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HomeMy WebLinkAboutMinutes - 2012.03.22 - 7845162 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES March 22, 2012 Meeting called to order by Vice-Chairperson Jeff Matis at 9:35 a.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Bosnic, Covey, Crawford, Dwyer, Gershenson, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Zack. (23) EXCUSED ABSENCE WITH NOTICE: Gingell. (1) Quorum present. Invocation given by Mike Bosnic. Pledge of Allegiance to the Flag. Moved by Taub supported by Woodward the minutes of the March 7, 2012 Board Meeting be approved. A sufficient majority having voted in favor, the minutes were approved as printed. Moved by Taub supported by Hatchett the agenda be approved as printed. AYES: Covey, Crawford, Dwyer, Gershenson, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic. (23) NAYS: None. (0) A sufficient majority having voted in favor, the agenda was approved as printed. Vice-Chairperson Jeff Matis made the following statement: “A Public Hearing is now called on the Parks and Recreation Commission and Department of Facilities Management – Transfer of Oakland County Farmers’ Market and Flea Market. Is there anyone present who wishes to speak?” No one requested to speak and the Vice-Chairperson declared the Public Hearing closed. Commissioner Gershenson addressed the Board to express her approval and anticipation of the Parks and Recreation Commission and Department of Facilities Management taking over the Oakland County Farmers’ Market and Flea Market. The following people addressed the Board during public comment: Commissioner Long, Commissioner Hatchett, Randy Carr, Clarence Archibald III, Commissioner Covey and Vice-Chairperson Matis. Commissioners Minutes Continued. March 22, 2012 163 Commissioner Hatchett addressed the Board to commend Commissioner Matis for his assistance and participation in the off-site presentation of a proclamation to one of the Tuskegee Airman that was not able to attend at the last Board of Commissioners meeting. Moved by Taub supported by Woodward 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 184. The resolutions on the Consent Agenda follow (annotated by an asterisk {*}): *MISCELLANEOUS RESOLUTION #12057 BY: Finance Committee, Tom Middleton, Chairperson IN RE: TREASURER’S OFFICE - AUTHORIZATION TO BORROW AGAINST DELINQUENT 2011 REAL PROPERTY TAXES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Board of Commissioners of the County of Oakland (the "County") has heretofore adopted a resolution establishing the Oakland County Delinquent Tax Revolving Fund (the "Fund") pursuant to Section 87b of Act No. 206, Public Acts of Michigan, 1893, as amended ("Act 206"); and WHEREAS the purpose of the Fund is to allow the Oakland County Treasurer (the "County Treasurer") to pay from the Fund any or all delinquent real property taxes that are due and payable to the County and any school district, intermediate school district, community college district, city, township, special assessment district, the State of Michigan or any other political unit for which delinquent tax payments are due; and WHEREAS it is hereby determined to be necessary for the County to borrow money and issue its notes for the purposes authorized by Act 206, particularly Sections 87c, 87d and 87g thereof; and WHEREAS it is estimated that the total amount of unpaid 2011 delinquent real property taxes (the "delinquent taxes") outstanding on March 1, 2012, will be approximately $125,000,000, exclusive of interest, fees and penalties. NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland, State of Michigan, as follows: Authorization of Borrowing 1. Pursuant to and in accordance with the provisions of Act 206, Public Acts of Michigan, 1893, as amended, and especially Sections 87c, 87d and 87g thereof, the County shall borrow the sum of not to exceed twenty-five million dollars ($25,000,000) and issue its notes (the "notes") therefor for the purpose of continuing the Fund for the 2011 tax year. The exact amount to be borrowed shall not exceed the amount of delinquent taxes outstanding on March 1, 2012, exclusive of interest, fees and penalties. The County Treasurer shall designate the exact amount to be borrowed after the amount of the 2011 delinquent taxes outstanding on March 1, 2012, or the portion of the 2011 delinquent taxes against which the County shall borrow, has been determined. Note Details 2. Pursuant to provisions of applicable law and an order of the County Treasurer, which order is hereby authorized, the notes may be issued in one or more series; shall be known as "General Obligation Limited Tax Notes, Series 2012" with a letter designation added thereto if the notes are issued in more than one series; shall be in fully registered form in denominations not exceeding the aggregate principal amounts for each maturity of the notes; shall be sold for not less than 98% of the face amount of the notes; shall bear interest at fixed or variable rates not to exceed the maximum interest rate permitted by applicable law; shall be dated, payable as to interest and in principal amounts, be subject to redemption in whole or in part prior to maturity, including any redemption premiums, and be subject to renewal, at such times and in such amounts, all as shall be designated in the order of the County Treasurer. Notes or portions of notes called for redemption shall not bear interest after the redemption date, provided funds are on hand with the note registrar and paying agent to redeem the same. Notice of redemption shall be given in the manner prescribed by the County Treasurer, including the number of days’ notice of redemption and whether such notice shall be written or published, or both. If any notes of Commissioners Minutes Continued. March 22, 2012 164 any series are to bear interest at a variable rate or rates, the County Treasurer is hereby further authorized to establish by order, and in accordance with law, a means by which interest on such notes may be set, reset or calculated prior to maturity, provided that such rate or rates shall at no time be in excess of the maximum interest rate permitted by applicable law. Such rates may be established by reference to the minimum rate that would be necessary to sell the notes at par; by a formula that is determined with respect to an index or indices of municipal obligations, reported prices or yields on obligations of the United States or the prime rate or rates of a bank or banks selected by the County Treasurer; or by any other method selected by the County Treasurer. Payment of Principal and Interest 3. The principal of and interest on the notes shall be payable in lawful money of the United States from such funds and accounts as provided herein. Principal shall be payable upon presentation and surrender of the notes to the note registrar and paying agent when and as the same shall become due, whether at maturity or earlier redemption. Interest shall be paid to the owner shown as the registered owner on the registration books at the close of business on such date prior to the date such interest payment is due, as is provided in the order of the County Treasurer. Interest on the notes shall be paid when due by check or draft drawn upon and mailed by the note registrar and paying agent to the registered owner at the registered address, or by such other method as determined by the County Treasurer. Note Registrar and Paying Agent 4. The County Treasurer shall designate, and may enter into an agreement with, a note registrar and paying agent for each series of notes that shall be the County Treasurer or a bank or trust company that is qualified to act in such capacity under the laws of the United States of America or the State of Michigan. The County Treasurer may from time to time designate a similarly qualified successor note registrar and paying agent. Alternatively, the County Treasurer may serve as note registrar and paying agent if so designated by written order of the County Treasurer. Disposition of Note Proceeds 5. The proceeds of the sale of the notes shall be deposited into a separate account in the Fund and shall be used to continue the Fund. The County Treasurer shall pay therefrom and from unpledged funds in the Fund, uncommitted funds in the County General Fund and/or any other legally available funds, if the notes are sold at a discount, the full amount of the delinquent tax roll against which the County has borrowed, delivered as uncollected by any tax collector in the County and that is outstanding and unpaid on or after March 1, 2012, in accordance with the provisions of Act 206. If the notes are sold at a premium, the County Treasurer shall determine what portion of the premium, if any, shall be deposited in the 2012 Collection Account established in Section 6 hereof. 2012 Collection Account 6. There is hereby established as part of the Fund an account (hereby designated the "2012 Collection Account") into which account the County Treasurer shall place delinquent taxes against which the County has borrowed, and interest thereon, collected on and after March 1, 2012, all County property tax administration fees on such delinquent taxes, after expenses of issuance of the notes have been paid, any premium as determined pursuant to Section 5 hereof, and any amounts received by the County Treasurer from the County, the State of Michigan and any taxing unit within the County, because of the uncollectibility of such delinquent taxes. The foregoing are hereby established as funds pledged to note repayment. The County Treasurer shall designate the delinquent taxes against which the County shall borrow for each series of notes. Commissioners Minutes Continued. March 22, 2012 165 Note Reserve Fund 7. There is hereby authorized to be established by the County Treasurer a note reserve fund for the notes (the "2012 Note Reserve Fund") if the County Treasurer deems it to be reasonably required as a reserve and advisable in selling the notes at public or private sale. The County Treasurer is authorized to deposit in the 2012 Note Reserve Fund from proceeds of the sale of the notes, unpledged moneys in the Fund, uncommitted funds in the County General Fund and/or any other legally available funds, an amount not exceeding ten percent (10%) of the face amount of the notes. Security for Payment of Notes 8. All of the moneys in the 2012 Collection Account and the 2012 Note Reserve Fund, if established, and all interest earned thereon, relating to a series of notes are hereby pledged equally and ratably as to such series to the payment of the principal of and interest on the notes and shall be used solely for that purpose until such principal and interest have been paid in full. When moneys in the 2012 Note Reserve Fund, if established, are sufficient to pay the outstanding principal of the notes and the interest accrued thereon such moneys may be used to retire the notes. If more than one series of notes is issued, the County Treasurer by order shall establish the priority of the funds pledged for payment of each such series. In such case the County Treasurer may establish sub-accounts in the various funds and accounts established pursuant to the terms of this resolution as may be necessary or appropriate. Additional Security 9. Each series of notes, in addition, shall be a general obligation of the County, secured by its full faith and credit, which shall include the County's limited tax obligation, within applicable constitutional and statutory limits, and its general funds. The County budget shall provide that if the pledged delinquent taxes and any other pledged amounts are not collected in sufficient amounts to meet the payments of principal and interest due on each series of notes, the County, before paying any other budgeted amounts, will promptly advance from its general funds sufficient moneys to pay that principal and interest. The County shall not have the power to impose taxes for payment of the notes in excess of constitutional or statutory limitations. If moneys in the 2012 Collection Account and the 2012 Note Reserve Fund, if established, are not sufficient to pay the principal of and interest on the notes, when due, the County shall pay the same in accordance with this section, and may thereafter reimburse itself from the delinquent taxes collected. Release of Pledge of 2012 Collection Account 10. Upon the investment of moneys in the 2012 Collection Account in direct non-callable obligations of the United States of America in amounts and with maturities that are sufficient to pay in full the principal of and interest on the notes when due, any moneys in the 2012 Collection Account thereafter remaining may be released from such pledge created pursuant to Section 8 hereof and may be used to pay any or all delinquent real property taxes that are due the County and any school district, intermediate school district, community college district, city, township, special assessment district, the State of Michigan or any other political unit to which delinquent tax payments are due for any year or for any other purpose permitted by law. Sale of Notes 11. The County Treasurer is hereby authorized to offer the notes at public or private sale as determined by order of the County Treasurer and to do all things necessary to effectuate the sale, delivery, transfer and exchange of the notes in accordance with the provisions of this resolution. Notes of one series may be offered for sale and sold separately from notes of another series. If the notes are to Commissioners Minutes Continued. March 22, 2012 166 be sold publicly, sealed proposals for the purchase of the notes shall be received by the County Treasurer for such public sale to be held at such time as shall be determined by the County Treasurer and notice thereof shall be published in accordance with law, once in The Bond Buyer or the Detroit Legal News, both of which are hereby designated as being a publication printed in the English language and circulated in this State that carries as a part of its regular service, notices of sale of municipal bonds. Such notice shall be in the form prescribed by the County Treasurer. The County Treasurer is hereby authorized to cause the preparation of an official statement for the notes for the purpose of enabling compliance with SEC Rule 15c2-12 (the "Rule") and to do all other things necessary to enable compliance with the Rule. After the award of the notes, the County will provide copies of a final official statement (as defined in paragraph (e)(3) of the Rule) on a timely basis and in reasonable quantity as requested by the successful bidder or bidders to enable such successful bidder or bidders to comply with paragraph (b)(4) of the Rule and the rules of the Municipal Securities Rulemaking Board. Continuing Disclosure 12. The County Treasurer is hereby