEREAS the Regional Re-granting/Mini-grant Program provides funding for locally developed, high quality arts projects to address local arts needs and increase public access to the arts; and WHEREAS no County Match is required for the grant award; and WHEREAS acceptance of this grant award does not obligate the County to any future commitment. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the Fiscal Year 2011 Regional Re-granting Services Program Grant Agreement with the Michigan Council for Arts and Cultural Affairs in the amount of $19,200. BE IT FURTHER RESOLVED that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement. BE IT FURTHER RESOLVED that continuation of this program in future years is contingent upon the availability of grant funding. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Grant Review Sign Off – Arts, Culture & Film Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #11133) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS/ARTS, CULTURE & FILM – FY 2011 REGIONAL REGRANTING SERVICES PROGRAM GRANT ACCEPTANCE – MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS 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 Council for Arts and Cultural Affairs has awarded Oakland County $19,200 for its Regional Re-granting Services Program for FY 2011. 2. The funding period is February 1, 2011 through September 30, 2011. 3. No County Match is required for the Regional Re-granting Services Program. 4. The award of $19,200 is included in the FY 2011 Budget. 5. No budget amendments are required. FINANCE COMMITTEE (The vote for this motion appears on page 320.) *MISCELLANEOUS RESOLUTION #11120 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: CIRCUIT COURT – USE OF MEDIATION FUNDS To the Oakland County Board of Commissioners Commissioners Minutes Continued. July 6, 2011 319 Chairperson, Ladies and Gentlemen: WHEREAS by Miscellaneous Resolution #90177, the Board of Commissioners established the Circuit Court Civil Mediation Fund; and WHEREAS the fund is to be used to help pay for Circuit Court enhancements and improvements as requested by the Circuit Court and approved by the Board of Commissioners; and WHEREAS the Court seeks to utilize the Mediation Fund for the following purposes: DESCRIPTION COST Jury Room table, chairs, file cabinets $12,000 OCBA (Bench/Bar Conference, Case Evaluation Administrative expenses) 10,000 TOTAL MEDIATION FUND REQUEST $22,000 ; and WHEREAS the total Civil Mediation Fund transfer for the above-referenced items is $22,000. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the use of $22,000 from the Circuit Court Civil Mediation Fund for the above-referenced items. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE FISCAL NOTE (MISC. #11120) BY: Finance Committee, Tom Middleton, Chairperson IN RE: CIRCUIT COURT – USE OF MEDIATION FUNDS 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. Resolution authorizes the utilization of Circuit Court Civil Mediation funds as established by Miscellaneous Resolution #90177. 2. Funds are requested in the amount of $12,000 to purchase furniture (Jury Room table, chairs, and file cabinets) and $10,000 for Oakland County Bar Association (Bench/Bar Conference, Case Evaluation administrative expenses) for a total cost of $22,000. 3. The Circuit Court Civil Mediation account (10100-3010301-121150-240201) has a balance of $447,912.50 available, of which a portion is reserved to pay attorney bills. Funding is sufficient enough to cover the attorney bills and the request for furniture and County Bar Association expenses. 4. The FY 2011 budget is amended as follows: CIRCUIT COURT MEDIATION FUNDS (#10100) FY 2011 Revenue 3010301-121150-630245 Civil Mediation $ 22,000 Total Revenue $ 22,000 Expenditures 3010101-121100-731458 Professional Svcs $ 10,000 3010101-121100-750154 Expendable Equip. 12,000 Total Expenditures $ 22,000 FINANCE COMMITTEE (The vote for this motion appears on page 320.) *REPORT (MISC. #11121) BY: Human Resources Committee, John Scott, Chairperson IN RE: PROBATE COURT – FY 2011 – 2014 BUDGET TASK To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee, having reviewed Miscellaneous Resolution #11121 on July 6, 2011, hereby recommends the resolution be adopted. Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing report. Commissioners Minutes Continued. July 6, 2011 320 HUMAN RESOURCES COMMITTEE MISCELLANEOUS RESOLUTION #11121 BY: Public Services, Jim Runestad, Chairperson IN RE: PROBATE COURT – FY2011 - 2014 BUDGET TASK To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Executive assigned departmental budget tasks for FY 2011 through FY 2014 and declared a triennial budget plan for Fiscal Years 2012/2013/2014; and WHEREAS the Probate Court was assigned a budget task for FY 2011 through FY 2014; and WHEREAS in order to meet its share of the budget task, the Probate Court has identified structural revisions in staff positions that impact the General Fund and have resulted in cost savings meeting the required FY 2011 through FY 2014 budget task; and WHEREAS the revisions in staff positions include the deletion of one (1) GF/GP Deputy Probate Register II position #3040403-07510 (salary grade 7) effective 07/02/2011. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the following position changes in the Probate Court: 1. To delete the following full-time eligible position: Dept/Position Number Position Title Funding 3040403-07510 Deputy Probate Register II GF/GP Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE FISCAL NOTE (MISC. #11121) BY: Finance Committee, Tom Middleton, Chairperson IN RE: PROBATE COURT – FY2011 – FY2014 BUDGET TASK 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. Probate Court has proposed a plan to reduce costs to meet their budget task for FY 2011 by deleting one (1) FTE Deputy Probate Register II position effective 07/02/2011. 2. The position change will result in GF/GP salary and fringe benefit savings of $18,205 for FY 2011. 3. Savings for the FY 2012, FY 2013, and FY 2014 are included in the County Executive Recommended Budget. 4. The FY 2011 budget is amended as follows: GENERAL FUND (#10100) FY 2011 Expenditures 3040403-124015-702010 Probate Ct - Salaries Regular ($10,041) 3040403-124015-722750 Probate Ct - Workers Compensation ( 22) 3040403-124015-722760 Probate Ct - Group Life ( 37) 3040403-124015-722770 Probate Ct - Retirement ( 3,513) 3040403-124015-722780 Probate Ct - Hospitalization ( 3,404) 3040403-124015-722790 Probate Ct - Social Security ( 768) 3040403-124015-722800 Probate Ct - Dental ( 336) 3040403-124015-722810 Probate Ct - Disability ( 35) 3040403-124015-722820 Probate Ct - Unemployment Insurance( 44) 3040403-124015-722850 Probate Ct - Optical ( 5) 9010101-196030-740023 Non-Dept - Budget Transition 18,205 Total General Fund $ -0- FINANCE COMMITTEE Commissioners Minutes Continued. July 6, 2011 321 Vote on Consent Agenda: AYES: Crawford, Dwyer, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Scott, Taub, Weipert, Woodward, Zack, Bosnic, Covey. (24) NAYS: None. (0) MISCELLANEOUS RESOLUTION #11134 BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS - AWARD OF CONTRACT FOR FISCAL YEAR 2011 THROUGH FISCAL YEAR 2013 INDEPENDENT ANNUAL AUDIT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County is required to hire an independent party to conduct annual audits of the County’s financial statements; and WHEREAS the contract with the current independent auditor, Plante & Moran, PLLC, expires on June 30, 2011; and WHEREAS on March 2, 2011, the County issued RFP #001736 to conduct to the annual independent audit of the County’s financial statements; and WHEREAS RFP #001736 specified a Review Committee to evaluate the proposals received and recommend a vendor to the Audit Subcommittee; and WHEREAS the Audit Subcommittee has reviewed the Review Committee’s recommendation and concurs in recommending contracting with Plante and Moran, PLLP to conduct the annual independent audit of the County’s financial statements for the fiscal year ending September 30, 2011 through the fiscal year ending September 30, 2013 with an option to include Fiscal Year 2014 and Fiscal Year 2015; and WHEREAS Plante & Moran’s proposal includes audit fees of $227,000 for the first year, with inflationary adjustments each succeeding year; and WHEREAS the County Executive’s FY 2012 - FY 2014 Budget recommendation includes sufficient funding, under the Board of Commissioners, to cover the cost of this agreement. