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HomeMy WebLinkAboutMinutes - 2012.04.18 - 7855221 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES April 18, 2012 Meeting called to order by Chairperson Michael Gingell at 7:11 p.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, River, Runestad, Scott, Taub, Weipert, Woodward, Zack. (23) EXCUSED ABSENCE WITH NOTICE: Bosnic, Hoffmann. (2) Quorum present. Invocation given by Craig Covey. Pledge of Allegiance to the Flag. Moved by Dwyer supported by Runestad the minutes of the April 13, 2012 Board Meeting be approved. A sufficient majority having voted in favor, the minutes were approved as printed. Moved by Taub supported by Gershenson the agenda be amended as follows: ITEMS ON BOARD AGENDA PUBLIC SERVICES COMMITTEE a. MR #12062 – Water Resources Commissioner – Request for Approval of Professional Services Contract with Ben Lewis, P.E., Former County Employee (Reason for suspension Waive Rule XII.C.1: items impacting Human Resources matters are to be referred to the Human Resources Committee by the Board. Resolution referred to the Finance Committee only). Add two Proclamations as follows: Armenian Remembrance Day – Commissioner Shelley Taub and Waterford Our Lady of the Lakes Girls Basketball Team – Commissioners John Scott, Tom Middleton and Jim Runestad. Vote on agenda, as amended: AYES: Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, River, Runestad, Scott, Taub, Weipert, Woodward, Zack. (23) NAYS: None. (0) A sufficient majority having voted in favor, the agenda, as amended was approved. Commissioners Minutes Continues. April 18, 2012 222 Chairperson Michael Gingell addressed the Board to introduce Commissioner Taub. Commissioner Taub addressed the Board to present a proclamation to Edmond Azadian, Jack Alexanian and Greg Jamian in recognition of the Armenian Genocide and proclaiming April 24, 2012 as Armenian Genocide Remembrance Day. Edmond Azadian addressed the Board. Chairperson Michael Gingell addressed the Board to introduce Commissioners Scott, Middleton and Runestad. Commissioners Scott, Middleton and Runestad addressed the Board to present a proclamation honoring Waterford Our Lady of the Lakes Girls’ Varsity Basketball Team under the guidance of Head Coach Steve Robak and his coaching staff, recognizing them as the Michigan State High School Athletic Associations State Champions – Class D Girls’ Basketball for the year 2010, 2011 and 2012. They serve as an inspiration to the students of Our Lady of the Lakes High School and the entire community. Coach Steve Robak addressed the Board. Oakland County Clerk – Register of Deeds, Bill Bullard, Jr., read a communication from Chairperson Michael Gingell, appointing Commissioners Bill Dwyer, Bob Hoffman, Jim Nash, John Scott and Dave Woodward to the Veterans’ Services Study Group, to report back their findings to the General Government Committee in 90 days. There were no objections the appointments were confirmed. Oakland County Clerk – Register of Deeds, Bill Bullard, Jr., read a communication from County Executive, L. Brooks Patterson, appointing Jon Savoy as a Director of the Economic Development Corporation (EDC) of the County of Oakland to fill the vacant seat of Ted Dziurman. The appointment is for a term of six years, ending April 2018. There were no objections the appointment was confirmed. The following people addressed the Board during public comment: Lesley Stanley, Deputy County Executive, Matt Gibb and Commissioner Jim Nash. Chairperson Michael Gingell set a public hearing for May 2, 2012, at 7:15 p.m. on the U.S. Department of Justice – Edward Byrnes Memorial Justice Grant Application. Commissioner Hatchett addressed the Board regarding the posting of meeting notices. Discussion followed. Moved by Crawford supported by Middleton 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 249. The resolutions on the Consent Agenda follow (annotated by an asterisk {*}): *MISCELLANEOUS RESOLUTION #12084 BY: Finance Committee, Tom Middleton, Chairperson IN RE: FACILITIES MANAGEMENT/FACILITIES PLANNING & ENGINEERING - 2012 ROOF REPLACEMENT PROGRAM – ANIMAL CARE CENTER To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Fiscal Year 2012 Capital Improvement Program identifies the Roof Replacement Program; and WHEREAS the Facilities Planning & Engineering Division recommends replacement of the 25 year-old roof at the Animal Control Center at this time; and WHEREAS in accordance with Purchasing Division procedures, four (4) bids were received on March 21, 2012 for the project and were reviewed by the Facilities Planning & Engineering Division and the Purchasing Division; and Commissioners Minutes Continues. April 18, 2012 223 WHEREAS the lowest responsible bidder is Butcher & Butcher Construction, Inc. of Rochester Hills, Michigan with a bid in the amount of $97,116, including the bond, after acceptance of the deduct alternate; and WHEREAS total project costs of $120,000 are recommended by the Facilities Planning & Engineering Division, including the contract award of $97,116, lightning protection $11,000, and contingency of $11,884; and WHEREAS funding in the amount of $120,000 for the project is available for transfer from the FY 2012 Capital Improvement Program/Building Improvement Fund (#40100) to the Project Work Order Fund (#40400) for the 2012 Roof Replacement Program – Animal Care Center Project. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the 2012 Roof Replacement Program – Animal Care Center Project for $120,000. BE IT FURTHER RESOLVED that the Board of Commissioners authorizes transfer of funding in the amount of $120,000 from the Capital Improvement Program/Building Fund (#40100) to the Project Work Order Fund (#40400) to establish the 2012 Roof Replacement Program – Animal Care Center Project (#100000001600) as detailed below: Building Improvement Fund (#40100) 1040101-148020-788001-40400 Transfer Out ($120,000) Project Work Order Fund (#40400) 1040101-148020-695500-40100 Transfer In $120,000 $ -0- Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE (The vote for this motion appears on page 249.) *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 Commissioners Minutes Continues. April 18, 2012 224 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 Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #12076) BY: Finance Committee, Tom Middleton, Chairperson 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: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced Miscellaneous Resolution and finds: 1. On December 15, 2011, the Board of Commissioners approved Miscellaneous Resolution #11305 which designated $2,876,802 in fund balance for the Tri-Party Road Improvement Program for projects managed by the Road Commission for Oakland County (RCOC). 2. Funding of $10,000 is available in the General Fund Designated Fund Balance for Tri-Party 2012 and prior funding (account #383510) for project 51221. 3. This project is for the paved approach improvements on Long Lake Road at Epping Lane. 4. The FY 2012 budget be amended as follows: GENERAL FUND (#10100) FY 2012 Revenue 9010101-196030-665882 Planned Use of Fund Balance $10,000 Total Revenues $10,000 Expenditures 9010101-153010-740135 Road Commission Tri-Party $10,000 Total Expenditures $10,000 FINANCE COMMITTEE (The vote for this motion appears on page 249.) *MISCELLANEOUS RESOLUTION #12085 BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET - 2012 EQUALIZATION REPORT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the staff of the Equalization Division of the Department of Management & Budget has examined the assessment rolls of the several townships and cities within Oakland County to ascertain whether the real and personal property in the respective townships and cities has been equally and uniformly assessed at 50% of true cash value; and WHEREAS the Finance Committee in accordance with Rule XI.A (8) of the Board of Commissioners adopted on January 5, 2011, has reviewed the findings and recommendations of the Equalization Commissioners Minutes Continues. April 18, 2012 225 Manager, acting as the Equalization Director, and conducted hearings to provide for local intervention into the equalization process; and WHEREAS based on its findings, the Manager of the Equalization Division has presented to the Finance Committee the recommended 2012 equalization value which adds to or deducts from the valuation of the property in the several townships and cities an amount as, in its judgment, will produce a sum which represents the true cash value thereof; and WHEREAS the Equalization Factors listed on the attached report is the result of the foregoing process and are for information purposes only. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners adopts the 2012 equalization and authorizes its certification by the Chairperson of the Board and further that it be entered on the County records and delivered to the appropriate official of the proper township or city. Chairperson, on behalf on the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Oakland County Michigan 2012 Equalization Report Incorporated by Reference. Original on file in County Clerk’s office. (The vote for this motion appears on page 249.) *MISCELLANEOUS RESOLUTION #12086 BY: Finance Committee, Tom Middleton, Chairperson IN RE: ESTABLISHMENT OF OAKLAND COUNTY 9-1-1 CHARGE RATE (FORMERLY TELEPHONE OPERATING SURCHARGE) RATE FOR THE PERIOD JULY 1, 2012 TO JUNE 30, 2013 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the initial authorization to require telephone companies operating within Oakland County to levy up to four (4%) percent surcharge for emergency telephone operations (with the actual levy being $.57 per wireline, as then defined by State statutes, while the authorized amount could have been up to $.80 per wireline as approved in Miscellaneous Resolution #99279) with recognition that the surcharge would expire on December 31, 2006; and WHEREAS enabling legislation permitted the extension of wireline and wireless operating surcharges from January 1, 2007 and through February 28, 2008 pending a more permanent solution; and WHEREAS the Board of Commissioners extended the telephone operating surcharge for 2007 and through February 28, 2008 at a rate of $.28 per line, as defined (down from the $.57 per line); and WHEREAS the $.28 per line, as defined, was to fund the construction of a new radio communication system and related operations ($.19 per line) and a one-time charge of $.09 per line for the acquisition of IP-based call-taking equipment (“NG-911 Project”) for the County Sheriff’s Office and local public safety answering points operating within Oakland County; and WHEREAS the Michigan Public Services Commission (MPSC) interpreted the legislation to limit the Board of Commissioner approved telephone operating surcharge of $.28 per line, as defined, to $.18 per line through Case Number U-15489 causing a restructuring of the NG-911 Project fund (capital costs) and the capital and operating costs of the new radio communications system; and WHEREAS Public Act 379 of 2008 requires the Board of Commissioners to review the County 9-1-1 charge rate annually on billable devices (formerly, based on a per line charge, as defined) and authorize each spring, the amount to be assessed on the monthly telephone bills effective July 1 of that year; and WHEREAS the Board of Commissioners established a County 9-1-1 charge rate for the period of July 1, 2009 to June 30, 2010 of $.18 per billable device, as defined; and WHEREAS the County 9-1-1 charge rate for the periods July 1, 2010 through June 30, 2011 and July 1, 2011 through June 30, 2012 was set at $.23 per billable device, as defined, by the Board of Commissioners in spring 2010 and 2011, respectively, to be used to construct and maintain the radio communications/E-9-1-1 functions for public safety (law enforcement, fire and emergency medical services) within Oakland County; and WHEREAS an attached memorandum dated March 3, 2012 from County Administration covering the financial and programmatic status of the Radio Communications Fund for the quarter ended December 31, 2011 and provides a recommendation relating to the County 9-1-1 charge rate for the July 1, 2012 through June 30, 2013 period; and Commissioners Minutes Continues. April 18, 2012 226 WHEREAS the Radio Oversight Committee met on March 15, 2012 to discuss the above memorandum and the recommendation a County 9-1-1 charge rate to the County’s Board of Commissioners for the period from July 1, 2012 to June 30, 2013; and WHEREAS the Radio Oversight Committee and members in the audience commented on the needs of the radio communication system beyond those articulated in the March 3, 2012 memorandum, not least of which includes: 1) the re-write of the County’s 9-1-1 plan to incorporate the current system configuration (the existing 9-1-1 plan was written over a dozen years ago before the system was even started); 2) enhancements to the software in each radio; 3) additional radio coverage for existing concerns, including within the hospitals proper and cell sites; and 4) several other lesser projects; and WHEREAS after the projects noted above could be defined and the costs relating thereto properly projected, the Radio Oversight Committee would consider recommending to the Board of Commissioners for future County 9-1-1 charge rates in a reduced amount of 1 cent in the period for July 1, 2013 through June 30, 2014 and another 1 cent for July 1, 2014 through June 30, 2015; and WHEREAS such approved County 9-1-1 charge rate resolution shall be submitted to the MPSC no later than mid-May 2012 for the period of July 1, 2012 through June 30, 2013 and shall include a certified copy of the Board of Commissioners resolution approving the County 9-1-1 charge rate along with other State forms due in mid-May 2012. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the extension of the County 9-1-1 charge on billable devices, as defined by State statute, for the period of July 1, 2012 through June 30, 2013 to cover the operations, construction and necessary provisions of the Radio Communications Fund to $.20 per billable device, as defined (down from $.23 per billable device, as defined, in the period July 1, 2011 through June 30, 2012). BE IT FURTHER RESOLVED that the anticipated County 9-1-1 charge revenue for the period of July 1, 2012 through June 30, 2013 and in the subsequent years through September 30, 2014 was based on the $.23 per billable device, as defined was used for the County’s FY-2011 and 2012 operating budgets; the anticipated County 9-1-1 charge revenue is hereby reduced for the period July 1, 2012 through September 30, 2014 as follows (one penny equals $177,287 in County 9-1-1 charge revenue): Fiscal period July 1, 2012 through September 30, 2012: ($132,965) October 1, 2012 through September 30, 2013 ( 531,861) October 1, 2013 through September 30, 2014 ( 531,861) BE IT FURTHER RESOLVED that a budget amendment is recommended to the Radio Communications Fund for FY 2012, FY 2013, and FY 2014 to reflect decrease in 9-1-1 charge rate: Radio Communications Fund (#53600) FY2012 FY2013 FY2014 Revenues 53600-1080310-115150-630581 E911 Surcharge ($132,965) ($531,861) ($531,861) 53600-1080310-115150-665882 Planned Use of FB 132,965 531,861 531,861 Total Revenues $ 0 $ 0 $ 0 Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Memo on file in County Clerk’s office. (The vote for this motion appears on page 249.) *MISCELLANEOUS RESOLUTION #12087 BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET - FISCAL YEAR 2012 FIRST QUARTER FINANCIAL FORECAST AND BUDGET AMENDMENTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Public Act 621 of 1978, the Uniform Budgeting and Accounting Act for Local Units of Government, provides for adjustments to the adopted budget; and WHEREAS in accordance with Oakland County General Appropriations Act Section 22, which authorizes budget amendments for variances between the budgeted revenue and actual revenue, and Section 23, which authorizes budget amendments for variance between estimated revenue and projected expenditures, amendments are required; and Commissioners Minutes Continues. April 18, 2012 227 WHEREAS the Fiscal Year (FY) 2012 First Quarter Financial Forecast Report has identified several variances and budget amendments are recommended; and WHEREAS a $25 Probation fee is charge to each participant in the Circuit Court – Family Services Division Re-Entry Program, which is estimated to generated $5,000 annually in additional revenue, and the Circuit Court has requested an amendment to recognize this revenue; and WHEREAS a budget amendment in the amount of $13,687 is recommended to return the unused portion of donations from the Restore Foundation originally planned to be used to offset operational expenses associated with the FY 2011 Circuit Court’s FY 2012 Michigan Drug Court Grant Program (Adult Treatment Court) per MR #11015; and WHEREAS the annual lease expense for the 52nd District Court (Division 1-Novi) has increased, and a budget amendment is requested to increase the Rent appropriation by $37,000 to cover the additional expense; and WHEREAS per the FY 2011 budget task, the 52nd District Court (Division III – Roch Hills) planned to reduce Defense Attorney Fees $20,000 in FY 2011 and $35,000 for FY 2012 – FY 2014. However, the budget was reduced $20,000 for each Fiscal Year, and a budget amendment is recommended to reduce Defense Attorney Fees by an additional $15,000 to meet the budget task; and WHEREAS a budget amendment is recommended by the Health Division for FY 2012 – FY 2014 to reduce funding in materials and supplies by $1,000 as the latest contract agreement for the Prevention Pilot Grant does not include these funds; and WHEREAS revenue from the