authorized to execute and deliver in the name and on behalf of the County (i) a certificate of the County to comply with the requirements for a continuing disclosure undertaking of the County pursuant to subsection (b)(5) or (d)(2) of the Rule, as applicable, and (ii) amendments to such certificate from time to time in accordance with the terms of such certificate (the certificate and any amendments thereto are collectively referred to herein as the "Continuing Disclosure Certificate"). The County hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. The remedies for any failure of the County to comply with and carry out the provisions of the Continuing Disclosure Certificate shall be as set forth therein. Execution and Delivery of Notes 13. The County Treasurer is hereby authorized and directed to execute the notes for the County by manual or facsimile signature and the County Treasurer shall cause the County seal or a facsimile thereof to be impressed or imprinted on the notes. Unless the County Treasurer shall specify otherwise in writing, fully registered notes shall be authenticated by the manual signature of the note registrar and paying agent. After the notes have been executed and authenticated, if applicable, for delivery to the original purchaser thereof, the County Treasurer shall deliver the notes to the purchaser or purchasers thereof upon receipt of the purchase price. Additional notes bearing the manual or facsimile signature of the County Treasurer and upon which the seal of the County or a facsimile thereof is impressed or imprinted may be delivered to the note registrar and paying agent for authentication, if applicable, and delivery in connection with the exchange or transfer of fully registered notes. The note registrar and paying agent shall indicate on each note that it authenticates the date of its authentication. The notes shall be delivered with the approving legal opinion of Dickinson Wright PLLC. Municipal Financial Consultants Incorporated, Grosse Pointe Farms, Michigan, is hereby retained to act as financial consultant and advisor to the County in connection with the sale and delivery of the Notes. Exchange and Transfer of Fully Registered Notes 14. Any fully registered note, upon surrender thereof to the note registrar and paying agent with a written instrument of transfer satisfactory to the note registrar and paying agent duly executed by the registered owner or his or her duly authorized attorney, at the option of the registered owner thereof, may be exchanged for notes of any other authorized denominations of the same aggregate principal amount and maturity date and bearing the same rate of interest as the surrendered note. Each note shall be transferable only upon the books of the County, which shall be kept for that purpose by the note registrar and paying agent, upon surrender of such note together with a written instrument of transfer satisfactory to the note registrar and paying agent duly executed by the registered owner or his or her duly authorized attorney. Commissioners Minutes Continued. March 22, 2012 167 Upon the exchange or transfer of any note, the note registrar and paying agent on behalf of the County shall cancel the surrendered note and shall authenticate, if applicable, and deliver to the transferee a new note or notes of any authorized denomination of the same aggregate principal amount and maturity date and bearing the same rate of interest as the surrendered note. If, at the time the note registrar and paying agent authenticates, if applicable, and delivers a new note pursuant to this section, payment of interest on the notes is in default, the note registrar and paying agent shall endorse upon the new note the following: "Payment of interest on this note is in default. The last date to which interest has been paid is [place date]." The County and the note registrar and paying agent may deem and treat the person in whose name any note shall be registered upon the books of the County as the absolute owner of such note, whether such note shall be overdue or not, for the purpose of receiving payment of the principal of and interest on such note and for all other purposes, and all payments made to any such registered owner, or upon his or her order, in accordance with the provisions of Section 3 hereof shall be valid and effectual to satisfy and discharge the liability upon such note to the extent of the sum or sums so paid, and neither the County nor the note registrar and paying agent shall be affected by any notice to the contrary. The County agrees to indemnify and save the note registrar and paying agent harmless from and against any and all loss, cost, charge, expense, judgment or liability incurred by it, acting in good faith and without negligence hereunder, in so treating such registered owner. For every exchange or transfer of notes, the County or the note registrar and paying agent may make a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. The note registrar and paying agent shall not be required to transfer or exchange notes or portions of notes that have been selected for redemption. Book Entry System 15. At the option of the County Treasurer and notwithstanding any provisions of this resolution to the contrary, the County Treasurer is hereby authorized to enter into an agreement with a custodian or trustee for the purpose of establishing a "book entry" system for registration of notes to be fully registered. Pursuant to the provisions of such agreement, the notes may be registered in the name of the custodian or trustee for the benefit of other persons or entities. Such agreement shall provide for the keeping of accurate records and prompt transfer of funds by the custodian or trustee on behalf of such persons or entities. The agreement may provide for the issuance by the custodian or trustee of certificates evidencing beneficial ownership of the notes by such persons or entities. For the purpose of payment of the principal of and interest on the notes, the County may deem payment of such principal and interest, whether overdue or not, to the custodian or trustee as payment to the absolute owner of such note. Pursuant to provisions of such agreement, the book entry system for the notes may be used for registration of all or a portion of the notes and such system may be discontinued at any time by the County. The note registrar and paying agent for the notes may act as custodian or trustee for such purposes. Issuance Expenses 16. Expenses incurred in connection with the issuance of the notes, including without limitation any premiums for any insurance obtained for the notes, note rating agency fees, travel and printing expenses, fees for agreements for lines of credit, letters of credit, commitments to purchase the notes, remarketing agreements, reimbursement agreements, purchase or sales agreements or commitments, or agreements to provide security to assure timely payment of the notes, fees for the setting of interest rates on the notes and bond counsel, financial advisor, paying agent and registrar fees, all of which are hereby authorized, shall be paid by the County Treasurer from County property tax administration fees on the delinquent taxes, from any other moneys in the Fund not pledged to the Commissioners Minutes Continued. March 22, 2012 168 repayment of notes and general funds of the County that are hereby authorized to be expended for that purpose. Replacement of Notes 17. Upon receipt by the County Treasurer of satisfactory evidence that any outstanding note has been mutilated, destroyed, lost or stolen, and of security or indemnity complying with applicable law and satisfactory to the County Treasurer, the County Treasurer may execute or authorize the imprinting of the County Treasurer's facsimile signature thereon and thereupon, and if applicable, a note registrar or paying agent shall authenticate and the County shall deliver a new note of like tenor as the note mutilated, destroyed, lost or stolen. Such new note shall be issued and delivered in exchange and substitution for, and upon surrender and cancellation of, the mutilated note or in lieu of and in substitution for the note so destroyed, lost or stolen in compliance with applicable law. For the replacement of authenticated notes, the note registrar and paying agent shall, for each new note authenticated and delivered as provided above, require the payment of expenses, including counsel fees, which may be incurred by the note registrar and paying agent and the County in the premises. Any note issued under the provisions of this Section in lieu of any note alleged to be destroyed, lost or stolen shall be on an equal basis with the note in substitution for which such note was issued. Chargebacks 18. For any principal payment date of the notes on or after January 1, 2015, the delinquent taxes on property foreclosed and sold pursuant to the provisions of Act 206 and against which the County has borrowed shall, if necessary to ensure full and timely payment of principal of and interest on the notes when due, be charged back to the taxing jurisdictions in such manner as determined by the County Treasurer. The proceeds of such chargebacks shall be deposited in the 2012 Collection Account as security for payment of the notes as described in Section 8 hereof. The provisions of this section shall not limit the authority of the County Treasurer under the laws of the State of Michigan to charge back delinquent taxes under other circumstances or at other times. Purchase of Notes by County 19. All or any portion of the notes may be purchased or otherwise acquired by the County if the County Treasurer by order deems such purchase or acquisition to be in the best interest of the County. In such case, the County Treasurer is authorized to take such actions to effectuate the purchase or acquisition, including without limitation entering into an agreement to purchase or repurchase the notes. The purchase or other acquisition of notes by or on behalf of the County does not cancel, extinguish or otherwise affect the notes and the notes shall be treated as outstanding notes for all purposes of this resolution until paid in full. Issuance of Refunding Notes 20. The County shall refund all or part of the notes authorized hereunder and/or notes previously issued by the County to continue the Fund for prior tax years if and as authorized by order of the County Treasurer through the issuance of refunding notes (the "Refunding Notes") in an amount to be determined by order of the County Treasurer. Proceeds of the Refunding Notes may be used to redeem such notes and to pay issuance expenses of the Refunding Notes as authorized and described in Section 16 hereof. The County Treasurer shall have all the authority with respect to the Refunding Notes as is granted to the County Treasurer with respect to the notes by the other Sections hereof, including the authority to select a note registrar and paying agent, to apply to the Michigan Department of Treasury for Commissioners Minutes Continued. March 22, 2012 169 approval to issue the Refunding Notes, if necessary, to cause the preparation of an official statement and to do all other things necessary to sell, execute and deliver the Refunding Notes. The Refunding Notes shall contain the provisions, shall be payable as to principal and interest and shall be secured as set forth herein and as further ordered by the County Treasurer. The Refunding Notes may be sold as a separate issue or may be combined in a single issue with other obligations of the County issued pursuant to the provisions of Act 206 as shall be determined by the County Treasurer. The County Treasurer is authorized to prescribe the form of Refunding Note and the form of notice of sale, if any, for the sale of Refunding Notes. Form of Notes 21. The notes shall be in the form approved by the County Treasurer, which approval shall be evidenced by the County Treasurer’s execution thereof. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE (The vote for this motion appears on page 184.) *REPORT (MISC. #12054) BY: General Government Committee – Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – RECOGNIZING NATIONAL COUNTY GOVERNMENT MONTH IN OAKLAND COUNTY – APRIL 2012 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered the above titled resolution on March 12, 2012, hereby recommends that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I recommend acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #12054 BY: Commissioners Mattie Hatchett, District #10; Marcia Gershenson, District #17; Philip Weipert, District #8; Shelley Taub, District #16; Gary McGillivray, District #24; John Scott, District #5 IN RE: BOARD OF COMMISSIONERS – RECOGNIZING NATIONAL COUNTY GOVERNMENT MONTH IN OAKLAND COUNTY – APRIL 2012 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the nation’s 3,066 counties provide a variety of essential public services to communities serving 300 million Americans; and WHEREAS Oakland County takes seriously its responsibility to protect and enhance the health, welfare and safety of its residents in sensible and cost-effective ways; and WHEREAS county governments are essential to America’s healthcare system and are unique in their responsibility to both finance and deliver health services through public hospitals and clinics, local health departments, long-term care facilities, mental health services and substance abuse treatment, and coverage programs for the uninsured; and WHEREAS National Association of Counties President Lenny Eliason is encouraging counties to promote healthy living and lifestyle choices in communities across the country through his 2011-12 “Healthy Counties” presidential initiative; and WHEREAS each year since 1991 the National Association of Counties has encouraged counties across the country to actively promote their own programs and services to the public they serve. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby proclaims the month of April 2012, as National County Government Month in Oakland County and encourage all County officials, employees, schools and residents to participate in county government celebration activities. Commissioners Minutes Continued. March 22, 2012 170 BE IT FURTHER RESOLVED as part of the celebration of National County Government Month, the Oakland County Board of Commissioners will host the annual Youth in Government Day Program, in which local high school students are invited to meet with their County Commissioner and learn about county government. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners welcomes the Youth in Government participants as they continue along their pathway to become our future leaders. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to the Michigan Association of Counties and the National Association of Counties. Chairperson, we move the adoption of the foregoing Resolution. MATTIE HATCHETT, MARCIA GERSHENSON, JIM NASH, PHILIP WEIPERT, CHRISTINE LONG, SHELLEY TAUB, GARY MCGILLIVRAY, JOHN SCOTT, DAVE WOODWARD, HELAINE ZACK, NANCY QUARLES, DAVID POTTS, JANET JACKSON, MIKE BOSNIC, BOB GOSSELIN, BOB HOFFMAN, BETH NUCCIO, TOM MIDDLETON, JIM RUNESTAD, KATHY CRAWFORD, BILL DWYER (The vote for this motion appears on page 184.) *FISCAL REPORT (MISC. #12058) BY: Finance Committee, Thomas Middleton, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION – FISCAL YEAR 2011/2012 HURON VALLEY SCHOOL DISTRICT SERVICE AGREEMENT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having considered the above titled resolution on March 15, 2012, hereby recommends the following amendment: The 3rd WHEREAS statement and the NOW THEREFORE BE IT RESOLVED paragraphs should reflect $2,610 instead of $2,600. Chairperson, on behalf of the Finance Committee, I move the acceptance of the foregoing amendment. FINANCE COMMITTEE MISCELLANEOUS RESOLUTION #12058 BY: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION - FISCAL YEAR 2011/2012 HURON VALLEY SCHOOL DISTRICT SERVICE AGREEMENT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS for Fiscal Year 2011/2012, the Huron Valley School District (HVS) requests to enter into a service agreement with the Oakland County Health Division to assist in conducting a groundwater monitoring program that includes sampling from certain residences located near HVS’s Bogie Lake Campus Wastewater Treatment Plant In White Lake Township, Oakland County, Michigan; and WHEREAS the services referenced above are for one (1) year; and WHEREAS the Fiscal Year 2011/2012 HVS Service Agreement reflects a total potential funding amount of $2,600; and WHEREAS no personnel changes are requested for the Service Agreement; and WHEREAS this Service Agreement has been reviewed by the County’s Corporation Counsel and Risk Management and has been recommended for approval. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Huron Valley School District’s Agreement in the total amount of $2,600, beginning on the day of acceptance and ending one year later. Commissioners Minutes Continued. March 22, 2012 171 BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the Service Agreement and approve changes and extensions 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 Service Agreement Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #12058) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION, FISCAL YEAR 2011/2012 HURON VALLEY SCHOOL DISTRICT SERVICE AGREEMENT 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. Oakland County will assist the Huron Valley School District in conducting a groundwater monitoring program that includes sampling from certain residences located near the Huron Valley School District’s Bogie Lake Campus Wastewater Treatment Plant in White Lake Township. 2. The County has contracted with the Huron Valley School District for one year in order to assess the confined aquifer that is used for drinking water by the nearby residents, as well as to assist in developing and/or refining future soil boring/monitoring well drilling. 3. The County shall be compensated for performing its services on a per sample basis at a rate of $90 per sample collected, with twenty- nine (29) proposed residential wells, which totals to $2,610 in anticipated revenue for FY 2012. 4. There are no additional positions required with this agreement. 5. The FY 2012 Budget is amended as follows: GENERAL FUND (#10100) FY2012 Budget Revenues 1060220-134220-631799 Health Division - Reimb Contracts $ 2,610 9010101-196030-665882 Non-Dept - Planned Use of Balance ( 2,610) Total Revenues $ 0 FINANCE COMMITTEE (The vote for this motion appears on page 184.) *MISCELLANEOUS RESOLUTION #12015 BY: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION – REVISION OF OAKLAND COUNTY SANITARY CODE, ARTICLE I To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Article I provides General Provisions of the Oakland County Sanitary Code; and WHEREAS the Health Division has the regulatory authority for the enforcement of the Oakland County Sanitary Code; and WHEREAS the Health Division and Corporation Counsel have reviewed the penalty for the violation of the Oakland County Sanitary Code; and WHEREAS Article I has not been adjusted since 1950; and WHEREAS the penalty being recommended for adjustments are included in Section 5 of the attached Article I. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the revision of Article I of the Oakland County Sanitary Code. Commissioners Minutes Continued. March 22, 2012 172 Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Oakland County Health Division Sanitary Code Article I General Provisions on file in County Clerk’s office. FISCAL NOTE (MISC. #12015) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION – REVISION OF OAKLAND COUNTY SANITARY CODE, ARTICLE I 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: There is no financial impact to the Oakland County Health’s Division budget as a result of approving the revision of Article I of the Oakland County Sanitary Code. FINANCE COMMITTEE (The vote for this motion appears on page 184.) *MISCELLANEOUS RESOLUTION #12016 BY: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION – ADOPTION OF ARTICLE XI, SEWAGE DISPOSAL SYSTEM INSTALLER LICENSING, OF THE OAKLAND COUNTY SANITARY CODE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County Government places the highest priority on protecting the health and safety of our residents; and WHEREAS the proper disposal of sanitary sewage is fundamental to individual, public and community health; and WHEREAS over a quarter million residents depend on onsite sewage disposal systems for their daily living needs; and WHEREAS the Department of Environmental Quality has recommended the Health Division approve the installation, construction, alteration and/or repair of any onsite sewage disposal system by competent individuals; and WHEREAS an education, training and licensure program for onsite sewage disposal system installers is key to the success of restoring and maintaining the quality of ground and surface waters; and WHEREAS the membership of the Oakland County Septic Installer Association have voted and support the adoption of the proposed Article XI to require licensure of sewage disposal system installers and proposed fees; and WHEREAS the fees proposed for the administration of the proposed Article XI are listed in the attached schedule. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the adoption of the attached Article XI, Sewage Disposal System Installer Licensing, as a revision of the Oakland County Sanitary Code. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves the adoption of the attached proposed fees for the administration of Article XI, Sewage Disposal System Installer Licensing. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Commissioners Minutes Continued. March 22, 2012 173 Copy of Oakland County Health Division Article XI (Septic Installer Licensing) Fee Schedule and Oakland County Health Division Sanitary Code Article XI Sewage Disposal System Installer Licensing on file in County Clerk’s office. FISCAL NOTE (MISC. #12016) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION – ADOPTION OF ARTICLE XI, SEWAGE DISPOSAL SYSTEM INSTALLER LICENSING OF THE OAKLAND COUNTY SANITARY CODE 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. To help restore and maintain the quality of ground and surface waters and to protect the public health and general welfare of the people, the Health Division is requesting the establishment of fees for an education, training and licensure program of onsite sewage disposal system installers. 2. The Department of Environmental Quality has recommended the Health Division approve the installation, construction, alteration, and/or repair of any onsite sewage disposal system by competent individuals. 3. The recommended fees for administration of the Oakland County Health Division Sanitary Code Article XI Sewage Disposal System Installer Licensing are listed per the attached detail. 4. It is requested that the fee schedule be effective 45 days after the adoption by the Board of Commissioners. 5. The total anticipated revenues for FY 2012 are $7,500. The total anticipated revenues for FY 2013 and beyond are $5,500. 6. The FY 2012, FY 2013 and FY 2014 Budgets are amended as follows: GENERAL FUND (#10100) FY2013- FY2012 FY2014 Budget Budget Revenues 1060220-134080-630259 Class Fees $ 2,500 $ 500 1060220-134080-631106 Licenses $ 5,000 $ 5,000 9010101-196030-665882 Planned Use of Balance ($ 7,500) ($ 5,500) Total Revenues $ 0 $ 0 FINANCE COMMITTEE (The vote for this motion appears on page 184.) *MISCELLANEOUS RESOLUTION #12049 BY: Human Resources Committee, John Scott, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT - SALARY ADMINISTRATION PLAN 1st QUARTERLY REPORT FOR FY2012 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Salary Administration Plan approved by the Board of Commissioners for Salary Grades 1 - 21 provides a process for departments and employees to request a review of the salary grade placement of classifications; and WHEREAS the 1st Quarterly Report for FY 2012 identifies the job studies conducted and the salary grade changes recommended by the Human Resources Department after completion of this review process; and WHEREAS funding is available in the Classification and Rate Change fund to implement GF/GP salary grade changes resulting from this Salary Administration Plan Quarterly Report recommendation; and WHEREAS funding is available in the Parks & Recreation Fund to implement PR salary grade changes resulting from this Salary Administration Plan Quarterly Report recommendation. Commissioners Minutes Continued. March 22, 2012 174 NOW THEREFORE BE IT RESOLVED that the Oakland Board of Commissioners authorizes implementation of the Salary Administration Plan 1st Quarterly Report for FY 2012, which includes the following classification changes: Salary Grade Total Points FLSA Status Classification From To From To From To Chief – Sheriff Communications To new title: Chief - Emergency Management Operations 13 17 457 572 Non-Exempt Exempt P&R Communication Supervisor To new title: Supervisor – P&R Marketing & Communications 13 14 448 478 Non-Exempt Non-Exempt Natural Resources Planner 11 11 390 398 Non-Exempt Non-Exempt Chairperson, on behalf of the Human Resources Committee, I move the adoption of the foregoing resolution HUMAN RESOURCES COMMITTEE FISCAL NOTE (MISC. #12049) BY: Finance Committee, Tom Middleton, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT – SALARY ADMINISTRATION PLAN 1st QUARTERLY REPORT FOR FY2012 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1) The Human Resources Department, with approval from the Board of Commissioners, provides a process for departments and employees requesting a review of the salary grade placement classifications for Grades 1 – 21. 2) One (1) General Fund Chief – Sheriff Communications will be given a new title, Chief – Emergency Management Operations and upgraded from a grade 13 to a grade 17 at an annual cost of $22,602 and $11,805 for the remainder of FY 2012 for salaries and fringe benefits. 3) The Parks & Recreation Communication Supervisor will be given a new title, Supervisor – Parks & Recreation Marketing & Communications and upgraded from a grade 13 to a grade 14 at an annual cost of $4,939 and $2,580 for the remainder of FY2012 for salaries and fringe benefits. 4) The Natural Resources Planner will remain salary grade 11. 5) Funding is available in the Parks & Recreation Fund to implement the Parks and Recreation Supervisor salary upgrade. 6) Position upgrades and reclassification will be effective March 22, 2012. 7) The FY 2012, FY 2013, and FY2014 Budget are amended for the General Fund position as follows: General Fund (#10100) FY 2012 FY 2013 FY 2014 Expenditures 9090101-196030-740037 Non-Dept – Class & Rate Change ($11,805) ($22,602) ($22,602) 4030510-116230-702010 Salaries 7,870 15,740 15,740 4030510-116230-722750 Workers Comp 98 195 195 4030510-116230-722760 Group Life 35 69 69 4030510-116230-722770 Retirement 3,141 5,266 5,266 4030510-116230-722820 Unemployment 35 78 78 4030510-116230-722790 FICA 602 1,204 1,204 4030510-116230-722810 Disability 24 50 50 Total Expenditures $ 0 $ 0 $ 0 FINANCE COMMITTEE Commissioners Minutes Continued. March 22, 2012 175 (The vote for this motion appears on page 184.) *FISCAL REPORT (MISC. #12052) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS – WASTE RESOURCE MANAGEMENT – APPROVAL OF 2012 NO HAZ INTERLOCAL AGREEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having considered the above titled resolution on March 15, 2012 hereby recommends the following amendment: In 10th WHEREAS statement, add Waterford Township. Chairperson, on behalf of the Finance Committee, I move the acceptance of the foregoing report. FINANCE COMMITTEE MISCELLANEOUS RESOLUTION #12052 BY: Planning and Building Committee, David Potts, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS – WASTE RESOURCE MANAGEMENT – APPROVAL OF 2012 NO HAZ INTERLOCAL AGREEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County and its northern municipalities are committed to protection of the natural environment and preventing toxic materials from entering our waterways and landfill resources; and WHEREAS the improper handling and disposal of toxic and poisonous household chemicals poses a health risk to our citizens; and WHEREAS recognizing there is a need to provide regular and easily accessible household hazardous waste collection services to North Oakland residents; and WHEREAS collection events for household hazardous waste are widely accepted as the best way to provide citizens with a safe way to dispose of these toxic and poisonous household chemicals, meet Phase II Stormwater Protection requirements, encourage pollution prevention and enhance environmental health and safety in the home; and WHEREAS Oakland County, through its Waste Resource Management Division has facilitated the creation of the North Oakland Household Hazardous Waste Consortium (NO HAZ); and WHEREAS participating municipalities in North Oakland County have appointed an official representative to the NO HAZ Consortium Board; and WHEREAS the NO HAZ Consortium has developed a household hazardous waste collection program; and WHEREAS the municipalities recognize and agree that absent an agreement with the County, the County has no obligation to facilitate such a program; and WHEREAS the County’s Corporation Counsel has reviewed and approved an Interlocal Agreement between the County and a number of municipalities in North Oakland County for the creation of a program to collect household hazardous waste; and WHEREAS to date, the following municipalities have approved the Interlocal Agreement: Addison Township, Groveland Township, City of Lake Angelus, Oakland Township, Oxford Township, Orion Township, City of Rochester, City of Rochester Hills; and WHEREAS the Interlocal Agreement requires participating municipalities to fully reimburse the County for all costs it incurs in connection with the NO HAZ program. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached Interlocal Agreement and authorizes the Chairperson of the Board of Commissioners to sign the Agreement with all municipalities who have signed the Interlocal Agreement and passed a resolution in support thereof. Chairperson, on behalf of the Planning & Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Commissioners Minutes Continued. March 22, 2012 176 Copy of North Oakland County Household Hazardous Waste Interlocal Agreement between Oakland County and [Name of Municipality] Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #12052) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS – WASTE RESOURCE MANAGEMENT – APPROVAL OF 2012 NO HAZ INTERLOCAL AGREEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced Miscellaneous Resolution and finds: 1. The North Oakland Household Hazardous Waste Consortium (NO HAZ) provides household hazardous waste collection services to residents of northern Oakland County. 2. The resolution approves the 2012 NO HAZ Interlocal Agreement and authorizes the Chairperson of the Board of Commissioners to sign the Agreement with all municipalities who have signed the Interlocal Agreement and passed a resolution in support thereof. 3. The Interlocal Agreement requires participating municipalities to fully reimburse the County for all costs incurred in connection with the NO HAZ Program. 4. The FY 2012 Budget includes anticipated revenue and expenditure appropriations for the 2012 NO HAZ Program. Therefore, no General Fund/General Purpose amendment is required. FINANCE COMMITTEE (The vote for this motion appears on page 184.) *MISCELLANEOUS RESOLUTION #12053 BY: Planning and Building Committee, David Potts, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – APPROVAL AND ACCEPTANCE OF LEASE AGREEMENT WITH MICHIGAN BELL TELEPHONE COMPANY (AT & T MICHIGAN), EQUIPMENT ROOM, OAKLAND COUNTY COURTHOUSE BASEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Bell Telephone Company (A T & T Michigan) has provided and operated the County’s Centrex telephone system and related features and equipment from the basement of the Oakland County Courthouse since 1988; and WHEREAS the County presently operates its own primary telephone system; and WHEREAS the Centrex telephone system, as provided and operated by the Michigan Bell Telephone Company, is presently utilized as a back-up telephone system; and WHEREAS the Department of Facilities Management, with the assistance of Corporation Counsel, has negotiated the terms and conditions of the attached new lease with representatives of the Michigan Bell Telephone Company (d/b/a A T & T Michigan); and WHEREAS pursuant to the terms and conditions of said lease the agreement states that in lieu of rent the Michigan Bell Telephone Company will continue to use approximately 1,348-sf (gross) of equipment room space in the basement of the Oakland County Courthouse for the purpose of providing, operating and maintaining an emergency backup telephone system, and the County will furnish all lighting, heat and electricity; and WHEREAS the term of the lease shall commence on March 20, 2012, and shall expire on March 19, 2017, unless terminated pursuant to the terms of the attached lease agreement; and WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached lease agreement and recommend its approval. 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 Michigan Bell Telephone Company (d/b/a AT&T Michigan). 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, which may be required between the County of Oakland and the Michigan Bell Telephone Company (d/b/a A T & T Michigan). Commissioners Minutes Continued. March 22, 2012 177 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 Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #12053) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – APPROVAL AND ACCEPTANCE OF LEASE AGREEMENT WITH MICHIGAN BELL TELEPHONE COMPANY (AT & T MICHIGAN), EQUIPMENT ROOM, OAKLAND COUNTY COURTHOUSE BASEMENT 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 Michigan Bell Telephone Company (AT&T Michigan) for use of approximately 1,348 gross square feet of equipment room space in the basement of the Oakland County Courthouse. 2. AT&T Michigan has provided and operated the County’s Centrex telephone system since 1988, which is presently used as an emergency back-up telephone system to the County’s present telephone service provider. 3. Pursuant to terms and conditions of the lease, in lieu of rent, AT&T Michigan will continue to use the equipment room space in the basement of the Courthouse for the purpose of providing, operating, and maintaining an emergency back-up telephone system for the County. 4. The County will furnish all utilities for the equipment room space. 5. The term of the lease will commence March 20, 2012 and will expire March 19, 2017. 6. No budget amendment is required. FINANCE COMMITTEE (The vote for this motion appears on page 184.) *MISCELLANEOUS RESOLUTION #12059 BY: Planning and Building Committee, David Potts, Chairperson IN RE: DEPARTMENT OF CENTRAL SERVICES – OAKLAND COUNTY INTERNATIONAL AIRPORT – 2012 GRANT PROGRAM ACCEPTANCE – REHABILITATE TERMINAL APRON - DESIGN; INSTALL FENCING (SE AREA) - DESIGN; REHABILITATE TAXIWAY (NORTH HANGAR AREA) - DESIGN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is in receipt of Michigan Department of Transportation Grant Contract No. 2012-0316, Federal Project No. F-26-0079-7211, for Federal funds in the amount of $114,950, and State funds in the amount of $3,025, for the development and improvement of Oakland County International Airport; and WHEREAS the project consists of Rehabilitating Terminal Apron-Design; Installing Fencing (SE Area) – Design; Rehabilitating Taxiway (North Hangar Area) – Design at Oakland County International Airport; and WHEREAS the Michigan Department of Transportation shall act as agent on behalf of the County in the administration of the project; and WHEREAS the development project, as offered and approved by the Michigan Department of Transportation, requires a local grant match of $3,025, which is available from the airport fund; and WHEREAS the Airport Committee has reviewed the project and recommends acceptance of the grant contract; and WHEREAS the attached contract has been approved in accordance with the County Executive’s review process; and WHEREAS no application was request from Oakland County; therefore, the application provisions of M.R. #95098, do not apply. Commissioners Minutes Continued. March 22, 2012 178 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the grant contract in an amount not to exceed $121,000, which includes a local grant match of $3,025, which is available from the airport fund. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners is authorized to execute the grant contract. 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 – Central Services/Aviation Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #12059) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF CENTRAL SERVICES – OAKLAND COUNTY INTERNATIONAL AIRPORT – 2012 GRANT PROGRAM ACCEPTANCE – REHABILITATE TERMINAL APRON - DESIGN; INSTALL FENCING (SE AREA) - DESIGN; REHABILITATE TAXIWAY (NORTH HANGAR AREA) - DESIGN 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. Oakland County has received Michigan Department of Transportation Grant Contract No. 2012- 0316, Federal Project No. F-26-0079-7211, for Federal funds in the amount of $114,950, State funds in the amount of $3,025 and a required local grant match of $3,025 for the development and improvement of Oakland County International Airport. 2. The project consists of Rehabilitating Terminal Apron-Design; Installing Fencing (SE Area)- Design; Rehabilitating Taxiway (North Hangar Area)-Design at Oakland County International Airport. 3. The Airport Committee has reviewed the project and recommends acceptance of the grant contract. 4. Target date for project completion is 36 months from the date of the award. 5. The total cost of the project is $121,000 with $114,950 of the cost from Federal funds, $3,025 of the cost from State funds, and $3,025 from the Airport fund resources for the grant match. 6. The Michigan Department of Transportation shall act as agent on behalf of the County in the administration of the project. 7. No General fund appropriation is required. Funding is available within the Airport Fund. FINANCE COMMITTEE (The vote for this motion appears on page 184.) *REPORT (MISC. #12060) BY: Human Resources Committee, John Scott, Chairperson IN RE: PARKS AND RECREATION COMMISSION AND DEPARTMENT OF FACILITIES MANAGEMENT – TRANSFER OF OAKLAND COUNTY FARMERS’ MARKET AND FLEA MARKET To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee having reviewed the aforementioned resolution on March 14, 2012 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 #12060 BY: Planning and Building Committee, David Potts, Chairperson IN RE: PARKS AND RECREATION COMMISSION AND DEPARTMENT OF FACILITIES MANAGEMENT – TRANSFER OF OAKLAND COUNTY FARMERS’ MARKET AND FLEA MARKET Commissioners Minutes Continued. March 22, 2012 179 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS acting pursuant to 1923 P.A. 60, as amended by 1952 P.A. 131, the Oakland County Board of Commissioners established the Oakland County Farmers’ Market (Farmers’ Market); and WHEREAS upon the adoption of the Optional Unified Form of County Government Act, 1973 P.A. 139, (Act 139) pursuant to Section 13 of Act 139, the Farmers’ Market operation was placed under the operational control of the County Executive, Department of Facilities Management, Facilities Maintenance & Operations (FM&O) Division; and WHEREAS acting under the authority of 2009 Public Act 158, the Oakland County Board of Commissioners adopted Miscellaneous Resolution #09328 authorizing the establishment of the Oakland County Flea Market (Flea Market) with said market being placed under the control of the County Executive pursuant to MCL 46.193(2); and WHEREAS under the authority of 1965 P.A. 261, the Oakland County Board of Commissioners established the Oakland County Parks and Recreation Commission (OCPRC), with said Commission being under the general control of the Board of Commissioners; and WHEREAS Section 8 of 1965 P.A. 261, MCL 46.358, grants OCPRC the authority, in the name of the County, to acquire property by agreement for public parks, preserves and recreation centers; and WHEREAS the County Executive and OCPRC believe that consolidation of the operation and control of both the Farmers’ Market and the Flea Market under the management of OCPRC presents Oakland County with the opportunity to provide cost-effective, long term sustainability for both Farmers’ Market and Flea Market operations, while also providing a unique opportunity for the continued growth and development of both markets as part of a comprehensive recreation, conservation and agricultural preservation program; and WHEREAS the operation and management of the Farmers’ Market and Flea Market aligns with all aspects of the OCPRC mission statement by encouraging healthy lifestyles, supporting economic prosperity, and promoting the protection of natural resources, while at the same time providing high quality recreational experiences; and WHEREAS in order to further the development of this unique recreational, economic, conservation and preservation opportunity, the County Executive offers to transfer to OCPRC his functions under MCL 46.193(2) in regard to the Flea Market; and WHEREAS the County Executive’s authority to agree to the transfer of his administrative and control functions over the Flea Market is rooted in 1963 Const. art VII, § 28, in 1967 P.A. 8, and/or in 1973 P.A. 139, MCL 45.546; and WHEREAS under Section 14 of Act 139, MCL 45.564(a), upon a majority vote of the Board of Commissioners and the affirmative recommendation of the elected County Executive, and following a public hearing, the Board of Commissioners may transfer the function of operating the Farmers’ Market from the County Executive to OCPRC; and WHEREAS a preliminary business plan to transfer the Farmers’ Market and Flea Market to OCPRC was presented and approved by OCPRC at its February 1, 2012 meeting; and WHEREAS under OCPRC-approved preliminary business plan, OCPRC, on behalf of the County, will be entitled to receive in support of market operations 100% of all Farmers’ Market and Flea Market revenues and will be responsible for all future maintenance and improvements to the Farmers’ Market and Flea Market building/structures, both inside and out, including the parking lot; and WHEREAS as with other County operations, FM&O will bill OCPRC for utility costs and charges for requested maintenance services; and WHEREAS under the OCPRC-approved business plan, as part of the consideration for the OCPRC accepting the transfer of administrative control and responsibility for the Farmers’ Market and Flea Market, FM&O will continue to provide maintenance and grounds services at the market facility located at 2350 Pontiac Lake Road, Waterford, Michigan, at no charge to OCPRC through September 30, 2012; and WHEREAS FM&O and OCPRC will collaborate on grounds, snow plowing and other maintenance services for other properties, particularly where FM&O and OCPRC properties are adjacent to one another; and WHEREAS the Facilities Management Department is requesting to delete one (1) proprietary funded part- time eligible Market Master position in the FM&O Pontiac Market Unit #1040730-02868, effective June 2, 2012; and Commissioners Minutes Continued. March 22, 2012 180 WHEREAS it is requested to delete Unit #1040730 Pontiac Market from the Facilities Maintenance & Operations Division, Department of Facilities Management, effective June 2, 2012; and WHEREAS a new unit titled PR Oakland County Market (#5060540) be created in the Parks and Recreation Department; and WHEREAS the Parks and Recreation Department is requesting to create a new classification titled Assistant Parks Supervisor at salary grade 10, overtime non-exempt and shall be exempted from Merit Rule 2.10.1.2 and be eligible for overtime after 40 hours in a work week to accommodate a flexible work schedule due to the hours of market operations; and WHEREAS the Parks and Recreation Department is requesting to create a new proprietary funded full-time eligible Assistant Parks Supervisor position in the PR Oakland County Market Unit (#5060540). NOW THEREFORE BE IT RESOLVED that the Board of Commissioners reaffirms and acknowledges its actions to establish and maintain the