Loading...
HomeMy WebLinkAboutMinutes - 2011.09.22 - 7658478 OAKLAND COUNTY BOARD OF COMMISSIONERS ANNUAL MEETING MINUTES September 22, 2011 Meeting called to order by Chairperson Michael Gingell at 9:36 a.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Bosnic, Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Zack. (25) EXCUSED ABSENCE WITH NOTICE: None. (0) Quorum present. Invocation given by Jim Nash. Pledge of Allegiance to the Flag. Moved by Middleton supported by Covey the minutes of the August 31, 2011 Board Meeting be approved. A sufficient majority having voted in favor, the minutes were approved as printed. Moved by Taub supported by Greimel to approve the agenda and suspension list. Vote on agenda and suspension list: AYES: Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic (25) NAYS: None. (0) A sufficient majority having voted in favor, the agenda and suspension list was approved. Chairperson Michael Gingell addressed the Board to introduce Commissioner Greimel. Commissioners Greimel and Hatchett addressed the Board to present a Proclamation to Centro MultiCultural LA Familia and to also honor Hispanic Heritage Month to Debra Ehrmann, Vice President of Fund and Community Development for the resources in the Pontiac Community that continues to work to improve the lives of Hispanics and Latinos while providing needed services that benefit the entire community. Debra Ehrmann, Vice President of Fund and Community Development addressed the Board. Commissioners Minutes Continued. September 22, 2011 479 Commissioner Crawford addressed the Board regarding the Oak 65 Resource Fair. County Clerk, Bill Bullard, Jr., read a thank you card from Commissioner Gosselin and family. Kenny Cook addressed the Board during public comment. Moved by Nuccio supported by McGillivray the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). The vote for this motion appears on page 507. The resolutions on the Consent Agenda follow (annotated by an asterisk {*}): *MISCELLANEOUS RESOLUTION #11204 BY: Commissioner Kathy Crawford, District #9; Philip Weipert, District #8 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2011 APPROPRIATION – GRAND RIVER AVENUE – CITY OF NOVI – PROJECT NO. 49881 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the Tri-Party Road Improvement Program to assist Oakland County’s cities, villages and townships (CVTs) with the construction, maintenance and repair of roads 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 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 after completion of all of the following: 1. The Road Commission for Oakland County (RCOC) and a city, village, or township (CVT) have identified a project and the 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 project account; and 3. The CVT has authorized its 1/3 share of the funding for the project and has executed a contract for payment with the RCOC; and 4. The Commissioner(s) representing the CVT requesting the project submits 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 are released from the Tri-Party Program designation account; and WHEREAS the City of Novi, along with the RCOC has identified a project and said project is ready to be undertaken immediately; and WHEREAS the RCOC has appropriated its one-third (1/3) share of the funding for the project in the City of Novi and said appropriation has been transferred to a project account; and WHEREAS the City of Novi has demonstrated that it has authorized its one-third (1/3) share of the funding for the project and has executed a contract for payment with the RCOC; 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 Novi is $63,840. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the City of Novi and authorizes the release of Tri-Party Road Improvement Program funds from the Oakland County Designated Fund Balance. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this resolution to the Road Commission for Oakland County, Oakland County Fiscal Services and the City of Novi. Chairperson, we move the adoption of the foregoing Resolution. PHILIP WEIPERT, KATHY CRAWFORD Commissioners Minutes Continued. September 22, 2011 480 Copy of Correspondence from Patricia Z. Wierzbicki Deputy – Secretary/Clerk of the Board for the Oakland County Road Commission, copy of correspondence from Thomas G. Noechel Programing Supervisor for Oakland County Road Commission and Cost Participation, and Exhibit A Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #11204) BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2011 APPROPRIATION – GRAND RIVER AVENUE – CITY OF NOVI – PROJECT NO. 49881 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 $63,840 is available in the General Fund Designated Fund Balance for Tri-Party 2011 and prior funding (account #371510) for project 49881. 3. This project is for the milling and HMA resurfacing with drainage and signal improvements on Grand River Avenue from east of Novi Road to Haggerty Road. 4. The FY 2011 budget be amended as follows: GENERAL FUND (#10100) FY 2011 Revenues 9010101-196030-665882 Planned Use of Fund Balance $63,840 Total Revenues $63,840 Expenditures 9010101-153010-740135 Road Commission Tri-Party $63,840 Total Expenditures $63,840 FINANCE COMMITTEE (The vote for this motion appears on page 507.) *MISCELLANEOUS RESOLUTION #11206 BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET - FISCAL YEAR 2011 THIRD QUARTER FINANCIAL FORECAST AND BUDGET AMENDMENTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Public Act 621 of 1978, the Uniform Budgeting and Accounting Act for Local Units of Government, provides for adjustments to the adopted budget; and WHEREAS in accordance with Oakland County General Appropriations Act Section 22, which authorizes budget amendments for variances between the budgeted revenue and actual revenue, and Section 23, which authorizes budget amendments for variance between estimated revenue and projected expenditures, amendments are required; and WHEREAS the Fiscal Year (FY) 2011 Third Quarter Financial Forecast Report has identified several variances and budget amendments are recommended; and WHEREAS the 52nd District Court - Division II (Clarkston) and Division IV (Troy) have requested budget amendments to reallocate funds from projected favorable line items to those projected to be unfavorable due to higher than anticipated activity; and WHEREAS the Clerk’s Office is experiencing an increase in activity for the purchase of Gun Permits and a decline in Interest on Investments, and a budget amendment of $67,000 is recommended to reflect this change in activity; and Commissioners Minutes Continued. September 22, 2011 481 WHEREAS with the addition of the Sheriff’s patrol contract with the City of Pontiac, additional desk top computers are needed, and a budget amendment is requested use $29,718 of the Sheriff’s Office Drug Forfeiture Funds purchase desk top computers for the Pontiac Sub Stations; and WHEREAS a budget amendment is recommended to the Sheriff’s Office Civil Service Processing to reflect the revenue and expenditure budgets within the division responsible for this activity; and WHEREAS a budget amendment totaling $4,744 is recommended to reallocate funds from the Planning and Economic Development Services’ Mailroom account to the Metered Postage account to more accurately reflect the budget with the actual expenses; and WHEREAS the Homeland Security Division has received an additional $7,582 in Federal reimbursement for the Hazardous Materials Emergency Preparedness (HMEP) Grant, with the offset to be budgeted in Budget Transition; and WHEREAS there has been a decline in activity with local municipalities pertaining to the West Nile Virus program, however, the Health Division’s budget for the expense associated with this program has not been adjusted, and a budget amendment in the amount of $100,000 is recommended; and WHEREAS per MR #07290 funds were transferred from the General Fund (#10100) to the Motor Pool Fund (#66100) to assist the Fund with vehicle replacements, but is no longer necessary, and a budget amendment is recommended to transfer $750,000 from the Motor Pool Fund to the General Fund; and WHEREAS the Radio Communications Fund (#53600) received General Fund monies to assist with the implementation of the radio system, which is now fully operational, and a budget amendment is requested to transfer $1,350,000 from the Radio Communications Fund to the General Fund; and WHEREAS the Information Technology Fund (#63600) is experiencing a hardship due to extensive coverage for depreciation expenses and replacement costs not normally budgeted or included in the rates charged to departments and a budget amendment is recommended to transfer $2,100,000 from the General Fund to the Information Technology Fund to defray these costs; and WHEREAS the Health Division has requested a reallocation of $8,559 from Training to Professional Services to more accurately reflect the budget with the actual expenses; and WHEREAS the Health Division’s Women’s, Infants and Children (WIC) is in need of more space to better accommodate its operations and clients, and a budget amendment is requested to transfer $4,118 from FA Proprietary Equipment in the Health Fund (#20221) and $26,643 in the WIC Grant Fund (#28553) to the Project Work Order Fund (#40400) for renovating the South Oakland Health Center to provide more privacy for intake and maximize capacity, allowing for greater flexibility to improve clinic flow and better serve the clients; and WHEREAS a budget amendment is requested to transfer funding to the Information Technology Fund as follows: $10,000 from the Community Corrections Grant Fund (#27370) for expenses associated with technology enhancements for the Offender Link Interface, and $6,000 from the Medical Examiner’s Office for converting microfilming to digital storage; and WHEREAS the Department of Information Technology has requested a budget amendment in the amount of $616,174 to reappropriate funds previously approved by the Board of Commissioners for various IT projects such as E-Health and CAMS where implementation is continuing in FY 2011, and funding is available in the IT Fund Net-Assets – Designated for Projects; and WHEREAS the Information Technology Fund requires an amendment to reflect requested transfer of funds from the Sheriff’s Drug Forfeiture Fund ($29,718), Medical Examiner’s Office ($6,000), and Community Corrections Grant ($10,000) for IT services as aforementioned; and WHEREAS a budget amendment is recommended in the CLEMIS Fund (#53500), Radio Communications Fund (#53500), and Information Technology Fund (#63600) to reallocate Print Shop and Mailroom funds to Printing and Metered Postage to more accurately reflect the budget where the actual expenses are incurred; and WHEREAS a budget amendment totaling $603,156 is requested within the Motor Pool Fund (#66100) to reallocate revenues and expenditures as a result of purchasing more used replacement vehicles, decreased insurance costs, decreased depreciation, decreased auction and car wash expenses, increased internal parts and accessories usage, increased revenues for contract with City of Pontiac, increased gain on sale of equipment and vehicles, and decreased external business revenue; and WHEREAS the Health Division has received additional Comprehensive Planning, Budgeting, and Contracting (CPBC) funds in the amount of $2,084, and has requested budget amendments to increase the Immunization Action Plan – Reaching More Children and Adults Grants (#28550) by $14,348 and decrease the Bioterrorism H1N1 Planning – Swine Flu Grant (#28605) by ($12,264); and Commissioners Minutes Continued. September 22, 2011 482 WHEREAS a budget amendment totaling $287,485 is recommended for the Health Division’s CMH OSAS Medicaid Grant Fund (#28565) to reallocate funds from Contracted Services to Salaries and Fringe Benefits to more accurately reflect the budget for personnel expenses in the appropriate accounts, as well as, increase the MDPH OSAS Grant Fund (#28249) by $157,647 to reflect additional funding received from the Michigan Department of Community Mental Health for State Disability Assistance; and WHEREAS the Project Work Order Fund requires an amendment to reflect requested transfer of funds from the Health Fund ($4,118) and the WIC Grant Fund ($26,643), to cover costs associated with renovating Health – South as aforementioned; and WHEREAS a request for a budget amendment was approved by the State of Michigan to adjust the fringe benefits for the 2011 Community Correction Grant based on an increase in retirement and medical costs submitted for reimbursement not to exceed the fund for individual programs; and WHEREAS with the closing of the Print Shop and organization of Support Services per MR #11049, and the County contracting with Oakland Schools to provide these services, budget amendments as detailed in Schedule C are recommended to reallocate funds from the various County departments’ Internal Services Print Shop line-item to the Contractual Services Printing line-item; and WHEREAS the Parks and Recreation Commission has four (4) checks unable to be processed due to insufficient funds amounting to $114.00, and reports that the amount due and Non-Sufficient Fund Fees (NSF) for these checks be written off or deemed uncollectable; and WHEREAS the Oakland County International Airport has attempted to collect payment on several invoices, but has been unsuccessful and reports that $6,292.95 will be written off or deemed as uncollectible. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners accepts the Fiscal Year 2011 Third Quarter Financial Report. BE IT FURTHER RESOLVED that the FY 2011 Budget is amended pursuant to Schedules A, B, and C. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of FY 2011 Third Quarter Report Incorporated by Reference. Original on file in County Clerk’s office. (The vote for this motion appears on page 507.) *MISCELLANEOUS RESOLUTION #11207 BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET/FISCAL SERVICES DIVISION – IMPLEMENTATION OF GOVERNMENT ACCOUNTING STANDARDS BOARD (GASB) STATEMENT No. 54 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Public Act 493 of 2000 (Uniform Budgeting and Accounting Act – as amended) requires units of local government, including counties, to report their financial transactions on the basis of “Generally Accepted Accounting Principles (GAAP) as set forth by the Government Accounting Standards Board (GASB as determined acceptable by the State Treasurer”; and WHEREAS the State Treasurer requires that, unless otherwise directed, the pronouncements of the Government Accounting Standards Board (GASB) will constitute GAAP in the State of Michigan; and WHEREAS in February 2009 GASB issued Statement No. 54 which, among other items, changed the definition for “special revenue funds” requiring local units of government to examine their fund classifications and make appropriate adjustments for all Fiscal Years beginning after June 15, 2010 (County Fiscal Year 2011); and WHEREAS as determined by the Department of Management and Budget, in consultation with Plante and Moran (the firm retained by Oakland County to audit the financial statements), the change in the definition of “special revenue funds” will require six funds, currently reported as “Special Revenue”, to be reclassified as follows: Interim Retiree Medical Benefit Trust Fund to Pension Trust Fund Delinquent Personal Property Tax Fund to Enterprise Fund Public Health Fund to General Fund Property Tax Forfeiture Fund to General Fund Commissioners Minutes Continued. September 22, 2011 483 Community Partnership Fund to General Fund CCIRF to General Fund WHEREAS Statement No. 54 must be implemented with the FY 2011 year-end financial report and therefore, implementation will require reclassification of the above funds, as well as amending the FY 2011 and FY 2012-2014 budgets to match the reclassifications. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the implementation of GASB Statement No. 54, concurrent with the close of the Fiscal Year 2011 financial activities, specifically related to the reclassification of the following funds from “Special Revenue” to the classifications shown below: Interim Retiree Medical Benefit Trust Fund to Pension Trust Fund Delinquent Personal Property Tax Fund to Enterprise Fund Public Health Fund to General Fund Property Tax Forfeiture Fund to General Fund Community Partnership Fund to General Fund CCIRF to General Fund BE IT FURTHER RESOLVED that the FY 2011 and the FY 2012-2014 Triennial Budgets be amended to properly reflect the reclassifications of the funds listed above. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE (The vote for this motion appears on page 507.) *MISCELLANEOUS RESOLUTION #11208 BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – 2011 HURON-CLINTON METROPOLITAN AUTHORITY TAX RATE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Huron-Clinton Metropolitan Authority (HCMA) has requested that the Oakland County Board of Commissioners apportion a 0.2146 mill property tax rate, consistent with Michigan Law MCL 211.34d(16), the Headlee “amendment”; and WHEREAS Finance Committee recommends the 2011 Huron-Clinton Metropolitan Authority rate be set at 0.2146 mills, the maximum allowable tax rate; and WHEREAS this rate will produce an estimated levy of $10,883,820.96 based on a final 2011 Taxable Value of $50,716,779,887; and NOW THEREFORE BE IT RESOLVED that each Supervisor of the various townships and Assessing Officers of the several cities of Oakland County are authorized and directed to spread on their respective township or city tax rolls for the year 2011 a tax rate of 0.2146 mills for the Huron-Clinton Metropolitan Authority, to be applied to the 2011 Taxable Value of all property located within their respective jurisdictions. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Huron – Clinton Metropolitan Authority Tax Levy Incorporated by Reference. Original on file in County Clerk’s office. (The vote for this motion appears on page 507.) *MISCELLANEOUS RESOLUTION #11209 BY: Finance Committee, Tom Middleton, Chairperson IN RE: FACILITIES MANAGEMENT/FACILITIES PLANNING & ENGINEERING – WATER TOWER RESTORATION PROJECT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Commissioners Minutes Continued. September 22, 2011 484 WHEREAS the Service Center Water Tower is located on the west side of the Service Center adjacent to the IT building and was constructed in 1961 to provide water pressure to the Courthouse Tower building; and WHEREAS since that time water pressure by the City of Pontiac has improved and the water tower now serves as a valuable back-up for possible loss of water pressure or pump malfunction; and WHEREAS the water tower also serves as a structure for several antenna sites utilized by Radio Communications, the Sheriff’s Office, and the Water Resources Commissioner; and WHEREAS the water tower was inspected in 2005 and the resulting report indicated that significant maintenance would be needed for it to remain functional and would require repair/repainting of the steel parts as well as safety upgrades to meet current safety regulations; and WHEREAS the project was bid twice and each time only one bid response was received, likely due to the fact that Federal mandates have resulted in significant workloads for most contractors this year; and WHEREAS the bids received were higher than the $350,000 estimate that was included in the Capital Improvement Program; and WHEREAS re-bidding the tank and superstructure restoration this Fall to vendors (including those that service clients of our size and complexity to a better degree) with a year’s timeframe to schedule the project will likely increase the number of responses and decrease bid prices; and WHEREAS having the foundation restored as a maintenance project by an annual contractor will further reduce total costs and bid prices; and WHEREAS it was also decided to replace only the interior safety upgrades leaving the exterior safety equipment, which is grandfathered, in place; and WHEREAS funding in the amount of $60,000 is available for transfer from the FY 2011 Capital Improvement Program/Building Fund (#40100) to the Project Work Order Fund (#40400) for the Water Tower Restoration Project. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the Water Tower Restoration Project in the amount of $60,000. BE IT FURTHER RESOLVED that the Board of Commissioners authorizes the restoration of the foundation and the re-bidding of the tank and superstructure restoration. BE IT FURTHER RESOLVED that the Board of Commissioners authorizes transfer of funding in the amount of $60,000 from the Capital Improvement Program/Building Improvement Fund (#40100) to the Project Work Order Fund (#40400) for the Water Tower Restoration Project (#100000001513) as detailed below: Building Improvement Fund (#40100) 1040101-148020-788001-40400 Transfer Out ($60,000) Project Work Order Fund (#40400) 1040101-148020-695500-40100 Transfer In $60,000 $ -0- Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE (The vote for this motion appears on page 507.) *MISCELLANEOUS RESOLUTION #11210 BY: General Government Committee, Christine Long, Chairperson IN RE: CLERK/REGISTER OF DEEDS – CALENDAR YEAR 2011 ASSISTANCE FOR SURVEY, MONUMENTATION AND REMONUMENTATION GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS this is an ongoing grant, and the eighteenth (18th) year of funding by the State of Michigan, Department of Labor and Economic Growth; and WHEREAS the grant award of $326,937 consists of $226,937 in current program costs and $100,000 as reimbursement for past expedited expenditures; and WHEREAS the Remonumentation Program basic work has been accomplished and the scope of work has changed; and Commissioners Minutes Continued. September 22, 2011 485 WHEREAS for FY 2011, the grant will provide partial reimbursement for one existing full-time eligible Plat & Boundary Review Specialist position that is in charge of the monitoring and administrative matters of the program; and WHEREAS no additional personnel or local match is required; and WHEREAS acceptance of this grant does not obligate the County to any future commitment; and WHEREAS approximately 4,460 corners have been remonumented and approved by the Peer Review process and 29 corners are currently being remonumented through the Remonumentation Program; and WHEREAS the grant agreement has been reviewed and approved through the County Executive Contract Review Process and the Board of Commissioners’ Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Assistance for Survey, Monumentation and Remonumentation Grant for the period of January 1, 2011 through December 31, 2011 in the amount of $326,937. BE IT FURTHER RESOLVED that one (1) General Fund General Purpose full-time eligible Plat & Boundary Review Specialist position (#2010401-09329) will be partially reimbursed by the Remonumentation program effective January 1, 2011 through December 31, 2011. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the contract agreement and that the chairperson may approve amendments and extensions up to fifteen (15%) percent variance from the award, consistent with the original agreement as approved. BE IT FURTHER RESOLVED that with acceptance of the grant, the Oakland County Board of Commissioners hereby appoints the County Clerk/Register of Deeds, Bill Bullard Jr, as the Grant Administrator as required by the State. However, grant procedure requires Board authorization. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the continuation of the Remonumentation Program. BE IT FURTHER RESOLVED that continuation of this grant does not obligate the County to any future commitment, and any special revenue positions and other program costs associated with this grant are contingent upon future levels of grant funding. Chairperson, on behalf of the General Government Committee, I move adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Grant Review Sign Off – Clerk/Register of Deeds, Grant Between the State of Michigan Department of Energy, Labor and Economic Growth and Oakland County Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #11210) BY: Finance Committee, Tom Middleton, Chairperson IN RE: CLERK/REGISTER OF DEEDS – CALENDAR YEAR 2011 ASSISTANCE FOR SURVEY, MONUMENTATION AND REMONUMENTATION GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Michigan Department of Labor and Economic Growth has awarded the Oakland County Clerk/Register of Deeds on-going funding in the amount of $326,937 for the Remonumentation program, with no County match required. 2. Of the total grant award, $226,937 will fund current program costs and $100,000 is reimbursement for expedited expenditures. 3. The grant funding period is January 1, 2011 through December 31, 2011. 4. The grant will partially reimburse one (1) existing full-time eligible GF/GP Plat & Boundary Review Specialist, position #09329. 5. In 2010, the Clerk/Register of Deeds received a grant award of $325,381. 6. A budget amendment is recommended for Fiscal Year 2011 and the FY 2012 – FY 2014 Finance Committee Recommended Special Revenue Budgets to reflect the new grant award as follows: Commissioners Minutes Continued. September 22, 2011 486 CLERK SURVEY REMONUMENTATION FUND (#29220) Grant #0000000345. Activity A, Analysis Type GLB Adopted Change Amended Revenues 2010401-172180-615571 Grant-State $325,381 $1,556 $326,937 Total Special Revenue Fund Revenues $325,381 $1,556 $326,937 Expenses 2010401-172180-702010 Salaries $ 7,659 ($ 0) $ 7,659 2010401-172180-722740 Fringe Benefits 4,341 ( 0) 4,341 2010401-172180-730709 Fees-Per Diem 5,000 625 5,625 2010401-172180-740128 Remonumentation 306,650 2,662 309,312 2010401-172180-778675 IT/Phone 1,731 (1,731) 0 Total Special Revenue Fund Expenses $325,381 $1,556 $326,937 FINANCE COMMITTEE (The vote for this motion appears on page 507.) *MISCELLANEOUS RESOLUTION #11211 BY: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/CHILDREN’S VILLAGE DIVISION – 2011/2012 FRESH FRUIT AND VEGETABLE PROGRAM GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan, Department of Education (MDE), has awarded the Oakland County Children’s Village Division funding in the amount of $663.00; and WHEREAS this amount will fund the purchase and provision of fresh fruits and vegetables to Kindergarten through Sixth Grade students in the self-contained Children’s Village School classroom each day that class is in session; and WHEREAS the Fresh Fruit and Vegetable Program operates through the USDA National School Lunch Program; and WHEREAS this funding is for the period of October 1, 2011 through June 30, 2012; and WHEREAS the award acceptance has been submitted through the County Executive Review Process and is recommended for approval. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby accepts the State of Michigan, Department of Education 2011/2012 Fresh Fruit and Vegetable Program Grant Agreement. NOW THEREFORE BE IT RESOLVED that the future level of service, including personnel, be contingent upon the level of funding for this program. BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute this agreement, any changes and extensions to the agreement not to exceed fifteen percent (15%), which is consistent with the agreement as originally approved. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Grant Review Sign Off – Children’s Village, State of Michigan Department of Education Lansing Grant Award, FY 2011-2012 Fresh Fruit and Vegetable Program Grant Proposal, Section III: Assurances and Certifications Federal Programs, Specific Grant Program Assurances Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #11211) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/CHILDREN’S VILLAGE DIVISION – 2011/2012 FRESH FRUIT AND VEGETABLE PROGRAM GRANT ACCEPTANCE Commissioners Minutes Continued. September 22, 2011 487 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: 1. The Michigan Department of Education (MDE) has awarded the Oakland County Children’s Village Division funding in the amount of $663. 2. The Fresh Fruit and Vegetable Program operates through the National School Lunch Program, providing funds to purchase fresh fruits and vegetables for self-contained residents, grades K-6 at the Children’s Village School classroom each day class is in session. 3. This award also allows for up to 10% of administrative costs which may include labor costs for food preparation. 4. The funding period is October 1, 2011 through June 30, 2012. 5. No County match or additional positions are required. 6. The Fiscal Year 2012 budget is amended as specified below: CHILD CARE GRANTS (FUND #28010) FY 2012 Bud Ref 2011/GR0000000499 Budget Revenues: 1060501-112195-610313 Federal Operating Grants $ 663 Total Revenues $ 663 Expenses: 1060501-112195-702010 Salaries $ 66 1060501-112195-750462 Provisions 597 Total Expenses $ 663 FINANCE COMMITTEE (The vote for this motion appears on page 507.) *REPORT (MISC. #11205) BY: General Government Committee – Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR SOUTHEAST MICHIGAN SUMMIT 2011 – FORMERLY KNOWN AS THE TRI-COUNTY SUMMIT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered the above titled resolution on September 12, 2011 hereby recommends that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #11205 BY: Commissioners Michael Gingell, District #3; Jim Nash, District #15; David Potts, District #20 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR SOUTHEAST MICHIGAN SUMMIT 2011 – FORMERLY KNOWN AS THE TRI-COUNTY SUMMIT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Commissioners from Macomb, Oakland and Wayne County and members of the Detroit City Council, in the spirit of regional cooperation, held their first Tri-County Summit in May of 1998. The first Tri-County Summit was hosted by Wayne County, the Michigan State Fair and the Michigan Association of Counties wherein common issues were identified for cooperative action; and WHEREAS in August 1998, Oakland County hosted the second Tri-County Summit. Five Task Forces were identified to address areas for cooperation: Mental Health, Transportation/Transit, Economic Development, Criminal Justice and Environment. The Task Forces were comprised of elected officials, department representatives, Commission and Council staff and interested parties from SEMCOG, the Detroit Regional Chamber, Daimler Chrysler and the Citizens Research Council; and Commissioners Minutes Continued. September 22, 2011 488 WHEREAS in August of 1999, Macomb County hosted the third Tri-County Summit. This event focused on the successes of the various Task Forces. The Criminal Justice Task Force had compiled an inventory of programs offered by the Detroit Police Department and the Sheriff Departments in the Tri-County area - including how to share mug shots, fingerprints and other data; the Mental Health Task Force hosted a breakfast to discuss key appropriations and policy issues with state legislators; and the Transportation and Economic Task Forces held a joint meeting to discuss regional transportation solutions; and WHEREAS in March 2006, the Tri-County Summit was reinstated and the Oakland County Board of Commissioners hosted the sixth Tri-County Summit at Glen Oaks Country Club in Farmington Hills. Nearly 300 legislative leaders from the Counties of Wayne, Oakland and Macomb and the City of Detroit attended and worked on community issues relating to transportation, infrastructure and mental health; and WHEREAS in September 2007, the Macomb County Board of Commissioners hosted the seventh Tri-County Summit aboard the Ovation yacht. Issues relating to water quality and the quality of life for the region were studied and discussed. The two study groups issued recommendations in a final report; and Whereas in September 2008, the Detroit City Council hosted the eighth Tri-County Summit at the beautiful, historic Detroit Institute of Arts. Two study groups were formed: Going Green and Home Foreclosures. A resolution was recommended to make energy efficiency the focus of the Regional Partnership for Sustainability; and WHEREAS in September 2009, the Wayne County Board of Commissioners hosted the ninth Tri-County summit at Henry Ford Community College. The event featured a “State of the Region Panel Discussion” with Wayne County Executive Robert Ficano, Oakland County Executive L. Brooks Patterson, City of Detroit Mayor Dave Bing and Macomb County Board of Commissioners Chairman Paul Gieleghem; and WHEREAS on September 20, 2010, Oakland County hosted the tenth Tri-County Summit at the Detroit Zoo. Legislative leaders from the City of Detroit and the counties of Macomb, Oakland and Wayne, along with leaders from the City of Detroit, the Michigan legislature and corporate and civic organizations all attended to discuss the Detroit Zoological Authority as an example of Regional Success, Equalization: A Glimpse Into the Future and the “Silver Tsunami”; and WHEREAS the new leaders in the City of Detroit and the Counties of Macomb, Oakland and Wayne recognized the benefit of continuing the partnership and collaborative efforts to strengthen the ability to address complex issues facing our region; and WHEREAS the Macomb County Board of Commissioners has agreed to host the eleventh Tri-County Summit 2011 at the Macomb Center for the Performing Arts. The study topics are regional issues that are relevant not only to the traditional Tri-County Summit participants, but also to St. Clair and Washtenaw counties. We look forward to working as a five-entity group to expand reach, strengthen our voice, explore solutions and share best practices. Key leaders from the region are invited to attend and participate in two sub-committees which will meet in the months preceding the Summit to study issues relating to Summit study topics will include “Across the Boundaries – Regional Collaboration” and “Transit and Transportation in Southeast Michigan.” NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners joins with our esteemed colleagues from the City of Detroit and Wayne County and Macomb County in affirming our support and participation in the Summit. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners welcomes St. Clair and Washtenaw county colleagues, and retitling of the Tri-County Summit to the Southeast Michigan Summit to reflect this expanded regional collaboration. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby affirms their participation in the Southeast Michigan Summit 2011. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward a copy of this adopted resolution with the City Council of the City of Detroit and the County Commissioners of Macomb, Wayne, St. Clair and Washtenaw. Chairperson, we move the adoption of the foregoing resolution. MICHAEL GINGELL, JIM NASH, DAVID POTTS, GARY MCGILLIVRAY, DAVE WOODWARD, NANCY QUARLES, JANET JACKSON, MARCIA GERSHENSON, MATTIE HATCHETT, CRAIG COVEY, HELAINE ZACK, Commissioners Minutes Continued. September 22, 2011 489 TIM GREIMEL, CHRISTINE LONG, THOMAS MIDDLETON, KATHY CRAWFORD, MIKE BOSNIC, BOB HOFFMAN, PHILIP WEIPERT, BETH NUCCIO, WILLIAM DWYER, JOHN SCOTT (The vote for this motion appears on page 507.) *MISCELLANEOUS RESOLUTION #11212 BY: General Government Committee – Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – APPROVAL OF CONTRACTS TO BROADCAST BOARD OF COMMISSIONERS MEETINGS – CALENDAR YEAR 2011 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners has expressed an interest in having Board of Commissioners’ meetings available for broadcast to the general public; and WHEREAS a proposal was submitted by a consortium of local community cable producers to record, produce and webcast coverage of three Oakland County Board of Commissioners’ meetings; and WHEREAS the consortium is comprised of the following entities: • Bloomfield Community Television (on behalf of the Birmingham Area Cable Board) • Civic Center Media, LLC (on behalf of Greater West Bloomfield Cable Communications Commission) • Orion Neighborhood Television (on behalf of Orion Community Cable Communication Commission); and WHEREAS the local community cable producers comprising the consortium have agreed to rotate the production and posting of three Oakland County Board of Commissioners’ meetings at no cost to the County; and WHEREAS the proposal provides that the recording will be available for webcasting; and WHEREAS each of the local community cable producers will provide the insurance documentation required by Oakland County. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the proposal of the local community cable producers listed above to record, produce and webcast coverage of three Oakland County Board of Commissioners’ meetings during Calendar Year 2011, including the meeting of September 22, 2011. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes a contract, as approved by Corporation Counsel, with the above listed local community cable producers to record, produce and webcast three Board of Commissioners’ meetings at no cost to the county. BE IT FURTHER RESOLVED that the Board Chairman is authorized to sign the contracts on behalf of the Board of Commissioners. Chairperson, on behalf of the General Government Committee I move the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Oakland County Department of Corporation Counsel Request for Legal Assistance on file in County Clerk’s office. (The vote for this motion appears on page 507.) *MISCELLANEOUS RESOLUTION #11198 BY: Planning and Building Committee, David Potts, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST FOR APPROVAL OF LEASE AGREEMENT WITH THE OAKLAND COUNTY MEDICAL CONTROL AUTHORITY, BUILDING 36 EAST To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is the owner of the Oakland County Service Center Campus located at 1200 North Telegraph Road, Pontiac, Michigan; and Commissioners Minutes Continued. September 22, 2011 490 WHEREAS the Oakland County Medical Control Authority was created pursuant to Public Act 368 of 1978 to organize, operate and maintain a quality emergency medical services system in Oakland County; and WHEREAS the Oakland County Medical Control Authority has been located on the Oakland County Service Center Campus since 1995; and WHEREAS County Administrative Staff, with the concurrence of the Medical Control Authority Staff, have determined that it is in the best interest of the parties to relocate the Medical Control Authority to the Pontiac Health Center located at 1200 North Telegraph Road, Building 36 East; and WHEREAS it is the recommendation of the Departments of Facilities Management and Corporation Counsel that the Oakland County Board of Commissioners accept and approve the terms and conditions of the attached Lease Agreement with The Oakland County Medical Control Authority; and WHEREAS under the terms and conditions of the attached Lease Agreement, the County will provide maintenance of building, custodial services, grounds inclusive of trash removal, snow and ice removal from sidewalks and parking lot and payment of utilities; and WHEREAS the Oakland County Medical Authority shall pay rent in the amount of $1.00 annually; and WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached lease agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached lease agreement between the County of Oakland and the Oakland County Medical Control Authority for use of portions of the Pontiac Health Center, 1200 North Telegraph Road, Building 36 East, specifically rooms 19, 20, and 20A in the basement; rooms 200, 201, 202, 203, 204, 205, 206, and 207 on the first floor; and shared training room (“Premises”). BE IT FURTHER RESOLVED that the Term of this Lease shall be for five (5) years beginning on June 22, 2011 and shall end on June 21, 2016. BE IT FURTHER RESOLVED that the Lease may be renewed for an additional five (5) year term upon mutual written agreement as negotiated between Tenant and the Departments of Facilities Management and Corporation Counsel. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached lease agreement and all other related documents between the County of Oakland and the Oakland County Medical Control Authority which may be required. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Oakland County Medical Control Authority Lease of Pontiac Health Center and Pontiac Health Center Floor Plan Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #11198) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST FOR APPROVAL OF LEASE AGREEMENT WITH THE OAKLAND COUNTY MEDICAL AUTHORITY, BUILDING 36 EAST To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The resolution approves and authorizes a lease agreement between the County of Oakland and the Oakland County Medical Control Authority for use of area specified in the Building 36 East. 2. The lease term is for five (5) years from June 22, 2011 through June 21, 2016 and the lease allows for a five (5) year renewal upon written agreement of the Tenant and Landlord’s Director of Facilities Management or his or her successor. 3. The rent is for one dollar ($1.00) annually. 4. The County will install an intercom system and be reimbursed by the tenant in an amount note to exceed $3,000. Any further remodeling or improvements to the premises shall be at the sold expense of the tenant. Commissioners Minutes Continued. September 22, 2011 491 5. The County will be responsible for maintenance of the building, custodial services, grounds inclusive of trash removal, snow and ice removal from sidewalks and parking lot, and payment of utilities. 6. The tenant will be responsible to provide and maintain its computer system, as well as pay Oakland County for use of its telephone service. 7. No budget amendment is required. FINANCE COMMITTEE (The vote for this motion appears on page 507.) *MISCELLANEOUS RESOLUTION #11199 BY: Planning and Building Committee, David Potts, Chairperson IN RE: FACILITIES MANAGEMENT/PARKS AND RECREATION COMMISSION – INDEPENDENCE OAKS-NORTH OTTMAN LEAHY LEASE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is the owner of Independence Oaks County Park; and WHEREAS a 760-square foot house, identified as 5511 Oakhill Road, Clarkston, Michigan 48348, is located on the grounds of Independence Oaks County Park; and WHEREAS it is the desire of the Oakland County Parks and Recreation Commission to lease said house located at 5511 Oakhill Road, Clarkston, Michigan 48348 to Kristy Ottman Leahy for a period commencing September 15, 2011 through September 14, 2016; and WHEREAS under the terms and conditions of the attached Lease Agreement Kristy Ottman Leahy will pay rent as follows: September 15, 2011 to December 31, 2011 $700.00 per month January 1, 2012 to December 31, 2012 $714.00 per month January 1, 2013 to December 31, 2013 $728.00 per month January 1, 2014 to December 31, 2014 $743.00 per month January 1, 2015 to December 31, 2015 $758.00 per month January 1, 2016 to September 14, 2016 $773.00 per month Each month and pay all utility costs; and WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached lease agreement; and WHEREAS it is the recommendation of the Oakland County Parks and Recreation Commission and the Department of Facilities Management that the Oakland County Board of Commissioners accept and approve the terms and conditions of the attached Lease Agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached Lease Agreement between the County of Oakland and Kristy Ottman Leahy. BE IT FURTHER RESOLVED that the rent amount received be deposited in the Oakland County Parks and Recreation Rental House Revenue fund line item. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Lease Agreement and all other related documents between the County of Oakland and Kristy Ottman Leahy, which may be required. PLANNING AND BUILDING COMMITTEE Copy of Residential Lease Agreement Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #11199) BY: Finance Committee, Tom Middleton, Chairperson IN RE: FACILITIES MANAGEMENT/PARKS AND RECREATION COMMISSION – INDEPENDENCE OAKS-NORTH OTTMAN LEAHY LEASE 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 County of Oakland is owner of Independence Oaks County Park. Commissioners Minutes Continued. September 22, 2011 492 2. It is the desire of the Oakland County Parks and Recreation Commission to lease a 760-square foot house, identified as 5511 Oakhill Road to Kristy Ottman Leahy. 3. Lease period runs from September 15, 2011 through September 14, 2016. 4. Attached Lease Agreement specifies the rent to be paid Oakland County from Kristy Ottman. 5. No budget amendment is required as revenues for this rental are included in the FY 2011 budget, as well as the Finance Committee Recommended Budget for FY 2012 – 2014. FINANCE COMMITTEE (The vote for this motion appears on page 507.) *MISCELLANEOUS RESOLUTION #11213 BY: Planning and Building Committee, David Potts, Chairperson IN RE: PARKS AND RECREATION COMMISSION – APPROVAL AND ACCEPTANCE OF MICHIGAN DEPARTMENT OF NATURAL RESOURCES TRUST FUND DEVELOPMENT GRANT PROJECT AGREEMENT NO. TF07-030 ADDISON OAKS TRAIL CONNECTOR To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Department of Natural Resources has offered a Trust Fund Grant in the amount of $228,800 to provide partial funding for the development of a connector trail in Addison Township; and WHEREAS there is a required local County match of $291,200, which is available in the Oakland County Parks and Recreation Fund; and WHEREAS the Oakland County Parks and Recreation Commission on July 6, 2011, supported the approval and acceptance of said Grant; and WHEREAS the Development of the Addison Oaks Trail Connector meets the goals and objectives of the Oakland County Recreation Master Plan adopted March 8, 2007; and WHEREAS the Grant Project Agreement has been approved by the County Executive Contract Review Process and Board of Commissioners’ Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby accept the terms and conditions of the attached Michigan Department of Natural Resources Land Trust Fund Development Project Agreement No. TF07-030 and that the County of Oakland does hereby specifically agree, as follows: 1. To appropriate matching funds in the amount of Two Hundred Ninety-One Thousand and Two Hundred ($291,200) dollars and to complete the project during the project period pursuant to the terms and conditions of the grant authorized by the Michigan Department of Natural Resources (MDNR). 