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HomeMy WebLinkAboutMinutes - 2011.10.20 - 7661565 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES October 20, 2011 Meeting called to order by Chairperson Michael Gingell at 9:34 a.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Bosnic, Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Zack. (24) ARRIVED LATE: Greimel. (1) at 9:50 a.m. EXCUSED ABSENCE WITH NOTICE: None. (0) Quorum present. Invocation given by Beth Nuccio. Pledge of Allegiance to the Flag. Moved by Dwyer supported by Covey the minutes of the October 5, 2011 Board Meeting be approved. A sufficient majority having voted in favor, the minutes were approved as printed. Moved by Taub supported by McGillivray the agenda be amended, as follows: ITEMS NOT ON BOARD AGENDA PUBLIC SERVICES COMMITTEE e. Prosecuting Attorney – Fiscal Year 2012 Crime Victim Rights Grant Acceptance Reason for Suspension of Public Services Committee, item e.: Waiver Rule III: items for printed board agenda shall be presented to the Board Chair five days prior to the meeting. Item was taken up by the Public Services Committee immediately prior to Board meeting. f. Prosecuting Attorney – Fiscal Year 2012 Victim Advocacy Program – Victims of Crime Act (VOCA) Grant Acceptance Reason for Suspension of Public Services Committee, item f.: Waiver Rule III: items for printed board agenda shall be presented to the Board Chair five days prior to the meeting. Item was taken up by the Public Services Committee immediately prior to Board meeting. Discussion followed. Vote on agenda, as amended: AYES: Bosnic, Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Zack. (24) NAYS: None. (0) A sufficient majority having voted in favor, the agenda, as amended, was approved. Commissioners Minutes Continued. October 20, 2011 566 Chairperson Michael Gingell addressed the Board to introduce Commissioners Bosnic, Gosselin, and Matis. Commissioners Bosnic, Gosselin and Matis addressed the Board to present a proclamation to Paul Carey for his tremendous contributions in the broadcasting industry, his name is forever linked to the Detroit Tigers organization as a producer of the Detroit Tigers’ Radio Network, where he worked from 1964 to 1971, before joining Ernie Harwell as a play-by-play announcer for Detroit Tigers in 1972. For 19 seasons, Paul Carey was a part of one of professional baseball’s legendary radio broadcasting teams. He is recognized as the “King of the Middle Three Innings” among the nation’s professional baseball announcers. Paul Carey addressed the Board. Chairperson Michael Gingell addressed the Board to introduce Commissioners Jackson, Hatchett, Greimel and County Clerk, Bill Bullard, Jr. Commissioners Jackson, Hatchett, Greimel and County Clerk, Bill Bullard, Jr., addressed the Board to present a proclamation to Richard Bell who is one of the founders of the non-profit Kids First Initiative which began officially in 2006, in Pontiac, Michigan, under his leadership. Richard Bell and many dedicated volunteers have put kids and families first in the communities of Pontiac and Southfield by providing holiday meals, clothing and hosting an annual give-away of book bags filled with school supplies. This program has had a positive impact on the lives of many youth. Richard Bell addressed the Board. Chairperson Michael Gingell addressed the Board to introduce Commissioners Jackson, Quarles and Zack. Commissioners Jackson, Quarles, Zack, Covey, Woodward and McGillivray addressed the Board and asked former Commissioner Eric Coleman to join them to present a proclamation to Cherryl Thames who is a well-respected entrepreneur, who has been an inspiration to many in Oakland County and the Southfield-Lathrup Village Community, where she has helped countless people and organizations SOAR in their efforts to achieve success. She has demonstrated professional leadership as the President and CEO of Quantum Leaps, a coaching, training and strategic planning company dedicated to personal and professional development. She has helped many businesses and groups achieve excellence. Cherryl Thames addressed the Board. Chairperson Michael Gingell addressed the Board to introduce Commissioners Runestad and Gershenson. Commissioners Runestad and Gershenson addressed the Board to present a proclamation to Powers Distributing Company for the “2011 Craft Beer Distributor of the Year Award”, in its fifth consecutive year, is given to a beer distributor who does the most to market, promote and sell Craft Beer. Powers Distributing Company was presented with this distinguished award by the National Wholesalers Association and the Brewers Association at the Great American Beer Festival in Denver, Colorado on October 1, 2011. Jerry Powers, President of Powers Distributing Company addressed the Board. Commissioners Weipert, Greimel, Taub and Jim Verpleog – Administrator Director Program & Operation Analyst addressed the Board to present a proclamation to Harvey Wadell for his years of service. Harvey Wadell – Senior Board of Commissioner Analyst addressed the Board. Commissioners Minutes Continued. October 20, 2011 567 The following people addressed the Board during public comment: Pam Sordyl, David Albery, Commissioners Jim Nash, Jeff Matis, Bill Dwyer and Janet Jackson. Moved by Taub 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 585. The resolutions on the Consent Agenda follow (annotated by an asterisk {*}): *MISCELLANEOUS RESOLUTION #11245 BY: Commissioner Christine Long, District #7 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION – CHARTER TOWNSHIP OF COMMERCE – COMMERCE ROAD – PROJECT NO. 50131 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 Charter Township of Commerce, 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 Charter Township of Commerce and said appropriation has been transferred to a project account; and WHEREAS the Charter Township of Commerce 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 2012 authorized amount of Tri- Party Road Improvement funding for the Charter Township of Commerce is $42,816. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Charter Township of Commerce 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 Charter Township of Commerce. Chairperson, I move the adoption of the foregoing Resolution. CHRISTINE LONG 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, Cost Participation Agreement, and Exhibit A Incorporated by Reference. Original on file in County Clerk’s office. Commissioners Minutes Continued. October 20, 2011 568 FISCAL NOTE (MISC. #11245) BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION – CHARTER TOWNSHIP OF COMMERCE – COMMERCE ROAD – PROJECT NO. 50131 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 Tri-Party Road Improvement Program for projects managed by the Road Commission for Oakland County (RCOC). 2. Funding of $42,816 is available in the General Fund Designated Fund Balance for Tri-Party 2012 and prior funding (account #371510) for project 50131. 