Farmers’ Market and the Flea Market under Public Act 158 of 2009, MCL 46.191, et seq. BE IT FURTHER RESOLVED that the Board of Commissioners accepts and authorizes the transfer of the Farmers’ Market operation from FM&O, to OCPRC effective June 2, 2012. BE IT FURTHER RESOLVED that the Board of Commissioners, having general control of OCPRC, accepts and approves the transfer of the County Executive’s administrative and operational control functions over the Flea Market to OCPRC effective June 2, 2012. BE IT FURTHER RESOLVED that the Board of Commissioners, in accordance with the OCPRC-approved business plan, agrees that OCPRC will be entitled to receive in support of market operations 100% of all Farmers’ Market and Flea Market revenues; agrees that OCPRC will be responsible for all future maintenance and improvements to the Farmers’ Market and Flea Market buildings/structures, both inside and out, including the parking lot; agrees that, as with other County operations, FM&O will bill OCPRC for utility costs and charges for requested maintenance services; and agrees that as part of the consideration for OCPRC accepting the transfer of administrative control and responsibility for the Farmers’ Market and Flea Market, that FM&O will provide maintenance and grounds services at the market facility located at 2350 Pontiac Lake Road, Waterford, Michigan, at no charge to OCPRC through September 30, 2012. BE IT FURTHER RESOLVED that one (1) proprietary funded part-time eligible Market Master position (#1040730-02868) be deleted effective June 2, 2012. BE IT FURTHER RESOLVED that Unit #1040730 Pontiac Market, Facilities Maintenance & Operations Division, Department of Facilities Management, is deleted effective June 2, 2012. BE IT FURTHER RESOLVED that a new unit titled PR Oakland County Market (#5060540) be created in the Parks and Recreation Department. BE IT FURTHER RESOLVED that a new classification titled Assistant Parks Supervisor be created at a salary grade 10 overtime non-exempt and shall be exempted from Merit Rule 2.10.1.2 and be eligible for overtime after 40 hours in a work week. BE IT FURTHER RESOLVED that one (1) proprietary funded full-time eligible Assistant Parks Supervisor position be created in the PR Oakland County Market Unit (#5060540). BE IT FURTHER RESOLVED that the Oakland County Farmers’ Market and Flea Market, including their operations, grounds, buildings, structures and parking, hereby be referred to as the Oakland County Market. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE FISCAL NOTE (MISC. #12060) BY: Finance Committee, Tom Middleton, Chairperson IN RE: PARKS AND RECREATION COMMISSION AND DEPARTMENT OF FACILITIES MANAGEMENT – TRANSFER OF OAKLAND COUNTY FARMERS’ MARKET AND FLEA MARKET 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 transfer of the Oakland County Farmers Market and Flea Market from the County Executive, Department of Facilities Management, to the Oakland County Parks Commissioners Minutes Continued. March 22, 2012 181 and Recreation Commission (OCPRC) effective June 2, 2012 and will be referred to as the Oakland County Market. 2. Effective June 2, 2012, OCPRC will be entitled to 100% of all Oakland County Market revenues and OCPRC will be responsible for all future maintenance and improvements to the Oakland County Market buildings/structures, both inside and out, including the parking lot. 3. Effective June 2, 2012, Facilities Maintenance and Operations (FM&O) will bill OCPRC for utility costs and charges for requested maintenance services. 4. Facilities Maintenance and Operations agrees that as part of the consideration for OCPRC accepting the transfer of administrative control and responsibility for the Oakland County Market, that FM&O will provide maintenance and grounds services at the market facility located at 2350 Pontiac Lake Road, Waterford, Michigan, at no charge to OCPRC through September 30, 2012. Beyond that FM&O and OCPRC will collaborate on grounds, snow plowing and other maintenance services for other properties, particularly where FM&O and OCPRC properties are adjacent to one another. 5. One (1) proprietary funded part-time eligible Market Master position (#1040730-02868) is to be deleted effective June 2, 2012; with unit #1040730 Pontiac Market to be deleted effective June 2, 2012. 6. One (1) proprietary funded full-time eligible Assistant Parks Supervisor be created at a salary grade 10 overtime non-exempt for over 40 hours worked in a work week; new unit to be created PR Oakland County Market Unit (#5060540) effective June 2, 2012. 7. The FY 2012, FY 2013, and FY 2014 budgets are amended as follows: FM & O Fund (#63100) FY2012 FY2013 FY2014 Revenues: 1040702-132010-635025 Ext-Annual Rent ($54,000) ($57,500) ($57,500) 1040702-132010-635090 Ext-Daily Stall Rental ( 68,000) ( 99,000) ( 99,000) 1040702-132010-635225 Ext-Flea Market ( 6,000) ( 16,500) ( 16,500) 1040702-140010-631134 Maint Dept Charges 2,785 8,355 8,355 1040702-140010-665882 Planned Use of Bal 88,531 61,486 60,882 Total ($36,684) ($103,159) ($103,763) Expenditures: 1040730-132010-702010 Salaries Regular ($12,000) ($40,016) ($40,416) 1040730-132010-712020 Overtime ( 6,000) ( 17,500) ( 17,500) 1040730-132010-712040 Holiday Overtime ( 500) ( 500) ( 500) 1040730-132010-722750 Workers Comp ( 14) ( 541) ( 541) 1040730-132010-722760 Group Life 50 ( 10) ( 10) 1040730-132010-722770 Retirement ( 8,100) ( 20,002) ( 20,167) 1040730-132010-722780 Hospitalization ( 1,900) ( 3,875) ( 3,875) 1040730-132010-722790 Social Security ( 900) ( 4,716) ( 4,755) 1040730-132010-722800 Dental ( 100) ( 215) ( 215) 1040730-132010-722810 Disability ( 100) ( 137) ( 137) 1040730-132010-722820 Unemployment ( 10) ( 152) ( 152) 1040730-132010-722850 Optical ( 10) ( 17) ( 17) 1040718-140200-730786 Garbage Disposal ( 300) ( 900) ( 900) 1040730-132010-731346 Personal Mileage ( 400) ( 800) ( 800) 1040719-141000-731878 Sublet Repairs ( 1,700) ( 5,100) ( 5,100) 1040730-132010-750063 Custodial Supplies ( 250) ( 250) ( 250) 1040718-140200-750063 Custodial Supplies ( 800) ( 2,400) ( 2,400) 1040719-141000-750287 Maintenance Supplies ( 200) ( 700) ( 700) 1040730-132010-750399 Office Supplies ( 100) ( 100) ( 100) 1040730-132010-774667 Insurance Fund ( 3,100) ( 4,516) ( 4,516) 1040730-132010-778675 Telephone Comm ( 250) ( 712) ( 712) Total ($36,684) ($103,159) ($103,763) Parks & Recreation (#50800) Commissioners Minutes Continued. March 22, 2012 182 Revenues: 5060540-160500-631925 Rental Facilities 66,547 199,640 199,640 5060540-160500-632037 Sales Pro Shop 667 2,000 2,000 Total 67,214 201,640 201,640 Expenditures: 5060540-160500-702010 Salaries 18,236 54,708 54,708 5060540-160500-712020 Overtime 667 2,000 2,000 5060540-160500-722740 Fringe Benefits 17,375 47,037 47,037 5060540-160500-730198 Building Maintenance 8,092 24,275 24,275 5060540-160500-730646 Equipment Maintenance 333 1,000 1,000 5060540-160500-730653 Equipment Rental 167 500 500 5060540-160500-730786 Garbage and Rubbish Disp 367 1,100 1,000 5060540-160500-730814 Grounds Maintenance 8,933 26,800 26,800 5060540-160500-731213 Membership Dues 117 350 350 5060540-160500-731241 Miscellaneous 333 1,000 1,000 5060540-160500-731346 Personal Mileage 167 500 500 5060540-160500-731388 Printing 167 500 500 5060540-160500-732018 Travel and Conference 267 800 800 5060540-160500-750063 Custodial Supplies 919 2,757 2,757 5060540-160500-750154 Expendable Equipment 1,700 5,100 5,100 5060540-160500-750385 Merchandise 167 500 500 5060540-160500-750399 Office Supplies 83 250 250 5060540-160500-750504 Small Tools 300 900 900 5060540-160500-750511 Special Events 167 500 500 5060540-160500-750581 Uniforms 40 120 120 5060540-160500-774636 Info Tech Operations 1,000 3,000 3,000 5060540-160500-774677 Insurance Fund 1,597 4,790 4,790 5060540-160500-775754 Maintenance Department Chg 2,785 8,355 8,355 5060540-160500-778675 Telephone Communications 259 777 777 5060540-160500-730359 Contingency 2,976 14,021 14,021 67,214 201,640 201,640 FINANCE COMMITTEE (The vote for this motion appears on page 184.) *REPORT (MISC. #12030) BY: Public Services Committee, Jim Runestad, Chairperson IN RE: DEPARTMENT OF PUBLIC SERVICES/COMMUNITY CORRECTIONS DIVISION – CREATION OF THE WARM WEAR BY WWAM PROGRAM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Public Services Committee having reviewed MR #12030 on February 28, 2012 Reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Public Services Committee, I move the acceptance of the foregoing Report. PUBLIC SERVICES COMMITTEE MISCELLANEOUS RESOLUTION #12030 BY: Commissioner Shelley Taub, District #16 IN RE: DEPARTMENT OF PUBLIC SERVICES/COMMUNITY CORRECTIONS DIVISION – CREATION OF THE WARM WEAR BY WWAM PROGRAM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Weekend and Weekday Alternative for Misdemeanants (WWAM) program is a work program that may be used as an alternative to incarceration or in conjunction with some jail time; and Commissioners Minutes Continued. March 22, 2012 183 WHEREAS the WWAM program provides nonprofit and governmental agencies with “crews” of participants to perform a variety of work at no cost to the agency; and WHEREAS the WWAM program is centered around giving back to the community; and WHEREAS the WWAM program already operates a successful Community Service Garden at the Springfield Oaks County Park which donates vegetables to food pantries within Oakland County; and WHEREAS the WWAM program is starting a new project inspired by a similar program by Sister Fran Calcaterra of Waterford Our Lady of the Lakes involving the knitting and donating of hats; and WHEREAS these hats are “knitted” on a loom that requires no prior experience or specialized skills to operate; and WHEREAS some individuals referred to the WWAM program are deemed not eligible because of medical issues and are unable to participate in the work crews; and WHEREAS the making of these hats requires almost no physical exertion; and WHEREAS the making of these hats would provide these participants, as well as others, an opportunity to engage in the WWAM program; and WHEREAS the hats would be donated to local shelters and not for profit programs that serve underprivileged men, women and children within Oakland County including but not limited to Children’s Village, and Crossroad for Youth; and WHEREAS the program would require $500 for startup supplies; and WHEREAS the WWAM program would like to be able to accept donations of yarn for the program. NOW THEREFORE BE IT RESOLVED that $500 from the WWAM garden line item be transferred to a WWAM Warm Wear by WWAM line item for program startup costs. BE IT FURTHER RESOLVED that the Warm Wear by WWAM program may receive donations of yarn for the purpose of sustaining the program. Chairperson, I move the adoption of the foregoing resolution. SHELLEY TAUB, JEFF MATIS, MATTIE HATCHETT, MICHAEL GINGELL, BILL DWYER, KATHY CRAWFORD, BOB GOSSELIN, DAVID POTTS, BOB HOFFMAN, BETH NUCCIO, JIM RUNESTAD, PHILIP WEIPERT FISCAL NOTE (MISC. #12030) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF PUBLIC SERVICES/COMMUNITY CORRECTIONS DIVISION – CREATION OF THE WARM WEAR BY WWAM PROGRAM 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 approves the transfer of $500 for the Weekday Alternative for Misdemeanants (WWAM) program from a Ground Supplies line item to the Materials and Supplies line item for startup costs for the knitting of hats. 2. The hats will be donated to local shelters and not for profit programs which serve underprivileged men, women, and children within Oakland County. 3. The FY2012 Budget for Community Corrections is amended as follows: GENERAL FUND (#10100) Expenditures FY 2012 1070401-113061-750224 Ground Supp. $ (500) 1070401-113060-750294 Mat. & Supp. 500 Total Expenditures $ 0 FINANCE COMMITTEE (The vote for this motion appears on page 184.) Commissioners Minutes Continued. March 22, 2012 184 *MISCELLANEOUS RESOLUTION #12061 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: SHERIFF’S OFFICE – 2012 OFF-ROAD VEHICLE (ORV) SAFETY EDUCATION PROGRAM GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan, Department of Natural Resources (DNR), has awarded the Sheriff’s Office Marine Safety Unit $2,160 for the Off-Road Vehicle Safety Education Program; and WHEREAS the grant contract period is October 1, 2011 through September 30, 2012; and WHEREAS no county match or additional positions are required; and WHEREAS the acceptance of this grant does not obligate the County to any future commitment; and WHEREAS the continuation of the program is contingent upon future levels of reimbursement program funding. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the Department of Natural Resources 2011-2012 ORV Safety Education Program Grant Acceptance Agreement 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 no grant match is required. 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 Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #12061) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF’S OFFICE – 2012 OFF-ROAD VEHICLE (ORV) SAFETY EDUCATION 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 State of Michigan, Department of Natural Resources (DNR), has awarded the Sheriff’s Office Marine Safety Unit $2,160 for an Off-Road Vehicle Safety Education Program. 2. The grant period is from October 1, 2011 through September 30, 2012. 3. The DNRE provides $15 per trained/certified ORV student; the estimated number of students is 144. 4. No County match or additional positions are required. 5. The FY 2012 budget is amended as follows: GENERAL FUND (#10100) FY 2012 Revenue 9010101-196030-665882 Non-Dept – Planned Use of Fund Bal ($ 2,160) 4030601-116200-615571 Sheriff- Marine Safety - Grants State $ 2,160 Total Revenue $ 0 FINANCE COMMITTEE Vote on Consent Agenda: AYES: Crawford, Dwyer, Gershenson, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic, Covey. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). Commissioners Minutes Continued. March 22, 2012 185 Commissioner Middleton stated that there were no items to report on the Regular Agenda for the Finance Committee. 