Sheriff’s Marine Safety Patrol Services Contracts is incorrectly budgeted as an “Other Intergovernmental Revenue” and per the County’s Financial Accounting Structure, should be budgeted as a “Charge for Service”; and a budget amendment is recommended to reappropriate revenue in the amount of $168,840 to make this correction; and WHEREAS as part of the Sheriff’s Law Enforcement enhancements, a budget amendment is recommended to transfer $6,711 from the Sheriff’s Auto Theft Deferred Revenue (GL #222470) to the Information Technology Fund (#63600) for three laptops and battery packs; and WHEREAS a budget amendment is recommended to reallocate $236,887 in Salaries and Fringe Benefits for the administration of Land Sales from the Treasurer’s Administration program to the Tax Administration program; and WHEREAS the Treasurer recognizes revenue from Land Sales to offset contracted services to maintain 600 forfeited properties for snow removal, grass cutting, and boarding up properties, and a budget amendment is recommended to appropriate $735,000 in anticipated revenue and expenses for this activity; and WHEREAS a budget amendment is requested by the Animal Control Division to reallocate revenue line items to more accurately reflect the current program charges; and WHEREAS a budget amendment is requested to transfer $1.5 million in FY 2013 and $3.0 million in FY 2014 from the General Fund Assigned Fund Balance for Technology Replacement/Hardware (GL Account #383448) to the Information Technology Fund to support equipment replacement; and WHEREAS the City of Novi Tri-Party (Project #49881A) was administered by the Road Commission of Oakland County (RCOC) under old Tri-Party Rules, and an additional $5,000 is needed from the County for its 1/3 share for preliminary engineering costs for the milling and HMA (hot mix asphalt) resurfacing with drainage and signal improvements on Grand River Avenue from east of Novi Road to Haggerty Road; and WHEREAS the City of Huntington Woods Tri-Party (Project #50431) was originally approved per MR #10115 at a total project cost of $30,000, of which the County agreed to pay $10,000, and the project has been approved by the RCOC for a revised total cost of $63,885 (due to milling and overlay), increasing the County’s share to $21,295, a difference of $11,295; and WHEREAS the City of Farmington Hills Tri-Party (Project #50451) was originally approved per MR #10145 at a total project cost of $75,000 of which the County agreed to fund $25,000, and the project has been approved by the City of Farmington Hills and the RCOC for a revised total cost of $149,865 (due to a request by RCOC when processing the right-of-way permit for additional improvements to the taper); County’s share increases to $49,995 of the total cost, which requires an additional $24,955 in funds; and WHEREAS a budget amendment is requested to cover the additional project costs totaling $41,518, with available General Fund Assigned Fund Balance for the Tri-Party Road Improvement Projects (GL Account #383510) as previously listed for the Cities of Novi, Huntington Woods, and Farmington Hills; and Commissioners Minutes Continues. April 18, 2012 228 WHEREAS the 52-3 District Court (Rochester Hills) has requested an amendment for the SCAO Drug Court Grant Fund (#27165) to reallocate funds in the amount of $765 to more accurately account for expenses related to travel and personal mileage; and WHEREAS per MR #07290, funds were transferred from the General Fund to the Motor Pool Fund (#66100) to assist the Fund with vehicle replacements, but is no longer necessary, and a budget amendment is recommended to return $500,000 from the Motor Pool Fund to the General Fund in FY 2012 and $829,000 in FY 2013; and WHEREAS per MR #10051, $855,699 was transferred from the Facilities Maintenance & Operations Fund for the implementation of the Facilities Management Collaborative Asset Management System (CAMS), and the implementation is complete, with a remaining balance of $137,598 in the fund that is recommended to be transferred back to the Facilities Maintenance and Operations Fund (#63100) in order to close out the FM&O CAMS Project; and WHEREAS the Health Division has received additional funds from the Michigan Department of Community Health through the Comprehensive Planning, Budgeting, and Contracting (CPBC) Agreement, which is less than a fifteen (15%) percent variance from the original contract agreement per MR #11308, and a budget amendment of $191,725 is recommended $40,000 of the amendment is reimbursement for Tobacco retailer inspections; and WHEREAS the Department of Information Technology has requested a budget amendment in the amount of $5,000 to appropriate funds for the purchase and transfer of the internet domain name www.oaklandcounty.com; funding is available in the IT Fund Net Assets – Designated for Projects; and WHEREAS the Parks and Recreation Commission received a bankruptcy settlement of $139.63 (38.25%) from an outstanding $365 receivable, leaving $225.37 unpaid, and the Parks and Commission has approved to write off the unpaid balance; and WHEREAS the Department of Information Technology – Radio Communications has recommended $535.50 be written off for unpaid rental fees on a mobile radio due from Township of Royal Oak Fire Department, for legacy system radio rentals, which were turned off and contract cancelled over a year ago; and WHEREAS after considerable efforts with the Michigan State Department of Human Services to reconcile payments on a number of outstanding receivables, the Circuit Court has agreed with the State that no further credit from the remaining balance of $53,452.70 is due to the County and therefore is requesting the balance of be written off. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners accepts the Fiscal Year 2012 First Quarter Financial Report. BE IT FURTHER RESOLVED that $1.5 million is to be transferred in FY 2013 and $3.0 million in FY 2014 from the General Fund Assigned Fund Balance for Technology Replacement/Hardware (GL Account #383448) to the Information Technology Fund to support equipment replacement as follows: GENERAL FUND (#10100) Revenues FY 2013 FY 2014 9010101-196030-665882 Planned Use of Fund Balance $1,500,000 $3,000,000 Total Revenues $1,500,000 $3,000,000 Expenditures 9010101-152010-788001-63600 Transfer Out to Info Tech Fund $1,500,000 $3,000,000 Total Expenditures $1,500,000 $3,000,000 INFORMATION TECHNOLOGY FUND (#63600) Revenues 1080101-152000-665882 Planned Use of Fund Balance ($1,500,000) ($3,000,000) 1080101-152000-695500-10100 Transfer In from General Fund 1,500,000 3,000,000 Total Revenues $ 0 $ 0 BE IT FURTHER RESOLVED that $41,518 from the FY 2012 Assigned Fund Balance for Tri-Party Road Improvement Projects (GL Account #383510) be appropriated for additional costs associated with previously approved Tri-Party Road Improvement projects in the Cities of Novi (Project #49881A - $5,000), Huntington Woods (Project #50431 - $11,295), and Farmington Hills (Project #50451 - $24,955) as follows: Commissioners Minutes Continues. April 18, 2012 229 GENERAL FUND (#10100) Revenue FY 2012 9010101-196030-665882 Planned Use of Fund Balance $41,518 Total Revenue $41,518 Expenditure 9010101-153010-740135 Road Commission Tri- Party $41,518 Total Expenditure $41,518 BE IT FURTHER RESOLVED that the uncollectible debts, as recommended by the Department of Management and Budget and detailed in schedules are authorized to be written off. BE IT FURTHER RESOLVED that the FY 2012 Budget is amended pursuant to Schedules A and B. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Fiscal Year 2012 First Quarter Forecast and Budget Amendments on file in County Clerk’s office. (The vote for this motion appears on page 249.) *REPORT (MISC. #12075) BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR SEMCOG’S SUSTAINABLE COMMUNITY RECOGNITION PROGRAM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered the above titled resolution on April 9, 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 #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, Commissioners Minutes Continues. April 18, 2012 230 CRAIG COVEY, TOM MIDDLETON, MATTIE HATCHETT, JEFF MATIS, JANET JACKSON, SHELLEY TAUB, BILL DWYER, BETH NUCCIO, DAVE WOODWARD, NANCY QUARLES, GARY MCGILLIVRAY (The vote for this motion appears on page 249.) *REPORT (MISC. #12077) BY: General Government Committee, Christine Long, Chairperson 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: The General Government Committee, having considered the above titled resolution on April 9, 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 #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 vote for this motion appears on page 249.) *REPORT (MISC. #12078) BY: General Government Committee – Christine Long, Chairperson 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: Commissioners Minutes Continues. April 18, 2012 231 The General Government Committee, having considered the above titled resolution on April 9, 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 #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 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 Commissioners Minutes Continues. April 18, 2012 232 COVEY, MATTIE HATCHETT, JANET JACKSON (The vote for this motion appears on page 249.) *MISCELLANEOUS RESOLUTION #12088 BY: General Government Committee, Christine Long, Chairperson IN RE: HEALTH AND HUMAN SERVICES - HOMELAND SECURITY DIVISION - 2011-2012 HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS GRANT AGREEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Superfund Amendment and Reauthorization Act (SARA) of 1986, Title III, requires the planning and provisions for community right-to-know on extremely hazardous substances in local communities; and WHEREAS the Oakland County Local Emergency Planning Committee (LEPC) has been organized and meets minimum criteria in performing planning functions; and WHEREAS the Hazardous Materials Emergency Preparedness (HMEP) grant provides funds to LEPCs for the purpose of enhancing hazardous material response planning; and WHEREAS an application was submitted, and Oakland County has been notified that the LEPC is eligible to receive $13,010 for the submittal for new and updated plans during the grant period of October 1, 2011 through September 30, 2012; and WHEREAS the required 20% in kind match of $3,253 will be used for PTNE staff salary to support the LEPC planning effort; and WHEREAS no reports are required and the funds will be received upon submittal of the plans as a work product; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process and the Board of Commissioners Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes acceptance of the Hazardous Materials Emergency Preparedness (HMEP) grant in the amount of $13,010 from the Michigan Department of State Police, Emergency Management and Homeland Security Division. BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners is authorized to execute the grant agreement of $13,010 and a 20% match of $3,253 for a total of $16,263 and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Grant Review Sign Off – Homeland Security Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #12088) BY: Finance Committee, Tom Middleton, Chairperson IN RE: HEALTH AND HUMAN SERVICES – HOMELAND SECURITY DIVISION – 2011-2012 HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS GRANT 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 resolution and finds: 1. The resolution recognizes the Superfund Amendment and Reauthorization Act (SARA) of 1986, Title III which requires the planning and provision for community right to know on extremely hazardous substances in local communities. 2. A grant application was submitted and Oakland County has been notified that the Local Emergency Planning Committee (LEPC) was eligible to receive up to $13,010 for the submittal of new and updated plans during the grant period October 1, 2011 through September 30, 2012. Commissioners Minutes Continues. April 18, 2012 233 3. This grant requires an in-kind grant match of $3,253 in General Fund expenditures bringing the total program costs to $16,263. 4. The Fiscal Year 2012 Homeland Security General Fund budget includes costs associated with this program, therefore, no budget amendment is recommended. FINANCE COMMITTEE (The vote for this motion appears on page 249.) *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 #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 #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 Exterior View of Hangar No. 2 picture, Interior View of Hangar No. 2 picture, View of Office Space picture and Aerodynamics Incorporated Hangar Lease Agreement Incorporated by Reference. Original on file in County Clerk’s office. Commissioners Minutes Continues. April 18, 2012 234 FISCAL NOTE (MISC. #12063) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT 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: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Sheriff’s Department proposes entering into a lease agreement extension for helicopters currently housed at the Oakland County International Airport in Hangar Number 2 with Aerodynamics Corporation to provide adequate storage for the two (2) helicopters, fuel, equipment, and office space requirements for the aviation staff. 2. A hangar space lease agreement extension has been negotiated with Aerodynamics Corporation, to continue leasing their Hangar Number 2 facility located at 6544 Highland Road at the Oakland County International Airport. 3. The new lease agreement, which will be effective March 1, 2012 is for a period of three (3) years at a lease rate of $425.00 per month per helicopter or $10,200 per year. 4. Under the new lease agreement the County also 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. 5. This agreement also provides the option to purchase fuel, but does not include the cost of fuel for the helicopters. 6. Funding for this lease agreement for Fiscal Years 2012, 2013 and 2014 is available in the Adopted Budget of the Sheriff’s General Fund, Patrol Services Division Rent line item. 7. Line item budgets for rent and gasoline expense will be reviewed and adjusted during the FY 2013 through FY 2015 budget process; no budget amendment is recommended at this time. FINANCE COMMITTEE (The vote for this motion appears on page 249.) *MISCELLANEOUS RESOLUTION #12089 BY: Planning and Building Committee, David Potts, Chairperson IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION APPROVING PROJECT AREA AND PROJECT DISTRICT AREA (TRAXYS POWER GROUP, INC. PROJECT) - CITY OF PONTIAC To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS there exists in the County of Oakland the need for projects to alleviate and prevent conditions of unemployment, to assist and retain local industrial and commercial enterprises in order to strengthen and revitalize the County's economy and to encourage the location and expansion of such enterprises to provide needed services and facilities to the County and its residents; and WHEREAS the Economic Development Corporations Act, Act No. 338 of the Michigan Public Acts of 1974 as amended (the "Act") provides a means for the encouragement of such projects in this County through the County's Economic Development Corporation (the "EDC"); and WHEREAS the EDC has commenced proceedings under the Act for the benefit of such a project (Traxys Power Group, Inc. Project) and has designated to this Board of Commissioners a Project Area and Project District Area for its approval. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby certifies and approves the Project Area as designated by the EDC. BE IT FURTHER RESOLVED that it having been determined that the territory surrounding said designated Project Area will not be significantly affected by the Project because the surrounding territory is devoted to commercial/industrial uses, a Project District Area having the same description as and boundaries coterminous with the Project Area herein certified as approved be hereby established. BE IT FURTHER RESOLVED that it having been determined that there are less than eighteen residents, real property owners, or representatives of establishments located within the Project District Area, a Project Citizens District Council shall not be formed pursuant to Section 20(b) of the Act. Commissioners Minutes Continues. April 18, 2012 235 BE IT FURTHER RESOLVED that the County Clerk is hereby directed to provide four certified copies of this resolution to the Secretary of the Board of the EDC. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Traxys Energy Group City of Pontiac EDC No. 12-01 on file in County Clerk’s office. (The vote for this motion appears on page 249.) *MISCELLANEOUS RESOLUTION #12090 BY: Planning and Building Committee, David Potts, Chairperson IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION CONFIRMING APPOINTMENT OF ADDITIONAL EDC DIRECTORS (TRAXYS POWER GROUP, INC. PROJECT) - CITY OF PONTIAC To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS this Board of Commissioners has received a resolution from the Board of Directors of The Economic Development Corporation of the County of Oakland designating a Project Area and Project District Area for a project (Traxys Power Group, Inc. Project) under the Economic Development Corporations Act, Act No. 338 of the Michigan Public Acts of 1974, as amended (the "Act"); and WHEREAS it is necessary to confirm the appointment by the County Executive of the County of Oakland of two additional directors to the Board of said Economic Development Corporation in connection with said Project, in accordance with Section 4(2) of the Act. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the appointments of Dr. Bruce Turpin and Garland Doyle, who are representatives of neighborhood residents and business interests likely to be affected by said Project, to the Board of Directors of The Economic Development Corporation of the County of Oakland, and they are hereby confirmed in accordance with Section 4(2) of the Act, and such additional Directors shall cease to serve when the Project is either abandoned or, if undertaken, is completed in accordance with the Project Plan therefor. BE IT FURTHER RESOLVED that all resolutions or parts thereof in conflict with this resolution are hereby repealed, but only to the extent of such conflict. BE IT FURTHER RESOLVED that the County Clerk is hereby directed to provide four certified copies of this resolution to the Assistant Secretary of the Board of the Economic Development Corporation. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Appointment of Additional Directors to the EDC by the County Executive for the Traxys Power Group Project (City of Pontiac) to the Board of Commissioners of the County of Oakland on file in County Clerk’s office. (The vote for this motion appears on page 249.) *MISCELLANEOUS RESOLUTION #12091 BY: Planning and Building Committee, David Potts, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – 2012 BIO-BASED PRODUCT REIMBURSEMENT PROGRAM – GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Clean Energy Coalition, 924 N. Main St. Suite 2, Ann Arbor, MI 48104 (CEC) has offered to provide Oakland County (“County”) with samples of soy-based cleaning products for use in the Grounds and Custodial Units of Facilities Management and the Garage; and WHEREAS the offer is part of the 2012 Biobased Products Reimbursement Program (“Project”) funded by the United Soybean Board; and WHEREAS this is a one-time grant acceptance for this program; and WHEREAS this is direct funding without the need for matching funds; and Commissioners Minutes Continues. April 18, 2012 236 WHEREAS this grant is to be used to investigate the possible use of “green” products in the County’s Garage and Facilities Management operations; and WHEREAS no new staff positions will be required to implement or administer this grant; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process and the Board of Commissioners’ Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts grant funding from CEC in an amount up to $962.50 with a County match of $0 for a period of one year effective immediately. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant agreement. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment and that no special revenue positions are required for acceptance. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Grant Review Sign Off – Facilities Management Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #12091) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – 2012 BIO-BASED PRODUCT REIMBURSEMENT 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 resolution accepts an award to receive samples of soy-based cleaning products valued up to $962.50 from the Clean Energy Coalition of Ann Arbor, Michigan as part of the Bio-based Product Reimbursement Program, funded by the United Soybean Board. 2. The purpose of the program is to improve the availability and use of bio-based products by providing sample materials to municipalities for use in their operations. 3. The award will consist of samples of soy-based cleaning products valued in an amount up to $962.50 provided to investigate the possible use of “green” products in the County’s Garage and Facilities Management operations. 4. The grant funding period is for one year beginning April 2012. 5. No County match is required for this one-time grant and the County is under no obligation to continue using the products after testing. 6. No budget amendment is required. FINANCE COMMITTEE (The vote for this motion appears on page 249.) *MISCELLANEOUS RESOLUTION #12092 BY: Planning and Building Committee, David Potts, Chairperson IN RE: WATER RESOURCES COMMISSIONER – APPOINTMENT OF DEPUTIES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Drain Code of 1956, Section 280.24 provides that the Water Resources Commissioner may appoint a Deputy or Deputies, if the County Board of Commissioners approves, and may revoke the appointment at his pleasure; and WHEREAS in the event that the Water Resources Commissioner is unable to execute the duties of office, the Deputy or Deputies may execute or assist in the execution of the duties of the Water Resources Commissioner as assigned by the Water Resources Commissioner; and WHEREAS the Water Resources Commissioner is seeking approval for the appointment of the following people as Deputies of the Water Resources Commissioner: Douglas Buchholz, Chief of Operations, Joseph W. Colaianne, Attorney & Insurance Administrator, Suzanne Coffey, P.E., Manager and Steven Korth, P.E. Manager. Commissioners Minutes Continues. April 18, 2012 237 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the request to appoint Douglas Buchholz, Chief of Operations; Joseph W. Colaianne, Attorney & Insurance Administrator; Suzanne Coffey, P.E.; Manager and Steven Korth, P.E. Manager as Deputies of the Water Resources Commissioner, who shall have the authority to carry out all functions and duties of the office of the Water Resources Commissioner when the Water Resources Commissioner is otherwise unable to carry out the duties of his office. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE (The vote for this motion appears on page 249.) *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. FISCAL NOTE (MISC. #12066) BY: Finance Committee, Tom Middleton, 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: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. This resolution authorizes Marine Patrol services per contract language for lakes within the Township of Addison. 2. Rates for Marine Services are consistent with the rates in Attachment A of this resolution and reflect an increase of $0.19 per hour. 3. The Agreement is effective May 21, 2012 through September 30, 2012. 4. The Township of Addison is requesting the continuation of one (1) GF/GP PTNE 125 hours/year Marine Safety Deputy I position (#4030635-10942) in the Sheriff’s Office/Patrol Services/Marine Safety Unit. 5. The budget for this Agreement will be adjusted for FY 2013 – FY 2015 with the County Executive Recommended Budget. Commissioners Minutes Continues. April 18, 2012 238 6. The budget for FY 2012 will be amended in accordance with projected usage during 2nd Quarter Forecast review to reflect the rate increase from $31.18 to $31.37 per hour. No budget amendment is required at this time. FINANCE COMMITTEE (The vote for this motion appears on page 249.) *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 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. FISCAL NOTE (MISC. #12067) BY: Finance Committee, Tom Middleton, 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: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. This resolution authorizes Marine Patrol services per contract language within the Charter Township of Commerce. 2. Rates for Marine services are consistent with the rates in Attachment A of this resolution and reflect an increase of $0.19 per hour. 3. The Agreement is effective May 21, 2012 through September 30, 2012. 4. The Charter Township of Commerce is requesting the continuation of one (1) GF/GP PTNE 250 hour/year Marine Safety Deputy I position (#4030635-10949) in the Sheriff’s Office/Patrol Services/Marine Safety Unit. 5. The budget for this Agreement will be adjusted for FY 2013 – FY 2015 with the County Executive’s Recommended Budget. 6. The budget for FY 2012 will be amended in accordance with projected usage during 2nd Quarter Forecast review to reflect the rate increase from $31.18 to $31.37 per hour. No budget amendment is required at this time. FINANCE COMMITTEE Commissioners Minutes Continues. April 18, 2012 239 (The vote for this motion appears on page 249.) *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. FISCAL NOTE (MISC. #12068) BY: Finance Committee, Tom Middleton, 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: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. This resolution authorizes Marine Patrol services per contract language for lakes within the Charter Township of Highland. 2. Rates for Marine Services are consistent with the rates in Attachment A of this resolution and reflect an increase of $0.19 per hour. 3. The Agreement is effective May 21, 2012 through September 30, 2012. 4. The Charter Township of Highland is requesting the continuation of one (1) GF/GP PTNE 250 hours/year Marine Safety Deputy I position (#4030635-10961) in the Sheriff’s Office/Patrol Services/Marine Safety Unit. 5. The budget for this Agreement will be adjusted for FY 2013 – FY 2015 with the County Executive Recommended Budget. 6. The budget for FY 2012 will be amended in accordance with projected usage during 2nd Quarter Forecast review to reflect the rate increase from $31.18 to $31.37 per hour. No budget amendment is required at this time. FINANCE COMMITTEE (The vote for this motion appears on page 249.) Commissioners Minutes Continues. April 18, 2012 240 *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. 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. FISCAL NOTE (MISC. #12069) BY: Finance Committee, Tom Middleton, 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: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. This resolution authorizes marine patrol services per contract language for lakes within the Charter Township of Independence. 2. Rates for marine services are consistent with the rates in Attachment A of this resolution and reflect an increase of $0.19 per hour. 3. The Agreement is effective May 21, 2012 through September 30, 2012. 4. The Charter Township of Independence is requesting the continuation of one (1) GF/GP PTNE 125 hours/year Marine Safety Deputy I position (#4030635-11201) in the Sheriff’s Office/Patrol Services/Marine Safety Unit. 5. The budget for this Agreement will be adjusted for FY 2013 – FY 2015 with the County Executive Recommended Budget. 6. The budget for FY 2012 will be amended in accordance with projected usage during 2nd Quarter Forecast review to reflect the rate increase from $31.18 to $31.37 per hour. No budget amendment is required at this time. FINANCE COMMITTEE (The vote for this motion appears on page 249.) Commissioners Minutes Continues. April 18, 2012 241 *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. FISCAL NOTE (MISC. #12070) BY: Finance Committee, Tom Middleton, 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: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. This resolution authorizes marine patrol services per contract language for lakes within the City of Orchard Lake Village. 2. Rates for marine services are consistent with the rates in Attachment A of this resolution and reflect an increase of $0.19 per hour. 3. The Agreement is effective May 21, 2012 through September 30, 2012. 4. The City of Orchard Lake Village is requesting the continuation of one (1) GF/GP PTNE 250 hour/year Marine Safety Deputy I position (#4030635-10948) in the Sheriff’s Office/Patrol Services/Marine Safety Unit. 5. The budget for this Agreement will be adjusted for FY 2013 – FY 2015 with the County Executive’s Recommended Budget. 6. The budget for FY 2012 will be amended in accordance with projected usage during 2nd Quarter Forecast review to reflect the rate increase from $31.18 to $31.37 per hour. No budget amendment is required at this time. FINANCE COMMITTEE (The vote for this motion appears on page 249.) Commissioners Minutes Continues. April 18, 2012 242 *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. 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. FISCAL NOTE (MISC. #12071) BY: Finance Committee, Tom Middleton, 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: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. This resolution authorizes marine patrol services per contract language for lakes within the Charter Township of Orion. 2. Rates for marine services are consistent with the rates in Attachment A of this resolution and reflect an increase of $0.19 per hour. 3. The Agreement is effective May 21, 2012 through September 30, 2012. 4. The Charter Township of Orion is requesting the continuation of one (1) GF/GP PTNE 640 hour/year Marine Safety Deputy I position (#4030635-10943) in the Sheriff’s Office/Patrol Services/Marine Safety Unit. 5. The budget for this Agreement will be adjusted for FY 2013 – FY 2015 with the County Executive’s Recommended Budget. 6. The budget for FY 2012 will be amended in accordance with projected usage during 2nd Quarter Forecast review to reflect the rate increase from $31.18 to $31.37 per hour. No budget amendment is required at this time. FINANCE COMMITTEE (The vote for this motion appears on page 249.) Commissioners Minutes Continues. April 18, 2012 243 *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. FISCAL NOTE (MISC. #12072) BY: Finance Committee, Tom Middleton, 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: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. This resolution authorizes Marine Patrol services per contract language for lakes within the Charter Township of West Bloomfield. 2. Rates for marine services are consistent with the rates in Attachment A of this resolution and reflect an increase of $0.19 per hour. 3. The Agreement is effective May 21, 2012 through September 30, 2012. 4. The Charter Township of West Bloomfield is requesting the continuation of two (2) GF/GP PTNE 1,700 hour/year Marine Safety Deputy I positions (#4030635-10945 and 10946) in the Sheriff’s Office/Patrol Services/Marine Safety Unit. 5. The budget for this Agreement will be adjusted for FY 2013 – FY 2015 with the County Executive’s Recommended Budget. 6. The budget for FY 2012 will be amended in accordance with projected usage during 2nd Quarter Forecast review to reflect the rate increase from $31.18 to $31.37 per hour. No budget amendment is required at this time. FINANCE COMMITTEE (The vote for this motion appears on page 249.) Commissioners Minutes Continues. April 18, 2012 244 *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 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. FISCAL NOTE (MISC. #12073) BY: Finance Committee, Tom Middleton, 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: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. This resolution authorizes Marine Patrol services per contract language for lakes within the Charter Township of White Lake. 2. Rates for Marine Services are consistent with the rates in Attachment A of this resolution and reflect an increase of $0.19 per hour. 3. The Agreement is effective May 21, 2012 through September 30, 2012. 4. The Charter Township of White Lake is requesting the continuation of one (1) GF/GP PTNE 250 hour/year Marine Safety Deputy I position (#4030635-10962) in the Sheriff’s Office/Patrol Services/Marine Safety Unit. 5. The budget for this Agreement will be adjusted for FY 2013 – FY 2015 with the County Executive’s Recommended Budget. 6. The budget for FY 2012 will be amended in accordance with projected usage during 2nd Quarter Forecast review to reflect the rate increase from $31.18 to $31.37 per hour. No budget amendment is required at this time. FINANCE COMMITTEE (The vote for this motion appears on page 249.) Commissioners Minutes Continues. April 18, 2012 245 *REPORT (MISC. #12074) BY: Human Resources Committee, John Scott, 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: The Human Resources Committee having reviewed MR #12074 on April 11, 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 #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. FISCAL NOTE (MISC. #12074) BY: Finance Committee, Tom Middleton, 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: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. This resolution authorizes Marine Patrol services per contract language for lakes within the Charter Township of Waterford. 2. Rates for marine services are consistent with the rates in Attachment A of this resolution. 3. The Agreement is effective May 21, 2012 through September 30, 2012. 4. The Charter Township of Waterford is requesting the creation of one (1) GF/GP PTNE 250 hours/year Marine Safety Deputy I position in the Sheriff’s Office/Patrol Services/Marine Safety Unit. Commissioners Minutes Continues. April 18, 2012 246 5. The budget for this Agreement will be adjusted for FY 2013 – FY 2015 with the County Executive Recommended Budget. 6. The budget for FY 2012 is amended as follows: GENERAL FUND (#10100) Revenues FY 2012 4030601-116200-631869 Reimb. Salaries $ 7,858 Total Revenues $ 7,858 Expenditures 4030601-116200-702010 Salaries $ 4,555 4030601-116200-722790 Social Sec. 66 4030601-116200-722750 Workers Comp 56 4030601-116200-722820 Unemployment 17 4030601-116200-722770 Retirement 90 4030601-116200-750070 Deputy Supplies 192 4030601-116200-750581 Uniforms 238 4030601-116200-760051 Misc. Cap’l Boats 750 4030601-116200-730646 Equip Maint. 373 4030601-116200-776659 Motor Pool Fuel 1,521 Total Expenditures $ 7,858 FINANCE COMMITTEE (The vote for this motion appears on page 249.) *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 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. Commissioners Minutes Continues. April 18, 2012 247 FISCAL NOTE (MISC. #12064) BY: Finance Committee, Tom Middleton, 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: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The City of Orchard Lake has requested that the Oakland County Sheriff continue to provide patrol services for special events within the City. 2. Miscellaneous Resolution #11242 authorized the established law enforcement overtime rates for calendar year 2012, and the rates stated in this agreement are consistent with the rates established by this resolution. 