3. This project is for the milling and asphalt resurfacing with a center turn lane and signal upgrade on Commerce Road from South Commerce to Union Lake Road. 4. The FY 2012 budget be amended as follows: GENERAL FUND (#10100) FY 2012 Revenue 9010101-196030-665882 Planned Use of Fund Balance $42,816 Total Revenues $42,816 Expenditures 9010101-153010-740135 Road Commission Tri-Party $42,816 Total Expenditures $42,816 FINANCE COMMITTEE (The vote for this motion appears on page 585.) *MISCELLANEOUS RESOLUTION #11247 BY: Commissioner Bob Hoffman, District #2 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION – CHARTER TOWNSHIP OF HIGHLAND – JOHN STREET - PROJECT NO. 51062 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 Commissioners Minutes Continued. October 20, 2011 569 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 Charter Township of Highland, 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 Charter Township of Highland and said appropriation has been transferred to a project account; and WHEREAS the Charter Township of Highland 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 2012 authorized amount of Tri- Party Road Improvement funding for the Charter Township of Highland is $19,962. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Charter Township of Highland 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 Charter Township of Highland. Chairperson, I move the adoption of the foregoing Resolution. BOB HOFFMAN Copy of Correspondence from Patricia Z. Wierzbicki Deputy – Secretary/Clerk of the Board for the Oakland County Road Commission, Copy of Correspondence from Thomas G. Noechel Programing Supervisor for Oakland County Road Commission, Cost Participation Agreement, and Exhibit A Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #11247) BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION – CHARTER TOWNSHIP OF HIGHLAND – JOHN STREET – PROJECT NO. 51062 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 Tri-Party Road Improvement Program for projects managed by the Road Commission for Oakland County (RCOC). 2. Funding of $19,962 is available in the General Fund Designated Fund Balance for Tri-Party 2012 and prior funding (account #371510) for project 51062. 3. This project is for the pulverizing and resurfacing of John Street from Livingston Road to M-59. 4. The FY 2012 budget be amended as follows: GENERAL FUND (#10100) FY 2012 Revenue 9010101-196030-665882 Planned Use of Fund Balance $19,962 Total Revenues $19,962 Expenditures 9010101-153010-740135 Road Commission Tri-Party $19,962 Total Expenditures $19,962 FINANCE COMMITTEE (The vote for this motion appears on page 585.) Commissioners Minutes Continued. October 20, 2011 570 *MISCELLANEOUS RESOLUTION #11248 BY: Commissioners Beth Nuccio, District #1; Tom Middleton, District #4 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION – CHARTER TOWNSHIP OF INDEPENDENCE – TRAFFIC SIGNAL IMPROVEMENTS – PROJECT NO. 51071 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 Charter Township of Independence, 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 Charter Township of Independence and said appropriation has been transferred to a project account; and WHEREAS the Charter Township of Independence 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 2012 authorized amount of Tri-Party Road Improvement funding for the Charter Township of Independence is $16,950. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Charter Township of Independence 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 Charter Township of Independence. Chairperson, we move the adoption of the foregoing Resolution. BETH NUCCIO, TOM MIDDLETON 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, Cost Participation Agreement, Exhibit A, Exhibit B and Exhibit C Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #11248) BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION – CHARTER TOWNSHIP OF INDEPENDENCE – TRAFFIC SIGNAL IMPROVEMENTS – PROJECT NO. 51071 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Commissioners Minutes Continued. October 20, 2011 571 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 Tri-Party Road Improvement Program for projects managed by the Road Commission for Oakland County (RCOC). 2. Funding of $16,950 is available in the General Fund Designated Fund Balance for Tri-Party 2012 and prior funding (account #371510) for project 51071. 3. This project is for the traffic signal improvements on Clarkston Road at Flemings Lake Road and on Waldon Road at Walters Road. 4. The FY 2012 budget be amended as follows: GENERAL FUND (#10100) FY 2012 Revenue 9010101-196030-665882 Planned Use of Fund Balance $16,950 Total Revenues $16,950 Expenditures 9010101-153010-740135 Road Commission Tri-Party $16,950 Total Expenditures $16,950 FINANCE COMMITTEE (The vote for this motion appears on page 585.) *MISCELLANEOUS RESOLUTION #11251 BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET – 2011 APPORTIONMENT OF LOCAL TAX RATES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS your Finance Committee on Local Taxes has examined certificates, statements, papers and records submitted to it from the various townships, cities and villages having taxes to be spread upon the Tax Rolls, and has checked these documents with the pertinent laws, specifically Section 37 General Property Tax Laws, and has caused corrections to be made where necessary; and WHEREAS your committee has prepared tax certificates showing the certified rates as adjusted by MCL211.34, MCL211.34D, MCL211.24E and MCL211.34E of the General Property Tax Laws, authorized to be spread against state taxable valuations, which certificates are submitted herewith, and which are the basis for the tabulation above mentioned, and it is recommended that the Board of Commissioners authorize the Equalization Director to sign these certificates; and WHEREAS the electorate of the State of Michigan amended Article IX of the constitution and added Section 36; and WHEREAS the legislature, as directed, implemented said legislation under Section 37 of the General Property Tax Act and the 1976 State School Code, as amended; and WHEREAS the certified rates are subject to MCL211.36 which allows additional millage to be voted up to and including December 7, 2011 for schools and, if adopted, up to and including November 8, 2011 for taxing jurisdictions, as specified in said section; said additional millage(s) would require Board approval before they could be spread; and WHEREAS the electorate of the State of Michigan voted to limit school operating levies on homestead and non-homestead property taxes in accordance with this report. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners adopt the attached certificates with the recommendations herein contained as part of the permanent records of the Board. BE IT FURTHER RESOLVED that the Equalization Director be authorized and directed to sign the several tax certificates on which the attached tabulation was based, thereby authorizing and directing the various assessing officers to spread the rates against the taxable valuation set forth herein for 2011. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. Commissioners Minutes Continued. October 20, 2011 572 FINANCE COMMITTEE Copy of Oakland County 2011 Apportionment Report Incorporated by Reference. Original on file in County Clerk’s office. (The vote for this motion appears on page 585.) *REPORT (MISC. #11246) BY: Human Resources Committee, John Scott, Chairperson IN RE: BOARD OF COMMISSIONERS – RESOLUTION EXEMPTING OAKLAND COUNTY GOVERNMENT FROM THE PROVISIONS OF 2011 P.A. 152 FOR CALENDAR YEAR 2012 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee having reviewed MR #11246 on October 12, 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 #11246 BY: Commissioners Michael Gingell, District #3; Dave Woodward, District #18; Bill Dwyer, District #14; Janet Jackson, District #21 IN RE: BOARD OF COMMISSIONERS - RESOLUTION EXEMPTING OAKLAND COUNTY GOVERNMENT FROM THE PROVISIONS OF 2011 P.A. 152 FOR CALENDAR YEAR 2012 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS on September 27, 2011, 2011 P.A. 152, an act to limit a public employer’s expenditures for employee medical benefit plans, became immediately effective; and WHEREAS previously, on September 22, 2011, Oakland County’s Triennial Budget for Fiscal Years 2012 – 2014 was adopted by the Oakland County Board of Commissioners; and WHEREAS the adopted Oakland County Triennial Budget for Fiscal Years 2012 - 2014 is balanced, maintains responsible recommended general fund equity balances, and funds current employee medical benefit plans within existing revenues; and WHEREAS Oakland County’s operating millage rate of 4.19% is effectively Michigan’s lowest county operating millage rate given the fact that Oakland County is the only Michigan county that has actuarially fully funded its accrued retiree health care obligations (OPEB) within its operating millage rate; and WHEREAS Oakland County’s 2007 funding of its accrued retiree health care obligation using Certificates of Participation will save Oakland County taxpayers an estimated $150 million over the life of the program; and WHEREAS the residents and taxpayers of Oakland County have been well-served by the County’s consistent utilization of its nationally-recognized Triennial Budget Process, a process that uses thoughtful, detailed planning and employs incremental changes over time to yield significant results without serious disruption in service delivery and in a manner that is fair to both taxpayers and employees; and WHEREAS in keeping with the County’s established, long-range budgeting practices that actively balance the interests of taxpayers and county employees, Oakland County Employees have been paying contributions toward their health care coverage since 1997, contributing over $26 million toward their health care costs; and WHEREAS for the three major health plans currently available to Oakland County employees, for single person plans, employees already pay between 11.79% and 21.81% of the 2011 illustrative rate; and WHEREAS significant time and expense has already been incurred relating to the execution of the calendar year 2012 annual health care selection “open enrollment” process for employees, and those investments will be lost and taxpayers will incur significant new costs if Act 152 is required to be implemented by January 1, 2012; and WHEREAS vigorous challenges to the legality of Act 152 are expected and the costs associated with litigation required to support the validity of Act 152 will likely be substantial; and Commissioners Minutes Continued. October 20, 2011 573 WHEREAS Section 8 of Act 152 authorizes a local unit of government, defined to include a county government, upon a 2/3 vote of the governing body, to exempt itself from the requirements of the act for the next succeeding calendar year; and WHEREAS by exempting itself under Section 8 of Act 152 for calendar year 2012, Oakland County can avoid costs of litigation, avoid the expense of conducting a new “open enrollment” selection process, and secure reasonable time to prudently employ its recognized Triennial Budget Process, allowing the County to continue making changes over time that yield significant reductions in health care costs in a manner that is fair to both taxpayers and employees; and WHEREAS exempting Oakland County from Act 152 for calendar year 2012 is equitable considering that Oakland County’s employees have already demonstrated by their actions a continuing willingness to fairly share in the burden of meeting the significant economic challenges associated with Michigan’s long recession; and WHEREAS in addition sharing the burden of health care costs by contributing over $26 million since 1997, Oakland County’s non-312 eligible employees made significant wage and salary concessions by accepting salary reductions of 2.5% for Fiscal Year 2010, a further reduction of 1.5% for Fiscal Year 2011, by accepting a salary freeze for Fiscal Year 2012, and by supporting the Fiscal Year 2013 budget plan that continues the 2012 salary freeze; and WHEREAS Oakland County employees’ cumulative pay reductions for Fiscal Years 2010 and 2011 saved Oakland County taxpayers $14.4 million and, together with the pay freeze for Fiscal Years 2012 and 2013, will save an additional $17.6 million, for a combined total of $31.9 million in wage and salary savings; and WHEREAS the equitable nature of a 2012 exemption for Oakland County employees is further demonstrated by the fact that the State of Michigan, as the employer of some 45,000 workers, effectively exempted itself from the mandate of Act 152 by refusing to place the question of applying Act 152’s limitations to state workers on the ballot. NOW THEREFORE BE IT RESOLVED that acting pursuant to the authority granted a county under Section 8 of Act 152, the Oakland County Board of Commissioners hereby exempts Oakland County Government from the requirements of 2011 P.A. 152 for calendar year 2012. Chairperson, we move adoption of the foregoing Resolution. MICHAEL GINGELL, BILL DWYER, DAVE WOODWARD, JOHN SCOTT, BOB HOFFMAN, PHILIP WEIPERT, DAVE POTTS, CRAIG COVEY, TOM MIDDLETON, MARCIA GERSHENSON, HELAINE ZACK, CHRISTINE LONG FISCAL NOTE (MISC. #11246) BY: Board of Commissioners IN RE: BOARD OF COMMISSIONERS - RESOLUTION EXEMPTING OAKLAND COUNTY GOVERNMENT FROM THE PROVISIONS OF 2011 P.A. 152 FOR CALENDAR YEAR 2012 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: The FY 2012 – 2014 Adopted Budget assumed the current levels of employee contributions for health care. Therefore, no budget amendment is required. FINANCE COMMITTEE (The vote for this motion appears on page 585.) *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: Commissioners Minutes Continued. October 20, 2011 574 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 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 vote for this motion appears on page 585.) *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 Commissioners Minutes Continued. October 20, 2011 575 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 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 vote for this motion appears on page 585.) *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: Commissioners Minutes Continued. October 20, 2011 576 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 