2. To maintain satisfactory financial accounts, documents, and records and to make them available to the MDNR for auditing at reasonable times. 3. To regulate the use of the property acquired and reserved under this Agreement to assure the use thereof by the public on equal and reasonable terms. 4. To comply with any and all terms of said Agreement including all terms not specifically set forth in the foregoing portions of this Resolution. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Michigan Department of Natural Resources Land Trust Fund Development Project Agreement No. TF07-030 and all other related documents between the County of Oakland and the Michigan Department of Natural Resources, which may be required. BE IT FURTHER RESOLVED that future levels of funding, including personnel, will be contingent upon levels of State funding available for this program. 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 – Parks and Recreation, 2007 MNRTF Development Grant Addison Oaks Trail Connector – Talking Points, Michigan Department of Natural Resources – Grants Management Michigan Natural Resources Trust Fund Development Project Agreement and Resolution in Support of the Acceptance of the TF07-030 Addison Oaks Trail Connector Incorporated by Reference. Original on file in County Clerk’s office. Commissioners Minutes Continued. September 22, 2011 493 FISCAL NOTE (MISC. #11213) BY: Finance Committee, Tom Middleton, Chairperson IN RE: PARKS AND RECREATION COMMISSION – APPROVAL AND ACCEPTANCE OF MICHIGAN DEPARTMENT OF NATURAL RESOURCES TRUST FUND DEVELOPMENT GRANT PROJECT AGREEMENT NO. TF07-030 ADDISON OAKS TRAIL CONNECTOR 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 Oakland County Parks and Recreation Commission has received grant project agreement No.TF07-030 Natural Areas Accessibility Improvements, through the Michigan Department of Natural Resources. 2. The grant will provide partial funding for the development of a connector trail in Addison Township. 3. Total project costs are $520,000, with $228,800 (44%) in grant funds and $291,200 (56%) from Parks and Recreation Fund. 4. The Oakland County Parks and Recreation Commission supported the approval and acceptance on July 6, 2011. 5. No General County funds are required for this grant acceptance. 6. Sufficient funds are budgeted in the Parks and Recreation Capital Improvement Budget and no budget adjustments are recommended. FINANCE COMMITTEE (The vote for this motion appears on page 507.) *MISCELLANEOUS RESOLUTION #11214 BY: Planning and Building Committee, David Potts, Chairperson IN RE: PARKS AND RECREATION COMMISSION – APPROVAL AND ACCEPTANCE OF MICHIGAN DEPARTMENT OF NATURAL RESOURCES TRUST FUND DEVELOPMENT GRANT PROJECT AGREEMENT NO. TF10-098 NATURAL AREAS ACCESSIBILITY IMPROVEMENTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Department of Natural Resources has offered a Land Trust Fund Grant in the amount of $308,000 to provide partial funding for the development of trail improvements in Highland, Lyon, Red, and Rose Townships; and WHEREAS local County matching funds in the amount of $392,000 is available in the Oakland County Parks and Recreation Fund; and WHEREAS the Oakland County Parks and Recreation Commission on July 6, 2011 supported the approval and acceptance of said Grant; and WHEREAS the Development of the Natural Areas Accessibility Improvements meets the goals and objectives of the Oakland County Recreation Master Plan adopted March 8, 2007; and WHEREAS the Grant Project Agreement has been approved by the County Executive Contract Review Process and Board of Commissioners’ Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby accept the terms and conditions of the attached Michigan Department of Natural Resources Land Trust Fund Development Project Agreement No. TF10-098 and that the County of Oakland does hereby specifically agree, as follows: 1. To appropriate matching funds in the amount of Three Hundred Ninety-two Thousand ($392,000) dollars and to complete the project during the project period pursuant to the terms and conditions of the grant authorized by the Michigan Department of Natural Resources (MDNR). 2. To maintain satisfactory financial accounts, documents, and records and to make them available to the MDNR for auditing at reasonable times. 3. To regulate the use of the property acquired and reserved under this Agreement to assure the use thereof by the public on equal and reasonable terms. Commissioners Minutes Continued. September 22, 2011 494 4. To comply with any and all terms of said Agreement including all terms not specifically set forth in the foregoing portions of this Resolution. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Michigan Department of Natural Resources Land Trust Fund Development Project Agreement No. TF10-098 and all other related documents between the County of Oakland and the Michigan Department of Natural Resources, which may be required. BE IT FURTHER RESOLVED that future level of service, including personnel, will be contingent upon the level of State funding available for this program. 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 – Parks and Recreation, 2010 MNRTF Development Grant Acceptance – Information Brief, Michigan Department of Natural Resources – Grant Management Michigan Natural Resources Trust Fund Development Project Area and Resolution in Support of the Acceptance of the TF10-098 Natural Area Accessibility Improvements at Highland, Lyon, Red and Rose Oaks County Parks Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #11214) BY: Finance Committee, Tom Middleton, Chairperson IN RE: PARKS AND RECREATION COMMISSION – APPROVAL AND ACCEPTANCE OF MICHIGAN DEPARTMENT OF NATURAL RESOURCES TRUST FUND DEVELOPMENT GRANT PROJECT AGREEMENT NO. TF10-098 NATURAL AREAS ACCESSIBILITY IMPROVEMENTS 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 Oakland County Parks and Recreation Commission has received grant project agreement No.TF10-098 Natural Areas Accessibility Improvements, through the Michigan Department of Natural Resources. 2. The grant will provide partial funding for the development of trail improvements in Highland, Lyon, Red, and Rose Townships. 3. Total project costs are $700,000, with $308,000 (44%) in grant funds and $392,000 (56%) from Parks and Recreation Fund. 4. The Oakland County Parks and Recreation Commission supported the approval and acceptance on July 6, 2011. 5. No General County funds are required for this grant acceptance. 6. Sufficient funds are budgeted in the Parks and Recreation Capital Improvement Budget and no budget adjustments are recommended. FINANCE COMMITTEE (The vote for this motion appears on page 507.) *MISCELLANEOUS RESOLUTION #11215 BY: Planning and Building Committee, David Potts, Chairperson IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION – DONATION FROM ITC SUPPORTING 2011 GREAT LAKES RESTORATION INITIATIVE (GLRI) GRANT – ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS on April 21, 2011, the Oakland County Board of Commissioners accepted a $100,000 2011 Great Lakes Restoration Initiative (GLRI) Grant as a pass-through of funds received by SEMCOG from the U.S. Department of Agriculture Forest Service; and WHEREAS the grant pass-through agreement was signed by the Chairman of the Oakland County Board of Commissioners on May 6, 2011, and signed by SEMCOG on May 24,2011; and WHEREAS this grant is to be used to identify priority tree planting areas, develop landscaping plans and plant trees in the Rouge Watershed within Oakland County; and Commissioners Minutes Continued. September 22, 2011 495 WHEREAS the Planning & Economic Development Services Division has identified West Bloomfield Township, the City of Novi and the City of Farmington Hills as target areas for increased tree coverage through this grant; and WHEREAS SEMCOG has approved these locations as meeting the purpose of the grant; and WHEREAS ITCTransmission recognizes the important role that trees play in controlling stormwater runoff, reducing air and noise pollution, improving overall quality of life; and demonstrate ITC’s philosophy of right tree, right place; and WHEREAS in the letter dated August 30, 2011, ITC Holdings Corp. has communicated its desire to match SEMCOG/Oakland County’s Great Lakes Restoration Initiative (GLRI) Grant by donating to Oakland County $100,000; and WHEREAS the Planning & Economic Development Services Division will administer and utilize the ITC Holdings Corp. donation in conjunction with the existing grant; and WHEREAS it is estimated to take approximately $1,000 of County staff time to administer the donation; and WHEREAS the $100,000 ITCTransmission donation will be given to the County between October 1, 2011, and December 31, 2012; and WHEREAS the $100,000 ITCTransmission donation will be expended between October 1, 2011, and June 30, 2013; and WHEREAS no new staff positions will be required to implement or administer this grant. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the donation of $100,000 from ITCTransmission, in support of the 2011 Great Lakes Restorative Initiative (GLRI) Grant, which was accepted by the Oakland County Board of Commissioners through MR #11075 on April 21, 2011, as a pass-through of funds from the U.S. Department of Agriculture Forest Service. BE IT FURTHER RESOLVED that acceptance of this donation does not obligate the County to any future commitment and that no special revenue positions are required for acceptance. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of correspondence from ITC - Donna Zalewski Director, Local Government and Community Affairs on file in County Clerk’s office. FISCAL NOTE (MISC. #11215) BY: Finance Committee, Tom Middleton, Chairperson IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION – DONATION FROM ITC SUPPORTING 2011 GREAT LAKES RESTORATION INITIATIVE (GLRI) GRANT - ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Oakland County Board of Commissioners, per MR #11075 on 4/21/2011, accepted the 2011 Great Lakes Restoration Initiative (GLRI) Grant of $100,000 as a pass- through of funds from the U.S. Department of Agriculture Forest Service. 2. The ITC Transmission has communicated a desire to match the Great Lakes Restoration Initiative (GLRI) Grant with a donation of $100,000 to Oakland County. 3. Planning and Economic Development Services Division will administer and utilize the ITC Transmission $100,000 donation in conjunction with the existing grant and approximately $1,000 of staff time to administrate and monitor this project. 4. The $100,000 donation will be given to Oakland County between October 1, 2011 and December 31, 2012 and will be expended between October 1, 2011 and June 30, 2013. 5. The FY 2012 Budget is amended as follows: GENERAL FUND (#10100) FY 2012 Revenues 1090201-171000-650301 Planning and Econ Dev Admin-Donations $100,000 Total Revenues $100,000 Commissioners Minutes Continued. September 22, 2011 496 Expenditures 1090201-171000-730373 Planning and Econ Dev Admin-Cont Svcs $100,000 Total Expenditures $100,000 FINANCE COMMITTEE (The vote for this motion appears on page 507.) *MISCELLANEOUS RESOLUTION #11216 BY: Planning and Building Committee, David Potts, Chairperson IN RE: FACILITIES MANAGEMENT/PLANNING & ECONOMIC DEVELOPMENT SERVICES – PARTICIPATION IN THE MICHIGAN MUNICIPAL LEAGUE’S (MML) MICHIGAN GREEN COMMUNITIES CHALLENGE To The Oakland County Board of Commissioners Chairperson, Ladies, and Gentlemen: WHEREAS Oakland County Executive L. Brooks Patterson issued an "OakGreen Challenge" to Oakland County residents and businesses at the May 13, 2010, Green Summit Event; and WHEREAS the OakGreen Challenge asks participants to decrease energy consumption in homes, businesses, and government facilities 10% by the end of 2012; and WHEREAS by taking the Challenge, residents become eligible to win an OakGreen Award, which will cover the cost of their home’s energy utilities up to $1500 for one year; and WHEREAS the MML has established the Michigan Green Communities Challenge, a program designed in collaboration with the state’s energy office, to create sustainable communities across the state; and WHEREAS all Michigan communities are eligible to participate in the Challenge and demonstrate their commitment to adopting policies and initiating programs that foster energy efficiency and conservation; and WHEREAS the MML provides resources and technical assistance to the participating communities; and WHEREAS the Oakland County communities of Birmingham, Farmington Hills, Ferndale, Highland Charter Township, Huntington Woods, Lathrup Village, Madison Heights, Milford, Milford Charter Township, Oak Park, Orion Charter Township, and Troy have taken the MML Michigan Green Communities Challenge; and WHEREAS taking the Michigan Green Communities Challenge would encourage Oakland County citizens and businesses to initiate stewardship activities that reduce their costs and benefit the environment and local communities; and WHEREAS participating in the Michigan Green Communities Challenge would be complementary with the OakGreen Challenge and further demonstrate Oakland County’s commitment to energy conservation and saving tax payers’ dollars over the long-term since sound energy efficiency and conservation practices are proven to reduce government costs; and WHEREAS both the Michigan Green Communities Challenge and the OakGreen Challenge are synergistic with Oakland County’s current energy management and reporting efforts which will be continued under both challenges, as well as its Energy Management Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves participating in the Michigan Green Communities Challenge over the next three years. Chairperson, on behalf of the Planning & Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Michigan Municipal Federal Investments Catalyze Innovative Green Projects in Michigan, The Michigan Green Communities Challenge on file in County Clerk’s office. (The vote for this motion appears on page 507.) *MISCELLANEOUS RESOLUTION #11217 BY: Planning and Building Committee, David Potts, Chairperson IN RE: BUILDING AUTHORITY - RESOLUTION AUTHORIZING THE OAKLAND COUNTY BUILDING AUTHORITY TO FINANCE A PROJECT FOR THE CITY OF OAK PARK, OAKLAND COUNTY, MICHIGAN Commissioners Minutes Continued. September 22, 2011 497 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS there have been prepared and presented to the Board of Commissioners (the "Board") of the County of Oakland, Michigan (the "County"), documents describing the project to construct, reconstruct, renovate, furnish, equip, refurnish and re-equip various buildings of the City of Oak Park (the “City”) in their administrative campus which will include renovations to the library, water administration, recreation center and 45B District Court all located in Oakland County, Michigan (the "Project"), all as more fully described in EXHIBIT A to the Lease Contract (as hereinafter defined), and a proposed Lease Contract between the County and the Oakland County Building Authority (the "Authority") dated as of October 1, 2011 (the "Lease Contract"), pursuant to which the Authority will construct the Project as contemplated by the terms of Act No. 31, Public Acts of Michigan, 1948 (First Extra Session), as amended ("Act 31"), and lease the Project to the County for a term not to exceed 50 years as permitted by Act 31; and WHEREAS it has been estimated that the period of usefulness of the Project to be not less than 35 years and that the total cost of constructing the Project (as defined in the Lease Contract) in an amount not to exceed $20,500,000 of which not to exceed $6,500,000 will be provided by the proceeds from the sale of bonds by the Authority pursuant to Act 31; and WHEREAS the County proposes to undertake the Project and to request the Authority to incur taxable or tax-exempt debt (the "Reimbursement Obligations") to finance a portion of the costs of the Project; and WHEREAS there has been prepared and attached hereto as Appendix I a form of Lease Contract and as Appendix II a form of notice entitled "Notice of Intention of the County of Oakland to Enter Into a Lease Contract with the Oakland County Building Authority and Notice of Right to Petition for Referendum Thereon" (the "Notice of Intention"). NOW THEREFORE BE IT RESOLVED BY the Board of Commissioners of the County of Oakland, Michigan, as follows: 1. The documents and estimates relating to the Project and identified in Exhibit A to Appendix I hereto are hereby approved and ordered filed with the County Clerk. 2. The Lease Contract in the form of Appendix I hereto is hereby approved, and the Chairperson of the Board of Commissioners and the County Clerk are hereby authorized and directed to execute and deliver the same for and on behalf of the County. 3. It is hereby determined that the Notice of Intention provides information sufficient to adequately inform the electors and taxpayers of the County of the nature of the contractual obligations to be undertaken by the County in the Lease Contract and of their right under Act 31 to file a petition requesting a referendum election on the Lease Contract. 4. The form and content of the Notice of Intention are hereby approved, and the County Clerk is hereby authorized and directed to cause the Notice of Intention to be published once in the Oakland Press, Pontiac, Michigan, a newspaper of general circulation within the County which is hereby determined to be the newspaper reaching the largest number of electors and taxpayers of the County. The Notice shall be at least one third of a page in size. 5. The Treasurer of the County is hereby authorized to declare official intent of the County with respect to reimbursement. 6. Each declaration of official intent shall be substantially in the form set forth in APPENDIX III attached hereto and by this reference incorporated herein, and said form may be modified from time to time on the advice of bond counsel to the County and as necessary to conform to requirements of our reimbursement regulations as the same may be adopted by the Internal Revenue Service or amended from time to time, or with the requirements of applicable rulings or regulations relating to tax-exempt borrowings. 7. The Treasurer is hereby directed to file each declaration of official intent in the office of the Oakland County Clerk, which location constitutes the customary location of the records of the Authority which are available to the general public. 8. The Oakland County Clerk is further directed to assure that each declaration of intent is continuously available during normal business hours of the County on every business day of the period beginning the earlier of 10 days after the date of execution of said declaration of intent and ending on the date of issuance of the Reimbursement Bonds. Commissioners Minutes Continued. September 22, 2011 498 9. 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. 10. All activities involved in the planning and construction of this Project under this resolution shall comply with the standing rules of the Board of Commissioners. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized fill in the blanks in Exhibits A and B to Lease Contract (including inserting the legal description of the Project), in Appendix II, and in Appendix III - Declaration of Intent prior to executing and filing these documents with the Oakland County Clerk. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Appendix I Lease Contract, Exhibit A Project Description, Exhibit B to Lease Contract, Appendix II and Appendix III Form of Declaration of Official Intent Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #11217) BY: Finance Committee, Tom Middleton, Chairperson IN RE: RESOLUTION AUTHORIZING THE OAKLAND COUNTY BUILDING AUTHORITY TO FINANCE A PROJECT FOR THE CITY OF OAK PARK, OAKLAND COUNTY, MICHIGAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Per Miscellaneous Resolution #01182, the Board of Commissioners established a policy that provides for the extension of its superior credit rating, accorded by Moody’s Investor Services and Standard and Poor’s at their highest ranking of AAA, to local units of government throughout Oakland County. 2. The City of Oak Park submitted the required application for assistance with local project. The Bond Application Review Committee met on August 31, 2011 and approved the application. 3. The resolution authorizes the Board of Commissioners to pledge the full faith and credit of the County of Oakland for the payment of principal and interest on Building Authority bonds to be issued for the City of Oak Park. 4. The project description is to construct, reconstruct, renovate, furnish, equip, refurnish and re- equip various buildings of the City of Oak Park in their administrative campus which will include renovations to the library, water administration, recreation center and 45B District Court all located in Oakland County, Michigan. 5. The estimated total cost of constructing the project is not to exceed $20,500,000 of which an amount of not to exceed $6,500,000 will be provided by the proceeds from the sale of bonds by the Building Authority pursuant to Act 31. 6. One or more series of bonds in the aggregate principal amount of not to exceed $6,500,000 may be issued at an interest rate not to exceed 8% per annum. 7. The statutory limit for County debt is $5,245,346,034 (10% of current State Equalized Value). As of August 31, 2011, the total outstanding County pledged credit is $320,209,695, or approximately .61% of the S.E.V. 8. The City of Oak Park will pay for the bonds semi-annually to cover the debt service payments. 