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 #12062 BY: Planning and Building Committee, David Potts, Chairperson IN RE: WATER RESOURCES COMMISSIONER – REQUEST FOR APPROVAL OF PROFESSIONAL SERVICES CONTRACT WITH BEN LEWIS, P.E., FORMER COUNTY EMPLOYEE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in accordance with the provisions of Miscellaneous Resolution #93300 – Professional Services Contracts with former County employees, the Oakland County Water Resources Commissioner is required to obtain approval by the Board of Commissioners and the Human Resources and Finance Committees to enter into a contract for professional engineering services; and WHEREAS the Water Resources Commissioner has determined that professional engineering services are necessary on a temporary basis due to the demands on current senior professional engineering staff assigned to the Oakland - Macomb Interceptor project for the next several years; and WHEREAS the Water Resources Commissioner has evaluated the scope of the project and has determined that the requirements exceed the ability to use current staff; and WHEREAS a Request for Qualifications (RFQ) to provide professional engineering services was advertised by the Purchasing Department and nine responses were received. The responses have been evaluated using the criteria as stated in the RFQ with Ben Lewis, P.E., receiving the top ranking; and WHEREAS the Water Resources Commissioner is interested in contracting professional engineering services with Ben Lewis, Professional Engineer, and a former Oakland County employee; and WHEREAS Ben Lewis, Professional Engineer, had previously worked for the Water Resources Commissioner from 1994 through 2000 and has extensive experience and expertise in civil engineering; and WHEREAS the Water Resources Commissioner has compared the cost of similar professional engineering services from seven engineering consultants currently under contract with the County and the rates submitted as part of the RFQ and has determined that the cost savings by entering into this contract when compared to the engineering consultant rates for senior level professional engineering staff would be on the order of 30%; and WHEREAS the Water Resources Commissioner, as County Agent for the Sewage Disposal Systems owned and operated by the County, and as under contract with numerous municipalities for the operations and maintenance of local sewage disposal and drinking water systems, is obligated to perform the work as detailed in the Scope of Services portion of the contract. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the request by the Water Resources Commissioner to enter into the professional services contract attached hereto with Ben Lewis, a former Oakland County employee. 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 Professional Services Contract Incorporated by Reference. Original on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. Commissioners Minutes Continued. March 22, 2012 186 MISCELLANEOUS RESOLUTION #12063 BY: Planning and Building Committee, David Potts, Chairperson IN RE: DEPARTMENTS OF FACILITIES MANAGEMENT/SHERIFF’S OFFICE - APPROVAL AND ACCEPTANCE OF LEASE AGREEMENT WITH AERODYNAMICS INCORPORATED FOR USE OF HANGAR SPACE FOR STORAGE OF HELICOPTERS AT 6544 HIGHLAND ROAD, WATERFORD, MICHIGAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolutions Numbers 00211 and 01315 the Oakland County Sheriff’s Department acquired two helicopters for the purposes of providing public safety and patrol support services throughout Oakland County; and WHEREAS pursuant to Miscellaneous Resolutions Numbers 06085 and 09070 the helicopters have been housed at the Oakland County International Airport in Hangar Number 2 at 6544 Highland Road, Waterford, Michigan; and WHEREAS at the present time no adequate County-owned facility exists at the Oakland County International Airport, which would accommodate storage, fuel and office space requirements for the said helicopters and aviation staff; and WHEREAS the administrative staff of the Departments of the Sheriff and Facilities Management, with the assistance of Oakland County Corporation Counsel, have negotiated the terms and conditions of the attached Hangar Lease Agreement; and WHEREAS it is the recommendation of the Departments of the Sheriff and Facilities Management that the Oakland County Board of Commissioners accept and approve the terms and conditions of the attached Hangar Lease Agreement; and WHEREAS under the terms and conditions of the attached Hangar Lease Agreement, the Aerodynamics Corporation will provide adequate storage, fuel and office space in its Hangar Number 2 facility located at 6544 Highland Road at the Oakland County International Airport for a term of three years commencing March 1, 2012 at a rental rate of $425.00 per month per helicopter plus fuel cost; and WHEREAS under the terms and conditions of the attached Hangar Lease Agreement, the County has the option to extend the initial term of the lease an additional three years at a rental rate of $475.00 per month per helicopter; and WHEREAS the Departments of the Sheriff, 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 Hangar Lease Agreement for use of part of Hangar Number 2 at 6544 Highland Road at the Oakland County International Airport, Waterford, Michigan between the County of Oakland and Aerodynamics Incorporated. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Hangar Lease Agreement and all other related documents between the County of Oakland and Aerodynamics Incorporated, 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 Aerodynamics Incorporated Hangar Lease 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 #12064 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: SHERIFF’S OFFICE – CONTRACT FOR AUXILIARY DEPUTY SERVICES IN THE CITY OF ORCHARD LAKE 2012 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is policy of the Oakland County Board of Commissioners to permit the Sheriff’s Office to enter into contracts with local units of government for the purpose of providing Sheriff patrol services; and Commissioners Minutes Continued. March 22, 2012 187 WHEREAS Miscellaneous Resolution #11242 adopted October 20, 2011. Established the standard law enforcement services overtime rates for the period 2012; and WHEREAS the City of Orchard Lake has requested that the Oakland County Sheriff provide patrol services to the citizens if the City for special events within the City; and WHEREAS the City of Orchard Lake has requested that a contract for special events on an overtime basis for regular deputies be authorized; and WHEREAS this contract also involves the support of PTNE Mounted Deputies to patrol areas that are not accessible by other forms of transportation; and WHEREAS the Sheriff has agreed to contract for this service with the City of Orchard Lake; and WHEREAS this contract has been through the County Executive review process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached contract with the City of Orchard Lake for special events at rates established by this Board. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board to sign the agreement. BE IT FURTHER RESOLVED that this contract will take effect on April 1, 2012. BE IT FURTHER RESOLVED that one (1) GF/GP PTNE 240 hours/year Mounted Deputy position (4030616-11188) be continued in the Sheriff’s Office/Patrol Services/Contracted Patrol-Parks. BE IT FURTHER RESOLVED that the continuation of this position be contingent on future contract renewal. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Contract for Auxiliary Sheriff’s Deputy Services for the City of Orchard Lake Village Incorporated by Reference. Original on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #12065 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: SHERIFF'S OFFICE - PAINT CREEK TRAILWAYS CONTRACT FOR LAW ENFORCEMENT SERVICES FOR THE 2012, 2013, 2014 SEASONS 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 Patrol Services; and WHEREAS the Paint Creek Trailways Commission has requested a contract between the County and Paint Creek Trailways for Law Enforcement Patrol Services for the 2012, 2013, 2014 seasons; and WHEREAS the Sheriff's Office, in conjunction with the Paint Creek Trailways, is proposing to contract for services per the attached agreement for Part Time Non-Eligible Mounted Deputies; and WHEREAS the rates for the 2012, 2013, and 2014 season are included in the contract and the Department of Management and Budget is in agreement; and WHEREAS Corporation Counsel has approved this contract. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board and the Oakland County Sheriff to enter into the attached agreement with the Paint Creek Trailways for the purpose of Law Enforcement Patrol Services at the rates included in the attached contract. BE IT FURTHER RESOLVED that continuation of the additional 500 hours added per M.R. #06129 are contingent upon renewal of this agreement. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Paint Creek Trailways Contract for Sheriff Law Enforcement Services 2012 – 2014 Incorporated by Reference. Original on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. Commissioners Minutes Continued. March 22, 2012 188 MISCELLANEOUS RESOLUTION #12066 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: SHERIFF'S OFFICE – MARINE PATROL SERVICES AGREEMENT IN THE TOWNSHIP OF ADDISON - 2012 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is policy of the Oakland County Board of Commissioners to permit the Sheriff’s Office to enter into contracts with local units of government for the purpose of providing Sheriff patrol services; and WHEREAS the Township of Addison has requested that the Oakland County Sheriff provide marine patrol services to the citizens of the Township for lakes in the Township; and WHEREAS the Township of Addison has requested that a contract for marine patrol be authorized; and WHEREAS the Sheriff has agreed to contract for this service with the Township of Addison; and WHEREAS this contract has been through the County Executive review process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached contract with the Township of Addison for Marine Patrol. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board to sign the agreement. BE IT FURTHER RESOLVED that one (1) GF/GP part-time non-eligible (PTNE) 125 hours/year Marine Safety Deputy I position (#4030635-10942) be continued in the Sheriff’s Office/Patrol Services/Marine Safety Unit and contingent upon the level of funding associated with this contract. BE IT FURTHER RESOLVED that this contract will take effect on May 21, 2012. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Oakland County Sheriff’s Office 2012 Marine Patrol Services Agreement with the Township of Addison 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 #12067 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: SHERIFF'S OFFICE – MARINE PATROL SERVICES AGREEMENT IN THE CHARTER TOWNSHIP OF COMMERCE - 2012 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is policy of the Oakland County Board of Commissioners to permit the Sheriff’s Office to enter into contracts with local units of government for the purpose of providing Sheriff patrol services; and WHEREAS the Charter Township of Commerce has requested that the Oakland County Sheriff provide marine patrol services to the citizens of the Township for lakes in the Township; and WHEREAS the Charter Township of Commerce has requested that a contract for marine patrol be authorized; and WHEREAS the Sheriff has agreed to contract for this service with the Charter Township of Commerce; and WHEREAS this contract has been through the County Executive review process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached contract with the Charter Township of Commerce for Marine Patrol. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board to sign the agreement. BE IT FURTHER RESOLVED that one (1) GF/GP part-time non-eligible (PTNE) 250 hours/year Marine Safety Deputy I position (#4030635-10949) be continued in the Sheriff’s Office/Patrol Services/Marine Safety Unit and contingent upon the level of funding associated with this contract. BE IT FURTHER RESOLVED that this contract will take effect on May 21, 2012. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Commissioners Minutes Continued. March 22, 2012 189 Copy of Oakland County Sheriff’s Office 2012 Marine Patrol Services Agreement with the Charter Township of Commerce 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 #12068 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: SHERIFF'S OFFICE – MARINE PATROL SERVICES AGREEMENT IN THE CHARTER TOWNSHIP OF HIGHLAND - 2012 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is policy of the Oakland County Board of Commissioners to permit the Sheriff’s Office to enter into contracts with local units of government for the purpose of providing Sheriff patrol services; and WHEREAS the Charter Township of Highland has requested that the Oakland County Sheriff provide marine patrol services to the citizens of the Township for lakes in the Township; and WHEREAS the Charter Township of Highland has requested that a contract for marine patrol be authorized; and WHEREAS the Sheriff has agreed to contract for this service with the Charter Township of Highland; and WHEREAS this contract has been through the County Executive review process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached contract with the Charter Township of Highland for Marine Patrol. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board to sign the agreement. BE IT FURTHER RESOLVED that one (1) GF/GP part-time non-eligible (PTNE) 250 hours/year Marine Safety Deputy I position (#4030635-10961) be continued in the Sheriff’s Office/Patrol Services/Marine Safety Unit and contingent upon the level of funding associated with this contract. BE IT FURTHER RESOLVED that this contract will take effect on May 21, 2012. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Oakland County Sheriff’s Office 2012 Marine Patrol Services Agreement with the Charter Township of Highland 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 #12069 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: SHERIFF'S OFFICE – MARINE PATROL SERVICES AGREEMENT IN THE CHARTER TOWNSHIP OF INDEPENDENCE - 2012 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is policy of the Oakland County Board of Commissioners to permit the Sheriff’s Office to enter into contracts with local units of government for the purpose of providing Sheriff patrol services; and WHEREAS the Charter Township of Independence has requested that the Oakland County Sheriff provide marine patrol services to the citizens of the Township for lakes in the Township; and WHEREAS the Charter Township of Independence has requested that a contract for marine patrol be authorized; and WHEREAS the Sheriff has agreed to contract for this service with the Charter Township of Independence; and WHEREAS this contract has been through the County Executive review process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached contract with the Charter Township of Independence for Marine Patrol. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board to sign the agreement. Commissioners Minutes Continued. March 22, 2012 190 BE IT FURTHER RESOLVED that one (1) GF/GP part-time non-eligible (PTNE) 125 hours/year Marine Safety Deputy I position (#4030635-11201) be continued in the Sheriff’s Office/Patrol Services/Marine Safety Unit and contingent upon the level of funding associated with this contract. BE IT FURTHER RESOLVED that this contract will take effect on May 21, 2012. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Oakland County Sheriff’s Office 2012 Marine Patrol Services Agreement with the Charter Township of Independence 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 #12070 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: SHERIFF'S OFFICE – MARINE PATROL SERVICES AGREEMENT IN THE CITY OF ORCHARD LAKE VILLAGE - 2012 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is policy of the Oakland County Board of Commissioners to permit the Sheriff’s Office to enter into contracts with local units of government for the purpose of providing Sheriff patrol services; and WHEREAS the City of Orchard Lake Village has requested that the Oakland County Sheriff provide marine patrol services to the citizens of the City for lakes in the City; and WHEREAS the City of Orchard Lake Village has requested that a contract for marine patrol be authorized; and WHEREAS the Sheriff has agreed to contract for this service with the City of Orchard Lake Village; and WHEREAS this contract has been through the County Executive review process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached contract with the City of Orchard Lake Village for Marine Patrol. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board to sign the agreement. BE IT FURTHER RESOLVED that one (1) GF/GP part-time non-eligible (PTNE) 250 hours/year Marine Safety Deputy I position (#4030635-10948) be continued in the Sheriff’s Office/Patrol Services/Marine Safety Unit and contingent upon the level of funding associated with this contract. BE IT FURTHER RESOLVED that this contract will take effect on May 21, 2012. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Oakland County Sheriff’s Office 2012 Marine Patrol Services Agreement with the City of Orchard Lake Village 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 #12071 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: SHERIFF'S OFFICE – MARINE PATROL SERVICES AGREEMENT IN THE CHARTER TOWNSHIP OF ORION - 2012 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is policy of the Oakland County Board of Commissioners to permit the Sheriff’s Office to enter into contracts with local units of government for the purpose of providing Sheriff patrol services; and WHEREAS the Charter Township of Orion has requested that the Oakland County Sheriff provide marine patrol services to the citizens of the Township for lakes in the Township; and WHEREAS the Charter Township of Orion has requested that a contract for marine patrol be authorized; and WHEREAS the Sheriff has agreed to contract for this service with the Charter Township of Orion; and WHEREAS this contract has been through the County Executive review process. Commissioners Minutes Continued. March 22, 2012 191 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached contract with the Charter Township of Orion for Marine Patrol. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board to sign the agreement. BE IT FURTHER RESOLVED that one (1) GF/GP part-time non-eligible (PTNE) 640 hours/year Marine Safety Deputy I position (#4030635-10943) be continued in the Sheriff’s Office/Patrol Services/Marine Safety Unit and contingent upon the level of funding associated with this contract. BE IT FURTHER RESOLVED that this contract will take effect on May 21, 2012. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Oakland County Sheriff’s Office 2012 Marine Patrol Services Agreement with the Charter Township of Orion 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 #12072 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: SHERIFF'S OFFICE – MARINE PATROL SERVICES AGREEMENT IN THE CHARTER TOWNSHIP OF WEST BLOOMFIELD - 2012 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is policy of the Oakland County Board of Commissioners to permit the Sheriff’s Office to enter into contracts with local units of government for the purpose of providing Sheriff patrol services; and WHEREAS the Charter Township of West Bloomfield has requested that the Oakland County Sheriff provide marine patrol services to the citizens of the Township for lakes in the Township; and WHEREAS the Charter Township of West Bloomfield has requested that a contract for marine patrol be authorized; and WHEREAS the Sheriff has agreed to contract for this service with the Charter Township of West Bloomfield; and WHEREAS this contract has been through the County Executive review process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached contract with the Charter Township of West Bloomfield for Marine Patrol. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board to sign the agreement. BE IT FURTHER RESOLVED that two (2) GF/GP part-time non-eligible (PTNE) 1,700 hours/year Marine Safety Deputy I positions (#4030635-10945 and 10946) be continued in the Sheriff’s Office/Patrol Services/Marine Safety Unit and contingent upon the level of funding associated with this contract. BE IT FURTHER RESOLVED that this contract will take effect on May 21, 2012. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Oakland County Sheriff’s Office 2012 Marine Patrol Services Agreement with the Charter Township of West Bloomfield 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 #12073 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: SHERIFF'S OFFICE – MARINE PATROL SERVICES AGREEMENT IN THE CHARTER TOWNSHIP OF WHITE LAKE - 2012 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is policy of the Oakland County Board of Commissioners to permit the Sheriff’s Office to enter into contracts with local units of government for the purpose of providing Sheriff patrol services; and WHEREAS the Charter Township of White Lake has requested that the Oakland County Sheriff provide marine patrol services to the citizens of the Township for lakes in the Township; and Commissioners Minutes Continued. March 22, 2012 192 WHEREAS the Charter Township of White Lake has requested that a contract for marine patrol be authorized; and WHEREAS the Sheriff has agreed to contract for this service with the Charter Township of White Lake; and WHEREAS this contract has been through the County Executive review process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached contract with the Charter Township of White Lake for Marine Patrol. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board to sign the agreement. BE IT FURTHER RESOLVED that one (1) GF/GP part-time non-eligible (PTNE) 250 hours/year Marine Safety Deputy I position (#4030635-10962) be continued in the Sheriff’s Office/Patrol Services/Marine Safety Unit and contingent upon the level of funding associated with this contract. BE IT FURTHER RESOLVED that this contract will take effect on May 21, 2012. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Oakland County Sheriff’s Office 2012 Marine Patrol Services Agreement with the Charter Township of White Lake 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 #12074 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: SHERIFF'S OFFICE – MARINE PATROL SERVICES AGREEMENT IN THE CHARTER TOWNSHIP OF WATERFORD - 2012 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is policy of the Oakland County Board of Commissioners to permit the Sheriff’s Office to enter into contracts with local units of government for the purpose of providing Sheriff patrol services; and WHEREAS the Charter Township of Waterford has requested that the Oakland County Sheriff provide marine patrol services to the citizens of the Township for lakes in the Township; and WHEREAS the Charter Township of Waterford has requested that a contract for marine patrol be authorized; and WHEREAS the Sheriff has agreed to contract for this service with the Charter Township of Waterford; and WHEREAS this contract has been through the County Executive review process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached contract with the Charter Township of Waterford for Marine Patrol. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board to sign the agreement. BE IT FURTHER RESOLVED that one (1) GF/GP part-time non-eligible (PTNE) 250 hours/year Marine Safety Deputy I be created in the Sheriff’s Office/Patrol Services /Marine Safety Unit and contingent upon the level of funding associated with this contract. BE IT FURTHER RESOLVED that this contract will take effect on May 21, 2012. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Oakland County Sheriff’s Office 2012 Marine Patrol Services Agreement with the Charter Township of Waterford Incorporated by Reference. Original on file in County Clerk’s office. The Chairperson referred the resolution to the Human Resources Committee and the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #12018 BY: Human Resources Committee, John Scott, Chairperson IN RE: BOARD OF COMMISSIONERS - OAKLAND COUNTY ETHICS POLICY To the Oakland County Board of Commissioners Commissioners Minutes Continued. March 22, 2012 193 Chairperson, Ladies and Gentlemen: WHEREAS the people of the state of Michigan demand all public officials adhere to high ethical standards and mandated in Article XI, §1 of the Michigan Constitution that all officers, legislative, executive and judicial, before entering upon the duties of their respective offices, take and subscribe the following oath or affirmation: I do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of this State, and that I will faithfully discharge the duties of the office of_________ according to the best of my ability; and WHEREAS Oakland County government has long acknowledged that our citizens are entitled to complete confidence in the integrity of their government and have required that those who administer and deliver public services adhere to high standards of conduct in keeping with the fiduciary responsibility inherent in public service positions; and WHEREAS Michigan statutory law expressly demands that all public officers and employees conduct themselves ethically in accordance with law; and WHEREAS the Michigan legislature has adopted a series of laws specifically regulating public servant conduct relating to conflicts of interest, incompatible public offices, contracts of public servants with public entities, setting standards of conduct for public employees, governing political activities by public employees, the Michigan Election Law, the Campaign Finance Act, the Conflicts of Interest by County Commissioners Act and the Appointments or Employment of Members of County Board by Other County Officers or Bodies Act; and WHEREAS the Michigan legislature also adopted dozens of criminal statutes that regulate and punish public officials and employees for unethical conduct amounting to bribery, corruption, perjury, extortion, larceny, embezzlement, false pretenses, racketeering, conspiracy, forgery, uttering and publishing, and 16 other acts specifically set forth in Chapter IXX of the Penal Code that are criminal if done by public officers or employees; and WHEREAS penalties for ethical lapses that violate these laws range from 90 days in jail to 4, 10 and 20 year felony prison sentences, include life imprisonment for some racketeering convictions and also provide for fines and loss of employment; and WHEREAS on October 11, 1990, the Oakland County augmented these extensive state constitutional and regulatory provisions by adopting Miscellaneous Resolution #90244 setting forth Standards of Conduct for Oakland County Officers and Employees; and WHEREAS MCL 45.556(b) grants Oakland County legal authority to enact an ethics policy as long as the policy relates to county affairs, does not contravene the general laws of the state and does not interfere with the local affairs of a township, city, or village within the limits of the county; and WHEREAS the Oakland County Board of Commissioners and elected officials desire to again affirm their commitment to ethical conduct in the execution of their public duties by adopting a restated ethics policy; and WHEREAS Miscellaneous Resolution #11002 authorized the creation of an Ethics Ad Hoc Committee to review the Oakland County Merit Rules, as they pertain to ethics and report their findings; and WHEREAS the Ethics Ad Hoc Committee has met with Representatives from the County Administration to formulate an updated Ethics Policy to replace the current Standard of Conduct Policy for County Officials, Employees, Appointees and Volunteers; and WHEREAS enactment of the attached Oakland County Ethics Policy as recommended by the Ethics Ad Hoc Committee will affirm that Oakland County Government remains committed to the Ethical Administration of County functions. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners adopts the attached Oakland County Ethics Policy to update and replace the current Standards of Conduct For Oakland County Officers and Employees. BE IT FURTHER RESOLVED that the Oakland County Ethics Policy shall become effective when the requisite notice and other procedural requirements required under law are met and that said policy shall be distributed to all current Employees, Elected Officials, Officers, Appointees and Volunteers and shall also be distributed to new hires at the time of their hiring. Chairperson, on behalf of the Human Resources Committee, I move the adoption of the foregoing resolution. HUMAN RESOURCES COMMITTEE Moved by Nash supported by Covey to discharge the resolution from the Finance Committee. Commissioners Minutes Continued. March 22, 2012 194 Discussion followed. Vote on Discharge: AYES: Gershenson, Hatchett, Jackson, McGillivray, Nash, Quarles, Woodward, Zack, Covey, Dwyer. (10) NAYS: Gosselin, Hoffman, Long, Matis, Middleton, Nuccio, Potts, Runestad, Scott, Taub, Weipert, Bosnic, Crawford. (13) A sufficient majority having not voted in favor, the motion to discharge failed. Moved by Hatchett supported by Woodward to reschedule the March 27, 2012 Board of Commissioners meeting. Discussion followed. Vote on motion to reschedule: AYES: Hatchett, Jackson, McGillivray, Nash, Quarles, Woodward, Zack, Covey, Gershenson. (9) NAYS: Hoffman, Long, Matis, Middleton, Nuccio, Potts, Runestad, Scott, Taub, Weipert, Bosnic, Crawford, Dwyer, Gosselin. (14) A sufficient majority having not voted in favor, the motion to reschedule failed. MISCELLANEOUS RESOLUTION #12075 BY: Commissioner John Scott, District #5; Marcia Gershenson, District #17; Jim Nash, District #15 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR SEMCOG’S SUSTAINABLE COMMUNITY RECOGNITION PROGRAM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County seeks to improve the long-term sustainability of our community; and WHEREAS Oakland County seeks to achieve economic prosperity while protecting the environment and providing a high quality of life for residents; and WHEREAS Oakland County seeks to inform residents about innovative initiatives being implemented in our community; and WHEREAS the Southeast Michigan Council of Governments (SEMCOG) assists local governments in Southeast Michigan by making them more efficient and effective, and WHEREAS the SEMCOG Sustainable Community Recognition Program is available at no additional cost and provides an opportunity for improving and recognizing the county’s long-term sustainability activities; and WHEREAS Oakland County seeks to maximize SEMCOG membership dues by using services available to member local governments. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, hereby commits Oakland County to participate in the SEMCOG Sustainable Community Recognition Program. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby designates James VerPloeg, Director of Administration for the Board of Commissioners, as the primary contact from our community for this program. BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward copies of this adopted resolution to SEMCOG and the Michigan Association of Counties. Chairperson, we move the adoption of the foregoing resolution. JOHN SCOTT, DAVID POTTS, JIM NASH, BOB HOFFMAN, MARCIA GERSHENSON, PHILIP WEIPERT, HELAINE ZACK, MIKE BOSNIC, CRAIG COVEY, TOM MIDDLETON, MATTIE HATCHETT, JEFF MATIS, JANET JACKSON, SHELLEY TAUB, BILL DWYER, BETH Commissioners Minutes Continued. March 22, 2012 195 NUCCIO, DAVE WOODWARD, NANCY QUARLES, GARY MCGILLIVRAY The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #12076 BY: Commissioner David Potts, District #20 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION – CITY OF BLOOMFIELD HILLS – LONG LAKE ROAD AT EPPING LANE – PROJECT NO. 51221 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 Bloomfield Hills, 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 Bloomfield Hills and said appropriation has been transferred to a project account; and WHEREAS the City of Bloomfield Hills 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 Bloomfield Hills is $10,000. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the City of Bloomfield Hills 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 Bloomfield Hills. Chairperson, I move the adoption of the foregoing Resolution. DAVID POTTS 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 Programming Supervisor for the Oakland County Road Commission and Cost Participation Agreement on file in County Clerk’s office. Commissioners Minutes Continued. March 22, 2012 196 The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #12077 BY: Commissioner Jim Runestad, District #6 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR LEGISLATION MAKING LOTTERY WINNERS INELIGIBLE FOR PUBLIC ASSISTANCE To the Oakland County Board Of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS several incidents have been reported of Michigan residents remaining on Public Assistance/Food Stamps after having won lottery jackpots; and WHEREAS these incidents cause undue embarrassment to the State and, properly, outrage tax paying citizens; and WHEREAS Senate Bill 712 has been introduced to amend the Social Welfare Act to end these abuses; and WHEREAS Senate Bill 712 would require that money received from lottery winnings or other gambling winnings be taken into account when determining eligibility for public assistance and food stamps; and WHEREAS the Senate Fiscal estimated that the provisions in this bill could save up to $1.4 million from reduced federal food assistance spending in FY 2011-2012, and up to $200,000 for the Family Independence Program in one year; and WHEREAS the Oakland County Board of Commissioners support this common sense legislation. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports and urges the adoption by the Michigan Legislature of Senate Bill 712. BE IT FURTHER RESOLVED that the Oakland County Clerk send copies of this resolution to all Oakland County Senators and Representatives. Chairperson, I move the foregoing resolution. JIM RUNESTAD, BILL DWYER, PHILIP WEIPERT, BOB GOSSELIN, CRAIG COVEY, DAVID POTTS, MIKE BOSNIC, BETH NUCCIO, BOB HOFFMAN, KATHY CRAWFORD, CHRISTINE LONG The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #12078 BY: Commissioner Shelley Taub, District #12; Mike Bosnic, District #19; John Scott, District #5; Helaine Zack, District #22; Marcia Gershenson, District #17; Kathy Crawford, District #9; Tom Middleton, District #4; Craig Covey, District #25; David Potts, District #20 IN RE: BOARD OF COMMISSIONERS - OBSERVANCE OF THE DAYS OF HOLOCAUST REMEMBRANCE IN OAKLAND COUNTY – MAY 1 THROUGH MAY 8, 2012 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Holocaust was the state-sponsored, systematic persecution and annihilation of European Jewry by Nazi Germany and its collaborators between 1933 and 1945—six million Jews were murdered; Roma (Gypsies), people with disabilities, and Poles were also targeted for destruction or decimation for racial, ethnic, or national reasons; and millions more, including homosexuals, Jehovah’s Witnesses, Soviet prisoners of war, and political dissidents also suffered grievous oppression and death under Nazi tyranny; and WHEREAS the tragedy of the terrible reign of the Nazis must never be forgotten; and WHEREAS the cries of grief and pain of the survivors and the mute witness of millions of victims in mass graves will always seed renewed resolve that such brutal inhumanity of Man to Man never reoccur; and WHEREAS a key date in the history of the Holocaust is April 19, 1943, the beginning of the Warsaw ghetto uprising, when Jews resisted death camp deportation by the Nazis for 27 days; and WHEREAS this date, which in the Hebrew calendar is the twenty-seventh day of Nisan, was established in 1980, by the United States Congress as the National Holocaust Remembrance Day in memory of the victims of the Holocaust and in honor of the survivors, as well as the rescuers and liberators; and Commissioners Minutes Continued. March 22, 2012 197 WHEREAS pursuant to an Act of Congress (Public Law 96-388, October 7, 1980), the United States Holocaust Memorial Council designates the Days of Remembrance of the Victims of the Holocaust to be Sunday, May 1 through Sunday, May 8, 2012, including the Day of Remembrance known as Yom Hashoah, May 1, 2012; and WHEREAS the Oakland County Board of Commissioners desires to join in this observance to commemorate the victims of the Holocaust and express our desire that such horrors are never repeated. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby declare May 1, 2012, to be Holocaust Remembrance Day in Oakland County. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners proclaim the week of Sunday, May 1 through Sunday, May 8, 2012, as Days of Remembrance in memory of the victims of the Holocaust and in honor of the survivors, as well as the rescuers and liberators, and further proclaim that we, as citizens, should work to promote human dignity and confront hate whenever and wherever it occurs. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners joins in encouraging individuals; educational institutions and social, community, religious, labor and business organizations to pause during the observance of Days of Holocaust Remembrance to reflect upon what can happen when bigotry, indifference and hatred are tolerated in a civilized society; and to rededicate ourselves to the principles of individual freedom in a just society. BE IT FURTHER RESOLVED that copies of this adopted resolution be forwarded to the Governor, the Michigan State Legislature, the Michigan Association of Counties, the United States Holocaust Memorial Museum in Washington, DC and the Holocaust Memorial Center in Farmington Hills, MI. Chairperson, we move the adoption of the foregoing resolution. SHELLEY TAUB, MARCIA GERSHENSON, HELAINE ZACK, MIKE BOSNIC, TOM MIDDLETON, CRAIG COVEY, DAVID POTTS, JEFF MATIS, PHILIP WEIPERT, BOB HOFFMAN, DAVE WOODWARD, BETH NUCCIO, NANCY QUARLES, BILL DWYER, GARY MCGILLIVRAY, JIM NASH, CRAIG COVEY, MATTIE HATCHETT, JANET JACKSON The Chairperson referred the resolution to the General Government Committee. There were no objections. Commissioner Taub addressed the Board to express her opinion that the Board of Commissioners should speak as a body through Resolutions. MISCELLANEOUS RESOLUTION #12079 BY: Commissioner Michael Gingell, District #3; Jeff Matis, District #12; Shelley Taub, District #16; Dave Woodward, District #18 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR THE AIR NATIONAL GUARD AND RESERVE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Air National Guard provides protection of life and property, while also serving to preserve peace, order and public safety. Their missions are accomplished through emergency relief support during natural disasters such as floods, earthquakes and forest fires; search and rescue operations; support to civil defense authorities; maintenance of vital public services and counterdrug operations; and WHEREAS over the past decade, our National Guard has evolved into a cost-effective operational force that is critical to our national security and our country’s ability to respond to domestic emergencies; and WHEREAS the Air National Guard comprises twenty-one (21%) percent of the uniformed members of the total Air Force and thirty-five (35%) percent of the U.S. Air Force capacity, while having the lowest base operating expense comprising only six (6%) percent of the budget; and Commissioners Minutes Continued. March 22, 2012 198 WHEREAS the Air National Guard has the highest experience levels in the total Air Force and performs a variety of domestic missions, including transporting vital personnel, equipment and supplies during emergencies and assisting in daily drug interdiction operations; and WHEREAS the Air National Guard is the only military component that can serve both the President and our Governors and the only component underwritten by shared state-federal cost arrangements; and WHEREAS the 107th Fighter Squadron is an historic flying unit in the U.S. Air Force. After more than 40 years of operations at Detroit-Metropolitan Airport, the unit has been assigned to Selfridge since 1971. It was designated as the 107th Fighter Squadron on March 15, 1992, and began flying the A-10 Thunderbolt II on May 2, 2009; and WHEREAS bravely flying the A-10 Thunderbolt II, the 107th Fighter Squadron became known as “The Red Devils.” This squadron has served on multiple deployments in recent years, including launching aircraft to defend sovereign U.S. airspace on Sept. 11, 2001, and being deployed for Operation Iraqi Freedom in 2004 and 2007. They have been deploying A-10 fighter jets to Kandahar, Afghanistan in 2011-2012; and WHEREAS the Department of Defense has been given the task of cutting at least $487 billion in defense spending over the next ten years. We understand tough choices about military force structure must be made to secure our nation’s future; but we must also recognize that national security threats at home and abroad have not diminished; and WHEREAS as part of the reduction in the military budget, the A-10 fighter jets has been identified for removal from the Selfridge Air National Guard Base. The loss of this mission will have a serious impact on our region, resulting in the loss and/or reduction of many jobs for the dedicated men and women who are assigned to this unit from around the Southeast Michigan region; and WHEREAS the Adjutants General have urged the Senate Armed Forces Committee to delay implementation of the Air Force 2013 Budget proposal until proper review by Congress can be undertaken that utilizes a disciplined, objective, analysis-based process to find affordable and sustainable solutions that protect our national security; and WHEREAS the Macomb County Board of Commissioners have voted to request that reductions to the force structure of the Air National Guard be based on a sound, objective and analysis-based process which takes into account the need to balance costs savings while retaining the capacity to assure America’s security at home and abroad. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners recognizes that the Air National Guard is an essential partner to the State of Michigan and Oakland County in responding to domestic disasters and emergencies and respectfully requests that the U.S. Department of Defense reconsider any proposed reductions in personnel or equipment that negatively impacts the Air National Guard stationed at Selfridge Air Force Base. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby requests that reductions to the force structure of the Air National Guard be based on a sound, objective and analysis-based process which takes into account the need to balance cost savings while retaining the capacity to assure the security and best interests of our region, state and nation. BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward copies of this adopted resolution to President Barack Obama, Governor Rick Snyder, Senator John McCain, as Ranking Member of the Senate Armed Services Committee, Senator Carl Levin, Senator Debbie Stabenow, southeast Michigan’s Congressional Delegation, the Selfridge Base Community Council, the National Governor’s Association, the Clerks for the Counties of Wayne and Macomb, the Clerk for the City of Detroit, the Michigan Association of Counties, the National Association of Counties and Oakland County’s legislative lobbyists. Chairperson, we move the adoption of the foregoing resolution. MICHAEL GINGELL, JEFF MATIS, SHELLEY TAUB, DAVE WOODWARD, TOM MIDDLETON, MIKE BOSNIC, PHILIP WEIPERT, BOB HOFFMAN, BOB GOSSELIN, NANCY QUARLES, MARCIA GERSHENSON, GARY MCGILLIVRAY, JIM NASH, MATTIE HATCHETT, HELAINE ZACK, JANET JACKSON Commissioners Minutes Continued. March 22, 2012 199 Moved by Taub supported by Woodward to suspend the rules and vote on Miscellaneous Resolution #12079 – Board of Commissioners – Support for the Air National Guard and Reserve. Vote on motion to suspend the rules: AYES: Hoffman, Jackson, Long, Matis, Middleton, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic, Crawford, Dwyer, Gershenson, Gosselin, Hatchett. (20) NAYS: McGillivray, Nash, Covey. (3) A sufficient majority having voted in favor, the motion to suspend the rules and vote on Miscellaneous Resolution #12079 – Board of Commissioners – Support for the Air National Guard and Reserve carried. Moved by Taub supported by Woodward the resolution be adopted. AYES: Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic, Crawford, Dwyer, Gershenson, Gosselin, Hatchett, Hoffman. (22) NAYS: Covey. (1) A sufficient majority having voted in favor, the resolution was adopted. Commissioner Gershenson addressed the Board to express her disappointment that the Democrats were not consulted regarding the scheduling of the March 27, 2012 Board of Commissioners meeting. The Board adjourned at 10:25 a.m. to the call of the Chair or March 27, 2012, at 8:30 p.m. BILL BULLARD, JR. MICHAEL J. GINGELL Clerk Chairperson