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners awards a contract to Plante & Moran, PLLP to conduct the annual independent audit of the County’s financial statements for the fiscal year ending September 30, 2011 through the fiscal year ending September 30, 2013, with an option to include Fiscal Year 2014 and Fiscal Year 2015. BE IT FURTHER RESOLVED that the continuation of this agreement to include the annual independent audit of the County’s financial statements for the fiscal year ending September 30, 2014 and the fiscal year ending September 30, 2015 requires the approval of the Audit Subcommittee. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE Copy of a Review Committee Recommendation for Independent Auditing Firm on file in County Clerk’s office. Moved by Middleton supported by McGillivray the resolution be adopted. Moved by Woodward supported by Covey the resolution be amended as follows: BE IT FURTHER RESOLVED that the continuation of this agreement to include the annual independent audit of the County’s financial statements for the fiscal year ending September 30, 2014 and the fiscal year ending September 30, 2015 requires the approval of the Audit Subcommittee Board of Commissioners. Discussion followed. Chairperson Michael Gingell declared a brief recess. A sufficient majority having not voted in favor, the amendment failed. Commissioners Minutes Continued. July 6, 2011 322 Discussion followed. Vote on resolution: AYES: Gershenson, Gingell, Gosselin, Greimel, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Scott, Taub, Weipert, Zack, Bosnic, Covey, Crawford, Dwyer. (23) NAYS: Woodward. (1) A sufficient majority having voted in favor, the resolution was adopted. REPORT BY: General Government Committee – Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – APPOINTMENT TO THE FRIEND OF THE COURT CITIZENS ADVISORY COMMITTEE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered these appointments on June 27, 2011 hereby recommends that Kevin O’Shea be appointed to the Custodial Parent seat on the Oakland County Friend of the Court Citizens Advisory Committee for a three-year term of July 1, 2011 – June 30, 2014. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Copy of an Application for Appointment to Oakland County Friend of the Court – Citizens Advisory Committee and three letters of recommendations Incorporated by Reference. Original on file in County Clerk’s office. Moved by Long supported by Nash the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Chairperson Michael Gingell asked if there were any other nominations. There were none. Moved by Long supported by Nash the appointment of Kevin O’Shea to the Friend of the Court Citizens Advisory Committee for a Three-Year Term ending June 30, 2014 be confirmed. Vote on appointment: AYES: Gingell, Gosselin, Greimel, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Scott, Taub, Weipert, Woodward, Zack, Bosnic, Covey, Crawford, Dwyer, Gershenson. (24) NAYS: None. (0) A sufficient majority having voted in favor, the appointment of Kevin O’Shea to the Friend of the Court Citizens Advisory Committee for a Three-Year Term ending June 30, 2014 was confirmed. REPORT BY: General Government Committee – Christine Long, Chairperson IN RE: MR #11097 – BOARD OF COMMISSIONERS – SUPPORT FOR AMENDING MCL 168-449(3) TO ELIMINATE THE REQUIREMENT THAT LOCAL CLERKS SEND CORRECTED VOTER IDENTIFICATION CARDS DUE TO REDISTRICTING RESULTING FROM THE DECENNIAL CENSUS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered the above titled resolution on June 27, 2011 hereby recommends that the resolution be amended as follows. 1. Amend the last WHEREAS: Commissioners Minutes Continued. July 6, 2011 323 WHEREAS clerks should be allowed shall be required to publish a public notice in a newspaper or within a community newsletter or on their municipal website identifying new districts and offer new cards upon request by the voter. 2. Amend the first BE IT FURTHER RESOLVED: BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners recommends that clerks may shall publish a public notice of district changes in a newspaper of general circulation. 3. Amend the last BE IT FURTHER RESOLVED: BE IT FURTHER RESOLVED that the County Clerk send a copy of this resolution to the Governor, Secretary of State, and Oakland County State Senators and Representatives, the Oakland County Board of Commissioners’ lobbyists and the Michigan Association of Counties. Chairperson, on behalf of the General Government Committee, I recommend acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #11097 BY: Commissioner Jeff Matis, District #12 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR AMENDING MCL 168.499(3)TO ELIMINATE THE REQUIREMENT THAT LOCAL CLERKS SEND CORRECTED VOTER IDENTIFICATION CARDS DUE TO REDISTRICTING RESULTING FROM THE DECENNIAL CENSUS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Michigan Election Law, MCL 168.499(3), requires that local clerks send a corrected voter identification card to a voter affected by a change in United States Representative, State Senatorial, State Representative, or County Commission District; and WHEREAS this section further states that the card shall be sent by First Class Mail; and WHEREAS Michigan municipalities have been advised that the 2010 census shows a reduction in population which will result in the loss of one Congressional seat; and WHEREAS the state legislature will begin the process of redistricting the entire State of Michigan, and WHEREAS the redistricting will potentially affect most, if not all, jurisdictions in the State, thereby requiring clerks to send new voter identification cards to all registered voters; and WHEREAS Michigan’s voting age population as of the 2000 census was over 7 million people, with over 1 million voters registered in Oakland County; and WHEREAS the cost of sending these corrected cards could cost several million dollars state-wide, and WHEREAS municipalities must budget and provide funding for this mailing adding to the fiscal difficulties communities are facing during a challenging economic time; and WHEREAS decades ago the voter identification card was one of a few means by which a voter was notified of this information; and WHEREAS with the widespread use of the internet and the availability of government websites the voter identification card has become less useful for this purpose; and WHEREAS a voter is not required to use the voter identification card to exercise their right to vote; and WHEREAS clerks should be allowed to publish a public notice in a newspaper or within a community newsletter or on their municipal website identifying new districts and offer new cards upon request by the voter. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners requests the Michigan State Legislature to consider amending MCL 168.499(3) to eliminate the requirement that clerks send corrected voter identification cards due to redistricting of United States Representative, State Senatorial, State Representative, or County Commission districts. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners recommends that clerks may publish a public notice of district changes in a newspaper of general circulation. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners recommends that clerks may provide notice of district changes by community newsletter or their municipal website. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners recommends that clerks be required to send a corrected voter identification card upon request. Commissioners Minutes Continued. July 6, 2011 324 BE IT FURTHER RESOLVED that the County Clerk send a copy of this resolution to the Governor, Secretary of State, and Oakland County State Senators and Representatives. Chairperson, I move the foregoing resolution. JEFF MATIS, SHELLEY TAUB, MICHAEL GINGELL, BILL DWYER, JOHN SCOTT Moved by Long supported by Woodward the resolution be adopted. Moved by Long supported by Woodward the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Long 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: Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nuccio, Potts, Quarles, Scott, Taub, Weipert, Woodward, Zack, Bosnic, Covey, Crawford, Dwyer, Gingell. (21) NAYS: Greimel, Nash, Gershenson. (3) A sufficient majority having voted in favor, the resolution, as amended, was adopted. REPORT BY: General Government Committee – Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – APPOINTMENT TO THE OAKLAND COUNTY PARKS AND RECREATION COMMISSION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered this appointment on June 27, 2011 hereby recommends that A. David Baumhart, III be appointed to the Oakland County Parks and Recreation Commission, to complete the three-year term for the “Citizen” seat, vacated due to the resignation of Charles Palmer, which ends December 31, 2012. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Copy of an Application form for Appointment to Boards, Committee and Commissions Incorporated by Reference. Original on file in County Clerk’s office. Moved by Long supported by Potts the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Chairperson Michael Gingell asked if there were any other nominations. There were none. Discussion followed. Moved by Long supported by Potts the appointment of A. David Baumhart, III to the Oakland County Parks and Recreation Commission to complete the Three-Year Term ending December 31, 2012 be confirmed. Vote on appointment: AYES: Hatchett, Hoffman, Long, Matis, McGillivray, Middleton, Nuccio, Potts, Scott, Taub, Weipert, Bosnic, Crawford, Dwyer, Gingell, Gosselin. (16) Commissioners Minutes Continued. July 6, 2011 325 NAYS: Greimel, Jackson, Nash, Quarles, Woodward, Zack, Covey, Gershenson. (8) A sufficient majority having voted in favor, the appointment was confirmed. Commissioner Scott stated there were no items to report on the Regular Agenda for the Human Resources Committee. MISCELLANEOUS RESOLUTION #11135 BY: Planning and Building Committee, David Potts, Chairperson IN RE: WATER RESOURCES COMMISSIONER – OAKLAND-MACOMB INTERCEPTOR DRAIN DRAINAGE DISTRICTFULL FAITH AND CREDIT RESOLUTION To the Oakland County Board of Commissioners: Chairperson, Ladies and Gentlemen: WHEREAS pursuant to the authorization provided in Chapter 21 of the Drain Code, the Drainage Board of the Oakland-Macomb Interceptor Drain Drainage District (the “Drainage District”) expects to provide for the issuance of one or more series of bonds to finance costs relating to the project described on Schedule I (the “Project”), and the costs of issuance of such bonds; and WHEREAS all or a portion of such bonds will be sold to the Michigan Finance Authority (“Authority”) under the State Revolving Fund Program; and WHEREAS, such bonds will be payable in part from the collection of special assessments against public corporations in Oakland and Macomb Counties in the Drainage District, said special assessments to be duly confirmed as provided in the Drain Code; and WHEREAS pursuant to a Corrected Final Order of Apportionment dated July 20, 2010 adopted by the Drainage Board for the Drainage District, the cost of the Project has been apportioned against public corporations in Oakland County as follows: City of Auburn Hills (3.3059%), Independence Township (includes City of Clarkston) (3.1622%), City of Lake Angelus (0.0359%), City of Rochester (2.9035%), City of Rochester Hills (12.9326%), Oakland Township (2.0159%), Orion Township (4.6139%), Oxford Township (2.4184%), Village of Lake Orion (0.6612%), Village of Oxford (1.1499%), Waterford Township (13.4608%), and West Bloomfield Township (1.8398%); and WHEREAS pursuant to a Corrected Final Order of Apportionment dated July 20, 2010 adopted by the Drainage Board for the Drainage District, the cost of the Project has been apportioned against public corporations in Macomb County as follows: Chesterfield Township (3.9434%), City of Fraser (2.3239%), City of Sterling Heights (16.4901%), City of Utica (0.9289%), Clinton Township (11.2458%), Harrison Township (3.0015%), Lenox Township (0.2519%), Macomb Township (6.7545%), Shelby Township (4.7641%), Village of New Haven (0.5379%), and Washington Township (1.2580%); and WHEREAS the Drainage Board of the Oakland-Macomb Interceptor Drain has or will authorize and provide for the issuance by the Oakland-Macomb Interceptor Drain Drainage District of its Drain Bonds, Series 2011A, in the aggregate principal amount of not to exceed $50,000,000 (the “Series 2011A Bonds”) to defray part of the costs of the Project; and WHEREAS Section 526 of Act 40, Public Acts of Michigan, 1956, as amended (the “Drain Code”), authorizes a county to pledge its full faith and credit for the payment of obligations issued under Chapter 21 of the Drain Code, if the county board of commissioners has adopted a resolution by two-thirds (2/3) vote of its members-elect to that effect; and WHEREAS the Series 2011A Bonds are to be designated Oakland-Macomb Interceptor Drain Drainage District Bonds (Limited Tax General Obligation), Series 2011A, with such modifications and other designations as may be approved by resolution of the Drainage Board, in an aggregate principal amount not to exceed $50,000,000, with such bonds expected to be issued in approximately September 2011, bearing interest at the rates and maturing in such amounts and at such times as may be determined pursuant to the resolution of the Drainage Board; and WHEREAS said Project is immediately necessary to protect and preserve the public health, and it is in the best interest of Oakland County that the Drain Bonds be sold and secured by a pledge of the full faith and credit of Oakland County, as authorized by Section 526 of the Drain Code; and WHEREAS the Board of Commissioners of Macomb County is expected to adopt a similar resolution pledging its full faith and credit for the payment of the Drain Bonds. NOW THEREFORE, BE IT RESOLVED BY THE OAKLAND COUNTY BOARD OF COMMISSIONERS: Commissioners Minutes Continued. July 6, 2011 326 1. Pursuant to the authorization provided in Section 526 of the Drain Code, the Oakland County Board of Commissioners, by a majority vote of at least two-thirds (2/3) of its members-elect, does hereby irrevocably pledge the full faith and credit of Oakland County for the prompt payment of the principal of and interest on the Series 2011A Bonds, in one or more series, not to exceed in the aggregate $50,000,000, and does agree that in the event any public corporations in Oakland County shall fail or neglect to account to the Oakland County Treasurer for the amount of any special assessment installment and interest (in anticipation of which the bonds are issued) when due, then the amount thereof shall be advanced from the funds of Oakland County, and the Oakland County Treasurer is directed to make such advancement to the extent necessary. 2. In the event that, pursuant to said pledge of its full faith and credit Oakland County advances out of Oakland County funds all or any part of the principal and interest due on the bonds, it shall be the duty of the Oakland County Treasurer, for and on behalf of Oakland County, to take all actions and proceedings and pursue all remedies permitted or authorized by law for the reimbursement of such sums so paid. 3. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE SCHEDULE I Structural rehabilitation of the Oakland-Macomb Interceptor Drain and necessary ancillary construction: Contract No. 3 – Segment 2 repair work is located along the Edison Corridor Interceptor and Oakland Arm Interceptor extending from the Northeast Sewage Pumping Station in the City of Detroit, through various private properties and the Amber Road Rights-of-Way, through International Transmission Company (ITC) corridor in the City of Warren, City of Sterling Heights, and through the 15 Mile Road, Dodge Park Road and Utica Road Rights-of-Way in the City of Sterling Heights. The work is within the City of Detroit, City of Sterling Heights and the City of Warren, Michigan. The proposed contract work for the OMID Segment 2 program generally includes preliminary rehabilitation efforts including flow control, leak sealing, grouting of potential voids, pipe surface re-lining and spot repairs and consist of the following construction: 1. Control Structure No. 11- PCI 5 Access Structure: This is a 29-foot inside diameter cylindrical access shaft is located on the DWSD North East Pump Station property just south of 8 Mile Road. The construction of the PCI 5 access structure will include temporary dewatering, excavation, construction of a temporary circular earth retention system, temporary flume in sewer, concrete base slab and walls, backfill, and site restoration. The shaft cover will be constructed from precast concrete units. The shaft walls will include guide rails/grooves for future gate installation. 