9. No budget amendment is required. FINANCE COMMITTEE (The vote for this motion appears on page 507.) Commissioners Minutes Continued. September 22, 2011 499 *REPORT (MISC. #11182) BY: General Government Committee – Christine Long, Chairperson IN RE: FACILITIES MANAGEMENT/CHILDREN’S VILLAGE – CHILDREN’S VILLAGE ATHLETIC TRACK REPAVING PROJECT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered the above titled resolution on September 12, 2011 hereby recommends that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #11182 BY: Planning and Building Committee, David Potts, Chairperson IN RE: FACILITIES MANAGEMENT/CHILDREN’S VILLAGE - CHILDREN’S VILLAGE ATHLETIC TRACK REPAVING PROJECT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the athletic track at the Children’s Village was constructed in 1988; and WHEREAS the condition of the athletic track has deteriorated significantly over the past 23 years; and WHEREAS Purchasing posted the project on MITN, and Facilities Management/Planning and Engineering received four bids on July 14th for repaving services, all of which were under the budget; and WHEREAS the lowest, responsible bidder was Total Asphalt Paving, Inc., of Washington, MI, with a bid in the amount of $43,779; and WHEREAS a project budget of $48,000 was developed along with the bidding documents; and WHEREAS Facilities Planning & Engineering and Purchasing have vetted Total Asphalt and recommend an award of contract; and WHEREAS total project costs of $48,000 are recommended by Facilities Planning & Engineering, including the contract award of $43,779 and Contingency of $4,221; and WHEREAS funds are available from within the Children’s Village budget to fund this request; and WHEREAS the athletic track will be repaved in September. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the Children’s Village Athletic Tracking Repaving Project in the amount of $48,000. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE FISCAL NOTE (MISC. #11182) BY: Finance Committee, Tom Middleton, Chairperson IN RE: FACILITIES MANAGEMENT/CHILDREN’S VILLAGE – CHILDREN’S VILLAGE ATHLETIC TRACK REPAVING PROJECT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above – referenced resolution and finds: 1. Children’s Village is requesting their track be repaved because the condition has deteriorated significantly over the past 23 years 2. Total costs associated with this project are $48,000 which includes the contract award of $43,779 and Contingency of $4,221. 3. Funds are included in the FY 2012 County Executive Recommended Children’s Village Budget then be transferred to the Project Work Orders Fund. 4. Facilities Management will start the project during FY 2011 to accommodate weather conditions and will receive the transfer of funds in FY 2012. 5. The $48,000 will be transferred from the Children’s Village Budget to the Project Work Orders Fund as detailed below: Commissioners Minutes Continued. September 22, 2011 500 CHILD CARE FUND (#20293) 1060501-112090-788001-40400 Transfer Out to Project Work Orders Fund ($48,000) PROJECT WORK ORDERS FUND (#40400) Project ID 100000001521 1040101-148020-695500-20293 Transfer In from Child Care Fund $48,000 Total $ -0- FINANCE COMMITTEE (The vote for this motion appears on page 507.) *MISCELLANEOUS RESOLUTION #11200 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: SHERIFF'S OFFICE – CONTINUATION OF OCCMHA AGREEMENT AND INMATE CASEWORKER POSITION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Sheriff’s Office provides mental health services to inmates having serious and persistent mental illnesses; and WHEREAS the Oakland County Community Health Authority (OCCMHA) has provided support to the Oakland County Sheriff’s Office in providing these services; and WHEREAS the Oakland County Community Health Authority (OCCMHA) has provided partial reimbursement of one (1) GF/GP Inmate Caseworker position since 1999; and WHEREAS CMHA agrees to continue partial funding in the amount of $64,468 for one (1) GF/GP full-time Inmate Caseworker (Pos. #4030320-06577) assigned to Inmate Program Services; and WHEREAS the acceptance of these funds does not obligate the County to any future commitment. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Fiscal Year 2012 OCCMHA Letter of Agreement in the amount of $64,468 and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached. BE IT FURTHER RESOLVED to continue one (1) GF/GP full-time Inmate Caseworker (Pos. #4030320- 06577) in the Corrective Services-Detention Facilities Division/Inmate Program Services which is partially funded by OCCMHA October 1, 2011 through September 30, 2012. BE IT FURTHER RESOLVED that the continuation of this position is contingent upon continued reimbursement funding. Chairperson, on behalf of the Public Services Committee, I move adoption of the forgoing resolution. PUBLIC SERVICES COMMITTEE Copy of Correspondence from Community Mental Health Authority Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #11200) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF'S OFFICE – CONTINUATION OF OCCMHA AGREEMENT AND INMATE CASEWORKER POSITION 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 Sheriff’s Office has received partial reimbursement funding from the Oakland County Community Mental Health Authority (OCCMHA) in support of one (1) Inmate Caseworker position (#4030320-06577). 2. This position enables the Sheriff’s Office to provide mental health service to inmates having serious and persistent mental illness. 3. The agreement between the Sheriff’s Office and the Oakland County Community Mental Health Authority (OCCMHA) to fund this position has been in effect since 1999. Commissioners Minutes Continued. September 22, 2011 501 4. Funding for this position, as established by letter of agreement from OCCMHA is in the amount of $64,468. 5. CMHA agrees to provide this supplemental funding arrangement for one (1) year beginning October 1, 2011 through September 30, 2012, after which time this agreement will be evaluated for extension and renewal, and is contingent upon continuation funding from OCCMHA. 6. An Intergovernmental billing to OCCMHA for Fiscal Year 2012 and revenue receipts will be recorded to the Sheriff’ Office Community Corrections Division GF/GP budget. 7. No budget amendment is required with this agreement. FINANCE COMMITTEE (The vote for this motion appears on page 507.) *MISCELLANEOUS RESOLUTION #11201 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: CIRCUIT COURT - FAMILY DIVISION - OAKLAND COUNTY CHILD CARE FUND BUDGET 2011-2012 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Pursuant to provisions of Act 280 of the Public Acts of 1975, Oakland County is required to develop and submit a plan and budget for the provision of funding of foster care services to the Bureau of Juvenile Justice, Department of Human Services, annually; and WHEREAS The Oakland County Circuit Court - Family Division, County of Oakland, and the Oakland County Department of Health and Human Services have developed the attached foster care services budget for the State's fiscal year, October, 1, 2011 through September 30, 2012; and WHEREAS The Public Services Committee has reviewed this budget and recommends its submission to the State Office. NOW THEREFORE, BE IT RESOLVED that the Oakland County Board of Commissioners authorizes submission of the 2011-2012 Oakland County Child Care Fund Budget to the Bureau of Juvenile Justice’s Child Care Fund Unit, Department of Human Services. Chairperson, On behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of County Child Care Budget Summary Michigan Department of Human Services (DHS) Child and Family Services Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #11201) BY: Finance Committee, Tom Middleton, Chairperson IN RE: CIRCUIT COURT/FAMILY DIVISION - OAKLAND COUNTY CHILD CARE FUND BUDGET 2011-2012 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to the Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: 1. Under the provisions of Act 280 of the Public Acts of 1975, Oakland County is required to develop and submit a plan and budget for funding foster care services to the Child and Family Services Office of the Bureau of Juvenile Justice, Department of Human Services annually. 2. The Circuit Court/Family Division and the Oakland County Department of Human Services have developed the budget for foster care services covering the period of October 1, 2011 through September 30, 2012. 3. The application reflects $35,669,361 in gross expenditures and $2,500,000 in offsetting revenues, leaving a net expenditure of $33,169,361. The Child Care fund reimburses 50% for all Child Care Fund eligible expenditures of $33,169,361, rendering a State reimbursement of $16,584,680 should the State approve the budget and the County expend all funds listed in the application. 4. The application reflects an approximate .087% increase from last year’s application totaling $28,723. Commissioners Minutes Continued. September 22, 2011 502 5. The figures provided are estimates for State Child Care Fund budgeting purposes only, based on current available data and may not reflect the eventual adopted budget and/or expenditures for this program. The application expenditures exceed the FY 2012 Finance Committee Recommendation by approximately 8.59% or $1,423,370. 6. If necessary, a budget amendment will be recommended at the time of the contract agreement. FINANCE COMMITTEE (The vote for this motion appears on page 507.) *REPORT (MISC. #11202) BY: Human Resources Committee, John Scott, Chairperson IN RE: SHERIFF’S OFFICE – CONTRACT AMENDMENT #2 FOR LAW ENFORCEMENT SERVICES IN THE CHARTER TOWNSHIP OF BRANDON To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee having reviewed MR #11202 on September 22, 2011 reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing Report. HUMAN RESOURCES COMMITTEE MISCELLANEOUS RESOLUTION #11202 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: SHERIFF'S OFFICE-CONTRACT AMENDMENT #2 FOR LAW ENFORCEMENT SERVICES IN THE CHARTER TOWNSHIP OF BRANDON-2011 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Charter Township of Brandon has contracted with the Oakland County Sheriff's Department to provide law enforcement services for the Township (MR #10326); and WHEREAS paragraph 24 of this Contract provided that an amendment to this Contract must be approved by concurrent resolutions of both the Oakland County Board of Commissioners and the Brandon Township Board of Trustees; and WHEREAS the Charter Township of Brandon has approved a proposed amendment to the contract (Schedule A Deputies Contracted) which would add one (1) Patrol Investigator from September 1 to December 31, 2011 bringing the number of Patrol Investigators from one (1) to two (2) and the total number of contracts to eleven and one-half (11.5); and WHEREAS the Sheriff has agreed to add one (1) Patrol Investigator for the period September 1, 2011 to December 31, 2011 for the Charter Township of Brandon under the terms of this contract. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves an amendment to the original Schedule A (Sheriff Deputies Contracted) of the Oakland County Sheriff's Department 2010 Law Enforcement Services Agreement with the Charter Township of Brandon to add one (1) Patrol Investigator for the period September 1, 2011 to December 31, 2011. BE IT FURTHER RESOLVED that one (1) GF/GP Deputy II position be created in the Contract Patrol Unit, Patrol Services Division of the Sheriff’s Office for the period September 1, 2011 to December 31, 2011. BE IT FURTHER RESOLVED that this amendment will take effect September 1, 2011. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Commissioners Minutes Continued. September 22, 2011 503 Charter Township of Brandon 2011 SCHEDULE A SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY Rank(s) of SHERIFF'S DEPUTIES Number(s) of Sheriff's Deputies Contracted Bi-Weekly Charge to Municipality in 2011 Captain $6,660.76 Lieutenant $5,792.51 Patrol Sergeant $5,228.70 Detective Sergeant 1 $5,367.43 Deputy II (w/fill) $5,554.46 Deputy II (no-fill) 8.5 $4,667.23 Deputy II (no-fill/no- vehicle) $4,427.50 Patrol Investigator (no-fill) 2 $4,812.89 Deputy I (no-fill) $3,721.20 TOTAL 11.5 NOTE: For each PATROL DEPUTY II (WITH FILL-IN) identified above, ONLY the O.C.S.O. shall, at no additional cost to the MUNICIPALITY, provide a substitute (i.e., FILL-IN) SHERIFF'S DEPUTY to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY whenever a PATROL DEPUTY II (WITH FILL-IN) is absent from the MUNICIPALITY during any 80 hour bi-weekly period for any reason except those reasons enumerated in Paragraph 5(a)(1) through Paragraph 5(a)(5) above. NOTE: No Trainees shall be assigned by the O.C.S.O. to perform the duties of any SHERIFF'S DEPUTY contracted for and assigned to perform LAW ENFORCEMENT SERVICES under the terms of this Agreement. Commissioners Minutes Continued. September 22, 2011 504 OAKLAND COUNTY SHERIFF'S DEPARTMENT 2011 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF BRANDON Amendment 2 _____________________________________________________________________ Pursuant to paragraph 24 of the 2011 Law Enforcement Services Agreement between the COUNTY and the CHARTER TOWNSHIP OF BRANDON, the parties hereby agree to amend said contract in accordance with the attached Schedules A. All other contractual provisions, of the 2011 Law Enforcement Services Agreement not otherwise affected by the attached Schedules A remain in full force and effect. FOR AND IN CONSIDERATION of the mutual assurances, promises, acknowledgments, set forth in this Amendment 2 to the 2011 Law Enforcement Services Agreement, ("Amendment") and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the undersigned hereby execute this Amendment on behalf of the Parties, and by doing so legally obligate and bind the Parties to the terms and conditions of this Contract. IN WITNESS WHEREOF Kathy Thurman, Supervisor of the Charter Township of Brandon, hereby acknowledges that he has been authorized by a resolution of the Township Board, to execute this Amendment on behalf of the Municipality and hereby accepts and binds the Municipality to the terms and conditions of this Amendment. EXECUTED: __________________________ DATE: _______________ Kathy Thurman, Supervisor WITNESSED: _________________________, Clerk DATE: _______________ Charter Township of Brandon IN WITNESS WHEREOF Michael J. Gingell, Chairperson, Oakland County Board of Commissioners hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners, to execute this Amendment on behalf of Oakland County, and hereby accepts and binds Oakland County to the terms and conditions of this Amendment. EXECUTED: __________________________ DATE: _______________ Michael J. Gingell, Chairperson Oakland County Board of Commissioners WITNESSED: __________________________ DATE: _______________ Bill Bullard, Jr., Clerk County of Oakland FISCAL NOTE (MISC. #11202) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF’S OFFICE – CONTRACT AMENDMENT #2 FOR LAW ENFORCEMENT SERVICES IN THE CHARTER TOWNSHIP OF BRANDON-2011 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Charter Township of Brandon has requested amendment #2 to the law enforcement contract for calendar year 2011 with the Oakland County Sheriff’s Office. 2. The rates stated in this agreement are consistent with the rates established per MR #10261. Commissioners Minutes Continued. September 22, 2011 505 3. This amendment is effective for the period of September 1, 2011 to December 31, 2011. 4. Amendment #1 of this contract created one (1) GF/GP Deputy II (Patrol Investigator) position for the period of January 1, 2011 through June 30, 2011, and was deleted effective July 2, 2011. 5. The Township of Brandon has requested with Amendment #2, one (1) GF/GP Deputy II (Patrol Investigator) position be created in the Contract Patrol Unit, Patrol Services Division of the Sheriff’s Office. 6. The number of contracted positions for this community is 11.5. 7. There are no changes to the number of vehicles or radios associated with this amendment. 8. The FY 2012 Budget is amended as follows: GENERAL FUND (#10100) Sheriff Patrol Services Division Revenues FY 2012 4030601-116180-632093 Sher. Spec. Deputy $ 41,712 Total Revenues $ 41,712 Expenditures 4030601-116180-702010 Salaries $ 17,019 4030601-116180-712020 Overtime 13,163 4030601-116180-722790 Social Sec 1,302 4030601-116180-722770 Retirement 5,695 4030601-116180-722780 Hospitalization 2,971 4030601-116180-722760 Group Life 75 4030601-116180-722750 Workers Comp 211 4030601-116180-722810 Disability 53 4030601-116180-722820 Unemployment 75 4030601-116180-722800 Dental 271 4030601-116180-722850 Optical 15 4030601-116180-750070 Deputy Supplies 131 4030601-116180-750581 Uniforms 156 4030601-116180-730653 Equip Rental 248 4030601-116180-774677 Insurance Fund 272 4030601-116180-773535 CLEMIS 55 Total Expenditures $ 41,712 FINANCE COMMITTEE (The vote for this motion appears on page 507.) *REPORT (MISC. #11218) BY: Human Resources Committee, John Scott, Chairperson IN RE: MULTIDEPARTMENTAL: SHERIFF’S OFFICE AND COMMUNITY CORRECTIONS – 2011 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM – GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee having reviewed the above referenced resolution on September 22, 2011 reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing Report. HUMAN RESOURCES COMMITTEE MISCELLANEOUS RESOLUTION #11218 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: MULTIDEPARTMENTAL: SHERIFF'S OFFICE AND COMMUNITY CORRECTIONS – 2011 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM – GRANT ACCEPTANCE To the Oakland County Board of Commissioners Commissioners Minutes Continued. September 22, 2011 506 Chairperson, Ladies and Gentlemen: WHEREAS the U.S. Department of Justice - Office of Justice Programs has awarded Oakland County, along with 2 local jurisdictions, grant funding in the amount of $208,894 for the period of October 1, 2010 through September 30, 2014; and WHEREAS Oakland County’s share of the $208,894 is $33,180 and the remaining $234,485 is distributed based on Federal allocation; $121,903 to the City of Pontiac (via the Sheriff’s Office) and $53,811 to the City of Southfield; and WHEREAS there is no grant match requirement; and WHEREAS Oakland County's projects include equipment acquisition for the Sheriff’s Office and funding a PTNE Sheriff Deputy for after-hours Community Corrections’ program security; and WHEREAS the FY 2012 Budget process created one (1) General Fund/General Purpose (GF/GP) part-time non-eligible Court Deputy I position (#4030435-11224) to provide after-hours Community Corrections security. The 2011 JAG award will fund the majority of this position; therefore it is recommended that the funding be changed to Special Revenue (SR) to properly reflect the position funding source; and WHEREAS under an Intergovernmental Agreement between Oakland County, the City of Pontiac and the City of Southfield authorized by Miscellaneous Resolution #11195, Oakland County will act as the fiduciary and lead agency for the entire award; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process and the Board of Commissioners Grant Acceptance Procedures; and WHEREAS the acceptance of this grant does not obligate the County to any future commitment. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the U.S. Department of Justice Grant Agreement in the amount of $208,894 which includes Oakland County’s share of $33,180 allocated to the following departments: Sheriff’s Office $9,500 and Community Corrections $23,680 and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached. BE IT FURTHER RESOLVED that position #4030435-11224 be changed from GF/GP to SR to properly reflect the funding source. BE IT FURTHER RESOLVED the continuation of the program is contingent upon future levels of grant program funding. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Grant Review Sign Off – Sheriff’s Office and Community Corrections, Correspondence from Department of Justice/Office of Justice Programs/Bureau of Justice Assistance, Correspondence from Department of Justice/Office of Justice Program/Office for Civil Rights, Oakland County FY 2011 JAG – Application 2011-H4612-MI-DJ Project Narrative – Attachment 1, Oakland County FY 2011 JAG – Application 2011-H4612-MI-DJ Project Budget – Attachment 2 Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #11218) BY: Finance Committee, Tom Middleton, Chairperson IN RE: MULTIDEPARTMENTAL: SHERIFF’S OFFICE AND COMMUNITY CORRECTIONS – 2011 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM - GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The United States Department of Justice has awarded Oakland County, the City of Southfield and the City of Pontiac grant funding in the amount of $208,894. 2. Oakland County’s share of the award is $33,180. The Sheriff’s Office will receive $9,500 for the purchase of cell extraction equipment and Community Corrections will receive $23,680 to fund a PTNE Sheriff Deputy for after-hours program security. 3. The remaining grant distribution is based on Federal allocation of $121,903 to the City of Pontiac and $53,811 to the City of Southfield pursuant to the Intergovernmental Agreement approved by Miscellaneous Resolution #11195. Commissioners Minutes Continued. September 22, 2011 507 4. The grant funding period is October 1, 2010 through September 30, 2014. 5. No County match is required. 6. The Fiscal Year 2012 budget is recommended as follows: GRANT FUND (#27366) GRANT (#GR0000000587) FY 2012 Revenue 1020601-182050-610313-40460 M&B – Grants – Federal $ 53,811 4030601-116180-610313-40420 Sheriff – Grants – Federal $121,903 4030301-112620-610313 Sheriff/Main Jail – Grants - Federal $ 9,500 4030401-121280-610313 Sheriff/Sat Admin - Grants-Federal $ 23,680 Total Grant Fund Revenue $208,894 Expenditures 1020601-182050-750170-40460 M&B/City of Southfield – Equip $ 53,811 4030601-116180-750170-40420 Sheriff/City of Pontiac - Equip $ 121,903 4030301-112620-750170 Sheriff/Other Exp Equipment $ 9,500 4030401-121280-702010 Sheriff/ Salaries $ 23,680 Total Grant Fund Expenditures $ 208,894 FINANCE COMMITTEE Vote on Consent Agenda: AYES: Crawford, Dwyer, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic, Covey. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). Commissioner Middleton stated that there were no items to report on the Regular Agenda for the Finance Committee. MISCELLANEOUS RESOLUTION #11219 BY: General Government Committee, Christine Long, Chairperson IN RE: COUNTY CLERK/REGISTER OF DEEDS – ELECTIONS DIVISION – AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS BY THE CITY OF HAZEL PARK To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in Resolution #97232 the Board of Commissioners authorized the establishment of a revised Board of Canvassers’ Service Fee of $25.00 per precinct to help defray the cost of election certification as provided by Public Act 116 of 1954, as amended; and WHEREAS the City of Hazel Park is requesting to utilize the services of the Oakland County Board of Canvassers; and WHEREAS Corporation Counsel has drafted an agreement for said city to utilize the services of the Oakland County Board of Canvassers. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the attached agreement with the City of Hazel Park to utilize the services of the Oakland County Board of Canvassers. BE IT FURTHER RESOLVED that, upon approval of this agreement by the Oakland County Board of Commissioners, a copy shall be filed by the County Clerk with the Office of the Great Seal of the State of Michigan. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Agreement between the County and City of Hazel Park. Commissioners Minutes Continued. September 22, 2011 508 Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Correspondence from the City of Hazel Park Municipal Offices, Agreement between the City of Hazel Park and Oakland County to Utilize the Services of the Oakland County Board of Canvassers Incorporated by Reference. Original on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. REPORT BY: General Government Committee – Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – APPOINTMENT TO THE MICHIGAN DEPARTMENT OF HUMAN SERVICES-OAKLAND COUNTY AGENCY BOARD To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered this appointment on May 23, 2011, hereby recommends that Mary Ann Jerge be appointed to the Michigan Department of Human Services-Oakland County Agency Board for a three-year of November 1, 2011 – October 31, 2014. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Copy of Oakland County Board of Commissioners Application Form for Appointment to Boards, Committees and Commissions, Correspondence from Richard E. Dauch, Correspondence from the State of Michigan 44th District Court, copy of Mary Ann Jerge’s Resume on file in County Clerk’s office. Moved by Long supported by Covey the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Long supported by Covey the appointment of Mary Ann Jerge to the Michigan Department of Human Services – Oakland County Agency Board for a Three Year Term ending October 31, 2014 be confirmed. Vote on appointment: AYES: Dwyer, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic, Covey, Crawford. (25) NAYS: None. (0) A sufficient majority having voted in favor, the appointment of Mary Ann Jerge to the Michigan Department of Human Services – Oakland County Agency Board for a Three Year Term ending October 31, 2014 was confirmed. REPORT BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – APPOINTMENTS TO THE BOARD OF COUNTY CANVASSERS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered the recommendations of Dennis Pittman, Chairperson of the Republican Party and Frank Houston, Chairperson of the Democratic Party, hereby recommends the filling of Canvassing Board seats for a four-year term ending October 31, 2015 as follows: Commissioners Minutes Continued. September 22, 2011 509 Heidi Oprisiu, Republican Member Jeanne Denewith, Democratic Member Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Copy of Correspondence from Oakland County Democratic Party, and Correspondence from Oakland County Republican Party on file in County Clerk’s office. Moved by Long supported by Gershenson the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. The vote for members of the Oakland County Canvassing Board, as a result of a paper ballot vote, reads as follows, listing the Commissioner and their selection of Republican Candidate and Democratic Candidate in parenthesis: Bosnic (Oprisiu, Hamilton), Covey (Reinke, Deneweth), Crawford (Oprisiu, Deneweth), Dwyer (Oprisiu, Deneweth), Gershenson (Oprisiu, Deneweth), Gingell (Oprisiu, Deneweth), Gosselin (Oprisiu, Jensen), Greimel (Oprisiu, Deneweth), Hatchett (Oprisiu, Deneweth), Hoffman (Oprisiu, Deneweth), Jackson (Oprisiu, Deneweth), Long (Oprisiu, Deneweth), Matis (Oprisiu, Deneweth), McGillivray (Oprisiu, Deneweth), Middleton (Ensign, Deneweth), Nash (Oprisiu, Deneweth), Nuccio (Oprisiu, Deneweth), Potts (Oprisiu, Jensen), Quarles (Ensign, Deneweth), Runestad (Oprisiu, Deneweth), Scott (Oprisiu, Hamilton), Taub (Oprisiu, Deneweth), Weipert (Oprisiu, Hamilton), Woodward (Oprisiu, Deneweth), Zack (Oprisiu, Deneweth). SUMMARY OF VOTES Republican Candidates Democratic Candidates Ross Ensign 2 Jeanne Deneweth 20 Jay Reinke 1 Christine Jensen 2 Heide Oprisiu 22 Jayne Hamilton 3 Moved by Long supported by Gershenson the appointments of Heide Oprisiu as the Republican Representative and Jeanne Deneweth as the Democratic Representative to the Oakland County Canvassing Board for a Four Year Term ending October 31, 2015, be confirmed. A sufficient majority having voted in favor, the appointments of Heide Oprisiu and Jeanne Deneweth to the Oakland County Canvassing Board for a Four Year Term ending October 31, 2015, were confirmed. Commissioner Scott stated that there were no items to report on the Regular Agenda for the Human Resources Committee. MISCELLANEOUS RESOLUTION #11220 BY: Planning and Building Committee, David Potts, Chairperson IN RE: WATER RESOURCES COMMISSIONER - 2011 CHAPTER 4 DRAIN MAINTENANCE ASSESSMENT RESOLUTION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in accordance with the provisions of Chapter 4 of Act No. 40 of the Public Acts of 1956, as amended, also known as the Michigan Drain Code, the Oakland County Water Resources Commissioner operates and maintains a number of open ditch or enclosed drains at various locations throughout Oakland County; and WHEREAS the Water Resources Commissioner incurs costs for such operation and maintenance that are recoverable via assessments against the various benefiting properties and government entities comprising the assessment rolls of the respective Drainage Districts; and WHEREAS Chapter 8 of the said Drain Code permits the Water Resources Commissioner to levy assessments against the Drainage District of drains established in accordance with said Chapter 4, for Commissioners Minutes Continued. September 22, 2011 510 operation, maintenance, clean out and repair purposes, provided such assessments not exceed $2,500 per mile of drain per year, or fraction thereof; and WHEREAS for the year 2011, the Water Resources Commissioner proposes to assess 30 Drainage Districts the total aggregate amount of $231,250.00 for the maintenance, operation, clean out and repair of 30 drains, all in accordance with the said $2,500 per mile of drain per year limitation, as itemized on the listing attached hereto. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes the Water Resources Commissioner to assess, levy and collect for the year 2011, for the purpose of operating, maintaining, cleaning out and repairing 30 drains located in Oakland County, the total aggregate amount of $231,250.00, being the sum total of assessments for the said year to be assessed against all of the benefiting properties and government entities comprising the assessment rolls of 30 Drainage Districts itemized on the listing attached hereto. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Oakland County Water Resources Commissioner 2011 Chapter 4 Assessments for Maintenance and Operation and 2011 Chapter 4 Drains Detail Summary on file in County Clerk’s office. FISCAL NOTE (MISC. #11220) BY: Finance Committee, Tom Middleton, Chairperson IN RE: WATER RESOURCES COMMISSIONER - 2011 CHAPTER 4 DRAIN MAINTENANCE ASSESSMENT RESOLUTION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The resolution authorizes the Water Resources Commissioner to assess, levy, and collect $231,250.00 for the year 2011 against all benefiting properties and government entities comprising the assessment rolls, for the purpose of maintaining, cleaning, and repairing 30 Chapter 4 drains located within Oakland County. 2. Oakland County’s share of the assessments for maintenance of Chapter 4 drains is $15,362.62 for roads at large. 3. Funding is available in the General Fund Non-Departmental account - Drain Assessments. No budget amendments are recommended. FINANCE COMMITTEE The Chairperson stated the resolution be laid over for 30 days until the October 20, 2011, Board meeting. There were no objections. MISCELLANEOUS RESOLUTION #11221 BY: Planning and Building Committee, David Potts, Chairperson IN RE: WATER RESOURCES COMMISSIONER - 2011 CHAPTER 18 DRAIN MAINTENANCE ASSESSMENT RESOLUTION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in accordance with the provisions of Chapter 18 of Act No. 40 of the Public Acts of 1956, as amended, also known as the Michigan Drain Code, the Oakland County Water Resources Commissioner operates and maintains a number of open ditch and/or enclosed drains at various locations in Oakland and West Bloomfield Townships; and WHEREAS existing private drains established as County Drains in accordance with Chapter 18 of the Michigan Drain Code shall be the same as if originally laid out and designated, located, established and constructed by procedures set forth in other sections of the Michigan Drain Code; and WHEREAS the Water Resources Commissioner incurs costs for the operation and maintenance of these Drains that are recoverable via assessments against the various benefiting properties and government entities comprising the assessment rolls of the respective Drainage Districts; and Commissioners Minutes Continued. September 22, 2011 511 WHEREAS Chapter 18 of the said Drain Code permits the Water Resources Commissioner to levy assessments against Drainage District of Drains established in accordance with said Chapter 18, for operation, maintenance, clean out and repair purposes, provided such assessments not exceed $2,500 per mile of drain per year, or fraction thereof; and WHEREAS for the year 2011, the Water Resources Commissioner proposes to assess 30 Drainage Districts the total aggregate amount of $78,500.00 for the maintenance, operation, cleanout and repair of 30 drains, all in accordance with the said $2,500 per mile of drain per year limitation, as itemized on the listing attached hereto. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes the Water Resources Commissioner to assess, levy and collect for the year 2011, for the purpose of operating, maintaining, cleaning out and repairing 30 drains located in Oakland County, the total aggregate amount of $78,500.00, being the sum total of assessments for the said year to be assessed against all of the benefiting properties and government entities comprising the assessment rolls of 30 Drainage Districts itemized on the listing attached hereto. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Oakland County Water Resources Commissioner 2011 Chapter 18 Assessments for Maintenance and Operation and Detail Summary by Project on file in County Clerk’s office. FISCAL NOTE (MISC. #11221) BY: Finance Committee, Tom Middleton, Chairperson IN RE: WATER RESOURCES COMMISSIONER - 2011 CHAPTER 18 DRAIN MAINTENANCE ASSESSMENT RESOLUTION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The resolution authorizes the Water Resources Commissioner to assess, levy, and collect $78,500.00 for the year 2011 against all benefiting properties and government entities comprising the assessment rolls, for the purpose of operating, maintaining, cleaning, and repairing 30 Chapter 18 drains located within Oakland County. 2. Oakland County’s share of the assessments for maintenance of Chapter 18 drains is $10,762.77 for roads at large. 3. Funding is available in the General Fund Non-Departmental account - Drain Assessments. No budget amendments are recommended. FINANCE COMMITTEE The Chairperson stated the resolution be laid over for 30 days until the October 20, 2011, Board meeting. There were no objections. MISCELLANEOUS RESOLUTION #11222 BY: Planning and Building Committee, David Potts, Chairperson IN RE: WATER RESOURCES COMMISSIONER - 2011 LAKE LEVEL ASSESSMENTS FOR OPERATION AND MAINTENANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in accordance with the provisions of Part 307 of Act 451 of 1994, as amended, Inland Lake Levels, the Oakland County Water Resources Commissioner operates and maintains 35 lake level control devices/structures and 7 lake augmentation pumps that regulate the legally established water level of 53 lakes located within Oakland County; and WHEREAS the Water Resources Commissioner incurs costs for such operation and maintenance that are recoverable via assessments against the various benefiting properties and government entities comprising the assessment rolls of the respective Lake Level Districts; and Commissioners Minutes Continued. September 22, 2011 512 WHEREAS Section 30722(4) of Act No. 59 requires that the Water Resources Commissioner obtain approval from the Board of Commissioners prior to levying any lake level assessment in excess of $10,000 annually; and WHEREAS for the year 2011, the Water Resources Commissioner proposes to assess 29 separate Lake Level Districts for the total aggregate amount of $432,364.79 for operation, maintenance and repair purposes, as itemized on the listing attached hereto, of which 13 of the proposed assessments are in excess of the said $10,000 limit, thereby requiring the Board of Commissioners’ authorization. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes the Water Resources Commissioner to assess, levy and collect for the year 2011, for the purpose of operating and maintaining the level of various lakes located in Oakland County, the total aggregate amount of $432,364.79, being the sum total of all assessments for the said year to be assessed against all of the befitting properties and government entities comprising the assessment rolls of 29 separate Lake Level Districts itemized on the listing hereto, including 13 assessments in excess of $10,000. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Oakland County Water Resources Commissioner 2011 Lake Level Drain Assessments for Maintenance and Operation and 2011 Lake Levels Detail Summary by Community on file in County Clerk’s office. FISCAL NOTE (MISC. #11222) BY: Finance Committee, Tom Middleton, Chairperson IN RE: WATER RESOURCES COMMISSIONER - 2011 LAKE LEVEL ASSESSMENTS FOR OPERATION AND MAINTENANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The resolution authorizes the Water Resources Commissioner to assess, levy, and collect $432,364.79 for the year 2011 against all benefiting properties and government entities comprising the assessment rolls, for the purpose of operating and maintaining 29 lake levels located within Oakland County. 2. Oakland County’s share of the assessments for operations and maintenance of lake levels is $3,515.12 for roads at large. 3. Funding is available in the General Fund Non-Departmental account - Drain Assessments. No budget amendments are recommended. FINANCE COMMITTEE The Chairperson stated the resolution be laid over for 30 days until the October 20, 2011, Board meeting. There were no objections. MISCELLANEOUS RESOLUTION #11223 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: SHERIFF'S OFFICE – DISPOSITION OF K-9 DOG - RUDY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners has authorized the Sheriff to purchase several K-9 dogs use by the Sheriff’s Office; and WHEREAS the county purchased “Rudy” and Rudy has faithfully served the County of Oakland in his role as a K-9 dog for 8 years and is nearing retirement age; and WHEREAS because of the unique circumstances surrounding Rudy’s training and role as a K-9 dog, he has little, if any, fair market value; and Commissioners Minutes Continued. September 22, 2011 513 WHEREAS in recognition of Rudy’s faithful service to the County and the undeniable bond that has developed between Rudy and his handler, Deputy David Roddy, the Sheriff recommends that Rudy be sold to Deputy Roddy for a nominal sum; and WHEREAS this matter has been reviewed by Corporation Counsel and a Transfer of Ownership and Release of Claims Agreement is attached. NOW IT THEREFORE BE RESOLVED that the Oakland County Board of Commissioners approves selling the canine dog Rudy to Deputy David Roddy per the attached Transfer of Ownership and Release of Claims Agreement and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached. PUBLIC SERVICES COMMITTEE Copy of Transfer of Ownership and Release of Claims 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 #11224 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: SHERIFF'S OFFICE – ADDITION OF K-9 DOG -CHARGE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Deputy Roddy’s current canine, Rudy, is ready to retire after faithfully serving the citizens of Oakland County in his role as a police canine for nearly 8 years; and WHEREAS Deputy Roddy has purchased a dog to replace Rudy in the K-9 unit and this canine, Charge, is a Dutch Shepherd; and WHEREAS Charge has been successfully trained and certified in the areas of narcotics Detection, Article Searches, Tracking and Obedience; and WHEREAS Charge has been thoroughly examined by Veterinarian Brian Covert and been given a clean bill of health; and WHEREAS the Oakland County Sheriff has concluded that Charge would be useful and beneficial addition to his Office’s K-9 Unit; and WHEREAS Deputy Roddy has agreed to sell Charge to Oakland County for the nominal sum of $1.00 on the condition that Charge be sold back to him for the same nominal sum upon Deputy Roddy’s transfer from the K-9 unit or at the end of Charge’s service life, whichever comes first; and WHEREAS the purchase of Charge from Deputy Roddy (as opposed to purchasing an untrained canine through an outside source) will result in a savings to the County of approximately $15,000; and WHEREAS this matter has been reviewed by Corporation Counsel and a Transfer of Ownership Agreement is attached. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves buying Charge from Deputy David Roddy per the attached Transfer of Ownership Agreement and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached. PUBLIC SERVICES COMMITTEE Copy of Transfer of Ownership 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 #11225 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: SHERIFF'S OFFICE – DISPOSITION OF K-9 DOG - BOSS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners has authorized the Sheriff to purchase several K-9 dogs for use by the Sheriff’s Office; and Commissioners Minutes Continued. September 22, 2011 514 WHEREAS the county purchased “Boss” and Boss has faithfully served the County of Oakland in his role as a K-9 dog for 8 years and is nearing retirement age; and WHEREAS because of the unique circumstances surrounding Boss’s training and role as a K-9 dog, he has little, if any, fair market value; and WHEREAS in recognition of Boss’s faithful service to the County and the undeniable bond that has developed between Boss and his handler, Deputy Michael Richardson, the Sheriff recommends that Boss be sold to Deputy Richardson for a nominal sum; and WHEREAS this matter has been reviewed by Corporation Counsel and a Transfer of Ownership and Release of Claims Agreement is attached. NOW IT THEREFORE BE RESOLVED that the Oakland County Board of Commissioners approves selling the canine dog Boss to Deputy Michael Richardson per the attached Transfer of Ownership and Release of Claims Agreement and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached. PUBLIC SERVICES COMMITTEE Copy of Transfer of Ownership and Release of Claims 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 #11226 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: SHERIFF'S OFFICE – ADDITION OF K-9 DOG - BLITZ To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Deputy Richardson’s current canine, Boss, is ready to retire after faithfully serving the citizens of Oakland County in his role as a police canine for nearly 8 years; and WHEREAS Deputy Richardson has purchased a dog to replace Boss in the K-9 unit and this canine, Blitz, is a Dutch Shepherd; and WHEREAS Blitz has been successfully trained and certified in the areas of narcotics Detection, Article Searches, Tracking and Obedience; and WHEREAS Blitz has been thoroughly examined by Veterinarian Brian Covert and been given a clean bill of health; and WHEREAS the Oakland County Sheriff has concluded that Blitz would be useful and beneficial addition to his Office’s K-9 Unit; and WHEREAS Deputy Richardson has agreed to sell Blitz to Oakland County for the nominal sum of $1.00 on the condition that Blitz be sold back to him for the same nominal sum upon Deputy Richardson’s transfer from the K-9 unit or at the end of Blitz’s service life, whichever comes first; and WHEREAS the purchase of Blitz from Deputy Richardson (as opposed to purchasing an untrained canine through an outside source) will result in a savings to the County of approximately $15,000; and WHEREAS this matter has been reviewed by Corporation Counsel and a Transfer of Ownership Agreement is attached. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves buying Blitz from Deputy Michael Richardson per the attached Transfer of Ownership Agreement and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached. PUBLIC SERVICES COMMITTEE Copy of Transfer of Ownership 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. Chairperson Michael Gingell made the following statement: “A Public Hearing is now called on the FY 2012 General Appropriations ACT. Is there anyone present who wishes to speak?” No one requested to speak and the Chairperson declared the Public Hearing closed. Commissioners Minutes Continued. September 22, 2011 515 REPORT (MISC. #11227) BY: Human Resources Committee, John Scott, Chairperson IN RE: FISCAL YEAR 2012 SALARY RECOMMENDATIONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee recommends the following actions: 1. Maintain the current salary ranges for salary grades 1 - 21 by recommending a 0% salary adjustment for fiscal year 2012, which begins September 24, 2011. 2. Maintain all remaining classifications not represented by bargaining units by recommending a 0% salary adjustment for fiscal year 2012, including appointed officials, classes designated as exceptions to salary grades 1 - 21, part-time and hourly classes, students, and summer and seasonal classes but excluding: a. Circuit, Probate and District Court Judges which are currently at the maximum rate allowed; and b. Appointed Board and Commission members; and c. Commissioners addressed by Miscellaneous Resolution #10025. 3. Provide a salary adjustment for the County Executive, Prosecuting Attorney, County Clerk/Register of Deeds, Water Resources Commissioner, Sheriff and County Treasurer by 0% effective September 24, 2011. *Note: Given the continuing economic situation facing the State and County it is recommended that the Elected Officials (excluding the County Executive whose salary was reduced by 2.5% in 2010 and 1.5% in 2011) and Assistant Prosecuting Attorneys continue to voluntarily donate an amount equivalent to 4% of their salary back to the County. This is consistent with the salary reductions experienced by most County employees during fiscal years 2010 and 2011. 