3. The dates of the agreement are April 1, 2012 through December 31, 2012. 4. Special event deputy services in the City of Orchard Lake will be performed on an overtime basis and require the continuation of one (1) GF/GP PTNE 240 hr/yr Mounted Deputy position (4030616-11188) in the Parks Unit, Patrol Services Division, of the Sheriff’s Office 5. No additional operating expenses are anticipated. 6. No budget amendment is required. FINANCE COMMITTEE (The vote for this motion appears on page 249.) *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 2012/2013/2014 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 MR #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. FISCAL NOTE (MISC. #12065) BY: Finance Committee, Tom Middleton, 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: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: Commissioners Minutes Continues. April 18, 2012 248 1. Paint Creek Trailways requested the Oakland County Sheriff’s Office provide Law Enforcement Mounted Patrol Services for the 2012/2013/2014 seasons. 2. The Oakland County Sheriff’s Office and Paint Creek Trailways proposed a contract for continued services of two (2) GF/GP PTNE Mounted Deputies (position #09748 and #09749) at 1,150 hours each per year; and for one (1) GF/GP PTNE Mounted Deputy (position #09750) at 1,200 hours per year; the total authorized hours for all three positions reflects the additional 500 hours added per MR #06129 contingent upon renewal of this agreement. 3. The rates charged in this agreement are consistent with established rates for FY 2012 Parks and Recreation Contract Rates per MR #11244. 4. The contract is for the FY 2012/2013/2014 seasons, and will be renewed on a tri-annual basis. 5. The proposed agreement will result in $57,893 in revenue and expenditures for Fiscal Year 2012 which is included in the FY 2012 Budget. 6. The Mounted Deputy positions are expected to be continued, as well as the law enforcement services contract, and therefore, will be included in the County Executive Recommended Budget for FY 2013/FY 2014/FY 2015. 7. No budget amendment for Fiscal Year 2012 is required. FINANCE COMMITTEE (The vote for this motion appears on page 249.) MISCELLANEOUS RESOLUTION #12093 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: SHERIFF’S OFFICE – OAKLAND COUNTY TACTICAL TRAINING CONSORTIUM INTERLOCAL AGREEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Constitution permits governmental units to exercise jointly with other governmental units any power or authority which such governmental units share in common which each might exercise separately; and WHEREAS the Oakland County Sheriff, and the City of Auburn Hills, the City of Bloomfield Hills, the City of Farmington Hills, the City of Ferndale, the City of Novi, the City of Oak Park, the City of Royal Oak and the City of Troy Police departments established an organization known as the “Oakland County Tactical Training Consortium” (OAK-TAC) to provide for the common goal of training police personnel in multiple jurisdictions by a more efficient and cost effective use of training personnel and to insure standardization of communications and training and tactical techniques for governmental units; and WHEREAS the general purpose of OAK-TAC is to establish and implement cooperative programs and activities on a continuing basis to train police personnel in small squad tactics and use of weapons for specific situations and to train multiple agencies for large scale critical situations requiring numerous trained police personnel on a county wide basis; and to develop protocol and procedures for communication between multiple agencies during such situations; and WHEREAS this consortium will be governed by a Board of Directors of which each member shall hold one (1) seat on the OAK-TAC Board; and WHEREAS this Interlocal Agreement has been through the County Executive review process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached Oakland County Tactical Training Consortium (OAK-TAC) Interlocal Agreement. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes its Chairman to sign the OAK-TAC agreement. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Interlocal Agreement Formally Establishing the Oakland County Tactical Training Consortium Incorporated by Reference. Original on file in County Clerk’s office. Commissioners Minutes Continues. April 18, 2012 249 Vote on Consent Agenda: AYES: Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, River, Runestad, Scott, Taub, Weipert, Woodward, Zack, Covey. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). Commissioner Middleton addressed the Board and stated that there were no items to report for the Finance Committee on the Regular Agenda. MISCELLANEOUS RESOLUTION #12094 BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – AUTHORIZING OAKLAND COUNTY PUBLIC TRANSPORTATION AUTHORITY MILLAGE QUESTION TO BE PLACED ON 2012 ELECTION BALLOT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS on March 30, 1995 the Oakland County Board of Commissioners adopted Miscellaneous Resolution #95083, Act 196 Public Transportation Authority - Articles of Incorporation, establishing the Oakland County Public Transportation Authority (OCPTA); and WHEREAS in accordance with Article VI of the Articles of Incorporation, as adopted and amended, the OCPTA may not place a millage question before Oakland County communities without the prior authorization of the Oakland County Board of Commissioners; and WHEREAS the granting of authorization by the Oakland County Board of Commissioners does not constitute either support or non-support of this particular millage issue; and WHEREAS the granting of authorization by the Oakland County Board of Commissioners supports the right of voters residing in public transit authority opt-in communities to choose whether or not they wish to continue their support of public transit; and WHEREAS since 1995 as many as 23 Oakland County Communities including the cities of Auburn Hills, Berkley, Birmingham, Clawson, Farmington, Farmington Hills, Ferndale, Hazel Park, Huntington Woods, Madison Heights, Oak Park, Pleasant Ridge, Pontiac, Royal Oak, Southfield, Troy and Walled Lake; the Townships of Bloomfield, Royal Oak and West Bloomfield and the villages of Beverly Hills, Bingham Farms and Franklin have chosen to retain their membership in the Oakland County Public Transit Authority and have voted to adopt a millage in support of public transportation services for their communities; and WHEREAS the .59 millage approved by transit authority area voters in 2010 expires with the 2011 tax levy; and WHEREAS the Oakland County Public Transportation Authority has adopted a resolution calling for renewing/establishing a tax rate of .59 mills for tax years 2012 and 2013 in order to contract with the Suburban Mobility Authority for Regional Transportation (SMART) and help fund public transit services for the public transit dependent, the senior, student and the disabled communities, as well as transit choice riders in the OCPTA area; and WHEREAS 70% of current SMART riders use public transit to get to work and 20% of those riders use public transit to get to school; and WHEREAS the voters in Macomb County and in the Wayne County Public Transportation Authority area have already voted to authorize a .59 millage to support public transportation for the tax years of 2012 and 2013. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, hereby authorizes the Oakland County Public Transportation Authority to utilize Section 18 of Act 196, MCL 124.468 (Property Taxation), for the purpose of placing before the voters residing in the Oakland County Public Transportation Authority area the proposition of renewing the current .59 millage rate for the years 2012 and 2013 to support public transportation in the Oakland County Public Transportation Authority Service area. BE IT FURTHER RESOLVED that the Board of Commissioners recommends the proposition be placed on the August 7, 2012 election ballot. Commissioners Minutes Continues. April 18, 2012 250 BE IT FURTHER RESOLVED that the Oakland County Clerk is directed to do all things and provide all supplies necessary for the placing of this question on the ballot as required by law. Chairperson, we move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Oakland County Primary Election – August 7, 2012 Oakland County Public Transportation Millage Renewal ballot language and Correspondence from Mark R. Adams of Hall Render Killian Heath & Lyman Professional Limited Liability Company on file in County Clerk’s office. Moved by Long supported by Woodward the resolution be adopted. AYES: Dwyer, Gershenson, Gingell, Hatchett, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, River, Runestad, Scott, Taub, Weipert, Woodward, Zack, Covey, Crawford. (22) NAYS: Gosselin. (1) A sufficient majority having voted in favor, the resolution was adopted. MISCELLANEOUS RESOLUTION #12095 BY: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF HEALTH & HUMAN SERVICES – HOMELAND SECURITY DIVISION – OUTDOOR WARNING SYSTEM EXPANSION – THE TOWNSHIP OF HOLLY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution #7865, #7971 and #8664 accepted federal grants to defray a portion of the costs in purchasing sirens to be utilized within the Oakland County Outdoor Warning System; and WHEREAS the County has secured $29,366 from a 2008 UASI (Urban Area Security Initiative) Grant to cover the cost of siren hardware, the normal 25% cost-share for the County will not be applicable; and WHEREAS The Township of Holly has agreed to pay the estimated $10,634 for the installation of two sirens, the normal 75% cost-share for the CVT will not be applicable; and WHEREAS the County will not be responsible for any portion of the total estimated cost of $40,000; and WHEREAS The Township of Holly, has executed the attached Interlocal Agreement; and WHEREAS consistent with the attached Interlocal Agreement, The Township of Holly agrees that Oakland County will retain ownership of the sirens and will be responsible for the maintenance and the electrical costs for said sirens purchased under this agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached Severe Weather Warning System Interlocal Agreement with the Township of Holly and authorizes the Board Chairperson to execute the agreement on behalf of Oakland County. BE IT FURTHER RESOLVED that the expenditure of this appropriation is contingent upon the execution of the attached written agreement between the County and The Township of Holly. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of the Township of Holly Tornado Siren Budget Summary, Severe Weather Warning System Interlocal Agreement Between Oakland County and Township of Holly and Holly Township Board of Trustees March 21, 2012 Regular Meeting Synopsis Incorporated by Reference. Original on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. Commissioner Scott addressed the Board and stated that there were no items to report for the Human Resources Committee on the Regular Agenda. Commissioners Minutes Continues. April 18, 2012 251 MISCELLANEOUS RESOLUTION #12096 BY: Planning and Building Committee, David Potts, Chairperson IN RE: WATER RESOURCES COMMISSIONER - INTERLOCAL AGREEMENT AUTHORIZING COUNTY PARTICIPATION IN THE “MICHIGAN WATER/WASTEWATER AGENCY RESPONSE NETWORK” To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Michigan Public Act 342 of the Public Acts of 1939, Michigan Public Act 185 of the Public Acts of 1957 and Miscellaneous Resolution #93075 the Oakland County Board of Commissioners has designated that Water Resources Commissioner as the county coordinating agency responsible for the administration, operation and maintenance of multiple water supply and sewage disposal systems located in Oakland County; and WHEREAS certain Michigan water and wastewater agencies have formed the “Michigan Water/Wastewater Agency Response Network” (MI-WARN), to share resources and to assist each other in the form of personnel, equipment, material and supplies in the event of emergencies that disrupt utility services; and WHEREAS the Urban Cooperative Act of 1967, (MCL 124.501 et seq.) authorizes public bodies and private entities to work together to provide mutual aid and assistance to both public and private water and wastewater utilities in need of emergency assistance caused by natural or man-made disasters; and WHEREAS the features of the attached “Michigan Water/Wastewater Agency Response Network Mutual Aid Agreement,” (“MI-WARN Agreement”) gives sole discretion to participating members whether or not to respond to a request for assistance, or to what extent to respond to a request for assistance from a requesting member, and provides for cost reimbursement by the requesting member to the responding member; and WHEREAS MI-WARN members have agreed to enter into the MI-WARN Agreement which describes the terms and conditions under which emergency assistance may be requested and provided; and WHEREAS Oakland County through its County Agency, the Water Resources Commissioner, will retain complete discretion and authority to withdraw some or all of its resources furnished to a requesting member at any time, and may withdraw from MI-WARN, for any reason. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the entering into the Mutual Aid and Assistance Agreement with the Michigan Water/Wastewater Agency Response Network, in substantially the form attached hereto, and the execution of said MI-WARN Agreement by its Water Resources Commissioner or his designee. BE IT FURTHER RESOLVED, that the Water Resources Commissioner or his designated deputies are hereby designated as the County’s Authorized Official under the MI-WARN Agreement. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Michigan Water/Wastewater Agency Response Network Mutual Aid and Assistance 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 #12097 BY: Planning and Building Committee, David Potts, Chairperson IN RE: WATER RESOURCES COMMISSIONER - INTERLOCAL AGREEMENT WITH ROCHESTER HILLS FOR VACTOR TRUCK MAINTENANCE, WATER METER TESTING AND OTHER RELATED WATER & SEWER MAINTENANCE SERVICES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Constitution of 1963, Article 7, § 28, and the Urban Cooperation Act of 1967, being MCL 124.501, et. seq. (the “Act”), authorizes a political subdivision to exercise jointly with any other political subdivision any power, privilege or authority which such political subdivisions share in common with which each might exercise separately; and WHEREAS due to the fact that municipal vehicles have specific performance requirements which require specialized service and maintenance work, it is difficult for public entities to locate service facilities that are able to perform those specialized services, economically, properly and timely; and Commissioners Minutes Continues. April 18, 2012 252 WHEREAS the City of Rochester Hills (“Rochester Hills”) has a facility at its Department of Public Services building located at 511 East Auburn Road, Rochester Hills, MI 48309, that contains the Rochester Hills Fleet Division that operates a vehicle repair facility and has personnel capable of repairing and maintaining municipal vehicles; and WHEREAS Rochester Hills also has equipment capable of water meter testing; and WHEREAS Rochester Hills has qualified personnel capable of providing other services related to water and sewer maintenance; and WHEREAS Rochester Hills has indicated that it has the necessary facility, tools, equipment and personnel to repair and maintain County vactor trucks and other vehicles under the direction of the WRC, to provide water meter testing equipment and/or provide other services related to water and sewer maintenance; and WHEREAS the services provided by Rochester Hills will be paid utilizing revenue from the various water and sewer systems under the direction of the WRC and will not impact the county general fund. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the Interlocal Agreement with Rochester Hills for Vactor truck maintenance, water meter testing and other related water & sewer maintenance services. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the Interlocal Agreement between the County of Oakland and City of Rochester Hills in substantially the form attached hereto. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Interlocal Agreement Between the County of Oakland and City of Rochester Hills WRC Vactor Vehicle Maintenance, Water Meter Testing Services and Other Related Water & Sewer Maintenance Services 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 #12098 BY: Planning and Building Committee, David Potts, Chairperson IN RE: WATER RESOURCES COMMISSIONER - LATHRUP VILLAGE SEWER SYSTEM - TRANSFER AND ASSIGNMENT OF ALL COUNTY INTEREST IN EASEMENTS, RIGHTS-OF-WAY, WATER MAINS, LATERALS AND RELATED EQUIPMENT, FACILITIES AND IMPROVEMENTS LOCATED WITHIN THE CITY OF LATHRUP VILLAGE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County holds legal title to portions of the local sewage collection system serving the City of Lathrup Village which consists of easements and right-of-way, sewer system mains, laterals and related equipment, facilities and improvements, including a sewage retention tank therein, excluding leads, and excepting there-from the interceptor system collectively referred to as the Evergreen – Farmington Sewage Disposal System; and WHEREAS the City of Lathrup Village has requested that the County divest itself and transfer all title and interest in the local sewage collection system serving the City of Lathrup Village (local sewage collection system); and WHEREAS there is no outstanding debt or other indebtedness with respect to the finance, design or construction of said system that would otherwise prohibit the transfer of said property interests. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby transfers and assigns all County interest in easements and right-of-way, and the sewer system mains, laterals and related equipment, facilities and improvements, including a sewage retention tank therein, excluding leads relating to the local sewage collection system serving the City of Lathrup Village but excepting there-from the interceptor system collectively referred to as the Evergreen – Farmington Sewage Disposal System. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or designee to execute Quit Claim Deeds in substantially the form attached hereto, in favor of the City of Lathrup Village and any other necessary property transfer documents to effectuate the transfer of the County’s interest in sewer system easements relating to the local sewage collection system serving the City of Lathrup Village. Commissioners Minutes Continues. April 18, 2012 253 Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Quit Claim Conveyance of Easements, Right-of-Way and Sanitary Sewer System Facilities and Improvements 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 #12099 BY: Planning and Building Committee, David Potts, Chairperson IN RE: DEPARTMENTS OF FACILITIES MANAGEMENT AND THE SHERIFF’S OFFICE - APPROVAL AND ACCEPTANCE OF FIRST AMENDMENT TO LEASE FOR SHERIFF’S DEPARTMENT STORAGE FACILITY, 5782 TEREX AVE., SUITES A & B, CLARKSTON, MICHIGAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Sheriff’s Office is in possession of various pieces of specialized mobile law enforcement equipment; and WHEREAS pursuant to a Lease Agreement authorized via Miscellaneous Resolution #10060 the Sheriff’s Department presently stores said specialized law enforcement equipment in an industrial building located at 5782 Terex Ave., Suites A & B in Springfield Township; and WHEREAS pursuant to Assignment of Sheriff’s Deeds recorded in Liber 43766, Page 581 and Liber 43818, Page 804, Oakland County records MICB-BAH RE Holdings I, LLC, a Michigan Limited Liability Company has acquired ownership of the property known as 5782 Terex Ave., Suites A & B via foreclosure; and WHEREAS in order for the Sheriff’s Department to continue to occupy the property and continue to pay rent to the new owner of the property located at 5782 Terex Ave., Suites A & B, the parties have agreed to enter into the attached First Amendment to Lease; and WHEREAS it is the recommendation of the Departments of Facilities Management and the Sheriff’s Office that the Oakland County Board of Commissioners accepts and approves the terms and conditions of the attached First Amendment to Lease; and WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached First Amendment to Lease. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached First Amendment to Lease for use of Suites A & B at 5782 Terex Ave., Clarkston, Michigan between the County of Oakland and MICB-BAH RE Holdings I, LLC. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached First Amendment to Lease and all other related documents between the County of Oakland and MICB-BAH RE Holdings I, LLC, which may be required. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of First Amendment to Lease 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 #12100 BY: Planning and Building Committee, David Potts, Chairperson IN RE: BUILDING AUTHORITY - RESOLUTION AUTHORIZING THE OAKLAND COUNTY BUILDING AUTHORITY TO FINANCE A PROJECT TO MAKE INFRASTRUCTURE CAPITAL IMPROVEMENTS AND INFORMATION TECHNOLOGY CAPITAL IMPROVEMENTS LOCATED IN OAKLAND COUNTY, MICHIGAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS there have been prepared and presented to the Board of Commissioners (the "Board") of the County of Oakland, Michigan (the "County"), conceptual documents describing the project to make infrastructure capital improvement and information technology capital improvements located in the County Commissioners Minutes Continues. April 18, 2012 254 of Oakland (the "Project"), all as more fully described in EXHIBIT A to the Lease Contract (as hereinafter defined), and a proposed Lease Contract between the County and the Oakland County Building Authority (the "Authority") dated as of June 1, 2012 (the "Lease Contract"), pursuant to which the Authority will renovate, remodel, acquire, construct, furnish and equip the Project as contemplated by the terms of Act No. 31, Public Acts of Michigan, 1948 (First Extra Session), as amended ("Act 31"), and lease the Project to the County for a term of fifteen (15) years; and WHEREAS it has been estimated that the period of usefulness of the Project to be not less than fifteen (15) years and that the total cost of renovating, remodeling, acquiring, constructing, furnishing, and equipping the Project (as defined in the Lease Contract) in an amount not to exceed $19,325,000 which will be provided by the proceeds from the sale of bonds by the Authority pursuant to Act 31; and WHEREAS the County proposes to undertake the Project and to request the Authority to incur taxable or tax-exempt debt (the "Reimbursement Obligations") to finance all or a portion of the costs of the Project; and WHEREAS the County may make certain expenditures for said Project prior to issuance of the Reimbursement Obligations and may wish to use the proceeds of the Reimbursement Obligations to reimburse all or a portion of said expenditures; and WHEREAS it is in the public interest and for the public benefit that the County designates an authorized officer for the purposes of declaring official intent of the County with respect to expenditures; and WHEREAS there has been prepared and attached hereto as APPENDIX I a form of Lease Contract and as APPENDIX II a form of notice entitled "NOTICE OF INTENTION OF THE COUNTY OF OAKLAND TO ENTER INTO A LEASE CONTRACT WITH THE OAKLAND COUNTY BUILDING AUTHORITY AND NOTICE OF RIGHT TO PETITION FOR REFERENDUM THEREON" (the "Notice of Intention"). NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland, Michigan, as follows: 1. The conceptual documents and estimates relating to the Project and identified in EXHIBIT A to APPENDIX I hereto are hereby approved and ordered filed with the County Clerk. 2. The Lease Contract in the form of APPENDIX I hereto is hereby approved, and the Chairman of the Board of Commissioners and the County Clerk are hereby authorized and directed to execute and deliver the same for and on behalf of the County. Final plans and project description shall be approved by the Planning and Building Committee of the Board of Commissioners before they are attached to the Lease Contract to be executed. 3. It is hereby determined that the Notice of Intention provides information sufficient to adequately inform the electors and taxpayers of the County of the nature of the contractual obligations to be undertaken by the County in the Lease Contract and of their right under Act 31 to file a petition requesting a referendum election on the Lease Contract. 4. The form and content of the Notice of Intention are hereby approved, and the County Clerk is hereby authorized and directed to cause the Notice of Intention to be published once in the Oakland Press, Pontiac, Michigan, a newspaper of general circulation within the County which is hereby determined to be the newspaper reaching the largest number of electors and taxpayers of the County. The Notice shall be at least one third of a page in size. 5. The Treasurer of the County is hereby authorized to declare official intent of the County with respect to reimbursement. 6. Each declaration of official intent shall be substantially in the form set forth in APPENDIX III attached hereto and by this reference incorporated herein, and said form may be modified from time to time on the advice of bond counsel to the County and as necessary to conform to requirements of our reimbursement regulations as the same may be adopted by the Internal Revenue Service or amended from time to time, or with the requirements of applicable rulings or regulations relating to tax-exempt borrowings. 7. The Treasurer is hereby directed to file each declaration of official intent in the office of the Oakland County Clerk, which location constitutes the customary location of the records of the Authority which are available to the general public. 8. The Oakland County Clerk is further directed to assure that each declaration of intent is continuously available during normal business hours of the County on every business day of the period beginning the earlier of 10 days after the date of execution of said declaration of intent and ending on the date of issuance of the Reimbursement Bonds. Commissioners Minutes Continues. April 18, 2012 255 9. The County Executive, if necessary, is authorized to file for approval to issue the bonds from the State of Michigan, Department of Treasury ("Treasury"), to pay the related fee, and to execute and deliver such other documents as may be requested by the Treasury. 10. All activities involved in the planning and construction of this Project under this resolution shall comply with the standing rules of the Board of Commissioners. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized fill in the blanks in Exhibit B to Lease Contract and Appendix III - Declaration of Intent prior to executing and filing these documents with the Oakland County Clerk. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Commissioners Minutes Continues. April 18, 2012 256 APPENDIX I LEASE CONTRACT THIS FULL FAITH AND CREDIT GENERAL OBLIGATION LEASE CONTRACT ("Lease") made as of June 1, 2012, by and between the OAKLAND COUNTY BUILDING AUTHORITY (the "Authority"), a building authority organized and existing under and pursuant to the provisions of Act No. 31, Public Acts of Michigan, 1948 (First Extra Session), as amended ("Act 31"), and the COUNTY OF OAKLAND, a County of the State of Michigan (the "County"), W I T N E S S E T H: WHEREAS the Authority has been incorporated by the County pursuant to Act 31 for the purpose of acquiring, furnishing, equipping, owning, improving, enlarging, operating and maintaining a building or buildings, automobile parking lots or structures, recreational facilities and stadiums, and the necessary site or sites therefor, for the use of the County; and WHEREAS the County desires to undertake a project to make infrastructure capital improvement and information technology capital improvements located in the County of Oakland, as more fully described in EXHIBIT A to this Lease (the "Project"), and it is proposed that the Authority undertake the Project; and WHEREAS it is proposed that the Authority finance the total cost of the Project by the issuance of building authority bonds payable from cash rental payments to be made by the County to the Authority pursuant to this Lease and Act 31; and WHEREAS a description of the Project, and estimate of the period of usefulness thereof and an estimate of the total cost of the Project, all as set forth on EXHIBIT A to this Lease, have been reviewed and approved by the Board of Commissioners of the County; and WHEREAS in order to make possible the issuance of building authority bonds to finance all or a portion of the total cost of the Project, it is necessary under Act 31 for the parties to enter into this Lease; THEREFORE IN CONSIDERATION OF THE MUTUAL UNDERTAKINGS AND AGREEMENTS SET FORTH BELOW IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES TO THIS LEASE AS FOLLOWS: 1. AUTHORIZATION AND ISSUANCE OF BONDS. As soon as practicable after the effective date of this Lease, the Authority shall proceed to authorize and issue one or more series of its building authority bonds in the aggregate principal amount of not to exceed $19,325,000 (the "Bonds"), pursuant to and in accordance with provisions of Act 31, for the purpose of remodeling, renovating, acquiring, constructing, furnishing and equipping the Project. The Authority shall pledge for the payment of the principal of and interest on the Bonds the receipts from the cash rental payments described and required to be paid by the County pursuant to this Lease. The Bonds of any series shall be dated August 1, 2012 or the first day of any later month in 2012 or 2013 and the final maturity may be at any time up to and including December 1, 2040 as the Authority shall approve in the resolution authorizing issuance of the Bonds (the "Bond Resolution"). The Bonds shall bear interest at a rate or rates that will result in a net interest cost not exceeding 8% per annum. Interest shall be payable semi-annually and shall begin as specified in the Bond Resolution until maturity of the bonds and shall mature in accordance with the Debt Retirement Schedule set forth on EXHIBIT B to this Lease. Each date on which any payment of principal of and/or interest on any bond is due is referred to herein as a "Bond Payment Date." The Bonds may be payable on the first day of a different month, if necessary, to match rental income paid to the County. The County and the Authority recognize and acknowledge that (a) such Debt Retirement Schedule is based upon an assumed interest rate and date of issuance of the Bonds and upon assumed Bond Payment Dates, all as set forth in EXHIBIT B, (b) the Bond Payment Dates will be specified in the Commissioners Minutes Continues. April 18, 2012 257 Bond Resolution, (c) the date and amount of each payment of cash rental required under this Lease will be determined (subject to the limitations expressed in the preceding paragraph of this Section) when the Bond Resolution is adopted by the Authority and the Bonds are sold, by application of the rate or rates of interest (that will result in a net interest cost not exceeding 8% per annum) actually borne by the Bonds. The Bonds may be sold subject to redemption prior to maturity at the option of the Authority with such redemption premiums and upon such terms as shall be set forth in the Bond Resolution. Upon receipt of the proceeds of the sale of the Bonds, all premium, capitalized interest, if any, and accrued interest received from the purchaser or purchasers of the Bonds shall be transferred to a bond and interest redemption fund, and the balance of such proceeds shall be deposited into an construction fund, each of which shall be established by the Bond Resolution and maintained as a separate depository account of the Authority. The money in the construction fund shall be used to pay costs of the Project, and upon payment of all such costs, any excess money in the construction fund will be used as provided in Section 4. In the event that for any reason after the date upon which this Lease is executed, but before the Bonds have been issued, it appears to the County and the Authority that the part of the Project to be paid by bond proceeds can be equipped for less than $19,325,000, or the County shall be able to make payment in advance on the cash rental payments payable pursuant to this Lease, the Authority may reduce the amount of bonds to be issued in multiples of $5,000 and reduce the annual maturities or the years of maturities as the County Treasurer shall direct. 2. TRANSFER OF TITLE TO AND COMPLETION OF PROJECT. As soon as practicable after the Bonds have been sold, the County shall transfer title to the real property upon which the Projects will occur or will be located to the Authority, and the Authority shall commence the Project. The plans, cost estimate and estimated period of usefulness for the Project, all of which have been filed with the County Clerk and the Secretary of the Authority, are hereby approved and adopted. The Project shall be implemented in substantial accordance with such plans which are incorporated as part of (but not attached to) this Lease. No major changes in such plans shall be made without the written approval first by the County and then by the Authority. 3. INCREASED PROJECT COSTS. In the event that it shall appear, upon determining the costs for the construction of the Project and after issuance of the Bonds, that the Project cannot be completed at the estimated cost, the Authority shall immediately so notify the County. The County may elect to pay the increased cost in cash to the Authority in which event the amount of such cash payment shall be deposited in the construction fund for the Project and the Authority shall proceed to construct and complete the Project. In the alternative, the County and the Authority may agree, by an amendment to this Lease that additional bonds shall be issued by the Authority in an amount sufficient to pay the increased Project costs. If, after the sale and issuance of the Bonds, it shall become necessary to raise additional funds to pay for an increase in the Project costs and this Lease cannot be amended to provide for the issuance of additional bonds, or if for any other reason additional bonds cannot be issued, the County shall pay to the Authority in cash an amount which will be sufficient to enable the Authority to complete the Project in accordance with the plans of the Project. 4. FUNDS REMAINING AFTER COMPLETION. Any unexpended balance of the proceeds of the sale of the Bonds remaining after completion of the Project may be used to improve or enlarge the Project upon the approval of the Planning and Building Committee of the Board of Commissioners provided that such use of the funds in the construction fund has been approved by the Municipal Finance Division of the Michigan Department of Treasury, if necessary, and the County. Any unexpended balance not so used shall be paid into the bond and interest redemption fund, and the County shall receive a credit against the cash rental payments next due under this Lease to the extent of the moneys so deposited in the manner provided in the Bond Resolution. 