2. Access Manhole # 104A - PCI 6 Access Structure: The structure is approximately 12 foot diameter, cylindrical access shaft located south of Interstate 696 near Palomino Avenue. The construction of Manhole #104A will include temporary dewatering, excavation, construction of a temporary circular earth retention system, concrete and steel walls, backfill, and site restoration. The shaft cover will be constructed of reinforced concrete. 3. North East Pump Station Modifications and Implementation of Flow Control: Modifications to the Northeast Sewage Pumping Station include the installation of a new 1250 HP variable speed pump, electrical variable speed drive, switch gear, 130 HP pump, controls, piping, wiring, SCADA radio and internet networking, valves and related appurtenances, for both pumps, required for dewatering the OMID sewage transmission system, allowing the contractor to enter the 100 feet deep interceptor to perform structural rehabilitation of the piping. As part of the work, Commissioners Minutes Continued. July 6, 2011 327 the Contractor will also be responsible for the operation of these new pumps, along with existing upstream flow control gate structures and a temporary pump station, to manage flow in the interceptor system in accordance with a comprehensive flow control scheme. 4. Structural Piping Rehabilitation: The contractor will perform various types of structural pipe repair and rehabilitation at selected locations along PCI-5, PCI-6, PCI-7, and PCI-8. These will include cementitious grouting of voids outside the interceptor, sealing of leaks with chemical grout in areas where there is running or gushing infiltration, isolated liner repairs, repair of holes and localized wall erosions at locations as directed by the Engineer. Additionally, in specified sections, glass fiber reinforced shotcrete will be applied to the inner surface of the pipe wall. This work also includes the repair and rehabilitation of the existing control structure CS-4. The construction of small diameter drop shafts at various locations along the sewer alignment will be constructed to aid in delivery of relining, chemical and cementitious material in order to accomplish the work. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #11136 BY: Planning and Building Committee, David Potts, Chairperson IN RE: THE DEPARTMENT OF FACILITIES MANAGEMENT/PARKS AND RECREATION COMMISSION – REQUEST TO GRANT EASEMENT FOR UNDERGROUND GAS PIPELINE TO CONSUMERS ENERGY COMPANY – ORION OAKS COUNTY PARK To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is the owner of Orion Oaks County Park located in Orion Township; and WHEREAS the Consumers Energy Company desires to connect the new Orion Township Senior Center to their existing 8” high-pressure gas main pipeline located within the park, parallel and adjacent to the Joslyn Road right-of-way, and has requested that the County of Oakland grant a 12-ft. wide easement for this connection; and WHEREAS the Consumers Energy Company also informed the County of Oakland that two parts of the underground gas pipeline have existed on the property outside of the Joslyn Road right-of-way since approximately 1961 and has requested that the County of Oakland grant a 12-ft. wide easement for these portions of the existing pipeline; and WHEREAS the Parks and Recreation Commission, Corporation Counsel, and Facilities Management staff are actively working with Orion Township and Consumers Energy Company to make the necessary connections; and WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the granting of the easement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes and approves the granting of the attached easement for an underground gas pipeline connection at Orion Oaks County Park to the Consumers Energy Company for the sum of one dollar. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or designee to execute the attached easement for underground gas pipeline and related appurtenances. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Orion Oaks Consumer Energy Easement, Grant of Underground Easement in Gross for Gas Pipeline, Exhibit A and Easement Sketch Incorporated by Reference. Original on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. Commissioners Minutes Continued. July 6, 2011 328 MISCELLANEOUS RESOLUTION # 11137 BY: Planning and Building Committee, David Potts, Chairperson IN RE: FACILITIES MANAGEMENT/FACILITIES MAINTENANCE & OPERATIONS – APPROVAL OF JOINT OPERATING AGREEMENT BETWEEN THE OAKLAND COUNTY SHERIFF’S OFFICE AND 52- 3 DISTRICT COURT To the Oakland County Board of Commissioners Chairperson, Ladies, and Gentlemen: WHEREAS the County and the Sheriff’s Office entered into a joint operating agreement (JOA) in 2003 for operating and maintaining the 52-3 court building (700 Barclay Circle) and the Sheriff’s Rochester Hills sub-station (750 Barclay Circle) including, but not limited to the buildings, the grounds, the parking lot, and utilities; and WHEREAS the JOA requires the Parties to review the terms and conditions of the attached JOA periodically, allows amendments thereto as set forth therein, and permits the renewal of the JOA upon mutual consent; and WHEREAS the Parties shall perform all services set forth in Exhibit A, Schedule of Responsibilities, replacing paragraphs 2-5 of the JOA; and WHEREAS the JOA and Exhibit A shall be reviewed annually to determine whether the costs for operating and maintaining the 52-3 court building (700 Barclay Circle) and the Sheriff’s Rochester Hills sub-station (750 Barclay Circle) are being divided equitably or if either party can perform a responsibility listed in Exhibit A at a lesser cost; and WHEREAS if either of the above conditions are determined to exist, then both parties shall work together to more equitably divide the responsibilities or transfer the responsibility to the more efficient, cost effective Party; and WHEREAS expressly provided herein, all other terms and conditions of the JOA shall remain in effect; and WHEREAS the agreement would remain in effect from the time of execution until March 31, 2016. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached Joint Operating Agreement for the premises located at 700 and 750 Barclay Circle, Rochester Hills, MI between the City of Rochester Hills and the County of Oakland. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or designee to execute the attached Joint Operating Agreement for the premises located at 700 and 750 Barclay Circle, Rochester Hills, MI between the City of Rochester Hills and the County of Oakland. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Amendment 1 Joint Operating Agreement 52-3 Rochester District Court/Sheriff Substation, Schedule of Responsibilities and Joint Operating Agreement 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 #11138 BY: Planning and Building Committee, David Potts, Chairperson IN RE: FACILITIES MANAGEMENT/CLERK’S OFFICE - RELOCATION OF ELECTIONS DIVISION TO WEST WING EXTENSION OF THE COURTHOUSE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Elections Division office is in need of additional secure space; and WHEREAS the Elections Division programming and election night reporting room as well as the Board of Canvassers operation is presently located in the West Wing and Executive Office Building Conference Center, which is quite separated from the Elections Division office on the ground floor of the courthouse; and WHEREAS on election night the Elections Division adds personnel on overtime to staff four (4) separate locations in the courthouse because of space limitations; and Commissioners Minutes Continued. July 6, 2011 329 WHEREAS the Board of Canvassers requires its operations be conducted in a secure, locked room for a period of two weeks for the four elections held each year; and WHEREAS the Elections Division would like to secure additional space, consolidate operations, and enhance the ease of information access for customers; and