4. Delete the following classifications from the County’s Salary Schedule. Chief Pharmacist Photo Map Technician Court Service Officer Supervisor Senior Tax Description Technician Pharmacist Sewer Meter Supervisor Pharmacy Technician Victim Rights Leader Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing report. HUMAN RESOURCES COMMITTEE MISCELLANEOUS RESOLUTION #11227 BY: Finance Committee, Tom Middleton, Chairperson IN RE: FISCAL YEAR 2012 GENERAL APPROPRIATIONS ACT AND 2012 COUNTY GENERAL PROPERTY TAX RATES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in accordance with the provisions of Public Act 139 of 1973, the Unified Form of County Government Act, and Public Act 621 of 1978 (as amended by P.A. 493 of 2000), the Uniform Budgeting and Accounting Act for Local Government, it is the responsibility of the Oakland County Board of Commissioners to establish and adopt the annual County Budget and work program; and WHEREAS the Finance Committee received budget requests from all County Departments, and has reviewed in detail the County Executive's Fiscal Year 2012 Budget Recommendation; and WHEREAS the Finance Committee, after due deliberation, has formulated a Recommended General Appropriations Act balancing total appropriations with available resources at $796,178,345 for Fiscal Year 2012, a summary of which was included in the Notice of Public Hearing published in newspapers of general circulation; and WHEREAS the further intent of this resolution is to maintain a budgetary system for the County of Oakland on the same basis of accounting (generally accepted accounting principles) as the actual financial information is maintained; to define the powers and duties of the County's officers in relation to that system; to designate the Chief Administrative Officer and Fiscal Officer; and to provide that the Board of Commissioners and committees thereof, as well as the Fiscal Officer, shall be furnished with Commissioners Minutes Continued. September 22, 2011 516 information by the departments, boards, commissions and offices relating to their financial needs, revenues and expenditures/expenses, and general affairs; to prescribe a disbursement procedure, to provide for an allotment system; and to provide remedies for refusal or neglect to comply with the requirements of this resolution; and WHEREAS the Circuit Court Mediation Fund (Miscellaneous Resolution #90177) is used to cover the total cost of Attorney Mediators, with the balance to be used for enhancement of Court operations as requested by the Court and approved by the Board of Commissioners; and WHEREAS the Board of Commissioners supports the concept of cultural diversity training for Oakland County employees and requires all supervisory, division manager and director level employees to attend cultural diversity training. NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners does hereby adopt and amend the Fiscal Year 2012 General Appropriations Act recommended by the Finance Committee as advertised and placed in the Clerk's Office for public inspection. BE IT FURTHER RESOLVED that $200,000 of Cigarette Tax Revenue distributed by the State to Oakland County under the authority of the Health and Safety Fund Act, P.A. 264 of 1987, be divided between the Health Division (12/17 or $142,000) and the Sheriff's Department (5/17 or $58,000). BE IT FURTHER RESOLVED that funds from the Civil Mediation Account (10100-240201) be utilized to cover the total costs incurred in Fiscal Year 2012 for the Civil Mediation Program. BE IT FURTHER RESOLVED that the following policy be established regarding administration of the Delinquent Tax Revolving Fund: 1) The Delinquent Tax Revolving Fund (DTRF) was established in accordance with the provisions of Public Act 206 of 1893 (as amended) for the purpose of paying local taxing units within the County their respective shares of delinquent ad valorem real property taxes, in anticipation of the collection of those taxes by the County Treasurer. This policy statement, which encompasses the precept of self-funding, ensures that utilization of unrestricted DTRF funds does not impair the functional intent or operational success of the DTRF as originally established. 2) To that end, at no time shall funds be diverted from the DTRF that would cause the unrestricted balance to fall below a level that would assure a prompt payment of all current and future outstanding General Obligation Limited Tax Notes, as well as assure the continued operation of the DTRF as specified in the preceding paragraph. 3) Penalties and investment interest generated by the DTRF may be transferred, in whole or in part, to the General Fund of the County upon majority vote of the Board of Commissioners so long as such transfer(s) meets the provisions of paragraph #2 above. 4) Any and all appropriations from unrestricted DTRF funds, excepting penalties and investment interest, shall be limited to one-time expenditures, as opposed to recurring operations. 5) Unless otherwise specified, appropriations from the DTRF shall be considered long - or short- term advances (with specific time frames detailed in the authorizing resolution), to be repaid with interest as specified below. 6) Any appropriations from unrestricted DTRF funds, excepting penalties and investment interest, not considered advances to be repaid within a time certain shall require a two-thirds majority vote of the Board of Commissioners. 7) All appropriations from unrestricted DTRF funds considered to be advances to be repaid within a time certain shall require a majority vote of the Board of Commissioners. 8) Terms and conditions of any and all advances from the DTRF shall be specified in the authorizing resolution, including interest obligations detailed as follows: a. Interest on each payment will be based on the average monthly rate paid during the term of the agreement by the agent of the DTRF for that year's outstanding borrowing, or b. In the event no borrowing occurs for the DTRF, principal and interest payments will be made in accordance with the previously established "Loan of County Funds Policy" (Miscellaneous Resolution #89276) which requires Board approval of repayment terms at an interest rate no less than the prevailing six-month Treasury Bill rate and that such rates shall be computed and compounded quarterly. BE IT FURTHER RESOLVED that $23,150,000 in DTRF interest earnings will be transferred to the General Fund to support General Fund/General Purpose activities. BE IT FURTHER RESOLVED that an indirect cost charges will be billed by the General Fund to the DTRF, in accordance with Oakland County’s approved Central Services Indirect Cost Allocation Plan. Commissioners Minutes Continued. September 22, 2011 517 BE IT FURTHER RESOLVED that $1,450,000 (or one-half of the $2,900,000 convention facility tax revenues distributed by the State to Oakland County under the authority of the State Convention Facility Development Act, P.A. 106 of 1985, be earmarked for substance abuse programs. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners, in accordance with the requirements of Public Act 214 of 1899, as amended, authorizes that .0004 mills Current Property Tax Levy be designated for the purpose of funding Veterans' Services Soldier Relief. BE IT FURTHER RESOLVED that each Supervisor of the various townships and Assessing Officers of the several cities of Oakland County are authorized and directed to spread on their respective township of city tax rolls for the year 2012 a County General Property Tax Levy of 4.1900 Mills to be applied to the 2012 Taxable Value of all property located within their respective jurisdictions. BE IT FURTHER RESOLVED that the Manager - Equalization perform the function of Equalization Director including the examination of the assessment rolls of the several townships and cities within Oakland County to ascertain whether the real and personal property in the respective townships and cities has been equally and uniformly assessed at 50% of true cash value and to make recommendation to that fact to the County Board of Commissioners. BE IT FURTHER RESOLVED that: 1. The County Executive is hereby designated the Chief Administrative Officer of the County of Oakland and, further, that the Director of Management and Budget shall perform the duties of the Fiscal Officer as specified in this resolution. 2. The Fiscal Officer shall provide an orientation session and written instructions for preparing department budget requests. These instructions shall include information that the Fiscal Officer determines to be useful and necessary to assure that the budgetary estimates of the agencies are prepared in a consistent manner and the needs of the Board of Commissioners and Committees are met. 3. Any offices, departments, commissions and boards of the County of Oakland financed in whole or in part by the County of Oakland shall transmit to the Fiscal Officer their estimates of the amounts of money required for each activity in their respective agencies, as well as their estimate of revenues that will be generated from charges for services. They shall also submit any other information deemed relevant by the Fiscal Officer and/or the Board of Commissioners and committees thereof. 4. The Fiscal Officer shall prescribe forms to be used by the offices, departments, commissions and boards of the County of Oakland in submitting their budget estimates and shall prescribe the rules and regulations the Fiscal Officer deems necessary for the guidance of officials in preparing such budget estimates. The Fiscal Officer may require that the estimates be calculated on the basis of various assumptions regarding level of service. The Fiscal Officer may also require a statement for any proposed expenditure and a justification of the services financed. 5. The Fiscal Officer shall prepare estimates of revenue for each budgeted fund, classified to show in detail the amount expected to be received from each source. Estimates of expenditures and revenues shall also be classified by character, object, function and activity consistent with the accounting system classification. 6. The Fiscal Officer shall review the agency estimates with a representative from each agency of the County of Oakland that has submitted such estimates. The purpose of the review shall be to clarify the estimates, ensure the accuracy, and to determine their adherence to the policies previously enumerated by the Fiscal Officer and the Board of Commissioners or committees thereof as herein required. 7. The Fiscal Officer shall consolidate the estimates received from the various agencies together with the amounts of expected revenues and shall make recommendations relating to those estimates which shall assure that the total of estimated expenditures including an accrued deficit does not exceed the total of expected revenues including an unappropriated surplus. 8. The recommended budget shall include at least the following: (a) Expenditure data for the most recently completed fiscal year and estimated expenditures, or amended budget, for the current fiscal year, (b) An estimate of the expenditure amounts required to conduct, the government of Oakland County, including its budgetary centers, (c) Revenue data for the most recently completed fiscal year and estimated revenues, or amended budget, for the current fiscal year, Commissioners Minutes Continued. September 22, 2011 518 (d) An estimate of revenues, by source, to be raised or received by Oakland County in the ensuing fiscal years, (e) The amount of surplus or deficit from prior fiscal years, together with an estimate of the amount of surplus or deficit expected in the current fiscal year, (f) An estimate of the amount needed for deficiency, contingent or emergency purposes and the amounts needed to pay and discharge the principal and interest of the debt of Oakland County due in the ensuing fiscal years, (g) The amount of proposed capital outlay expenditures, except those financed by enterprise, capital projects, or internal service funds, including the estimated total costs and proposed method of financing of each capital construction project and the projected additional annual operating cost and the method of financing the operating costs of each capital construction project for three (3) years beyond the fiscal year covered by the budget, (h) An informational summary of projected revenues and expenditures/expenses of any capital projects, internal service, and enterprise funds, (i) A comparison of the revenue and expenditure amounts in the recommended budget to the most recently approved budget adopted by the Board of Commissioners with appropriate explanation of the variances, (j) Any other data relating to fiscal conditions that the Fiscal Officer or the Board of Commissioners or committees thereof consider to be useful in evaluating the financial needs of the County. 9. Not less than ninety (90) days before the next succeeding fiscal year, the County Executive shall transmit the recommended budget to the County Board of Commissioners. The recommended budget shall be accompanied by: (a) A proposed general appropriations measure, consistent with the budget, which shall set forth the anticipated revenue and requested expenditure/expense authority in such form and in such detail deemed appropriate by the Board of Commissioners or committees thereof. No appropriations measure shall be submitted to the Board of Commissioners in, which estimated total expenditures/expenses, including an accrued deficit, exceed estimated total revenues, including an available surplus. (b) A budget message which shall explain the reasons for increases or decreases in budgeted items compared with the current fiscal year, the policy of the County Executive as it relates to important budgetary items, and any other information that the County Executive determines to be useful to the Board of Commissioners in its consideration of proposed appropriations. (c) A comparison of the recommended budget to the most recently approved current year budget, together with an analysis and explanation of the variances there from, such variances being divided to show the portion attributable to the current year budget amendments and the portion resulting from the recommended budget. 10. The County Board of Commissioners, or any committee thereof, may direct the County Executive and/or other elected officials to submit any additional information it deems relevant in its consideration of the budget and proposed appropriations measure. The Board of Commissioners or the committees thereof may conduct budgetary reviews with the Fiscal Officer, and/or County departments and divisions or agencies, etc., for the purpose of clarification or justification of proposed budgetary items. 11. The County Board of Commissioners may revise, alter, or substitute for the proposed general appropriations measure in any way, except that it may not change it in a way that would cause total appropriations, including an accrued deficit, to exceed total estimated revenues, including an unappropriated surplus. An accrued deficit shall be the first item to be resolved in the general appropriations measure. 12. The County Board of Commissioners shall fix the time and place of a public hearing to be held on the budget and proposed appropriations measure. The Clerk/Register shall then have published, in a newspaper of general circulation within the County of Oakland, notice of the hearing and an indication of the place at which the budget and proposed appropriations measure may be inspected by the public. This notice must be published at least seven days before the date of the hearing. 13. No later than September 30, the Board of Commissioners shall pass a general appropriations measure providing the authority to make expenditures and incur obligations on behalf of the Commissioners Minutes Continued. September 22, 2011 519 County of Oakland. The supporting budgetary data to the general appropriations measure shall include at least the following: (a) Expenditure data for the most recently completed fiscal year, (b) The expenditures budget as originally adopted by the Board of Commissioners for the current fiscal year, (c) The amended current year appropriations, (d) An estimate of the expenditure amounts required to conduct, the government of Oakland County, including its budgetary centers, (e) Revenue data for the most recently completed fiscal year and estimated revenues, or amended budget, for the current fiscal year, (f) Budgeted revenue estimates as originally adopted by the Board of Commissioners for the current fiscal year, (g) The amended current year Budgeted revenues, (h) An estimate of revenues, by source, to be raised or received by Oakland County in the ensuing fiscal year, (i) The amount of surplus or deficit from prior fiscal years, together with an estimate of the amount of surplus or deficit expected in the current fiscal year, (j) An estimate of the amount needed for deficiency, contingent on emergency purposes, and the amounts needed to pay and to discharge the principal and interest of the debt of Oakland County due in the ensuing fiscal year, (k) The amount of proposed capital outlay expenditures, except those financed by enterprise, capital project, or internal service funds, including the estimated total costs and proposed method of financing of each capital construction project and the projected additional annual operating cost and the method of financing the operating costs of each capital construction project for three (3) years beyond the fiscal year covered by the budget, (l) An informational summary of projected revenues and expenditures/expenses of capital projects, internal service, and enterprise funds, (m) Any other data relating to fiscal conditions that the Board of Commissioners considers to be useful in considering the financial needs of the County, (n) Printed copies of the Board of Commissioners Adopted Budget, Financial Plan or any facsimile thereof shall contain all of the above data unless otherwise approved by the Board of Commissioners, 14. The Board of Commissioners may authorize transfers between appropriation items by the County Executive or Fiscal Officer within limits stated in the appropriations measure. In no case, however, may such limits exceed those provided for in paragraph #22 and #23 of this resolution. 15. A deviation from the original general appropriations measure shall not be made without first amending the general appropriations measure through action by the Board of Commissioners, except within those limits provided for in paragraph #16 of this resolution. 16. Appropriations accumulated at the following three summary levels of expenditure within each County Department will be deemed maximum authorization to incur expenditures: Personnel Expenditures, Operating Expenditures, and Internal Support Expenditures. The County Executive or the Fiscal Officer shall exercise supervision and control of all budgeted expenditures within these limits, holding expenditures below individual line-item appropriations or allowing overruns in individual line-items providing that at no time shall the net expenditures exceed the total appropriation for Personnel and Operating Expenses, respectively, for each department as originally authorized or amended by the Board of Commissioners. Further, Personnel Expenses are authorized only for positions specifically authorized pursuant to this Act as adopted and amended by Board of Commissioner resolution, and appropriated overtime, holiday overtime, on- call pay, shift premium summer help, emergency salaries, and any adjustments required by collective bargaining agreements. The Fiscal Officer shall submit to the Finance Committee a quarterly listing of new governmental funded appropriations and internal service fund line items created administratively which were not properly classifiable. Line-item detail, division, unit or cost center detail and allotments, which provide a monthly calendarization of annual appropriations, as deemed necessary by the Fiscal Officer shall be maintained and utilized as an administrative tool for management information and cost control. The Fiscal Officer shall not approve any expenditure beyond that necessary to accomplish stated program or work objectives Commissioners Minutes Continued. September 22, 2011 520 authorized in the general appropriation measure as originally approved unless amended, in which case the amendment takes precedence. 17. In order to amend the General Appropriations Act the amendment must specifically identify the fund, department, division, unit, program and account affected by the amendment. Additionally, if the amendment increases an appropriation, the source of funding for that additional appropriation, whether an increase in revenue or an offsetting decrease in expenditure, must be presented as part of the amendment. 18. The Fiscal Officer shall maintain, for all budgeted funds, appropriation ledger accounts in which are to be recorded such expenditure encumbrances and obligations for the future payment of appropriated funds as the Fiscal Officer may approve. 19. Each purchase order, voucher or contract of Oakland County shall specify the funds and appropriation designated by number assigned in the accounting system classification from which it is payable and shall be paid from no other fund or appropriation. The necessary amount of the appropriation from such account shall be transferred pursuant to the provisions of this resolution to the appropriate general appropriation account and the expenditure then charged thereto. 20. No obligation shall be incurred against, and no payment shall be made from, any appropriation account unless there is a sufficient unencumbered balance in the appropriation and sufficient funds are or will be available to meet the obligation. All capital projects funded from the Capital Improvement Fund shall require approval of the Board of Commissioners on recommendation of the appropriate liaison committee (Planning and Building Committee) prior to initiation of the project. Any obligation incurred or payment authorized in violation of this resolution shall be void and any payment so made illegal except those otherwise ordered by court judgment or decree. 