5. INSURANCE REQUIREMENTS. The Authority shall require any contractor or contractors for the Project to furnish all necessary bonds guaranteeing performance and all labor and material bonds and all owner's protective, workers' compensation and liability insurance required for the protection of the Commissioners Minutes Continues. April 18, 2012 258 Authority and the County. Such bonds and insurance, and the amounts thereof, shall be subject to approval of the County’s Department of Risk Management on the advice of its counsel. The Authority also shall require a sufficient fidelity bond from any person handling funds of the Authority. 6. LEASE TERM; POSSESSION; RECONVEYANCE. (a) The Authority does hereby lease the Project, as described in Exhibit A, to the County for a term commencing on the effective date of this Lease (determined as provided in Section 22) and ending fifteen (15) years from the effective date of the Lease or such earlier or later date as the principal of and premium, if any, and interest on the Bonds, the fees and expenses of the paying agent for the Bonds and all amounts owing hereunder have been paid in full. Possession of the Project shall vest in the County upon the complete execution of the Lease. At the end of the term of this Lease, the Authority shall convey to the County all of its right, title and interest in and to the Project and any lands, easements or rights-of-way appertaining thereto, and upon such conveyance, this Lease shall terminate, and the Authority shall have no further interest in, or obligations with respect to, the Project. (b) The County shall, upon the terms and conditions set forth in this Lease, acquire and convey to the Authority all lands, buildings, tenements, hereditaments, easements and rights-of-way necessary to enable the Authority to complete the Project in accordance with the plans. (c) The Authority acknowledges that the County has numerous long-term leases with public and private third-parties involving the real property described in Exhibit A, including but not limited to the following entities, the Road Commission for Oakland County, Easter Seals, Boy Scouts, the Oakland County Credit Union, the Oakland County Bar Association, the Oakland County Medical Control Authority, the United States Army Reserve, and Ameritech. This Lease shall in no way effect the leases currently in effect between the County and third-parties. The County may sublease or license portions of the real property described in Exhibit A to third parties without the approval of the Authority. 7. CASH RENTAL; PLEDGE OF FULL FAITH AND CREDIT. The County hereby agrees to pay to the Authority as cash rental for the Project such periodic amounts as shall be sufficient to enable the Authority to pay the principal of and interest on the Bonds as such principal and interest shall become due, whether at maturity or by redemption. For so long as any bonds are outstanding, the County shall pay to the Authority, on the Bond Payment Date, an amount sufficient to pay the principal and/or interest due on the Bonds on such Bond Payment Date. The County hereby pledges its full faith and credit for the payment of the cash rental when due and agrees that it will levy each year such ad valorem taxes as shall be necessary for the payment of such cash rental, which taxes, however, will be subject to applicable constitutional and statutory limitations on the taxing power of the County, and which shall not be in an amount or at a rate exceeding that necessary to pay its contractual obligation pursuant to this Lease. If the County, at the time prescribed by law for the making of its annual tax levy, shall have other funds on hand which have been set aside and earmarked for payment of its obligations under this Lease for which a tax levy would otherwise have to be made, then the tax levy shall be reduced by the amount of such other funds. Such other funds may be raised from any lawful source. The obligation of the County to make such cash rental payments shall not be subject to any set-off by the County nor shall there be any abatement of the cash rental payments for any cause, including, but not limited to, casualty that results in the Project being untenantable. 8. EXPENSES OF ISSUING AND PAYMENT OF BONDS. The Authority shall pay from the proceeds of the sale of any series of the Bonds all expenses incurred with respect to the issuance of the Bonds. The County agrees to pay to the Authority, in addition to the cash rental provided for in Section 7, all expenses incurred with respect to the issuance and payment of the Bonds, to the extent not so paid from the proceeds from the sale of the Bonds. The obligation of the County to make such payments shall be a general obligation of the County. 9. PRELIMINARY EXPENSES OF THE COUNTY. Upon the sale of the Bonds, the County shall give the Authority a full and complete accounting of the preliminary costs and expenses incurred on or before that date by the County in connection with the Project, and the Authority shall thereupon reimburse Commissioners Minutes Continues. April 18, 2012 259 the County for such costs and expenses to the extent that such costs and expenses were included in the portion of the total cost of the Project to be paid from bond proceeds. 10. MAINTENANCE AND REPAIRS. The County shall, at its own expense, operate and maintain the Project and shall keep the same in good condition and repair. Operation and maintenance shall include but not be limited to the following: the furnishing of all personnel, equipment and facilities; the provision of all light, power, heat, water, sewerage, drainage and other utilities; and the furnishing of all properties and services of whatever nature, as shall be necessary or expedient in the efficient and lawful operation and maintenance of the Project. Premiums for insurance required to be carried upon or with respect to the Project or the use thereof and taxes levied upon either party hereto on account of the ownership or use of the Project, or on account of rentals or income from the Project, shall likewise be deemed operation and maintenance expenses. The obligation of the County to pay all costs and expenses of the operation and maintenance of the Project shall be a general obligation of the County. 11. PROPERTY INSURANCE AND INSURANCE PROCEEDS. The County shall cause to be provided, at no expense to the Authority, fire and extended coverage insurance in an amount which is at least equal to the amount of bonds outstanding from time to time or to the amount of the full replacement cost of the Project if that amount be less than the amount of bonds outstanding. In the event of the partial or total destruction of the Project during or after construction, or if the Project is for any reason made unusable, the cash rental payments provided in Section 7 shall continue unabated. In the event the insurance proceeds are payable to the County, the County shall have the option to use the proceeds of insurance, in the event of loss or damage to the Project, for the repair or restoration of the Project. 12. LIABILITY INSURANCE. The County shall cause to be provided and maintained during the term of this Lease adequate liability insurance or self-insurance protecting the County and the Authority against loss on account of damage or injury to persons or property, imposed by reason of the ownership, possession, use, operation, maintenance or repair of the Project and the site of the Project, or resulting from any acts of omission or commission on the part of the County or the Authority or their respective officers or employees in the connection with the Project. Such insurance shall be made effective upon the complete execution of this Lease. 13. NO UNLAWFUL USE PERMITTED. The Project shall not be used or permitted to be used in any unlawful manner or in any manner which would violate the provisions of any contract or agreement between the County or the Authority and any third party. To the extent permitted by law, the County shall hold the Authority harmless and keep it fully indemnified at all times against any loss, injury or liability to any persons or property by reason of the use, misuse or non-use of the Project or from any act or omission in, on or about the Project. The County shall, at its own expense, make any changes or alterations in, on or about the Project which may be required by any applicable statute, charter, ordinance or governmental regulation or order and shall save the Authority harmless and free from all costs or damages with respect thereto. 14. ALTERATIONS OF PROJECT. The County, in its sole discretion, may install or construct in or upon, or may remove from the Project, any equipment, fixtures or structures, and may make any alterations to or structural changes in, the Project as the County may desire in accordance with the standing rules of the Board of Commissioners. 15. RIGHT OF INSPECTION. The Authority, through its officers, employees, or agents, may enter upon the Project at any reasonable time during the term of this Lease for the purpose of inspecting the Project and determining whether the County is complying with the covenants, agreements, terms and conditions of this Lease. 16. CONTRACTUAL RIGHTS OF BONDHOLDERS. Inasmuch as this Lease, and particularly the obligation of the County to make cash rental payments to the Authority, provides the security for payment of the principal of and interest on the Bonds, it is hereby declared that this Lease is made for the benefit of the holders from time to time of the Bonds as well as for the benefit of the parties and that such holders shall have contractual rights under this Lease. In the event of any default under this Lease on the part of the County, the Authority and the holders of the Bonds shall have all rights and remedies provided by law, Commissioners Minutes Continues. April 18, 2012 260 including in particular all rights and remedies provided by Act 31. The parties shall not do nor permit to be done any act, including amending this Lease, that would impair the security of the Bonds or the rights of the holders of the Bonds. An amendment of this Lease to authorize the issuance of additional bonds and providing the payment of additional cash rentals for the payment of such bonds shall not be deemed to impair the security of the Bonds or the rights of the holders of the Bonds. 17. APPURTENANT FACILITIES. The site on which this Project is to be located includes or will include roadways, walks, drives, parking areas and landscaping which are of benefit to and necessary to the full use and enjoyment of the Project, the County shall maintain such appurtenant facilities in good repair and condition. The appurtenant facilities shall be available to the users and occupants of the Project. 18. SUCCESSORS AND ASSIGNS. This Lease shall inure to the benefit of, and be binding upon, the respective parties hereto and their successors and assigns, provided, however, that no assignment shall be made in violation of the terms of this Lease nor shall any assignment be made which would impair the security of the Bonds or the rights of the holders of the Bonds. 19. ABANDONMENT OF PROJECT. In the event the Bonds to finance the Project cannot be or are not issued by the Authority on or before December 31, 2013, the Project shall be abandoned, the County shall pay from available funds all expenses of the Authority incurred to the date of abandonment, and neither party shall have any further obligations under this Lease. 20. CONSENTS, NOTICES, ETC. The right to give any consent, agreement or notice required or permitted in this Lease shall be vested, in the case of the County, in its Board of Commissioners, and in the case of the Authority, in its Commission. Any notice required or permitted to be given under this Lease shall be given by delivering the same, in the case of the County, to the County Clerk, and in the case of the Authority, to any member of its Commission. 21. CHANGES IN LAW OR CORPORATE STATUS. In the event there shall occur changes in the Constitution or statutes of the State of Michigan which shall affect the organization, territory, powers or corporate status of the County, the terms and provisions of this Lease shall be unaffected thereby insofar as the obligation of the County to make the cash rental payments is concerned. The proceeds of any sale or other liquidation of any interest of the County or the Authority in the Project are hereby impressed with a first and prior lien for payment of any outstanding bonds or other obligations of the Authority incurred by reason of the Project or any additions or improvements thereto. 22. EFFECTIVE DATE OF LEASE. This Lease shall become effective on the 61st day after publication of a Notice of Intention in the Oakland Press, a newspaper published in Pontiac, Michigan, as required by Act 31, provided that if a petition for a referendum is filed as provided in (and meeting all requirements of) Section 8b of Act 31, then this Lease shall not become effective unless and until approved by a majority of the electors of the County voting thereon at a general or special election. 23. UNDERTAKING TO PROVIDE CONTINUING DISCLOSURE. The County and the Authority hereby covenant and agree, for the benefit of the beneficial owners of the Bonds, to enter into a written undertaking (the "Undertaking") required by SEC Rule 15c2-12 promulgated by the Securities and Exchange Commission pursuant to the Securities and Exchange Act of 1934 (the "Rule") to provide continuing disclosure of certain financial information and operating data and timely notices of the occurrence of certain events in accordance with the Rule. The undertaking shall be in the form attached to the official statement for the Bonds. This Undertaking shall be enforceable by the beneficial owners of the Bonds or by the Purchaser(s) on behalf of such beneficial owners (provided that the Purchaser(s) right to enforce the provisions of this Undertaking shall be limited to a right to obtain specific enforcement of the obligations hereunder and any failure by the County and the Authority to comply with the provision of this Undertaking shall not be an event of default with respect to the Bonds). The County Treasurer and the Chairperson or Treasurer of the Authority, or other officer of the County or Authority charged with the responsibility for issuing the Bonds, shall provide a Continuing Commissioners Minutes Continues. April 18, 2012 261 Disclosure Certificate for inclusion in the transcript of proceedings, setting forth the details and terms of the County’s and Authority's Undertaking. IN WITNESS WHEREOF, the OAKLAND COUNTY BUILDING AUTHORITY, by its Commission, and the COUNTY OF OAKLAND, by its Board of Commissioners, have caused this Lease to be signed by their duly authorized officers, and their seals to be affixed hereto, all as of the day and year first above written. WITNESSES TO SIGNATURES OAKLAND COUNTY BUILDING AUTHORITY OF AUTHORITY OFFICERS: ________________________ By:__________________________________ Chairperson of its Commission ________________________ By:_________________________________ Secretary of its Commission WITNESSES TO SIGNATURES COUNTY OF OAKLAND OF COUNTY OFFICERS: _______________________ By:__________________________________ Chairperson, Board of Commissioners _______________________ By:__________________________________ County Clerk las.r1-oak240 Commissioners Minutes Continues. April 18, 2012 262 STATE OF MICHIGAN) )ss. COUNTY OF OAKLAND) On this ____ day of _____________, ____, before me appeared ________________ and ________________, to me personally known, who being by me duly sworn, did each say that they are, respectively, the Chairperson and the Secretary of the Commission of the OAKLAND COUNTY BUILDING AUTHORITY and that the foregoing Lease Contract was signed and sealed by them on behalf of the Authority by authority of its Commission, and that such persons acknowledged such instrument to be the free act and deed of the Authority. ____________________________________ /s/____________________________, Notary Public State of Michigan, County of Oakland My commission expires ______________ Acting in the County of Oakland (Seal) STATE OF MICHIGAN) )ss. COUNTY OF OAKLAND) On this ____ day of _______________, ____, before me appeared _______________________ and _________________, to me personally known, who being by me duly sworn, did each say that they are, respectively, the Chairman of the Board of Commissioners and the County Clerk of the COUNTY OF OAKLAND and that the foregoing Lease Contract was signed and sealed by them on behalf of the County by authority of its Board of Commissioners, and that such persons acknowledged such instrument to be the free act and deed of the County. ____________________________________ /s/____________________________, Notary Public State of Michigan, County of Oakland My commission expires ______________ Acting in the County of Oakland (Seal) Instrument Drafted By: John R. Axe Axe & Ecklund, P.C. 21 Kercheval, Suite 360 Grosse Pointe Farms, Michigan 48236 las.r1-oak240 Commissioners Minutes Continues. April 18, 2012 263 EXHIBIT A to LEASE CONTRACT The Project consists of the following listed and described infrastructure capital improvements and information technology capital improvements. Such Projects will occur on the real property described in this Exhibit, which shall be conveyed to the Authority. I. CAPITAL PROJECTS FOR INFRASTRUCTURE A. Steam tunnel repairs and renovation - The County has a series of steam tunnels running underground in the County service center complex that are in need of repair. The tunnels provide a means of transmitting steam and other connections between facilities. The steam tunnels to be repaired are located on the County service center complex in Pontiac and Waterford Township. B. Parking lot repaving program - Annually, parking lots are repaired and/or replaced located on property owned by the County. This projected parking lot cost repair and replacement covers the period from FY2012 through FY2015. Any County-owned parking lots may be repaired. C. Service center complex road repair - Annually, the County repairs its roads located on the County service center complex. The projected road repair cost covers the period from FY 2012 through FY 2015. The roads to be repaired are located on the County service center complex in Pontiac and Waterford Township. D. Water main replacement - The water main located on the County service center complex, which runs along County Center Drive in Pontiac and Waterford Township, will be replaced and repaired. E. Chiller replacement - The chiller (air conditioning unit) for Building 49 West located on the County service center complex will be replaced. F. Radio Shop Renovations/Repairs – The radio shop located on the County service center complex, in Building 16 East, maybe be renovated and repaired including but not be limited to: an addition to the existing facility, replacement of the HVAC system, renovation of plumbing and related facilities, furniture and other capital projects within the Radio Shop facility. G. Roofing repairs and maintenance – Roofing repairs are conducted on an annual basis as funds are available. The roof repairs contemplated are located generally on the County service center complex in Pontiac and Waterford Township, but also include the Oakland Pointe Office Building in Pontiac or any other County-owned buildings. II. CAPITAL PROJECTS FOR INFORMATION TECHNOLOGY A. Acquisition of equipment and related costs - The following equipment acquisitions and related costs have been targeted for the period FY 2012 through FY 2016: 1) Wide area and local area network equipment. 