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 vote for this motion appears on page 585.) *MISCELLANEOUS RESOLUTION #11252 BY: Planning and Building Committee, David Potts, Chairperson IN RE: BUILDING AUTHORITY - RESOLUTION APPROVING FORM OF SUBLEASE BETWEEN THE COUNTY OF OAKLAND AS LESSOR AND THE CITY OF OAK PARK AS LESSEE REGARDING THE CITY OF OAK PARK ADMINISTRATIVE CAMPUS PROJECT LOCATED IN THE CITY OF OAK PARK, OAKLAND COUNTY, MICHIGAN To the Oakland County Board of Commissioners Commissioners Minutes Continued. October 20, 2011 577 Chairperson, Ladies and Gentlemen: WHEREAS there has been prepared and attached hereto as APPENDIX A, a form of sublease (the “sublease”) between the County of Oakland (the “County”) and the City of Oak Park (the “City”) whereby the City will sublease certain real estate described therein from the County for up to twenty-five 25 years; and WHEREAS the Sublease cannot be completed and executed until the bonds are sold. NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland, Michigan, as follows: 1. The Sublease, in the form attached hereto as APPENDIX A, is hereby approved. 2. The blanks contained in the Sublease shall be completed by the Chairperson of the Board of Commissioners of the County after the bonds are sold which will include inserting the debt retirement schedule for the bonds. 3. The Chairperson of the Board of Commissioners of the County and the County Clerk are hereby authorized to execute and deliver the Sublease once the blanks therein have been completed. 4. All resolutions and parts of resolutions, insofar as they conflict with the foregoing resolution, are hereby rescinded. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Sublease, Appendix A, Appendix B and Appendix C Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #11252) BY: Finance Committee, Tom Middleton, Chairperson IN RE: BUILDING AUTHORITY – RESOLUTION APPROVING FORM OF SUBLEASE BETWEEN THE COUNTY OF OAKLAND AS LESSOR AND THE CITY OF OAK PARK AS LESSEE REGARDING THE CITY OF OAK PARK ADMINISTRATIVE CAMPUS PROJECT LOCATED IN 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. The resolution authorizes the Sublease between the County of Oakland and the City of Oak Park relating to the City of Oak Park Administrative Campus Project for an amount not to exceed $6,500,000. 2. The term of the Sublease is for up to twenty-five (25) years; the Sublease cannot be completed and executed until the bonds are sold. 3. The Sublease specifies that the City of Oak Park is to pay the County of Oakland at least 30 days before each bond payment date an amount sufficient to pay the principal and/or interest due. 4. No budget amendment is required. FINANCE COMMITTEE (The vote for this motion appears on page 585.) *MISCELLANEOUS RESOLUTION #11253 BY: Planning and Building Committee, David Potts, Chairperson IN RE: WASTE RESOURCE MANAGEMENT UNIT – RESOLUTION TO RESCIND & REVOKE APPROVAL OF A BROWNFIELD PLAN FOR THE 4700 LAPEER ROAD PROJECT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners, pursuant to and in accordance with the provisions of the Brownfield Redevelopment Financing Act, being Act 381 of the Public Acts of the State of Michigan of 1996, as amended (the “Act”), has established a redevelopment of Brownfields Redevelopment Authority and Board (OCBRA) to facilitate the cleanup and redevelopment of Brownfields within Oakland County’s communities; and Commissioners Minutes Continued. October 20, 2011 578 WHEREAS a Brownfield Plan for the 4700 Lapeer Road site had been approved on March 27, 2007, which called for an office building to be built by Kemp Properties; and WHEREAS no cleanup or redevelopment has happened, and no future redevelopment is planned; and WHEREAS Kemp Properties intends to sell the property to Kensington Church as part of a four-parcel church redevelopment; and WHEREAS Kensington Church is a tax exempt entity and entitled to no tax increment financing tool. They don’t intend to use the Brownfield Plan; and WHEREAS the Oakland County Brownfield Redevelopment Authority has rescinded and revoked the approval of the Brownfield Plan for the 4700 Lapeer Road Site; and WHEREAS the members of the Township Board have also rescinded and revoked the approval of the Brownfield Plan for the 4700 Lapeer Road Site. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby rescind and revoke the Brownfield Plan located at 4700 Lapeer Road within the Township of Orion. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE (The vote for this motion appears on page 585.) Copy of Resolution to Rescind & Revoke Approval of the Brownfield Redevelopment Plan for the 4700 Lapeer Road Brownfield Site August 23, 2011, State of Michigan County of Oakland Charter Township of Orion, Oakland County Brownfield Redevelopment Authority, Brownfield Redevelopment Plan Amendment No. for 4700 S. Lapeer Road Property Orion Township, Michigan, on file in County Clerk’s office. *FISCAL REPORT (MISC #11241) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF’S OFFICE – ESTABLISHMENT OF STANDARD LAW ENFORCEMENT SERVICES CONTRACT RATES AND CONTRACT APPROVAL – JANUARY 1, 2012 THROUGH DECEMBER 31, 2012 To the Oakland County Board of Commissioners Chairperson, Ladies, and Gentlemen: The Finance Committee, having reviewed the above-referenced resolution, recommends the following amendment: 1. Strike the words “AND CONTRACT APPROVAL” in the resolution title, as this resolution is merely to establish rates for 2012. 2. Remove the 3rd WHEREAS. The contracts will be presented at a later date for approval by the Board. Chairperson, on behalf of the Finance Committee, I move the acceptance of the foregoing report. FINANCE COMMITTEE MISCELLANEOUS RESOLUTION #11241 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: SHERIFF'S OFFICE - ESTABLISHMENT OF STANDARD LAW ENFORCEMENT SERVICES CONTRACT RATES AND CONTRACT APPROVAL - JANUARY 1, 2012 THROUGH DECEMBER 31, 2012 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is the policy of the Oakland County Board of Commissioners to permit the Sheriff's Office to enter into contracts with townships, villages and cities for the purpose of providing Sheriff patrol services; and WHEREAS new contract rates have been developed for the 12-month period commencing January 1, 2012, through December 31, 2012, consistent with the attached schedule; and WHEREAS a proposed agreement has been developed and is attached; and WHEREAS Corporation Counsel has reviewed the agreement. Commissioners Minutes Continued. October 20, 2011 579 NOW THEREFORE BE IT RESOLVED that the following rates be established per officer for Law Enforcement Services for the period January 1, 2012, through December 31, 2012: Contract 2012 Captain $183,441 Lieutenant $161,822 Patrol Sergeant $146,386 Det. Sergeant $150,272 Dep II (w/fill) $146,564 Dep II (no-fill) $124,232 Dep II (no-fill/no vehicle) $117,206 Patrol Inv. $128,246 Dep I (no-fill) $104,751 Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Oakland County Sheriff’s Office 2012 Law Enforcement Services Agreement with CVT, Schedule A, Schedule B, and Schedule C Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #11241) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF'S OFFICE - ESTABLISHMENT OF STANDARD LAW ENFORCEMENT SERVICES CONTRACT RATES AND CONTRACT APPROVAL - JANUARY 1, 2012 THROUGH DECEMBER 31, 2012 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. This resolution establishes Law Enforcement Services contract rates for the twelve (12) month period January 1, 2012 through December 31, 2012. 