21. The Fiscal Officer, after the end of each quarter, shall transmit to the Board of Commissioners a report depicting the financial condition of budgeted operations, including, but not limited to: (a) A forecast of actual revenues by major source compared with budgeted revenues accompanied by an explanation of any significant variances, (b) A forecast of actual expenditures and encumbrances by department compared with authorized appropriations accompanied by an explanation of any significant variances, and (c) A forecast of actual expenditures, encumbrances and transfers from each of the several non-departmental appropriations accounts compared with authorized appropriations accompanied by an explanation of any significant variances. 22. Direct expenditure and/or transfers of any unencumbered balance or any portion thereof in any appropriation for transfer account to any other appropriations account may not be made without amendment of the general appropriation measure as provided for in this resolution, except that transfers within and between budgeted funds and departments may be made by the Fiscal Officer in the following instances: (a) Transfers may be made from the non-departmental overtime account and fringe benefit adjustment account to the appropriate departmental budget as specific overtime requests are reviewed and approved by the Fiscal Services Division. Additionally, overtime appropriations may be transferred between divisions within a department at the request of the Department Head, if authorized by the Fiscal Officer or his designee. (b) Transfers may be made from the non-departmental appropriation accounts for Maintenance Department Charges and Miscellaneous Capital Outlay to the appropriate departmental budget as specific requests for these items are reviewed and approved by the Fiscal Officer. (c) Transfers may be made from the non-departmental appropriation accounts Emergency Salaries and Summer Help as specific requests for these items are reviewed and approved by the Human Resources Department. (d) Transfers may be made from salary and fringe benefit savings, resulting from use of Merit System Administrative Leave without Pay provisions, from departmental budgets to a non-departmental Administrative Leave account. Quarterly reports identifying such transfers and detailing the status of the non-departmental Administrative Leave account shall be provided to the appropriate Board committees. (e) Fringe benefit rates shall be established annually in the budget process to charge all General Fund/General Purpose, Special Revenue and Proprietary funds for actual employer fringe benefit costs. Such rates shall be sufficient to meet all fringe benefit costs including sick leave and annual leave accumulations, tuition reimbursement, employee training, retirees medical, Commissioners Minutes Continued. September 22, 2011 521 required debt service on the Intermediate Retiree Medical Benefit Trust established pursuant to Miscellaneous Resolution #07147, and retirement administration. All funds collected for Retirement, Tuition Reimbursement, Social Security (FICA), Medical for active and retired employees, Disability, Dental, Optical, and Life and Accident Insurance shall be transferred to the Employee Fringe Benefit Fund as established by Miscellaneous Resolution #81-312. Sufficient funds shall be maintained in the Employee Fringe Benefit Fund liability account for sick leave and annual leave to cover the accumulated liability at an amount equal to 50% of the sick leave accumulation and 100% of the annual leave accumulation, including applicable Social Security (FICA) taxes thereon. All funds collected by Workers' Compensation and Unemployment Compensation shall be transferred to the Fringe Benefit Fund as established by Miscellaneous Resolution #81-012 and modified by Miscellaneous Resolution #96-024. (f) The transfer of funds to the Capital Improvement Fund and Building Fund shall not be made prior to September 30, without approval from the Finance Committee of the Board of Commissioners. (g) Transfers (advances) may be made as necessary from the Drain Revolving Fund to Drain Construction Funds and Drain Maintenance Funds as short term advances for costs incurred such as preliminary engineering fees and ongoing maintenance costs. Costs incurred by Drain Maintenance Funds and Drain Construction Funds will be repaid by the Drain Fund through assessments. Specific requests will be reviewed and approved by the Fiscal Officer. (h) A transfer of any or all of the appropriation allocated under the Non-Departmental account for Legislative Expense (#10100-9090101-196030-731080) shall not be made to any departmental budget without adoption of an Oakland County Board of Commissioners resolution. 23. The Board of Commissioners may make supplemental appropriations by amending this general appropriations measure as provided by this resolution, provided that revenues in excess of those anticipated in the original general appropriations measure become available due to: (a) An unobligated surplus from prior years becoming available; (b) Current year revenue exceeding original estimate in amounts sufficient enough to finance increased appropriations. The Board of Commissioners may make a supplemental appropriation by increasing the dollar amount of an appropriation item in the original general appropriations measure or by adding additional items. At the same time the estimated amount from the source of revenue to which the increase in revenue may be attributed shall be increased, or other source and amount added in a sum sufficient to equal the supplemental expenditure amount. In no case may such appropriations cause total estimated expenditures, including an accrued deficit, to exceed total estimated revenues, including an unappropriated surplus. 24. Whenever it appears to the County Executive or the Board of Commissioners that actual and probable revenues in any fund will be less than the estimated revenues upon which appropriations from such fund were based, the County Executive shall present to the Board of Commissioners recommendations which, if adopted, will prevent expenditures from exceeding available revenues for the current fiscal year. Such recommendations shall include proposals for reducing appropriations, increasing revenues, or both. After receiving the recommendations of the County Executive for bringing appropriations into balance with estimated revenues, the Board of Commissioners shall amend the general appropriations measure to reduce appropriations or shall approve such measures necessary to provide revenues sufficient to equal appropriations, or both. 25. All appropriations are annual and the unexpended portion shall lapse at year-end. Encumbrances and appropriations carried forward shall be recorded as a designated fund balance, and the subsequent year's budget amended to provide authority to complete these transactions. Appropriations shall not be carried forward for more than six (6) months into the budget year following the year in which they were originally appropriated. A status report on Appropriations Carried Forward, as required by Miscellaneous Resolution #93-156, will be incorporated as an integral part of the ensuing year's Second Quarter Financial Forecast for the purposes of determining their continuation for the remainder of the year. The recommended year-end budget amendment shall be supported with a statement of revenues and expenditures and operating surplus or deficit which shall contain the following data: (1) budget as adopted; (2) budget Commissioners Minutes Continued. September 22, 2011 522 amendments; (3) budget as adjusted; (4) revenues and expenditures, operating surplus or deficit; (5) accrued revenue and expenditures; (6) transfers; (7) total revenues and expenditures and transfers, operating surplus or deficit, including accruals and transfers; (8) encumbrances; (9) appropriations carried forward; (10) total revenues and appropriations utilized, operating surplus or deficit, including encumbrances and appropriations carried forward; (11) balance of revenues not collected, unencumbered appropriation balance, operating surplus or deficit; (12) detail of adjustments to designated and undesignated fund balance, detail of adjustment to reserves and/or any other utilization of surplus; (13) final surplus or deficit or undesignated fund balance carried forward to the subsequent year's budget. 26. A member of the Board of Commissioners, the County Executive, any elected officer, the Fiscal Officer, any other administrative officer or employee of Oakland County shall not: (1) create a debt, incur a financial obligation on behalf of the County against an appropriation account in excess of the amount authorized, (2) apply or divert money of the County for purposes inconsistent with those specified in this general appropriations measure as approved and amended by the Board of Commissioners, nor (3) forgive a debt or write off an account receivable without appropriate authorization of the Board of Commissioners, as described in Miscellaneous Resolution #93-135. Specifically, application of the foregoing Bad Debt Write Off Policy shall be invoked for all amounts in excess of $1,000; transactions of a lesser amount shall be considered within the administrative authority of the Fiscal Officer. Furthermore, the Fiscal Services Division must submit to the Board of Commissioners, as part of the quarterly financial report, a listing of all bad debt write offs occurring during the preceding three months. In addition, transactions relating to Inmate Prisoner Billings which are billed in excess of ability to pay, as determined by the Fiscal Services Division, are hereby authorized to be adjusted in accordance with Public Act 212 of 1994 with the resultant amount of the write-off subsequently reported to the Board of Commissioners as part of the Quarterly Financial Report. Also, within the administrative authority of the Fiscal Officer and with the general approval of the Court, Circuit Court and Probate Court financial orders for $2,500 or less may be reduced and amended by the Fiscal Services Division based on an individual’s ability to pay. Waiver of fees in excess of $2,500 shall require the approval of the Court. Except as otherwise stated in the General Appropriations Act, funds shall not be expended without specific appropriation or other appropriate action by the Board of Commissioners from reserved, designated or undesignated fund equity; from balance sheet accounts for the purchase of fixed assets not cited in paragraph 26 of the General Appropriations Act, non-routine prepaid items or non-routine obligations related to a specific appropriation; or from funds not budgeted. 27. All Internal Service Fund budgets that have depreciable assets shall have a capital budget with detail supporting the amount of annual depreciation therein included, as well as a fiscal plan for replacing, upgrading or disposing of those assets. 28. The budgetary system shall be maintained on the same basis of accounting (generally accepted accounting principles) as the actual financial information is maintained. 29. Any violation of the general appropriations measure by the County Executive, the Fiscal Officer, any administrative officer, employee or member of the Board of Commissioners detected through application of generally accepted accounting procedures utilized by Oakland County or disclosed in an audit of the financial records and accounts of the County shall be filed with the State Treasurer and reported by the State Treasurer to the Attorney General. Pursuant to Public Act 621 of 1978, the Uniform Budgeting Act, the Attorney General shall review the report and initiate appropriate action against the person or persons in violation. For use and benefit of the County of Oakland, the Attorney General or Prosecuting Attorney may institute a civil and/or criminal action in a court of competent jurisdiction for the recovery of County funds disclosed by an examination to have been illegally expended or collected as a result of malfeasance, and for the recovery of public property disclosed to have been converted or misappropriated. 30. The provisions of this act shall be applied to the General Fund and all Special Revenue and Proprietary Funds of the County, including Enterprise Funds and Internal Service Funds. BE IT FURTHER RESOLVED that as a condition of appropriation to a Community Mental Health Authority, the Community Mental Health Authority shall submit to an annual performance audit by an entity to be selected by the Board of Commissioners with the parameters of said annual performance audit to be determined by the County’s Audit Committee. Commissioners Minutes Continued. September 22, 2011 523 FINANCE COMMITTEE Copy of Oakland County Michigan Finance Committee Fiscal Year 2012 – Fiscal Year 2014 Recommended Budget and General Appropriations Act Incorporated by Reference. Original on file in County Clerk’s office. Moved by Middleton supported by Zack the resolution be adopted. Moved by Middleton supported by Zack the Human Resources Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Discussion followed. Moved by Woodward supported by Nash the resolution be amended as follows: BE IT FURTHER RESOLVED that the FY 2012-2013 County Executive Recommended Budget be amended to include an additional $85,000 to pay for the salary and benefits of an additional veteran counselor, to be paid for out of the budget favorability in FY 2011. BE IT FURTHER RESOLVED that the FY 2012-2013 County Executive Recommended Budget be amended to include an additional $100,000 to pay for the salary and benefits and operations of an additional Youth Assistance case worker for FY 2012, to be paid for out of the budget favorability in FY 2011. BE IT FURTHER RESOLVED that the FY 2012-2014 County Executive Recommended Budget be amended to include an additional $500,000 Designation in FY 2012 (for a total appropriation of $1.5 million) to the Tri-Party Road Improvement Program designated fund balance, to be paid for out of the budget favorability in FY2011. BE IT FURTHER RESOLVED that the FY 2012-2014 County Executive Recommended Budget be amended to include a $250,000 Designation in FY 2012 to provide seed funding for the creation of the Oakland County Land Bank, to be paid for out of the budget favorability in FY 2011. Discussion followed. Chairperson Michael Gingell declared a brief recess. Chairperson Michael Gingell called the Board back to order. Discussion followed. A sufficient majority having not voted in favor, the amendment failed. Discussion followed. Moved by Woodward supported by Covey the resolution be amended as follows: BE IT FURTHER RESOLVED that the FY 2012-2013 County Executive Recommended Budget be amended to include an additional $25,000 to pay for the piloting an EBT program at the Oakland County Farmers’ Market, to be paid for out of the budget favorability in FY 2011. Discussion followed. A sufficient majority having not voted in favor, the amendment failed. Discussion followed. Commissioners Minutes Continued. September 22, 2011 524 Moved by Runestad supported by Scott to call the question and vote on the resolution as it stands. AYES: Greimel, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic, Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolution, as it stands, was before the Board. Discussion followed. Vote on resolution, as it stands: AYES: Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic, Covey, Crawford, Dwyer Gershenson, Gingell, Gosselin, Greimel. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolution, as it stands, was adopted. Commissioner Middleton addressed the Board to thank all Commissioners. Chairperson Michael Gingell addressed the Board to thank the Board of Commissioners and the Budget and Management Staff for their work on the budget process. MISCELLANEOUS RESOLUTION #11228 BY: Commissioner Craig Covey, District #25 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR FRAC ACT, H.R. 1084/S. 587 AND BREATHE ACT, H.R. 1204 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the hydraulic fracturing (fracking) for natural gas involves the use of chemicals and hazardous materials during construction, drilling, hydraulic fracturing, gas production and delivery, well maintenance, and work over operations; and WHEREAS hydraulic fracturing of underground geologic formation is often accomplished by injecting a complex mix of fluids and chemicals, including large volumes of water, on average 4.5 million gallons per well, under very high pressure to create fractures in gas bearing geologic formations; and WHEREAS many of the chemical constituents injected during hydraulic fracturing have documented adverse health effects and/or adverse environmental impacts; and WHEREAS there have been more than a 1,000 documented cases of water contamination near fracking sites; some people who live near these sites can now light their drinking water on fire; and WHEREAS wastewater from fracking can contain radioactive elements and has been discharged into rivers that supply drinking water for millions, according to the New York Times; and WHEREAS use of these hydraulic fracturing mixes exposed adjacent land and surface waters to the risk of contamination through open pit storage, truck transport on roadways, and activities during well development; and WHEREAS the pollution of water caused by fracking threatens the long term economic well-being of communities, as businesses and consumers depend on clean drinking water; and WHEREAS in 2005, as part of the federal Energy Policy Act and over objections of health care, scientific, environmental, and conservation communities, regulation of hydraulic fracturing fluids under the Safe Drinking Water Act by the Environmental Protection Agency was exempted, thereby allowing oil and gas companies to use these substances without federal oversight or standards; and WHEREAS the oil and gas industry is not required by federal law to publicly disclose chemical formulas of hydraulic fracturing fluids so that this information is publicly available for health and safety purposes; and WHEREAS Former President George W. Bush’s EPA point person on water now admits fracking should never have been exempted from regulation; and Commissioners Minutes Continued. September 22, 2011 525 WHEREAS the Fracturing Responsibility and Awareness of Chemicals Act (FRAC Act), which is currently pending in Congress, would repeal the fracking exemption to the Safe Drinking Water Act and require disclosure of chemicals used in fracking; and WHEREAS the Bringing Reductions to Energy’s Airborne Toxic Health Effects Act (BREATHE Act), which is currently pending in Congress, would repeal the exception to the Clean Air Act for aggregation of emissions from oil and gas development sources; and WHEREAS the wise stewardship of our natural resources involves protection of Oakland County’s water supplies and water resources for generations to come; and WHEREAS protection of Oakland County’s water supplies and resources is better accomplished by prevention of contamination and environmental degradation, rather than attempting cleaning up contamination and restoring degraded environments after the fact; and NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports a statewide moratorium on the issuance of new permits for the extraction of natural gas using hydraulic fracturing until adequate environmental studies are completed regarding the potential risks of hydraulic fracturing to our natural resources including local water supplies within the State of Michigan and until regulations and safeguards are in place to fully protect our state’s water supply and environment from such operations. BE IT FURTHER RESOLVED that a copy of this resolution with cover letter be sent to our county’s state representatives and state senators in Lansing, the Governor, and to our national members of Congress. Chairperson, we move the adoption of the foregoing resolution. CRAIG COVEY, JIM NASH, MATTIE HATCHETT, JANET JACKSON, DAVE WOODWARD, MARCIA GERSHENSON The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #11229 BY: Commissioners Jim Nash, District #15; Gary McGillivray, District #24; Janet Jackson, District #21; Marcia Gershenson, District #17 IN RE: BOARD OF COMMISSIONERS – CREATION OF THE VETERANS’ SERVICES ADVISORY COUNCIL FOR OAKLAND COUNTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County has a large population of United States Military veterans, from current conflicts and past, and a large number of families of service members still deployed overseas; and WHEREAS veterans as a group have made great sacrifices for our nation and we have moral and practical responsibilities to serve their needs on return and, as they age, help with their changing needs throughout life; and WHEREAS veterans in Oakland County and across the nation are more likely than the general population to suffer stress and depression, attempt suicide, have serious health issues and disabilities, have housing issues, and far too many are involved in the criminal justice system; and WHEREAS nationally the unemployment rate among veterans is alarmingly high; especially among former soldiers who have often learned a highly technical skill in the modern military and possess a strong sense of collaboration and discipline developed through the service they have given all of us; and WHEREAS all the issues listed above also affect the families of veterans and those of service members still deployed on foreign missions; and WHEREAS veterans and the families of currently deployed soldiers who reside in Oakland County are due our respect and the most effective and efficient system of care possible, including helping families of those serving make re-entry into civilian life easier for newly returned soldiers, and helping those who served in past conflicts who need help now; and WHEREAS our county human service agencies, veteran organizations and advocates, county, state and federal veteran agencies, religious institutions and interested citizens are currently working on organizing and publicizing a more collaborative and effective system of care for our veteran population; and Commissioners Minutes Continued. September 22, 2011 526 WHEREAS a very effective way to coordinate those efforts lies with a county-wide advisory council of appointed representatives to give a broad range of perspectives and the opportunity for all our communities to have a voice in how we serve our veterans. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby establishes a Veterans’ Services Advisory Council for Oakland County. BE IT FURTHER RESOLVED that the Veterans’ Services Advisory Council for Oakland County may conduct public forums, study ways to support veteran access to services, publicize services and events for veterans, and shall report their findings and recommendations, for county policy and future efforts, to the Oakland County Board of Commissioners on or before the last scheduled Board of Commissioners’ meeting of 2012. BE IT FURTHER RESOLVED that the Veterans’ Services Advisory Council for Oakland County shall meet monthly, with additional meetings to be determined as need arises by the Council in its work, to conduct the business of the Council. BE IT FURTHER RESOLVED that the membership of the Veterans’ Services Advisory Council for Oakland County shall consist of 25 members, each serving a term ending December 31, 2012. BE IT FURTHER RESOLVED that the 25 representatives will each be appointed by their respective Oakland County Commissioner for that term. Each appointed person must reside in the district that their County Commissioner represents and serves at the pleasure of the appointing County Commissioner. Each appointee shall be an honorably discharged veteran (documentation required), or civilian directly involved with veteran services. BE IT FURTHER RESOLVED that the Oakland County Executive may appoint an ex-officio member to the Veterans’ Services Advisory Council for a term ending December 31, 2012. The ex-officio member shall not have voting rights on the commission. This ex-officio member appointed by the County Executive should be a veteran, if possible. BE IT FURTHER RESOLVED that two (2) Oakland County Commissioners may serve as ex-officio members, one (1) from each party caucus, to be recommended by the General Government Committee to the full Board of Commissioners for appointment for a term ending December 31, 2012. These ex-officio members shall not have voting rights on the commission. These ex-officio members should be veterans, if possible. BE IT FURTHER RESOLVED that the head of Oakland County Veteran Services, or its representative, shall also be appointed as an ex-officio member of the Veterans’ Advisory Council to better coordinate both the functions and duties of the council with said office. This representative shall have no voting powers. BE IT FURTHER RESOLVED that the Veterans’ Services Advisory Council of Oakland County is subject to federal, state and county laws, rules and regulations on lobbying, open meetings, use of public monies for political purposes, standard of conduct and ethics. BE IT FURTHER RESOLVED that members of the Veterans’ Services Advisory Council of Oakland County serve as volunteers and shall not be compensated and they will receive no funding from the County of Oakland. BE IT FURTHER RESOLVED that the Veterans’ Services Advisory Council of Oakland County may accept funds, including gifts, donations, grants or any federal, state or local funds for purposes relating to its work. The acceptance of any state, federal and/or local funds by the Veterans’ Services Advisory Council commits no Oakland County funds and places no obligation upon Oakland County to continue the purposes for which the funds are made available. BE IT FURTHER RESOLVED that the purpose of the Veterans’ Services Advisory Council of Oakland County shall be to survey the needs of veterans and the families of those deployed in Oakland County, develop a system of care, develop a public education campaign and report to the Oakland County Board of Commissioners the results of their work. To this end the Veterans’ Services Advisory Council shall: 1. Enact bylaws for its own governance, under rules set forth by the Michigan Open Meetings Act and all other federal, state and county laws. 2. Hold public meetings, fact-finding hearings and public events and disseminate information to the Oakland County Board of Commissioners, the County Executive, public agencies and the public. 3. Use voluntary services, donations, gifts or grants of private individuals, agencies and organizations, which may be offered and needed from time to time. 4. Collaborate with and obtain public information from county departments and other governmental, human services, veteran and other private organizations. Commissioners Minutes Continued. September 22, 2011 527 5. Provide a report to the Oakland County Board of Commissioners and County Executive on or before the last Board of Commissioners’ meeting of the 2012 calendar year. Chairperson, we move the adoption of the foregoing resolution. JIM NASH, GARY MCGILLIVRAY, JANET JACKSON, NANCY QUARLES, TIM GREIMEL, HELAINE ZACK, MARCIA GERSHENSON, CRAIG COVEY, MATTIE HATCHETT, DAVE WOODWARD The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #11230 BY: Commissioner Jim Nash, District #15 IN RE: BOARD OF COMMISSIONERS – URGING MICHIGAN LEGISLATURE TO OPPOSE ELIMINATING MICHIGAN’S AUTOMOBILE NO-FAULT INSURANCE SYSTEM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Constitutional duty of government is to protect the Health and Welfare of its citizens; and WHEREAS Michigan’s No-Fault Automobile Insurance system does just that by protecting individuals who have suffered traumatic injuries from auto accidents, thus ensuring they have the expert medical care they need to recover, receive long-term care if necessary and live fulfilling lives; and WHEREAS former Governor William Milliken signed Michigan’s No-Fault Auto Insurance Act in 1973, to ensure accident victims receive due care, reduce litigation and ensure fair insurance premiums. This has resulted in Michigan ranking 50th in auto accident litigation and first in care for auto accident victims; and WHEREAS the No-Fault Automobile Insurance Act is model legislation because it protects citizens’ health at minimal costs, by supporting needed medical care and in-home care for the life of the injured individual; and WHEREAS this coverage includes emergency airlift from the accident site, all emergency and surgical medical care, rehabilitation, home modifications, motorized wheelchairs and 24 hour home nursing care for as long as reasonably necessary; and WHEREAS the cost to policyholders for this catastrophic coverage is currently $12 a month, for coverage that pays reasonable and appropriate benefits to auto accident victims that last a lifetime; and WHEREAS legislation has been introduced in Lansing, House Bill 4936, to eliminate the comprehensive coverage and limit coverage to a maximum of $5 million and a minimum of $250,000, depending on what an individual would purchase, often without understanding the consequences; and WHEREAS there are many Oakland County residents, and their families, who are currently benefitting, or would in the future, from this program because of auto accidents and who would be directly affected if the current law is changed; and WHEREAS significant numbers of Oakland County medical and rehabilitation businesses that serve accident victims who are covered under this law would suffer income loss and could be forced to lay-off employees or even close up entirely if this reform passes; and WHEREAS even the legislation’s sponsor, Rep. Pete Lund, could not say what the cost savings would be for the average citizen’s insurance coverage, or the effect it would have on future auto accident victims. In a recent radio interview, in fact, he suggested they could get on Medicare at 65; and WHEREAS any savings in personal injury protection costs by this legislation may be exceeded by increases in liability insurance increases because their only access to needed medical coverage would be through litigation, while leaving many accident victims vulnerable to the costs incurred by uncovered medical expenses; and WHEREAS this legislation would force those whose needs exceed this coverage to declare bankruptcy and go on Medicaid, which would not cover most of the currently covered expenses, or use Medicare, and thus force the taxpayers to pay the costs; and WHEREAS there is a broad coalition of groups and individuals who are working to protect the No-Fault Insurance program, including the Brain Injury Association of Michigan, Michigan Paralyzed Veterans of America, Disability Network of Michigan, Michigan College of Emergency Physicians, Michigan State Medical Society, Michigan Nurses Association, Michigan Rehabilitation Association, among many others. Commissioners Minutes Continued. September 22, 2011 528 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby opposes House Bill 4936, which would repeal the Michigan Auto No-Fault Insurance system and replace it with a faulty voluntary system that would leave accident victims with reduced coverage, increase Medicaid and Medicare costs to support victims and produce no proven savings for insurance coverage. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to Oakland County Executive L. Brooks Patterson, the Board of Commissioner’s Lobbyist, the Oakland County Legislative delegation and Governor Rick Snyder. Chairperson, we move the adoption of the foregoing Resolution. JIM NASH, GARY MCGILLIVRAY, CRAIG COVEY, NANCY QUARLES, TIM GREIMEL, HELAINE ZACK, MATTIE HATCHETT, MARCIA GERSHENSON, DAVE WOODWARD The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #11231 BY: Commissioner Jim Runestad, District #6 IN RE: BOARD OF COMMISSIONERS – REQUEST FOR ADDITIONAL $97,650 LOAN FROM THE LONG TERM REVOLVING FUND FOR CONSTRUCTION OF THE LAKE NEVA LAKE LEVEL CONTROL STRUCTURE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Lake Neva is an inland lake located in the Charter Township of White Lake, County of Oakland, State of Michigan; and WHEREAS the lake level is regulated, among other things, by a stand pipe structure (“lake level structure”) that is in serious need of repair and/or replacement; and WHEREAS the Michigan Department of Environmental Quality has indicated that the lake level structure poses a substantial risk of failure which poses a risk to people and property; and WHEREAS Miscellaneous Resolution #02019 established a Long Term Revolving Fund to assist in financing water and sewer projects; and WHEREAS Miscellaneous Resolution #11173 approved a loan from the Long Term Revolving Fund not to exceed $150,000 for the design and repair of the Lake Neva lake level control structure; and WHEREAS the total cost estimate for the project is now $247,641; and WHEREAS Miscellaneous Resolution #02019 limits Long Term Revolving Fund loans to $150,000 and an exception is being requested to authorize an additional loan to the Lake Neva project in the amount of $97,650; and WHEREAS the Charter Township of White Lake (“Township”) intends to establish a special assessment district in accordance with 1954 PA 188, as amended and its charter to make the necessary repairs to the lake level control structure and agrees to pledge the full faith and credit of the Township for the prompt repayment of the principal and interest of the loan from the County. NOW THEREFORE BE IT RESOLVED by the Oakland County Board of Commissioners as follows: 1. The County Board of Commissioners authorizes an additional $97,650 to the loan previously approved in the amount of $150,000, for a total of $247,650, pursuant to Miscellaneous Resolution #11173. Said addition shall not exceed $97,650 from the County’s Long Term Revolving Fund to the Charter Township of White Lake with an annual interest rate to be determined in accordance with County policy at the time the funds are disbursed for the costs associated with the administration, legal proceedings, design and repair of the lake level control structure for Lake Neva. 2. The loan shall be applied to all costs for administration, legal proceedings, design and repair of the Project. 3. The loan with applicable interest shall be paid in full and shall be assessed against the Township in five (5) annual installments beginning with the 2012 tax year. 4. The Chairperson is authorized to execute the agreement between the County and the Charter Township of White Lake, in the form recommended and approved by Corporation Counsel with terms and conditions necessary for repayment of the loan provided herein. Commissioners Minutes Continued. September 22, 2011 529 BE IT FURTHER RESOLVED that no funds will be distributed from the Long Term Revolving Fund until after the appropriate Special Assessment District is legally established. Chairperson, I move the foregoing resolution. JIM RUNESTAD Copy of Water Resources Commissioner/County Executive Recommendation on file in County Clerk’s office. FISCAL NOTE (MISC. #11231) BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – REQUEST FOR ADDITIONAL $97,650 LOAN FROM THE LONG TERM REVOLVING FUND FOR CONSTRUCTION OF THE LAKE NEVA LAKE LEVEL CONTROL STRUCTURE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The resolution authorizes an additional $97,650 loan from the Long-Term Revolving Fund for the Lake Neva Lake Level Control Structure Project. 2. The County Board of Commissioners previously approved $150,000 for the Lake Neva Lake Level control structure pursuant to Miscellaneous Resolution #11173, an additional $97,650 is necessary to complete the project for a loan amount that shall not exceed $247,650. 3. Miscellaneous Resolution No. 02019 authorized that monies be made available for loans to local units for amounts up to $150,000 and exception is being requested to authorize a loan to the Charter Township of White Lake for Lake Neva Lake Level Control Structure in an amount not to exceed $247,650. 4. The full repayment of the loan, with applicable interest, will come from the 5 year special assessment roll prepared by the Charter Township of White Lake. 5. None of the $150,000 loan amount previously authorized in Miscellaneous Resolution #11173 has been released to the project to date; therefore applicable interest charges will be based on the updated total loan amount of $247,650. 6. Also, Miscellaneous Resolution #89276 states that an interest rate no less than the prevailing six- month Treasury Bill rate should be charged. The six-month Treasury Bill rate is quite a bit lower than the average interest rate from the Treasurer’s pooled investments and therefore the rate to be charged will be the last published Treasurer’s pooled investment average monthly rate for the month of August 2011 is 1.121%. 7. Funding is currently available in the Long-Term Revolving Fund to issue a loan in the amount of $247,650 for the Lake Neva Lake Level Control Structure Project. 8. No budget amendment is required. FINANCE COMMITTEE Moved by Runestad supported by Middleton to suspend the rules and vote on Miscellaneous Resolution #11231 – Board of Commissioners – Request for Additional $97,650 Loan From the Long Term Revolving Fund for Construction of the Lake Neva Lake Level Control Structure. Vote on motion to suspend the rules: AYES: Hoffman, Long, Matis, Middleton, Nuccio, Potts, Runestad, Scott, Taub, Weipert, Bosnic, Dwyer, Gingell, Gosselin. (14) NAYS: Jackson, McGillivray, Nash, Quarles, Woodward, Zack, Covey, Gershenson, Greimel, Hatchett. (10) A sufficient majority having voted in favor, the motion to suspend the rules and vote on Miscellaneous Resolution #11231 - Request for Additional $97,650 Loan From the Long Term Revolving Fund for Construction of the Lake Neva Lake Level Control Structure carried. Discussion followed. Commissioners Minutes Continued. September 22, 2011 530 Moved by Runestad supported by Middleton the resolution be adopted. AYES: Long, Matis, Middleton, Nuccio, Potts, Runestad, Scott, Taub, Weipert, Bosnic, Covey, Dwyer, Gingell, Gosselin, Hoffman. (15) NAYS: Jackson, McGillivray, Nash, Quarles, Woodward, Zack, Gershenson, Greimel, Hatchett. (9) A sufficient majority having not voted in favor, the resolution failed. MISCELLANEOUS RESOLUTION #11232 BY: Commissioners Mike Gingell, District #3; David Potts, District #20; Jim Nash, District #15; Bill Dwyer, District #14 IN RE: RESOLUTION IN SUPPORT OF REGIONAL TRANSIT AUTHORITY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS southeastern Michigan’s Regional Transportation Authority, the Regional Transit Coordinating Council (RTCC), was established by the Michigan Legislature in 1967 P.A. 204 (Act 204); and WHEREAS Act 204 states that the RTCC was created for the purpose of establishing and directing public transportation policy within its metropolitan area, an area that today includes the counties of Macomb, Monroe, Oakland and Wayne; and WHEREAS the Legislature explicitly provided that the RTCC be considered a transportation authority for the sole purpose of receiving transportation operating and capital assistance grants; and WHEREAS the Legislature expressly denied the RTCC power to employ operating personnel, denied the RTCC power to negotiate collective bargaining agreements with operating personnel and denied the RTCC authority to own operating assets of a public transportation service within the metropolitan area; and WHEREAS the legislative restrictions placed on the RTCC striped it of any meaningful ability to act as an effective regional transportation authority; and WHEREAS an attempt unanimously supported by the Mayor of the City of Detroit, the Chairperson of Macomb County Board of Commissioners and the County Executives of Oakland County and Wayne County to replace the RTCC failed on December 30, 2002, when then Governor Engler vetoed Enrolled House Bill 5467, a bill to create the Detroit Area Regional Transportation Authority (DARTA); and WHEREAS a second attempt to create a more effective regional transportation authority was made on May 22, 2003 by the members of the RTCC, i.e. the Mayor of the City of Detroit, the Chairperson of the Macomb County Board of Commissioners and the elected Executives of both Oakland and Wayne Counties, who joined with then Governor Granholm to create a new DARTA via the execution of an interlocal and intergovernmental agreement; and WHEREAS the American Federation of State, County and Municipal Employees (AFSCME) objected to the state and local regional effort to form a new regional transportation authority by suing, in 2003, the RTCC and its members and asking the Michigan Courts to declare the interlocal and intergovernmental null and void; and WHEREAS on July 5, 2005, the Michigan Court of Appeals, in ASFCME v RTCC, et al., declared the interlocal and intergovernmental agreement entered into by Governor Granholm and the RTCC to be null and void because the agreement was not necessary for the RTCC to receive transportation operating and capital assistance grants; and WHEREAS subsequent attempts to amend Act 204 and cure the barriers identified by the Court of Appeals in ASFCME v RTCC, et al., to RTCC participation in a DARTA interlocal and intergovernmental agreement failed in 2005 and 2006 after the Governor’s Office failed to follow-through on promised support; and WHEREAS in June 2006, acting pursuant to authority granted in Act 204 to develop and adopt public transportation plans for its metropolitan area, the RTCC Board unanimously directed its General Manager to develop a Detroit Area Regional Mass Transit Plan; and WHEREAS supported by state and federal grant funding, the RTCC developed a comprehensive regional transportation plan for the metropolitan area and that plan, attached hereto and incorporated herein, was unanimously adopted by the RTCC on December 8, 2008; and WHEREAS the adopted RTCC Comprehensive Regional Transit Service Plan incorporates the following key elements: Commissioners Minutes Continued. September 22, 2011 531 (1) A review of current regional transit performance in Southeast Michigan; and (2) An assessment and series of recommendations for proposed enhancements and areas for improved coordination of services for the three prominent service providers in the region: DDOT, SMART, and DTC (People Mover); and (3) A recommendation for a phased approach to implementation of a new Regional Transit Network consisting of a mix of enhancements to existing services, Arterial Rapid Transit, Bus Rapid Transit, Light Rail, and Commuter Rail. The adopted plan provides that corridors will move to a higher level of service if and only if ridership warrants the improvements and if state and local funding mechanisms are established to support those improvements and if density characteristics are sufficient to leverage the Federal funds needed for capital construction; and WHEREAS in adopting the Comprehensive Plan, the RTCC specifically noted that the viability of the Comprehensive Regional Transit Service Plan was dependent upon future legislative actions including, a.) the legislative establishment of a regional authority to run the system, b.) the legislative establishment of state and local funding mechanisms requiring a vote of the People for adoption, and c.) the identification and adoption of funding sources for both operating and capital costs and a federal match on capital costs. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners calls upon the Michigan Legislature and Governor to enact legislation that establishes an effective regional transportation authority for southeastern Michigan, that support the RTA and transit system by establishing state and local funding mechanisms adopted by a vote of the People and that those funding sources be eligible for federal matching for both operating and capital purposes. BE IT FURTHER RESOLVED that the Oakland County Clerk shall send copies of this resolution to the Governor of the State of Michigan, the Speaker of the House, the Senate Majority Leader and to all of the Members of the Oakland County Michigan Legislative Delegation. Chairperson, we move adoption of the foregoing resolution. MICHAEL GINGELL, DAVID POTTS, JIM NASH, BILL DWYER, TOM MIDDLETON, PHILIP WEIPERT, BOB HOFFMAN, JOHN SCOTT, GARY MCGILLIVRAY, NANCY QUARLES, JANET JACKSON, TIM GREIMEL, HELAINE ZACK, MARCIA GERSHENSON, CRAIG COVEY, MATTIE HATCHETT, DAVE WOODWARD, SHELLEY TAUB, KATHY CRAWFORD Moved by Dwyer supported by Potts to suspend the rules and vote on Miscellaneous Resolution #11232 – Resolution in Support of Regional Transit Authority. Vote on motion to suspend the rules: AYES: Matis, McGillivray, Middleton, Nash, Potts, Quarles, Taub, Weipert, Woodward, Zack, Covey, Dwyer, Gershenson, Gingell, Greimel, Hatchett, Hoffman, Jackson. (18) NAYS: Long, Nuccio, Runestad, Scott, Bosnic, Gosselin. (6) A sufficient majority having voted in favor, the motion to suspend the rules and vote on Miscellaneous Resolution #11232 – Resolution in Support of Regional Transit Authority carried. Moved by Dwyer supported by Potts the resolution be adopted. AYES: McGillivray, Middleton, Nash, Potts, Quarles, Scott, Taub, Weipert, Woodward, Zack, Covey, Dwyer, Gershenson, Gingell, Greimel, Hatchett, Hoffman, Jackson. (18) NAYS: Matis, Nuccio, Runestad, Bosnic, Gosselin, Long. (6) A sufficient majority having voted in favor, the resolution was adopted. County Clerk Bill Bullard, Jr., addressed the Board regarding the Election Division Open house and welcoming all the Board Commissioners. Commissioners Minutes Continued. September 22, 2011 532 The Board adjourned at 12:10 p.m. to the call of the Chair or October 5, 2011, at 7:00 p.m. BILL BULLARD, JR. MICHAEL J. GINGELL Clerk Chairperson