2) Video conferencing equipment – central servers and related replacement of software. 3) Desktop computers, laptop computers, monitors, tablets and related equipment for period FY2012 to FY2016. 4) Central server replacement. 5) EMC: NS-480 and NS-120. 6) PBX (telephone switch). 7) Mainframe tape drive replacement. 8) Other equipment purchases. B. Software creation, acquisition and / or related implementation - The following software creation and related implementation costs have been targeted for the period FY 2012 through FY 2016: 1) Video conferencing replacement of existing software (reimburse the Information Technology Fund for internal costs incurred in the re-write of the existing software.) Commissioners Minutes Continues. April 18, 2012 264 2) EMC software. III. LEGAL DESCRIPTIONS A. Parcel I.D. Number: 13-24-126-019 - Property Description - Public Works, Armory, Pt. Children's Village (Waterford Township): T3N, R9E, SEC 24 PART OF NW 1/4 BEG AT N 1/4 COR, TH S 02-42-40 E 1131.37 FT, TH S 42-24-25 W 1189.70 FT, TH N 47-36-02 W 963.28 FT, TH N 42-24-25 E 932.29 FT, TH N 52-43-05 W 399.18 FT, TH N 02-28-31 W 376.72 FT, TH N 87-25-20 E 1166.50 FT TO BEG 44.46 A 7- 29-11 FR 008 & 009 B. Parcel I.D. Number: 13-24-251-001 - Property Description - Road Commission, Pt. Children's Village (Waterford Township): T3N, R9E, SEC 24 THAT PART OF NE 1/4 LYING W OF TELEGRAPH RD 62 A W502 C. Parcel I.D. Number: 13-24-426-001 - Property Description - EOB, Farmers Market, Information Technology, Boy Scouts, Easter Seals, Credit Union (Waterford Township): T3N, R9E, SEC 24 THAT PART OF SE 1/4 LYING NLY OF CEN LINE OF PONTIAC LAKE RD & W OF TELEGRAPH RD, EXC SE PART TAKEN FOR PONTIAC LAKE RD-TELEGRAPH RD CONNECTION 36 A W525A D. Parcel I.D. Number: 13-24-227-001 - Property Description - Health Dept., PT. Courthouse, North Office Bldg., Medical Examiner, Sheriff Administration (City of Pontiac): T3N, R9E, SEC 24 THAT PART OF E 1/2 OF SEC LYING NLY OF TELEGRAPH RD & SLY OF SLY RW LINE OF GTWRR 85 A E. Parcel I.D. Number: 14-18-352-006 - Property Description - Impound Lot, Sewer Dump Station (City of Pontiac): T3N, R10E, SEC 18 & 19 PART OF SW 1/4 OF SEC 18 & PART OF NW 1/4 OF SEC 19 BEG AT NW COR OF SEC 19, TH S 01-50-30 E 389.12 FT, TH N 87-33-30 E 606.90 FT, TH N 46-29- 40 W 520.32 FT, TH N 43-30-20 E119 FT, TH N 46-29-40 W 125 FT, TH N 43-30-20 E 300 FT, TH N 46-29-40 W ALG SWLY LINE OF OAKLANDAVE TO W LINE OF SEC 18, TH SLY ALG SD SEC LINE TO BEG EXC W 30 FT IN WEST RD 7.97 A F. Parcel I.D. Number: 14-18-352-007 - Property Description - Materials Management, Sewer Dump Station (City of Pontiac): T3N, R10E, SEC 18 & 19 PART OF SW 1/4 OF SEC 18 & PART OF NW 1/4 OF SEC 19 BEG AT PT DIST S 0150-30 E 389.12 FT & N 87-33-30 E 606.90 FT FROM NW COR OF SEC 19, TH N 46-29-40 W 520.32 FT, TH N 4330-20 E 119 FT, TH N 46-29-40 W 125 FT, TH N 43-30-20 E 300 FT, TH S 46-29-40 E 650 FT ALG SWLY LINE OF OAKLAND AVE TO NWLY R/W LINE OF GTRR, TH SWLY 414.17 FT ALG SD LI, TH S 87-33-30 W 6.73 FT TO BEG 5.91 A G. Parcel I.D. Number: 14-19-151-001 - Property Description - Pt. Courthouse, Central Garage, Jail, Power House (City of Pontiac): T3N, R10E, SEC 19 PART OF NW 1/4 BOUNDED ON S BY E & W 1/4 LINE, ON W BY W SEC LINE & ON NE BY GTRR R/W 35.0 A H. Parcel I.D. Number: 14-30-251-001 - Property Description - Oakland Pte. East (City of Pontiac): T3N, R10E, SEC 30 PART OF NW 1/4 BEG AT PT DIST S 89-15-33 E 50 FT & S 00-13-24 E 1200 FT & S 89-15-33 E 1800 FT & S 00-13-24 E 475 FT & S 89-15-33 E 167.40 FT FROM SW COR OF SEC 19, TH S 89-15-33 E 295.13 FT, TH S 00-13-24 E 269.23 FT, TH S 45-13-24 E Commissioners Minutes Continues. April 18, 2012 265 69.17 FT, TH S 00-13-24 E 331.40 FT, TH S 88-15-41 W 344.12 FT, TH N 00-13-24 W 663.61 FT TO BEG 4.85 A 2/9/89 FR 14-19-351-007 I. Parcel I.D. Number: 14-30-251-002 - Property Description - Oakland Pte. West (City of Pontiac): T3N, R10E, SEC 30 PART OF NW 1/4 BEG AT PT DIST S 89-15-33 E 50 FT & S 00-13-24 E 1200 FT & S 89-15-33 E 1800 FT & S 00-13-24 E 475 FT & S 89-15-33 E 462.53 FT FROM SW COR OF SEC 19, TH S 89-15-33 E 344.87 FT, TH S 00-44-27 W 637.22 FT, TH S 88-41-41 W 123.06 FT, TH S 88-15-41 W 162.21 FT, TH N 00-13-24 W 331.40 FT, TH N 45-13-24 W 69.17 FT, TH N 00-13-24 W 269.23 FT TO BEG 4.62 A 9/7/89 FR 14-19-351008 J. Parcel I.D. Number: 20-32-226-010 - Property Description - S. Oakland Bldg. (City of Troy): T2N, R11E, SEC 32 OAKWOOD INDUSTRIAL PARK LOT 7 K. Parcel I.D. Number: 24-13-426-004 - Property Description - South Oakland Health (City of Southfield): T1N, R10E, SEC 13 OAKLAND GARDENS SUB PART OF LOT 23, ALSO ALL OF LOTS 24 TO 43 INCL, ALSO PART OF LOTS 44 TO 60 INCL, ALSO PART OF LOT 211, ALSO ALL OF LOTS 212 TO 218 INCL, ALSO PART OF LOT 219, ALSO ALL OF LOTS 309 TO 312 INCL, ALSO PART OF LOTS 313 TO 316 INCL, ALSO ALL VAC STREETS & ALLEYS LOC WITHIN THE FOL DESC PCL BEG AT PT DIST N 01-03-00 W 488.78 FT & S 88-13-00 W 7 FT FROM SE COR OF LOT 84 OF SD 'PLAT', TH S 88-13-00 W 658.44 FT, TH N 01-03-00 W 330.04 FT, TH N 88-13-00 E 658.44 FT, TH S 01-03-00 E 330.04 FT TO BEG 3-10-09 FR 001 IV. PRELIMINARY PROJECT COST ESTIMATE: All Project Costs including Financing Costs, Bond Discount and Contingency $19,325,000.00 las.r1-oak240 EXHIBIT B to LEASE CONTRACT OAKLAND BUILDING AUTHORITY PROJECT SCHEDULE OF PRINCIPAL AND INTEREST _______________________________________________________________ DUE AMOUNT TOTAL $_________ Commissioners Minutes Continues. April 18, 2012 266 APPENDIX II NOTICE OF INTENTION OF THE COUNTY OF OAKLAND TO ENTER INTO A LEASE CONTRACT WITH THE OAKLAND COUNTY BUILDING AUTHORITY AND NOTICE OF RIGHT TO PETITION FOR REFERENDUM THEREON TO ALL ELECTORS AND TAXPAYERS OF THE COUNTY OF OAKLAND: NOTICE IS HEREBY GIVEN that the Board of Commissioners of the County of Oakland, Michigan (the "County"), has authorized the execution of a full faith and credit general obligation lease contract (the "Lease") between the County and the Oakland County Building Authority (the "Authority"). The Lease provides, among other things, for the following purposes: See Exhibit A to be located at: See Exhibit A (the "Project"). The Lease provides further that the Authority will finance all or a portion of the total cost of the Project by the issuance of one or more series of building authority bonds (the "Bonds") pursuant to the provisions of Act No. 31, Public Acts of Michigan, 1948 (First Extra Session), as amended ("Act 31"), in anticipation of the receipt of cash rental payments to be made by the County to the Authority pursuant to the Lease. The maximum amount of bonds to be issued in one or more series shall not exceed $19,325,000, the term of the Lease shall not exceed 50 years and the Bonds shall bear interest at a rate or rates that will result in a net interest cost of not more than 8% per annum. FULL FAITH AND CREDIT AND TAXING POWER OF THE COUNTY OF OAKLAND WILL BE PLEDGED NOTICE IS FURTHER GIVEN that in the Lease the County will obligate itself to make cash rental payments to the Authority in amounts sufficient to pay the principal of and interest on the Bonds. The full faith and credit of the County will be pledged for the making of such cash rental payments. Pursuant to such pledge of its full faith and credit, the County will be obligated to levy such ad valorem taxes upon all taxable property in the County as shall be necessary to make such cash rental payments, which taxes, however, will be subject to applicable statutory and constitutional limitations on the taxing power of the County. In addition to its obligation to make cash rental payments, the County will agree in the Lease to pay all costs and expenses of operation and maintenance of the Project and all expenses of the Authority incidental to the issuance and payment of the Bonds, to the extent such expenses are not payable from the proceeds of the Bonds. RIGHT TO PETITION FOR REFERENDUM NOTICE IS FURTHER GIVEN to the electors and taxpayers of the County to inform them of the right to petition for a referendum on the question of entering into the Lease. The County intends to enter into the Lease without a vote of the electors thereon, but the Lease shall not become effective until 60 days after publication of this notice. If, within 45-days after publication of this notice, a petition for referendum requesting an election on the Lease, signed by not less than 10% or 15,000 of the registered electors of the County, whichever is less, has been filed with the County Clerk, the Lease shall not become effective unless and until approved by a majority of the electors of the County voting thereon at a general or special election. This notice is given by order of the Board of Commissioners pursuant to Act 31. Further information may be obtained at the office of the Oakland County Clerk, County Service Center, 1200 N. Telegraph Rd., Pontiac, Michigan 48341. Commissioners Minutes Continues. April 18, 2012 267 EXHIBIT A to LEASE CONTRACT The Project consists of the following listed and described infrastructure capital improvements and information technology capital improvements. Such Projects will occur on the real property described in this Exhibit, which shall be conveyed to the Authority. I. CAPITAL PROJECTS FOR INFRASTRUCTURE A. Steam tunnel repairs and renovation - The County has a series of steam tunnels running underground in the County service center complex that are in need of repair. The tunnels provide a means of transmitting steam and other connections between facilities. The steam tunnels to be repaired are located on the County service center complex in Pontiac and Waterford Township. B. Parking lot repaving program - Annually, parking lots are repaired and/or replaced located on property owned by the County. This projected parking lot cost repair and replacement covers the period from FY 2012 through FY 2015. Any County-owned parking lots may be repaired. C. Service center complex road repair - Annually, the County repairs its roads located on the County service center complex. The projected road repair cost covers the period from FY 2012 through FY 2015. The roads to be repaired are located on the County service center complex in Pontiac and Waterford Township. D. Water main replacement - The water main located on the County service center complex, which runs along County Center Drive in Pontiac and Waterford Township, will be replaced and repaired. E. Chiller replacement - The chiller (air conditioning unit) for Building 49 West located on the County service center complex will be replaced. F. Radio Shop Renovations/Repairs – The radio shop located on the County service center complex, in Building 16 East, maybe be renovated and repaired including but not be limited to: an addition to the existing facility, replacement of the HVAC system, renovation of plumbing and related facilities, furniture and other capital projects within the Radio Shop facility. G. Roofing repairs and maintenance – Roofing repairs are conducted on an annual basis as funds are available. The roof repairs contemplated are located generally on the County service center complex in Pontiac and Waterford Township, but also include the Oakland Pointe Office Building in Pontiac or any other County-owned buildings. II. CAPITAL PROJECTS FOR INFORMATION TECHNOLOGY A. Acquisition of equipment and related costs - The following equipment acquisitions and related costs have been targeted for the period FY 2012 through FY 2016: 1) Wide area and local area network equipment. 2) Video conferencing equipment – central servers and related replacement of software. 3) Desktop computers, laptop computers, monitors, tablets and related equipment for period FY 2012 to FY 2016. 4) Central server replacement. 5) EMC: NS-480 and NS-120. 6) PBX (telephone switch). 7) Mainframe tape drive replacement. 8) Other equipment purchases. B. Software creation, acquisition and/or related implementation - The following software creation and related implementation costs have been targeted for the period FY 2012 through FY 2016: 1) Video conferencing replacement of existing software (reimburse the Information Technology Fund for internal costs incurred in the re-write of the existing software.) Commissioners Minutes Continues. April 18, 2012 268 2) EMC software. III. LEGAL DESCRIPTIONS A. Parcel I.D. Number: 13-24-126-019 - Property Description - Public Works, Armory, Pt. Children's Village (Waterford Township): T3N, R9E, SEC 24 PART OF NW 1/4 BEG AT N 1/4 COR, TH S 02-42-40 E 1131.37 FT, TH S 42-24-25 W 1189.70 FT, TH N 47-36-02 W 963.28 FT, TH N 42-24-25 E 932.29 FT, TH N 52-43-05 W 399.18 FT, TH N 02-28-31 W 376.72 FT, TH N 87-25-20 E 1166.50 FT TO BEG 44.46 A 7- 29-11 FR 008 & 009 B. Parcel I.D. Number: 13-24-251-001 - Property Description - Road Commission, Pt. Children's Village (Waterford Township): T3N, R9E, SEC 24 THAT PART OF NE 1/4 LYING W OF TELEGRAPH RD 62 A W502 C. Parcel I.D. Number: 13-24-426-001 - Property Description - EOB, Farmers Market, Information Technology, Boy Scouts, Easter Seals, Credit Union (Waterford Township): T3N, R9E, SEC 24 THAT PART OF SE 1/4 LYING NLY OF CEN LINE OF PONTIAC LAKE RD & W OF TELEGRAPH RD, EXC SE PART TAKEN FOR PONTIAC LAKE RD-TELEGRAPH RD CONNECTION 36 A W525A D. Parcel I.D. Number: 13-24-227-001 - Property Description - Health Dept., PT. Courthouse, North Office Bldg., Medical Examiner, Sheriff Administration (City of Pontiac): T3N, R9E, SEC 24 THAT PART OF E 1/2 OF SEC LYING NLY OF TELEGRAPH RD & SLY OF SLY RW LINE OF GTWRR 85 A E. Parcel I.D. Number: 14-18-352-006 - Property Description - Impound Lot, Sewer Dump Station (City of Pontiac): T3N, R10E, SEC 18 & 19 PART OF SW 1/4 OF SEC 18 & PART OF NW 1/4 OF SEC 19 BEG AT NW COR OF SEC 19, TH S 01-50-30 E 389.12 FT, TH N 87-33-30 E 606.90 FT, TH N 46-29-40 W 520.32 FT, TH N 43-30-20 E119 FT, TH N 46-29-40 W 125 FT, TH N 43-30-20 E 300 FT, TH N 46-29-40 W ALG SWLY LINE OF OAKLANDAVE TO W LINE OF SEC 18, TH SLY ALG SD SEC LINE TO BEG EXC W 30 FT IN WEST RD 7.97 A F. Parcel I.D. Number: 14-18-352-007 - Property Description - Materials Management, Sewer Dump Station (City of Pontiac): T3N, R10E, SEC 18 & 19 PART OF SW 1/4 OF SEC 18 & PART OF NW 1/4 OF SEC 19 BEG AT PT DIST S 0150-30 E 389.12 FT & N 87-33-30 E 606.90 FT FROM NW COR OF SEC 19, TH N 46-29-40 W 520.32 FT, TH N 4330-20 E 119 FT, TH N 46-29-40 W 125 FT, TH N 43-30-20 E 300 FT, TH S 46-29-40 E 650 FT ALG SWLY LINE OF OAKLAND AVE TO NWLY R/W LINE OF GTRR, TH SWLY 414.17 FT ALG SD LI, TH S 87-33-30 W 6.73 FT TO BEG 5.91 A G. Parcel I.D. Number: 14-19-151-001 - Property Description - Pt. Courthouse, Central Garage, Jail, Power House (City of Pontiac): T3N, R10E, SEC 19 PART OF NW 1/4 BOUNDED ON S BY E & W 1/4 LINE, ON W BY W SEC LINE & ON NE BY GTRR R/W 35.0 A H. Parcel I.D. Number: 14-30-251-001 - Property Description - Oakland Pte. East (City of Pontiac): T3N, R10E, SEC 30 PART OF NW 1/4 BEG AT PT DIST S 89-15-33 E 50 FT & S 00-13-24 E 1200 FT & S 89-15-33 E 1800 FT & S 00-13-24 E 475 FT & S 89-15-33 E 167.40 FT FROM SW COR OF SEC 19, TH S 89-15-33 E 295.13 FT, TH S 00-13-24 E 269.23 FT, TH S 45-13-24 E Commissioners Minutes Continues. April 18, 2012 269 69.17 FT, TH S 00-13-24 E 331.40 FT, TH S 88-15-41 W 344.12 FT, TH N 00-13-24 W 663.61 FT TO BEG 4.85 A 2/9/89 FR 14-19-351-007 I. Parcel I.D. Number: 14-30-251-002 - Property Description - Oakland Pte. West (City of Pontiac): T3N, R10E, SEC 30 PART OF NW 1/4 BEG AT PT DIST S 89-15-33 E 50 FT & S 00-13-24 E 1200 FT & S 89-15-33 E 1800 FT & S 00-13-24 E 475 FT & S 89-15-33 E 462.53 FT FROM SW COR OF SEC 19, TH S 89-15-33 E 344.87 FT, TH S 00-44-27 W 637.22 FT, TH S 88-41-41 W 123.06 FT, TH S 88-15-41 W 162.21 FT, TH N 00-13-24 W 331.40 FT, TH N 45-13-24 W 69.17 FT, TH N 00-13-24 W 269.23 FT TO BEG 4.62 A 9/7/89 FR 14-19-351008 J. Parcel I.D. Number: 20-32-226-010 - Property Description - S. Oakland Bldg. (City of Troy): T2N, R11E, SEC 32 OAKWOOD INDUSTRIAL PARK LOT 7 K. Parcel I.D. Number: 24-13-426-004 - Property Description - South Oakland Health (City of Southfield): T1N, R10E, SEC 13 OAKLAND GARDENS SUB PART OF LOT 23, ALSO ALL OF LOTS 24 TO 43 INCL, ALSO PART OF LOTS 44 TO 60 INCL, ALSO PART OF LOT 211, ALSO ALL OF LOTS 212 TO 218 INCL, ALSO PART OF LOT 219, ALSO ALL OF LOTS 309 TO 312 INCL, ALSO PART OF LOTS 313 TO 316 INCL, ALSO ALL VAC STREETS & ALLEYS LOC WITHIN THE FOL DESC PCL BEG AT PT DIST N 01-03-00 W 488.78 FT & S 88-13-00 W 7 FT FROM SE COR OF LOT 84 OF SD 'PLAT', TH S 88-13-00 W 658.44 FT, TH N 01-03-00 W 330.04 FT, TH N 88-13-00 E 658.44 FT, TH S 01-03-00 E 330.04 FT TO BEG 3-10-09 FR 001 IV. PRELIMINARY PROJECT COST ESTIMATE: All Project Costs including Financing Costs, Bond Discount and Contingency $19,325,000.00 las.r1-oak240 Commissioners Minutes Continued. April 18, 2012 270 APPENDIX III FORM OF DECLARATION OF OFFICIAL INTENT I, the undersigned __________ of the County of Oakland, Michigan, do hereby certify as follows: 1. I am an officer of the County authorized to declare official intent of the County to reimburse expenditures made, prior to the issuance of debt, from the proceeds of said debt. 2. This Declaration relates to the following expenditures (the "Expenditures"): Amount General Purpose 3. The Expenditures are with respect to property (the "Property") having: (A) the following general character, type or purpose: __________________________________________________ _______________________________________; (B) the following size, quantity or cost: __________ _________________________________________________; and (C) a reasonably expected economic life at least one (1) year. 4. I understand that a substantial deviation between the above description of the Property for which the Expenditures are being made and the actual Property which is acquired or constructed will invalidate this declaration of official intent with the result that any proceeds of tax-exempt debt which are used to reimburse for the Expenditures will not be deemed to have been expended upon such reimbursement. 