WHEREAS the Circuit Court records vault is running out of space and the relocation of the Elections Division will allow expansion of that storage area; and WHEREAS the entire Circuit Court civil docket and four (4) Family Court Judges are presently on E-Filing; and WHEREAS the Probate Court is presently exploring an E-Filing pilot project; and WHEREAS the number of pro se litigants (individuals representing themselves) has increased; and WHEREAS the Clerk’s Office’s counter-top self-service computers are currently in the hallway, which creates traffic flow issues at times, are limited to only two (2) due to space and the counters are quite high causing customer access issues especially for customers in wheelchairs; and WHEREAS there is suitable space available in the West Wing Extension of the Courthouse that was formally occupied by the Library for the Visually and Physically Impaired (LVPI); and WHEREAS the estimated cost for the relocation of the Elections Division of the Clerk’s Office to the former LVPI space is $93,967 and the estimated cost to renovate the area to be vacated by the Elections Division is $17,285, for an estimated project total of $111,252; and WHEREAS funds are available from within the Clerk’s Office budget to fund this request. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the relocation of the Elections Division of the Clerk’s Office to the old LVPI space in the West Wing Extension of the Courthouse. BE IT FURTHER RESOLVED that the existing Elections Division space be renovated to provide a customer service center, including additional desktop computers in a more private setting for customers to research and access records and to establish an E-Filing service center to assist pro se litigants. Floor plans of the proposed relocation/renovations are attached. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Proposed Furniture Plan Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #11138) BY: Finance Committee, Tom Middleton, Chairperson IN RE: FACILITIES MANAGEMENT/CLERK’S OFFICE – CLERK’S OFFICE-RELOCATION OF ELECTIONS DIVISION TO WEST WING EXTENSION OF THE COURTHOUSE 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. Estimated costs are $111,252, which include costs to renovate vacated office space in the Courthouse West Wing, Courthouse Tower and moving expenses. 2. Funds are available in the Clerk’s Office Professional Services account to cover the expenses and to transfer the monies to the Project Work Order Fund. 3. The FY 2011 Budget is amended as follows: GENERAL FUND (#10100) FY 2011 Expenditures 2010401-172190-731458 Clerk – Professional Services $(111,252) 2010101-180000-788001-40400 Transfer Out to Proj Work Order Fund $ 111,252 Total Expenditures $ 0 PROJECT WORK ORDER (#40400 – Project ID 100000001505) 1040101-148020-695500-10100 Transfer In from GF - Clerk $ 111,252 1040101-148020-796500 Budgeted Equity Adjustment $(111,252) Total $ 0 FINANCE COMMITTEE Commissioners Minutes Continued. July 6, 2011 330 Moved by Potts supported by Middleton the resolution (with fiscal note attached) be adopted. AYES: Hatchett, Hoffman, Jackson, Long, Matis, Middleton, Nash, Nuccio, Potts, Scott, Taub, Weipert, Woodward, Bosnic, Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin. (20) NAYS: McGillivray, Quarles, Zack, Greimel. (4) A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted. MISCELLANEOUS RESOLUTION #11139 BY: Planning and Building Committee – David Potts, Chairperson IN RE: ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS POSITION DELETION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Economic Development and Community Affairs Department is an integral part of the structural reductions required to meet the County Executive’s overall budget task for Fiscal years 2011-2014; and WHEREAS the Economic Development and Community Affairs Department proposes to delete one (1) part-time non-eligible, 1000 hours Technical Assistant position; and WHEREAS this change will result in a savings to be applied to the County Executive FY 2011-2014 budget task. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the deletion of one (1) part-time non-eligible, 1,000 hours GF/GP Technical Assistant position #1090205-10243. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE The Chairperson referred the resolution to the Human Resources Committee and the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #11140 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: SHERIFF’S OFFICE – NARCOTICS ENFORCEMENT TEAM (NET) INTERLOCAL AGREEMENT WITH THE CITY OF ROCHESTER To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners adopted Miscellaneous Resolution #00307 on December 14, 2000 authorizing the Narcotics Enforcement Team (NET) to operate under the direction of the Sheriff; and WHEREAS as part of the policy and operational control on NET, the County and the local units have agreed upon the attached Interlocal Agreement (M.R. #01024); and WHEREAS the City of Rochester is requesting to join the Oakland County Narcotics Enforcement Team; and WHEREAS the City of Rochester has agreed to the attached Interlocal Agreement between the City and the County; and WHEREAS the Sheriff and the NET Advisory Board have agreed to allow the City of Rochester to participate in NET and have agreed to the attached Interlocal Agreement; and WHEREAS Corporation Counsel has approved the attached agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached Interlocal Agreement with The City of Rochester and authorizes the Chairperson of the Board to sign the agreement. BE IT FURTHER RESOLVED that one unmarked vehicle with radio and prep be added to the County fleet. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of a letter from the City of Rochester, Oakland County Department of Corporation Counsel Request for Legal Assistance Communication and an Interlocal Agreement with Oakland County Narcotic Commissioners Minutes Continued. July 6, 2011 331 Enforcement Team Between Oakland County and City of Rochester 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 #11141 BY: Public Services Committee – Jim Runestad, Chairperson IN RE: 52-1 NOVI DISTRICT COURT POSITION DELETION/CREATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Executive assigned departmental budget tasks for FY 2011 through FY 2014 and declared a triennial budget plan for fiscal years 2012, 2013, and 2014; and WHEREAS the District Court was assigned a budget task for FY 2011 through FY 2014; and WHEREAS in order to meet its share of the budget task, the Fifty-Second Division One Novi District Court has identified revisions in staff positions that impact the General Fund and have resulted in cost savings toward the required FY 2011 through FY 2014 budget task; and WHEREAS the revisions include the deletion of one (1) full-time non-eligible 2,000 hours GF/GP District Court Clerk I position and the creation of one (1) part-time non-eligible 1,000 hours GF/GP District Court Clerk I position; and WHEREAS this change will result in a savings to be applied to the FY 2011-2014 budget task. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the deletion of one (1) full-time non-eligible, 2,000 hours GF/GP District Court Clerk I position #3020201-10658. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves the creation of one (1) part-time non-eligible, 1,000 hours GF/GP District Court Clerk I position in #3020201. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE The Chairperson referred the resolution to the Human Resources Committee and the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #11142 BY: Public Services Committee – Jim Runestad, Chairperson IN RE: 52-3 ROCHESTER HILLS DISTRICT COURT POSITION DELETIONS/CREATIONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Executive assigned departmental budget tasks for FY 2011 through FY 2014 and declared a triennial budget plan for Fiscal Years 2012, 2013, and 2014; and WHEREAS the District Court was assigned a budget task for FY 2011 through FY 2014; and WHEREAS in order to meet its share of the budget task, the Fifty-Second Division Three Rochester Hills District Court has identified revisions in staff positions that impact the General Fund and have resulted in cost savings toward the required FY 2011 through FY 2014 budget task; and WHEREAS the revisions include the deletion of two (2) full-time eligible GF/GP District Court Clerk II positions, and one (1) full-time eligible GF/GP Probation Officer III position; and WHEREAS it is proposed to create one (1) full-time non-eligible, 2,000 hours GF/GP District Court Clerk II position, two (2) part-time non-eligible GF/GP District Court Clerk II positions, one with a sunset date of 10/01/12, and one (1) full-time non-eligible, 2,000 hours GF/GP Probation Officer II position; and WHEREAS this change will result in a savings to be applied to the FY 2011-2014 budget task. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the following position changes as shown below: 1. Delete the following GF/GP positions: Dept. Position No. Classification Funding/Status Effective Date 3020401-02715 District Court Clerk II GF/GP Full-Time 03/12/11 3020401-07175 District Court Clerk II GF/GP Full-Time 01/05/11 3020405-07236 Probation Officer III GF/GP Full-Time 05/13/11 2. Create the following GF/GP positions: Commissioners Minutes Continued. July 6, 2011 332 Dept. No. Classification Funding/Status 3020401 District Court Clerk II GF/GP Full-Time Non-Eligible 2,000 hours 3020401 District Court Clerk II GF/GP Part-Time Non-Eligible 1,000 hours 3020401 District Court Clerk II GF/GP Part-Time Non-Eligible 1,000 hours with a sunset date of 10/01/12. 3020405 Probation Officer II GF/GP Full-Time Non-Eligible 2,000 hours Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE The Chairperson referred the resolution to the Human Resources Committee and the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION # 11143 BY: Public Services, Jim Runestad, Chairperson IN RE: CIRCUIT COURT – FY 2011 - 2014 BUDGET TASK To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Executive assigned departmental budget tasks for FY 2011 through FY 2014 and declared a triennial budget plan for Fiscal Years 2012, 2013, and 2014; and WHEREAS the Circuit Court was assigned a budget task for FY 2011 through FY 2014; and WHEREAS in order to meet its share of the budget task, the Circuit Court has identified revisions in staff positions that impact the General Fund and have resulted in cost savings toward the required FY 2011 through FY 2014 budget task; and WHEREAS the revisions include the deletion of one (1) GF/GP Senior Court Reporter position #3010101-01035 (Appointed), and the deletion of one (1) GF/GP Secretary III position #3010101-09580, effective 10/01/10, the downward reclassification of one (1) GF/GP Caseflow/Alternative Dispute Resolution Supervisor position #3010301-01113 (salary grade 14) to an Office Supervisor II classification (salary grade 10), effective 04/23/11, the creation of one (1) GF/GP Court Clerk position (3010101) and the creation of one (1) GF/GP PTNE Secretary III position (3010101), effective 10/01/10. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the following position changes in the Circuit Court: 1. To delete the following full-time eligible positions: Dept/Position Number Position Title Funding 3010101-01035 Senior Court Reporter GF/GP 3010101-09580 Secretary III GF/GP 2. To reclassify the following position as shown below: From To Caseflow/Alt Dispute Res Supv (3010301-01113) Office Supervisor II (3010301) 3. To create one (1) GF/GP Court Clerk position (3010101) and one (1) GF/GP PTNE Secretary III position (3010101): Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE The Chairperson referred the resolution to the Human Resources Committee and the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #11144 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: SHERIFF'S OFFICE – AMENDMENT TO THE CONTRACT FOR LAW ENFORCEMENT SERVICES IN THE CITY OF PONTIAC To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Commissioners Minutes Continued. July 6, 2011 333 WHEREAS it is the policy of the Oakland County Board of Commissioners to permit the Sheriff’s Office to enter into contracts with Cities, Villages and Townships for the purpose of providing Sheriff patrol services; and WHEREAS the Board of Commissioners approved M.R. #11019 which authorized a contract between the City of Pontiac through the Emergency Manager; and WHEREAS the County has determined that amendments to the contract are necessary; and WHEREAS there will be no change from M.R. 11019 for the positions, equipment and financial effect for this amendment; WHEREAS Corporation Counsel has drafted the amendments and they are included in the attached contract. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached contract with the amendments, with the City of Pontiac. BE IT FURTHER RESOLVED that the all other aspects of M.R. #11019 remain in effect. Chairperson, I move adoption of the foregoing resolution. BILL DWYER Copy of Summary of Key Changes to 2011 Patrol Service Agreement with Pontiac and Oakland County Sheriff’s Office 2011 Law Enforcement Services Agreement with the City of Pontiac Incorporated by Reference. Original on file in County Clerk’s office. Move by Dwyer supported by Middleton the resolution be adopted. Discussion followed. Move by Greimel supported by Hatchett to Divide the Question to consider amending the Contract separately 1, 2, 5, 3 and 4 as outlined in the summary. Discussion followed. Chairperson Michael Gingell called a brief recess. Chairperson Michael Gingell called Board back to order. Vote on divide question: AYES: Nash, Quarles, Woodward, Zack, Gershenson, Greimel, Hatchett. (7) NAYS: Hoffman, Long, Matis, Middleton, Nuccio, Potts, Scott, Taub, Weipert, Bosnic, Crawford, Dwyer, Gingell, Gosselin. (14) A sufficient majority having not voted in favor, the amendment failed. Discussion followed. Moved by Scott supported by Gosselin to call the question and vote on the resolution as it stands. Vote on call to question: AYES: Long, Matis, Middleton, Nuccio, Potts, Scott, Taub, Weipert, Woodward, Bosnic, Crawford, Dwyer, Gingell, Gosselin, Hoffman. (15) NAYS: Jackson, McGillivray, Nash, Quarles, Zack, Covey, Gershenson, Greimel, Hatchett. (9) A sufficient majority having voted in favor, the resolution as it stands, was before the Board. Vote on resolution as it stands: AYES: Long, Matis, Middleton, Nuccio, Potts, Scott, Taub, Weipert, Woodward, Bosnic, Crawford, Dwyer, Gingell, Gosselin, Hoffman. (15) NAYS: McGillivray, Nash, Quarles, Zack, Covey, Gershenson, Greimel, Hatchett, Jackson. (9) Commissioners Minutes Continued. July 6, 2011 334 A sufficient majority having voted in favor, the resolution as it stands was adopted. Discussion followed. Moved by Woodward supported by Greimel to reconsider Miscellaneous Resolution #11144 – Sheriff’s Office – Amendment to the Contract for Law Enforcement Services in the City of Pontiac. Commissioner Greimel addressed the Board and requested to enter on the minutes the (last vote) page 321 section 37 (Robert Rules). Discussion followed. Chairperson Michael Gingell called a brief recess. Chairperson Michael Gingell called the Board back to order. Discussion followed. Commissioner Greimel addressed the Board and objected Chairperson Michael Gingell referencing the (Robert Rules) page 322. Discussion followed. Moved by Greimel supported by Zack to object and over-rule Chairperson Michael Gingell. Vote on over-rule: AYES: McGillivray, Nash, Quarles, Woodward, Zack, Covey, Gershenson, Greimel, Hatchett, Jackson. (10) NAYS: Matis, Middleton, Nuccio, Potts, Scott, Taub, Weipert, Bosnic, Crawford, Dwyer, Gingell, Gosselin, Hoffman, Long. (14) A sufficient majority having not voted in favor, the objection to over-rule Chairperson Michael Gingell was denied. Discussion followed. Vote on reconsideration: AYES: McGillivray, Nash, Quarles, Woodward, Zack, Covey, Gershenson, Greimel, Hatchett, Jackson. (10) NAYS: Middleton, Nuccio, Potts, Scott, Taub, Weipert, Bosnic, Crawford, Dwyer, Gingell, Gosselin, Hoffman, Long, Matis. (14) A sufficient majority having not voted in favor, the resolution that was before the Board to be reconsidered failed. Commissioner Greimel addressed the Board “Point of Order” to reconsider Miscellaneous Resolution #11144 supported by Woodward. Discussion followed. Chairperson Michael Gingell addressed the Board and ruled Commissioner Greimel “out of order”. MISCELLANEOUS RESOLUTION #11145 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: SHERIFF'S OFFICE – AMENDMENT TO THE CONTRACT FOR FIRE DISPATCH SERVICES IN THE CITY OF PONTIAC Commissioners Minutes Continued. July 6, 2011 335 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is the policy of the Oakland County Board of Commissioners to permit the Sheriff’s Office to enter into contracts with Cities, Villages and Townships for the purpose of providing fire dispatch services; and WHEREAS the Board of Commissioners approved M.R. #11020 which authorized a contract between the City of Pontiac through the Emergency Manager; and WHEREAS the County has determined that amendments to the contract are necessary; and WHEREAS there will be no change from M.R. 11020 for the positions, equipment and financial effect for this amendment; WHEREAS Corporation Counsel has drafted the amendments and they are included in the attached contract. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached contract with the amendments, with the City of Pontiac. BE IT FURTHER RESOLVED that the all other aspects of M.R. #11020 remain in effect. Chairperson, I move the adoption of the foregoing resolution. BILL DWYER Copy of Summary of Changes to Fire Dispatch Agreement with Pontiac and Fire Dispatch Service Agreement Between the County of Oakland and the City of Pontiac Incorporated by Reference. Original on file in County Clerk’s office. Moved by Dwyer supported by Middleton the resolution be adopted. AYES: Middleton, Nuccio, Potts, Scott, Taub, Weipert, Bosnic, Crawford, Dwyer, Gingell, Gosselin, Hoffman, Long, Matis. (14) NAYS: Nash, Quarles, Woodward, Zack, Covey, Gershenson, Greimel, Hatchett, Jackson, McGillivray. (10) A sufficient majority having voted in favor, the resolution was adopted. Motion to Discharge MR #11033 – Board of Commissioners – Support for the Detroit River International Crossing – as requested by Commissioner Jim Nash. MOTION TO DISCHARGE FAILED Discussion followed. MISCELLANEOUS RESOLUTION #11146 BY: Commissioner Dave Woodward, District #18 IN RE: BOARD OF COMMISSIONERS - OAKLAND COUNTY APPORTIONMENT COMMISSION - APPROPRIATION FOR OUTSIDE LEGAL SERVICES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Act 261 of 1966, MCL 46.401 requires the Apportionment Commission in each county to apportion the county into commissioner districts every ten years, consistent with the United States official decennial census figures; and WHEREAS pursuant to the Act, the Oakland County Apportionment Commission met ten times to develop a plan to reapportion county commission districts; and WHEREAS on May 20, 2011, the Oakland County Apportionment Commission adopted a plan by a vote of 3 yes and 2 no, for the county commission districts; and WHEREAS the adopted plan was submitted to Oakland County Clerk on May 20, 2011 and the Secretary of State on May 27, 2011 and dated as received by the Secretary of State on June 7, 2011, consistent with MCL 46.405; and WHEREAS pursuant to MCL 46.406, any registered voter of the county, within 30 days after the filing of the plan, may petition the Court of Appeals to review such plan; and WHEREAS on June 22, 2011, the Secretary of the Apportionment Commission was served with a copy of a complaint which was filed with the Court of Appeals on June 20, 2011; and Commissioners Minutes Continued. July 6, 2011 336 WHEREAS the Apportionment Commission seeks to retain outside counsel experienced with these specialized legal matters. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes the Apportionment Commission to retain the services of attorney Michael J. Hodge or Christopher M. Trebilcock of the law firm Miller Canfield to represent the Apportionment Commission or alternatively attorney Mary Ellen Gurewitz of the law firm Sachs Waldman at an amount not to exceed $11,980. BE IT FURTHER RESOLVED that the Board of Commissioners appropriates $11,980 for the purpose of covering the related legal expenses. BE IT FURTHER RESOLVED that the FY 2011 budget be amended as follows: GENERAL FUND (#10100) FY 2011 Expenditures 9090101-196030-730359 Non-Dept–Contingency ($11,980) 9010101-196030-740121 Non-Dept-Reapportionment $11,980 Total Expenditures $ 0 Chairperson, I move the foregoing resolution. DAVE WOODWARD, MATTIE HATCHETT, HELAINE ZACK, NANCY QUARLES, TIM GREIMEL, JANET JACKSON, GARY McGILLIVRAY, CRAIG COVEY, MARCIA GERSHENSON, JIM NASH Moved by Woodward supported by Nash to suspend the rules and vote on Miscellaneous Resolution #11146 – Board of Commissioners – Oakland County Apportionment Commission – Appropriation for Outside Legal Services. Vote on motion to suspend the rules: AYES: Quarles, Woodward, Zack, Covey, Gershenson, Greimel, Hatchett, Jackson, McGillivray, Nash. (10) NAYS: Nuccio, Scott, Taub, Weipert, Bosnic, Crawford, Dwyer, Gingell, Gosselin, Hoffman, Long, Matis, Middleton. (13) ABSTAIN: Potts. (1) A sufficient majority having not voted in favor, the motion to suspend the rules and vote on Miscellaneous Resolution #11146 – Board of Commissioners – Oakland County Apportionment Commission – Appropriation for Outside Legal Services failed. Commissioner Woodward requested to have this resolution be referred to the Finance Committee. There were no objections. Moved by Woodward supported by Covey to discharge the resolution from the Finance Committee. Vote to discharge: AYES: Quarles, Woodward, Zack, Covey, Gershenson, Greimel, Hatchett, Jackson, McGillivray, Nash. (10) NAYS: Scott, Taub, Weipert, Bosnic, Crawford, Dwyer, Gingell, Gosselin, Hoffman, Long, Matis, Middleton, Nuccio. (13) ABSTAIN. Potts. (1) A sufficient majority having not voted in favor, the resolution to be discharged from the Finance Committee failed. Moved by Taub supported by Scott to call the question and vote on the resolution as it stands. Commissioners Minutes Continued. July 6, 2011 337 Vote to call the question: AYES: Scott, Taub, Weipert, Bosnic, Crawford, Dwyer, Gingell, Gosselin, Hoffman, Long, Matis, Middleton, Nuccio. (13) NAYS: Quarles, Woodward, Zack, Covey, Gershenson, Greimel, Hatchett, Jackson, McGillivray, Nash. (10) ABSTAIN: Potts. (1) A sufficient majority having voted in favor, the resolution, as it stands before the Board, was referred back to the Finance Committee. MISCELLANEOUS RESOLUTION #11147 BY: Commissioner Beth Nuccio, District #1 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2011 APPROPRIATION – GROVELAND TOWNSHIP GRAVEL ROAD IMPROVEMENT – PROJECT NO. 50941 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the discretionary Tri-Party Road Improvement Program to assist Oakland County’s cities, villages and townships (CVTs) with the construction, maintenance and repair of roads located within the boundaries of an Oakland County CVT and under the supervision, direction and control of the Road Commission for Oakland County; and WHEREAS Miscellaneous Resolution #09221 established the revised Tri-Party Road Improvement Program – Funding and Project Approval Process; and WHEREAS Miscellaneous Resolution #09221, as amended by Miscellaneous Resolution #10045, provides that any discretionary Oakland County appropriation in support of the Tri-Party Road Improvement Program shall be distributed only from the designated General Fund Tri-Party Program fund balance and may be made only after completion of all of the following: 1. The Road Commission for Oakland County (RCOC) and an individual city, village, or township (CVT) have identified a specific project and said project is ready to be undertaken immediately; and 2. The RCOC has appropriated its 1/3 share of the funding for the project and transferred said appropriation to a specific project account; and 3. The CVT has authorized its 1/3 share of the funding for the project and has executed a written contract for payment with the RCOC; and 4. The Commissioner(s) representing the CVT requesting the project submits to the Board of Commissioners Finance Committee a resolution authorizing the appropriation of the County’s 1/3 share of the project from the General Fund Designated Fund Balance for Tri-Party Program. The resolution shall be approved by the Finance Committee and the full Board before any funds may be released from the Tri-Party Program designation account; and WHEREAS the Township of Groveland, along with the Road Commissioner for Oakland County has identified a specific project and said project is ready to be undertaken immediately; and WHEREAS the Road Commission for Oakland County has appropriated its one-third (1/3) share of the funding for the identified project in the Township of Groveland and said appropriation has been transferred to a specific project account; and WHEREAS the Township of Groveland 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 Township of Groveland is $10,585. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Township of Groveland 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. Commissioners Minutes Continued. July 6, 2011 338 BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to the Road Commission for Oakland County, Oakland County Fiscal Services and the Township of Groveland. Chairperson, I move the adoption of the foregoing Resolution. BETH NUCCIO Copy of Correspondence from Patricia Z. Wierzbicki Deputy-Secretary/Clerk of the Board for the Oakland County Road Commission, Correspondence from Thomas G. Noechel Programming Supervisor for the Oakland County Road Commission, Cost Participation Agreement and Exhibit 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 #11148 BY: Commissioner Beth Nuccio, District #1 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2011 APPROPRIATION – ADDISON TOWNSHIP GRAVEL ROAD IMPROVEMENT – PROJECT NO. 50981 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 Addison Township, along with the Road Commissioner for Oakland County has identified a specific project and said project is ready to be undertaken immediately; and WHEREAS the Road Commission for Oakland County has appropriated its one-third (1/3) share of the funding for the identified project in Addison Township and said appropriation has been transferred to a specific project account; and WHEREAS Addison Township has demonstrated that it has authorized its one-third (1/3) share of the funding for the specified project and has executed a written contract for payment with the Road Commission for Oakland County; and WHEREAS Oakland County’s one-third (1/3) share of the Fiscal Year 2011 authorized amount of Tri- Party Road Improvement funding for Addison Township is $21,000. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by Addison Township as eligible for appropriation and authorizes the Commissioners Minutes Continued. July 6, 2011 339 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 Addison Township. Chairperson, I move the adoption of the foregoing Resolution. BETH NUCCIO Copy of Correspondence from Patricia Z. Wierzbicki Deputy-Secretary/Clerk of the Board for the Oakland County Road Commission, Correspondence from Thomas G. Noechel Programming Supervisor for the Oakland County Road Commission, Cost Participation Agreement and Exhibit 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 #11149 BY: Commissioner Bob Hoffman, District #2 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2011 APPROPRIATION – TOWNSHIP OF ROSE, ROSE CENTER ROAD WEST OF MILFORD ROAD – PROJECT NO. 50961 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the discretionary Tri-Party Road Improvement Program to assist Oakland County’s cities, villages and townships (CVTs) with the construction, maintenance and repair of roads located within the boundaries of an Oakland County CVT and under the supervision, direction and control of the Road Commission for Oakland County; and WHEREAS Miscellaneous Resolution #09221 established the revised Tri-Party Road Improvement Program – Funding and Project Approval Process; and WHEREAS Miscellaneous Resolution #09221, as amended by Miscellaneous Resolution #10045, provides that any discretionary Oakland County appropriation in support of the Tri-Party Road Improvement Program shall be distributed only from the designated General Fund Tri-Party Program fund balance and may be made only after completion of all of the following: 1. The Road Commission for Oakland County (RCOC) and an individual city, village, or township (CVT) have identified a specific project and said project is ready to be undertaken immediately; and 2. The RCOC has appropriated its 1/3 share of the funding for the project and transferred said appropriation to a specific project account; and 3. The CVT has authorized its 1/3 share of the funding for the project and has executed a written contract for payment with the RCOC; and 4. The Commissioner(s) representing the CVT requesting the project submits to the Board of Commissioners Finance Committee a resolution authorizing the appropriation of the County’s 1/3 share of the project from the General Fund Designated Fund Balance for Tri-Party Program. The resolution shall be approved by the Finance Committee and the full Board before any funds may be released from the Tri-Party Program designation account; and WHEREAS the Township of Rose, along with the Road Commissioner for Oakland County has identified a specific project and said project is ready to be undertaken immediately; and WHEREAS the Road Commission for Oakland County has appropriated its one-third (1/3) share of the funding for the identified project in the Township of Rose and said appropriation has been transferred to a specific project account; and WHEREAS the Township of Rose has demonstrated that it has authorized its one-third (1/3) share of the funding for the specified project and has executed a written contract for payment with the Road Commission for Oakland County; and WHEREAS Oakland County’s one-third (1/3) share of the Fiscal Year 2011 authorized amount of Tri- Party Road Improvement funding for the Township of Rose is $9,159. Commissioners Minutes Continued. July 6, 2011 340 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Township of Rose as eligible for appropriation and authorizes the release of the specified Tri-Party Road Improvement Program funds from the Oakland County General Fund Designated Fund Balance. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to the Road Commission for Oakland County, Oakland County Fiscal Services and the Township of Rose. Chairperson, I move the adoption of the foregoing Resolution. BOB HOFFMAN Copy of Correspondence from Patricia Z. Wierzbicki Deputy-Secretary/Clerk of the Board for the Oakland County Road Commission, Correspondence from Thomas G. Noechel Programming Supervisor for the Oakland County Road Commission, Cost Participation Agreement and Exhibit 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 #11150 BY: Commissioner Michael Gingell, District #3 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2011 APPROPRIATION – OAKLAND TOWNSHIP GRAVEL ROAD IMPROVEMENT – PROJECT NO. 50951 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 Oakland Township, along with the Road Commissioner for Oakland County has identified a specific project and said project is ready to be undertaken immediately; and WHEREAS the Road Commission for Oakland County has appropriated its one-third (1/3) share of the funding for the identified project in Oakland Township and said appropriation has been transferred to a specific project account; and WHEREAS Oakland Township has demonstrated that it has authorized its one-third (1/3) share of the funding for the specified project and has executed a written contract for payment with the Road Commission for Oakland County; and Commissioners Minutes Continued. July 6, 2011 341 WHEREAS Oakland County’s one-third (1/3) share of the Fiscal Year 2011 authorized amount of Tri-Party Road Improvement funding for Oakland Township is $19,450. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by Oakland Township as eligible for appropriation and authorizes the release of the specified Tri-Party Road Improvement Program funds from the Oakland County General Fund Designated Fund Balance. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to the Road Commission for Oakland County, Oakland County Fiscal Services and Oakland Township. Chairperson, I move the adoption of the foregoing Resolution. MICHAEL GINGELL Copy of Correspondence from Patricia Z. Wierzbicki Deputy-Secretary/Clerk of the Board for the Oakland County Road Commission, Correspondence from Thomas G. Noechel Programming Supervisor for the Oakland County Road Commission, Cost Participation Agreement and Exhibit 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. The Board adjourned at 10:40 p.m. to the call of the Chair or July 21, 2011, at 9:30 a.m. BILL BULLARD, JR. MICHAEL J. GINGELL Clerk Chairperson