2. The proposed contract rates cover direct operational costs. 3. The budget is amended to adjust the FY 2012 / FY 2013 / FY 2014 Adopted Budget to reflect estimated costs and revenues associated with these finalized rates. GENERAL FUND (#10100) FY 2012 FY 2013 FY 2014 Revenues 4030601-110000-632093 Sher. Spec. Deputy ($227,076) ($227,076) ($227,076) 9010101-196030-665882 Plan. Use Fund Bal $227,076 $227,076 $227,076 Total Revenues $ 0 $ 0 $ 0 FINANCE COMMITTEE (The vote for this motion appears on page 585.) *MISCELLANEOUS RESOLUTION #11242 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: SHERIFF'S OFFICE - ESTABLISHMENT OF LAW ENFORCEMENT SERVICES CONTRACT OVERTIME RATES - JANUARY 1, 2012 THROUGH DECEMBER 31, 2012 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is the policy of the Oakland County Board of Commissioners to authorize the Sheriff's Office to enter into contractual agreements with various communities and organizations for the purpose of providing deputies for traffic and security assignments for various activities and events; and WHEREAS the Sheriff's Office will provide assistance based on the availability of officers at the appropriate overtime rate and will invoice the requesting agency at rates established by the Board of Commissioners; and WHEREAS overtime rates have been developed for the period January 1, 2012 through December 31, 2012; and Commissioners Minutes Continued. October 20, 2011 580 WHEREAS the Board of Commissioners desires to have rates consistent with the Law Enforcement Patrol Services Contract rates for governmental units within Oakland County as a service to its citizenry, and rates which conform to estimated costs for all non-Oakland County communities and organizations. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners establishes the following hourly overtime rates for the period January 1, 2012, through December 31, 2012, for each officer for the purpose of providing contracted traffic and security services: Contract 2012 Lieutenant $87.89 Sergeant $79.90 Deputy II $65.38 Deputy I $51.69 BE IT FURTHER RESOLVED that contracts for Sheriff's Traffic and Security Assistance for activities and events within a community which is under contractual agreement for Sheriff's Law Enforcement Patrol Services, may be entered into at the prevailing, established contract overtime rates, upon the review and approval of the Management and Budget Department. Such approval or disapproval of mini-contracts will be provided to the Public Services Committee on a semi-annual basis. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE FISCAL NOTE (MISC. #11242) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF'S OFFICE - ESTABLISHMENT OF LAW ENFORCEMENT SERVICES CONTRACT OVERTIME RATES - JANUARY 1, 2012 THROUGH DECEMBER 31, 2012 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. This resolution establishes Law Enforcement Services contract overtime rates for the twelve (12) month period January 1, 2012 through December 31, 2012. 2. The FY 2012/FY 2013/FY 2014 Adopted Budget reflects estimated costs and revenues associated with these rates and is subject to unknown variables (i.e. number of hours, deputies, etc.). Therefore, no budget amendment is recommended at this time. FINANCE COMMITTEE (The vote for this motion appears on page 585.) *MISCELLANEOUS RESOLUTION #11243 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: SHERIFF'S OFFICE - ESTABLISHMENT OF JAIL BOARDING FEES - JANUARY 1, 2012 THROUGH DECEMBER 31, 2012 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution #10294, the Oakland County Board of Commissioners established daily jail boarding fee rates of $110.21 for 2011; and WHEREAS by adoption of Miscellaneous Resolution #10294, the Board of Commissioners also continued the policy of not charging a daily jail boarding fee rate for the period January 1, 2011 through December 31, 2011 for the housing of prisoners for local units of government within Oakland County; and WHEREAS cost to house prisoners at the Oakland County Jail for 2012 have been established per the attached schedule. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners establishes jail boarding fee rates for the housing of out-of-County prisoners at the Oakland County Jail of $114.83 per day for 2012. BE IT FURTHER RESOLVED that the Board of Commissioners continues the policy of not charging a daily rate for the housing of prisoners at the Oakland County Jail for local units of government within Oakland County for the period January 1, 2012 through December 31, 2012. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. Commissioners Minutes Continued. October 20, 2011 581 PUBLIC SERVICES COMMITTEE Copy of Cost to House Prisoners at the Oakland County Jail for 2012 on file in County Clerk’s office. FISCAL NOTE (MISC. #11243) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF'S OFFICE - ESTABLISHMENT OF JAIL BOARDING FEES - JANUARY 1, 2012 THROUGH DECEMBER 31, 2012 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. This resolution establishes Law Enforcement Services jail boarding fees for the twelve (12) month period January 1, 2012 through December 31, 2012. 2. The proposed Jail Boarding Fees are estimated at $114.83 per day for 2012, and continues the Board of Commissioners policy of not charging a daily rate for the housing of prisoners at the Oakland County Jail to local units of government within Oakland County. 3. No budget amendment is recommended at this time. FINANCE COMMITTEE (The vote for this motion appears on page 585.) *REPORT (MISC. #11244) BY: Human Resources Committee, John Scott, Chairperson IN RE: SHERIFF’S OFFICE – LAW ENFORCEMENT SERVICES FOR PARKS & RECREATION COMMISSION FOR 2012 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee having reviewed MR #11244 on October 12, 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 #11244 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: SHERIFF'S OFFICE - LAW ENFORCEMENT SERVICES FOR PARKS & RECREATION COMMISSION FOR 2012 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is the policy of the Oakland County Board of Commissioners to permit the Sheriff's Office to enter into contractual agreements for the purpose of Law Enforcement Services; and WHEREAS the Sheriff's Office and Parks & Recreation Commission currently have a contract for Law Enforcement Services; and WHEREAS the current contract will expire on December 31, 2011; and WHEREAS the Parks & Recreation Commission has requested that the contract be continued for the next year; and WHEREAS an additional 500 hours of Part Time Non-eligible (PTNE) Park Deputy II hours are being requested for this contract; and WHEREAS these rates are consistent with the rates as established by this board for the local units of government; and WHEREAS Corporation Counsel and Management & Budget have reviewed the attached contract and rates. NOW THEREFORE BE IT RESOLVED that the Oakland County Sheriff's Office is hereby authorized to enter into a contract for Law Enforcement Services with the Parks & Recreation Commission for 2012 at the rates provided in the attached contract. Commissioners Minutes Continued. October 20, 2011 582 BE IT FURTHER RESOLVED that one (1) 500 hour PTNE Park Deputy II be created in the Parks Unit, Patrol Services Division in the Sheriff’s Office. BE IT FURTHER RESOLVED that the continuation of the positions in this agreement be contingent on future contract renewal. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Law Enforcement Patrol Services Parks and Recreation 2012 and Oakland County Parks and Recreation Commission Contract for Sheriff Law Enforcement Services 2012 Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #11244) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF'S OFFICE - LAW ENFORCEMENT SERVICES FOR PARKS & RECREATION COMMISSION FOR 2012 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Resolution authorizes the extension of contractual agreement between the Sheriff’s Office and Parks & Recreation Commission for the period January 1, 2012 through December 31, 2012. 2. This resolution establishes Law Enforcement Services contract rates consistent with the rates as established by this board for the local units of government for calendar year 2012. 3. To provide adequate park patrol services it is requested that one (1) GF/GP PTNE 500 hrs./yr. Park Deputy II in the Parks Unit, Patrol Services Division, of the Sheriff’s Office be created. 4. Funding is available in the Parks and Recreation Commission’s FY 2012 Budget to cover this expense. 5. The budget is amended in the General Funds as follows to the FY 2012 - 2014 Adopted Budget: GENERAL FUND (#10100) Revenues FY 2012 FY 2013 FY 2014 4030601-116181-632093 Sher. Spec. Deputy $ 13,995 $ 13,995 $ 13,995 Total Revenues $ 13,995 $ 13,995 $ 13,995 Expenditures 4030601-116181-702010 Salaries $ 9,330 $ 9,330 $ 9,330 4030601-116181-712020 Overtime 4,041 4,041 4,041 4030601-116181-722790 Social Sec. 135 135 135 4030601-116181-722750 Workers Comp 116 116 116 4030601-116181-722820 Unemployment 35 35 35 4030601-116181-722770 Retirement 338 338 338 Total Expenditures $ 13,995 $ 13,995 $ 13,995 FINANCE COMMITTEE (The vote for this motion appears on page 585.) *MISCELLANEOUS RESOLUTION #11254 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: PROSECUTING ATTORNEY – FISCAL YEAR 2012 CRIME VICTIM RIGHTS GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan, Department of Community Health has awarded the Oakland County Office of the Prosecuting Attorney Victim Rights grant funding in the amount of $188,900 for the period of October 1, 2011 through September 30, 2012; and WHEREAS this is the twentieth (20th) year of grant acceptance for this program; and Commissioners Minutes Continued. October 20, 2011 583 WHEREAS the Fiscal Year 2012 award is the same as the Fiscal Year 2011 award amount and there is no grant match required; and WHEREAS the purpose of this grant is to comply with the mandates set forth in the Michigan Constitution and the Crime Victim’s Rights Act; and WHEREAS this yearly grant is a fixed amount, and represents only partial reimbursement of the Victim Services program; and WHEREAS the Prosecuting Attorney’s Office is mandated by law to perform the Victim Rights function regardless of grant reimbursement; and WHEREAS this grant award includes continued partial reimbursement funding of salaries and fringe benefits, for three (3) GFGP Victim Advocate positions (#4010101-135170-05783, 05785, and 07183) and one (1) GFGP Victim Rights Supervisor position (#4010101-135170-05784); and WHEREAS the grant award has been processed through the County Executive Contract Review Process and the Board of Commissioners’ Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts grant funding from the State of Michigan, Department of Community Health in the amount of $188,900 for the period of October 1, 2011 through September 30, 2012. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant award and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original application as approved. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Grant Review Sign Off – Prosecuting Attorney, Grant Agreement Between Michigan Department of Community Health hereinafter referred to as the “Department” and County of Oakland – Prosecutor’s Office, Michigan Department of Community Health FY 11/12 Agreement Addendum A, Part II General Provisions, Attachment A Statement of Work Prosecutor – Victim Rights Programs, Program Budget Summary, Program Budget – Cost Detail Schedule – Attachment B.2, Attachment C, Attachment D and Attachment E Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #11254) BY: Finance Committee, Tom Middleton, Chairperson IN RE: PROSECUTING ATTORNEY – FISCAL YEAR 2012 CRIME VICTIMS RIGHTS GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above named Miscellaneous Resolution and finds: 1. The Prosecuting Attorney is requesting the acceptance of the Fiscal Year 2012 Crime Victim Rights Grant. 2. The grant award of $188,900 for the period of October 1, 2011 through September 30, 2012 is the same as the Fiscal Year 2011 award. There is no County match required. 3. The grant funds partially reimburse the costs of salaries, fringe benefits, supplies and materials for three (3) GFGP Victim Advocate positions, and one (1) GFGP Victim Rights Supervisor position, which are included in the FY 2012 – 2014 Adopted Budget. 4. No budget amendment is recommended. FINANCE COMMITTEE (The vote for this motion appears on page 585.) *MISCELLANEOUS RESOLUTION #11255 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: PROSECUTING ATTORNEY – FISCAL YEAR 2012 VICTIM ADVOCACY PROGRAM - VICTIMS OF CRIME ACT (VOCA) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Commissioners Minutes Continued. October 20, 2011 584 WHEREAS the State of Michigan, Department of Community Health has awarded to the Oakland County Office of the Prosecuting Attorney Victims of Crime Act (VOCA) grant funding for the period of October 1, 2011 through September 30, 2012; and WHEREAS this is the twelfth (12th) year of grant acceptance for this program; and WHEREAS the purpose of this grant is to expand and enhance local services available to crime victims regarding their safety, rights, dignity, crisis intervention, court accompaniment, agency referrals, assistance with compensation, and support services; and WHEREAS this grant funds one (1) Victim Advocate position who will provide on site services to crime victims in all courts in Oakland County; and WHEREAS the Fiscal Year 2012 application amount of $203,975 resulted in an award of $83,710; and WHEREAS the State contribution is $66,968 (80%), the County contribution is $16,742 (20%) and is in the form of in-kind Prosecuting Attorney Office staff position cost; and WHEREAS the FY2012 award amount of $83,710 is the same as the FY2011 award amount; the FY 2011 cash match requirement of $6,583 is now met by all in-kind contribution; and WHEREAS this award allows for the continuation of one (1) FTE SR grant funded Victim Advocate position (# 4010101-135170-09647) and the continuation of in-kind Prosecuting Attorney Office staff position cost contribution; and WHEREAS the grant award has been processed through the County Executive Contract Review Process and the Board of Commissioners Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts grant funding from the State of Michigan, Department of Community Health in the amount of $66,968 and recognizes Prosecuting Attorney Office staff position cost as County contribution of $16,742 to meet the match requirement for the period of October 1, 2011 through September 30, 2012. BE IT FURTHER RESOLVED that one (1) FTE SR grant funded Victim Advocate position (# 4010101- 135170-09647) is continued, but only partially funded by grant funds. BE IT FURTHER RESOLVED that in-kind Prosecuting Attorney Office staff position cost be recognized to meet the County match contribution; with no cash match requirement. BE IT FURTHER RESOLVED that continuation of this program is contingent upon continued grant funding. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant award and to approve any grant extensions or changes, within fifteen percent (15%) of the original award. 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 – Prosecuting Attorney – Revised, Grant Agreement Between Michigan Department of Community Health hereinafter referred to as the “Department” and County of Oakland for Prosecutor’s Victim Advocacy Program Part I, Michigan Department of Community Health FY 11/12 Agreement Addendum A, Part II General Provisions, Attachment A Statement of Work FY 2011-2012, Attachment B Budget Detail FY 2011-2012, Attachment C Performance and Progress Report Requirement FY 2011-2012, Attachment D Fiscal Year Expenditure and Program Report FY 2011-2012, Attachment E Victims of Crime ACT Victim Assistance Grant Assurances FY 2011-2012 Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #11255) BY: Finance Committee, Tom Middleton, Chairperson IN RE: PROSECUTING ATTORNEY – FISCAL YEAR 2012 VICTIM ADVOCACY PROGRAM – VICTIMS OF CRIME ACT (VOCA) 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 Prosecuting Attorney has been awarded $83,710 for the Fiscal Year 2012 Victims of Crime Act (VOCA) Grant. 2. The Fiscal Year 2012 award is for the same amount as the Fiscal Year 2011 award. Commissioners Minutes Continued. October 20, 2011 585 3. The State’s contribution is $66,968 (80%) and the County’s contribution is $16,742 (20%). The County contribution is in the form of in-kind Prosecuting Attorney Office staff position cost. 4. Total program costs is increased to $87,779 due to significant changes in fringe benefit cost between the application and the acceptance of this grant, a funding shortfall of $20,811 is realized. The Prosecuting Attorney has chosen to address this shortfall by a one-time reduction of General Fund budgets for Personal Mileage Expense (Account #731346) of $10,000 and a reduction to Printing Expense (Account #731388) of $10,811 and transfer this amount to the grant fund budget (Fund #27325). 5. In addition to the match requirements, the County is expected to incur $4,061 in administrative and support costs, which have been included in the Fiscal Year 2012 Adopted Budget. This grant does not allow for recovery of those costs. 6. The grant resolution continues to fund one (1) SR FTE position #4010101-135170-09647 Victim Advocate and recognizes in-kind Prosecuting Attorney Office staff position cost to meet the match requirement in the amount $16,742. 7. The grant cash match was replaced by in-kind for the FY 2012 grant award. 8. The FY 2012 General Fund (#10100) and Special Revenue Fund (#27325) Budgets are amended as follows to recognize the grant award and transfer General Fund monies from the Prosecutor’s FY 2012 Budget to the grant fund to offset the shortfall: FY 2012 FY 2012 Adopted FY 2012 Amended Budget Amendment Budget GENERAL FUND (#10100) Expenditures 4010201-135170-731346 Personal Mile $ 31,796 ($ 10,000) $ 21,796 4010101-135170-731388 Printing $ 59,564 ($ 10,811) $ 48,753 4010101-135170-788001-27325 Transfers Out 0 $ 20,811 $ 20,811 Total General Fund Expenditures $ 91,360 $ -0- $ 91,360 VOCA GRANT FUND (#27325) Revenues 4010201-135170-610313 Grants Federal $ 66,968 $ 0 $ 66,968 4010201-135170-695500 Transfers In $ 17,671 $ 3,140 $ 20,811 Total Grant Revenues $ 84,639 $ 3,140 $ 87,779 Expenditures 4010201-135170-702010 Salary $44,144 $ 0 $ 44,144 4010201-135170-722740 Fringe Benefits 35,765 7,870 43,635 4010201-135170-731346 Personal Mileage 4,250 ( 4,250) 0 4010201-135170-777560 Radio Comm. 480 ( 480) 0 Total Grant Expenditures $ 84,639 $ 3,140 87,779 FINANCE COMMITTEE Vote on Consent Agenda: 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 resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). MISCELLANEOUS RESOLUTION #11256 BY: Finance Committee, Thomas Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – EMPLOYEE INDEMNIFICATION POLICY Commissioners Minutes Continued. October 20, 2011 586 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Employee Indemnification Policy has not been amended in some time (see MR #85339 and MR #86124); and WHEREAS the title of the current policy does not reflect all of the matters set forth in it; and WHEREAS as the result of recent cases involving the criminal indemnity provisions, it is necessary to clarify the procedures used to invoke the criminal provisions of the policy; and WHEREAS as the result of these cases, the Department of Corporation Counsel has identified procedures that will result in cost savings to the County and has set forth these procedures in a revised policy, which was approved by the Claims Review Committee on September 22, 2011. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners has determined to revise the name of the Employee Indemnification Policy to “Defense and Indemnification Policy” to accurately reflect the issues covered. BE IT FURTHER RESOLVED that the Board of Commissioners hereby approves the attached “Defense and Indemnification Policy.” BE IT FURTHER RESOLVED that said policy shall be distributed to all current employees, elected officials and officers and shall also be distributed to new hires at the time of their hiring. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Defense and Indemnification Policy on file in County Clerk’s office. The Chairperson referred the resolution to the Human Resources Committee. There were no objections. Commissioner Long stated that there were no items to report on the Regular Agenda for the General Government Committee. Commissioner Scott stated that there were no items to report on the Regular Agenda for the Human Resources Committee. MISCELLANEOUS RESOLUTION #11257 BY: Planning and Building Committee, David Potts, Chairperson IN RE: DEPARTMENTS OF FACILITIES MANAGEMENT AND HEALTH – REQUEST FOR APPROVAL OF LEASE AGREEMENT WITH THE WALLED LAKE CONSOLIDATED SCHOOL DISTRICT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is in the process of vacating the West Oakland Office Building located at 1010 East West Maple Road in the City of Walled Lake; and WHEREAS the Oakland County Health Department Administration has determined that the Women, Infants and Children Supplemental Food Program (WIC) will remain active in the Walled Lake area; and WHEREAS suitable alternative office space has been located at 615 North Pontiac Trail in a building owned by the Walled Lake Consolidated School District for use by the Health Department staff; and WHEREAS it is the recommendation of the Departments of Facilities Management and Health that the Oakland County Board of Commissioners accepts and approves the terms and conditions of the attached Lease Agreement with the Walled Lake Consolidated School District; and WHEREAS under the terms and conditions of the attached Lease Agreement, the Walled Lake Consolidated School District will be responsible and provide all building maintenance, custodial services and utilities for the building located at 615 North Pontiac Trail, Walled Lake, Michigan, 48390; and WHEREAS the County shall pay rent of $720.00 per month or $8,640.00 per year to the Walled Lake Consolidated School District for use of approximately 720-sf of office space and common areas; 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 as tenant and the Walled Lake Consolidated School District as landlord. Commissioners Minutes Continued. October 20, 2011 587 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 Walled Lake Consolidated School District, 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 Lease Agreement and Exhibit A Incorporated by Reference. Original on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #11258 BY: Planning and Building Committee, David Potts, Chairperson IN RE: FACILITIES MANAGEMENT AND HEALTH & HUMAN SERVICES – AUTHORIZATION FOR CHILDREN’S VILLAGE BUILDING H (MANDY’S PLACE) WINDOW REPLACEMENT PROJECT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the windows at Children’s Village Building H are single-paned and require new sealant; and WHEREAS with double-paned replacements, the energy efficiency of the building will be improved; and WHEREAS by doing so, the comfort of the residents will be greatly improved; and WHEREAS the cost of the Mandy’s Place Window Replacement project is $73,000 with 43% of the funding from the Child Care Fund ($31,390) and 57% of the funding coming from the FM&O Fund ($41,610). NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the Children’s Village Building H (Mandy’s Place) Window Replacement Project in the amount of $73,000. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. Commissioner Runestad stated that there were no items to report on the Regular Agenda for the Public Services Committee. MISCELLANEOUS RESOLUTION #11259 BY: Commissioner Craig Covey, District #25 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION – CITY OF FERNDALE – TEN MILE ROAD HURON STREET TO CITY LIMITS - PROJECT NO. 51021 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 Commissioners Minutes Continued. October 20, 2011 588 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’s1/3 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 Ferndale, 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 Ferndale and said appropriation has been transferred to a project account; and WHEREAS the City of Ferndale 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 2012 authorized amount of Tri- Party Road Improvement funding for the City of Ferndale is $24,836. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the City of Ferndale 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 Ferndale. Chairperson, I move the adoption of the foregoing Resolution. CRAIG COVEY 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, Cost Participation Agreement, and Exhibit A Incorporated by Reference. Original on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #11260 BY: Commissioners Shelley Taub, District #16; Bill Dwyer, District #14; Mike Bosnic, District #19; John Scott, District #5; Mattie Hatchett, District #10; Nancy Quarles, District #23; Jim Nash, District #15; Gary McGillivray, District #24; Craig Covey, District #25; Janet Jackson, District #21 IN RE: PUBLIC SERVICES/ANIMAL CONTROL DIVISION – DOG TAGS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Animal Shelter sponsors a dog training program to assist at risk youth; and WHEREAS the Oakland County Animal Shelter has been presented with an opportunity to sponsor a dog training program to assist returning veterans with physical and psychological problems in need of helping re-entering society; and WHEREAS Ms. Amy Johnson along with Mr. Mark Carpenter, both Licensed Professional Counselors have developed a program which combines treatment for Post-Traumatic Stress Disorder and dog training; and WHEREAS Amy Johnson is certified in Trauma and Loss as well as a Nationally Certified Dog Trainer and founded the non-profit Teacher’s Pet: Dogs and Kids Learning Together; and WHEREAS Mark Carpenter is a former Marine Infantryman who served multiple times in Iraq and Afghanistan working security operations for various agencies and private military firms; and WHEREAS the Oakland County Animal Shelter has been asked to provide dogs that the veterans would train, foster and possibly adopt; and WHEREAS if the veterans do not choose to adopt the dog at the end of the program, the Oakland County Animal Shelter will be able to adopt a trained dog to the general public; and WHEREAS the Oakland County Veterans Division and the 52nd District Court 1st Division have agreed to participate through referrals supporting the program; and Commissioners Minutes Continued. October 20, 2011 589 WHEREAS funding is critical until grants can be attained; and WHEREAS THE Oakland County Animal Shelter would greatly benefit from this program and have available funds to seed the program for one year; and WHEREAS this is a pilot program with a sole source vendor that will provide a year-end report; and WHEREAS the Oakland County Animal Control Division is requesting no taxpayer funds for this program. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the Oakland County Animal Shelter, using funds from their Legacy Fund account to fund the “Dog Tags” Program for one year at a cost not to exceed $20,000. Chairperson, we move the adoption of the foregoing resolution. SHELLEY TAUB, BILL DWYER, MIKE BOSNIC, JOHN SCOTT, TOM MIDDLETON, CHRISTINE LONG, JIM RUNESTAD, JEFF MATIS, BETH NUCCIO, JIM NASH, BOB HOFFMAN, GARY MCGILLIVRAY, MICHAEL GINGELL, BOB GOSSELIN, KATHY CRAWFORD, DAVE POTTS, PHILIP WEIPERT, JANET JACKSON Copy of Group Proposal for “Dog Tags” Reintegration Group for War Veterans with a Purpose By: Amy Johnson and Mark Carpenter and Presented: June 30, 2011 on file in County Clerk’s office. The Chairperson referred the resolution to the Public Services Committee. There were no objections. The Board adjourned at 10:45 a.m. to the call of the Chair or November 2, 2011, at 7:00 p.m. BILL BULLARD, JR. MICHAEL J. GINGELL Clerk Chairperson