5. The County intends to reimburse the Expenditures by incurring taxable or tax-exempt debt (the "Reimbursement Obligations"). 6. The expected source of funds that will be used to pay the Expenditures is as follows: issuance of up to $_________ of Building Authority Bonds by the Oakland County Building Authority. 7. The expected source of funds to be used to pay debt service on the Reimbursement Obligation is as follows: payment made by the Oakland County ____________________ through the Oakland County General Fund. 8. This declaration of intent is consistent with the budgetary and financial circumstances of the County as of the date hereof in that there are no funds which are now or are reasonably expected to be, (A) allocated on a long-term basis, (B) reserved or (C) otherwise available pursuant to the County's budget, to pay the Expenditure. 9. The County does not have a pattern of failure to reimburse expenditures for which official intent has been declared in that at least seventy-five percent (75%) of all expenditures made after Commissioners Minutes Continued. April 18, 2012 271 ________, for which the County has declared an intent to reimburse from the proceeds of taxable or tax-exempt debt have been, or are expected to be, so reimbursed. 10. I acknowledge that in the event that the County fails to use the proceeds of Reimbursement Obligations issued within three (3) years of the date hereof to reimburse expenditures the same may adversely affect the ability of the County to use the proceeds of tax-exempt obligations in the future to reimburse for expenditures made prior to the issuance of such obligations. 11. I further acknowledge that unless the Expenditures constitute preliminary expenditures (in the nature of architect services and soil testing but excluding land acquisition) for the Property not in excess of ten percent (10%) of the expected cost of the project of which the Property constitutes a part, the Expenditures will be paid within not in excess of two (2) years following the date hereof or, as an alternative, this declaration of intent will be renewed. 12. I further acknowledge that it is expected that the proceeds of Reimbursement Obligations will be used for reimbursement of each Expenditure not later than (A) the date that is one (1) year after the date on which such Expenditure is paid or (B) the date that is one (1) year after the date on which the Property is placed in service. 13. I further acknowledge that I will assure that the allocation referenced in item 12 (A) will be evidenced by an entry on the records of the County maintained with respect to the Reimbursement Obligations, (B) will specifically identify the Expenditure being reimbursed, and (C) on the advice of the appropriate counsel will be sufficient to relieve the allocated proceeds of the Reimbursement Obligations covered by such entry from any restrictions under the relevant legal documents and applicable state law that apply only to unspent proceeds of Reimbursement Obligations. 14. I further acknowledge that I will assure that except as referenced in item 15 the proceeds of the Reimbursement Obligations that are used to reimburse the Expenditures will not be used, directly or indirectly, (A) to pay debt service on an issue of tax-exempt obligations, (B) to create or increase the balance in a sinking fund established for the payment of debt service on the Reimbursement Obligations or another issue of tax-exempt obligations of the County or to replace funds that have been, are being, or will be so used for reserve or replacement fund purpose, or (D) to reimburse any expenditures or any payment with respect to financing of an expenditure that was originally paid with proceeds of any tax-exempt obligations of the County to any person or entity other than the County. 15. I understand that item 14 does not prohibit the use of those proceeds of the Reimbursement Obligations that are used to reimburse the Expenditures for (A) deposit in a bona fide debt service fund (that is, a fund established to pay debt service on any tax-exempt obligation of the County, other than the Reimbursement Obligation, which is depleted annually except for a reasonable carry over amount not in excess of one (1) year's interest earnings on said fund or one-twelfth (1/12th) of annual debt service), (B) to pay current debt service coming due within the next succeeding one-year period on any tax-exempt obligation of the County, other than the Reimbursement Obligations, or (C) to reimburse for expenditures originally made from the proceeds of a tax-exempt obligation of the County which were not reasonably expected by the County, on the date of issue of such obligation, to be used for such expenditure. IN WITNESS WHEREOF the undersigned has executed this declaration of official intent this ______ day of ________, ____. ___________________________________ County ____________ las.r1-oak240 Commissioners Minutes Continued. April 18, 2012 272 The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #12101 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: SHERIFF’S OFFICE - AUTHORIZATION FOR SALE OF RECOVERED AND STOLEN PROPERTY IN SPRING AUCTION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the provisions of Act 54 of the Public Act of 1959, as amended, requires board authorization for the disposal of recovered and stolen property that has been unclaimed for six (6) months; and WHEREAS the Department of Central Services conducts a spring and fall auction for the County of Oakland; and WHEREAS the spring auction will be held on Saturday, May 12, 2012; and WHEREAS the Sheriff of Oakland County, by letter of March 7, 2012, has requested the authority of the Oakland County Board of Commissioners to proceed with the sale of the aforementioned items, as detailed in the attached list, in the spring auction. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the Sheriff of Oakland County to dispose of unclaimed property in the manner prescribed in Act 54 of the Public Acts of 1959, as amended. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Sheriff’s Office Main Property Room Bidcorp.com Auctions inventory list, Oakland County Auction List Investigative & Forensic Services and Oakland County Auction List Patrol Services – Pontiac Substation on file in County Clerk’s office. Moved by Runestad supported by Covey the resolution be adopted. AYES: Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, River, Runestad, Scott, Taub, Weipert, Woodward, Zack, Covey, Crawford. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. MISCELLANEOUS RESOLUTION #12102 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: SHERIFF'S OFFICE – POSITION DELETION DUE TO TERMINATION OF 2011 MARINE PATROL SERVICES AGREEMENT FOR THE VILLAGE OF WOLVERINE LAKE 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 Village of Wolverine Lake had requested per MR #11092 (effective May 1, 2010) that the Oakland County Sheriff provide seasonal marine patrol services to the citizens of the Township for lakes in the Township; and WHEREAS the seasonal contract to provide said services was established in May 1, 2011 and with it the creation of one position under the terms of the contract; and WHEREAS the effective date of this contract was May 20, 2011 through September 30, 2011; and WHEREAS the contract to provide seasonal marine patrol services to the citizens of the Township for lakes in the Township expired on September 30, 2011; and WHEREAS the Sheriff requests the deletion of one (1) part-time non-eligible (PTNE) 125 hours/year Marine Safety Deputy I position (#4030635-10947) because funding is no longer available due to the expiration of this seasonal contract. Commissioners Minutes Continued. April 18, 2012 273 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the deletion of one (1) part-time non-eligible (PTNE) 125 hours/year Marine Safety Deputy I position (#4030635-10947). BE IT FURTHER RESOLVED that this position deletion will take effect on May 2, 2012. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE The Chairperson referred the resolution to the Finance Committee and the Human Resources Committee. There were no objections. MISCELLANEOUS RESOLUTION #12103 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: SHERIFF'S OFFICE – BUDGETARY AND PERSONNEL ACTIONS TO STRUCTURALLY ADJUST SALARIES BUDGET To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in response to the weakened economy Oakland County implemented departmental budget tasks and a reduction in salaries to maintain a budget balance; and WHEREAS per MR #09235 a 2.5% decrease in salaries was adopted effective September 26, 2009; the beginning of the first period for Fiscal Year 2010; and WHEREAS per MR #10248 a 1.5% decrease in salaries was adopted effective September 25, 2010; the beginning of the first period for Fiscal Year 2011; and WHEREAS the Sheriff’s Office opted to maintain vacant certain positions while negotiations with bargaining units continued after the salary decreases were implemented; and WHEREAS agreements could not be reached with either the Oakland County Command Officers Association (COA) and the Oakland County Deputy Sheriff’s Association (OCDSA) and an Act 312 Arbitration was held to determine wages, among other items, for both groups; and WHEREAS the Act 312 Arbitrator recently reached a decision related to salaries for both the COA and the OCDSA for Fiscal Years 2010/2011/2012; and WHEREAS the Arbitration Award provides for members of these bargaining units to receive a salary decrease of 2.5% consistent with the action taken per MR #09235; and WHEREAS the Arbitration Award does not include a salary decrease of 1.5% for the FY 2011; and WHEREAS the Sheriff’s Office is proposing some structural changes to equate the impact of ($654,706) the salary decrease of 1.5% authorized per MR #10248; and WHEREAS the proposed Sheriff’s Office structural changes have an expense reduction in salaries and fringes estimated at $654,706 and include the deletion of one (1) GF/GP Sergeant position in the Special Teams unit of the Investigative & Forensic Services Division, four (4) Deputy II positions in the Traffic unit and two (2) Deputy II positions in the Patrol unit of the Patrol Services Division, as well as one (1) fully marked patrol vehicle; and WHEREAS this proposal has been reviewed by the Management & Budget and the Human Resources Department. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the structural actions estimated at $654,706 in the Sheriff’s Office to maintain a balanced budget. BE IT FURTHER RESOLVED that the following GF/GP positions be deleted in the Sheriff’s Office: Classification Position and Location Sergeant 4030915-02311 Deputy II 4030630-01591, 02948, 07743, & 02519 Deputy II 4030615-00506 & 00893 BE IT FURTHER RESOLVED that one (1) marked patrol unit be deleted from the County Fleet. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE The Chairperson referred the resolution to the Finance Committee and the Human Resources Committee. There were no objections. Commissioners Minutes Continued. April 18, 2012 274 MISCELLANEOUS RESOLUTION #12104 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: SHERIFF’S OFFICE – CONTRACT FOR EMERGENCY MEDICAL DISPATCH SERVICES FOR THE CITY OF PONTIAC FOR 2012-2015 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 Police and Fire Dispatch services; and WHEREAS MR #11020 established the Fire Dispatch Services contract for the City of Pontiac and created four (4) GF/GP Dispatch Specialists positions; and WHEREAS the City of Pontiac has since contracted with Waterford Township for Fire services effective February 1, 2012; and WHEREAS the City of Pontiac through the Emergency Manager has requested that the Sheriff’s Office continue to dispatch Emergency Medical Dispatch (EMD) services only for the City of Pontiac; and WHEREAS since the Sheriff will only be doing EMD services for the City, the revenue generated from the previous contract will be reduced thus requiring the reduction of two (2) GF/GP Dispatch Specialist positions(#4030510-11111 and 4030510-11112); and WHEREAS the Sheriff’s Office is recommending Emergency Medical Dispatch services per the attached contract between the County of Oakland and City of Pontiac; 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 Emergency Medical Dispatch Service Agreement with the City of Pontiac. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes its Chairperson to sign said agreement. BE IT FURTHER RESOLVED that two (2) GF/GP Dispatch Specialists positions (#4030510-11111 and 4030510-11112) be deleted in the Sheriff Emergency Response & Preparedness Division, Communications Unit. BE IT FURTHER RESOLVED that the future level of service, including the continuation of positions be contingent upon the level of funding associated with this agreement. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Emergency Medical Dispatch Service Agreement Between the County of Oakland and the City of Pontiac Incorporated by Reference. Original on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee and the Human Resources Committee. There were no objections. REPORT (MISC. #12062) BY: Human Resources Committee, John Scott, 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: The Human Resources Committee having reviewed MR #12062 on April 11, 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 #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: Commissioners Minutes Continued. April 18, 2012 275 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. FISCAL NOTE (MISC. #12062) BY: Finance Committee, Tom Middleton, 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: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. This resolution requests the Board of Commissioners to approve a request from the Water Resources Commissioner to enter into a Professional Services Contract with former Oakland County employee Ben Lewis. 2. Miscellaneous Resolution #93300 requires the Board of Commissioners to approve request for Professional Services Contracts with former Oakland County employees. 3. Ben Lewis will provide Professional Engineering Services related to reviewing and developing enhancements for major maintenance and capital improvements of water systems, sewage systems and drainage districts. 4. The contract is not to exceed $294,500. 5. The full term of the contract period is from April 2012 through April 2014. 6. The contract will be paid for through system reserves. 7. The following budget amendment is recommended for Fiscal Years 2012/2013/2014. Commissioners Minutes Continued. April 18, 2012 276 Revenues FY 2012 FY 2013 FY 2014 57010-6010101-149030-665882 Planned Use of Balance ($ 21,204) ($ 42,408) ($ 24,738) 58410-6010101-149030-665882 Planned Use of Balance ($ 14,843) ($ 29,686) ($ 17,317) 58530-6010101-149030-665882 Planned Use of Balance ($ 19,084) ($ 38,167) ($ 22,264) 58600-6010101-149030-665882 Planned Use of Balance ($ 12,722) ($ 25,445) ($ 14,843) 58700-6010101-149030-665882 Planned Use of Balance ($ 2,827) ($ 5,654) ($ 3,298) Total ($ 70,680) ($141,360) ($ 82,460) Expenses 57010-6010101-149030-731458 Professional Services $ 21,204 $ 42,408 $ 24,738 58410-6010101-149030-731458 Professional Services $ 14,843 $ 29,686 $ 17,317 58530-6010101-149030-731458 Professional Services $ 19,084 $ 38,167 $ 22,264 58600-6010101-149030-731458 Professional Services $ 12,722 $ 25,445 $ 14,843 58700-6010101-149030-731458 Professional Services $ 2,827 $ 5,654 $ 3,298 Total $ 70,680 $141,360 $ 82,460 FINANCE COMMITTEE The Chairperson referred the resolution to the Human Resources Committee. There were no objections. MISCELLANEOUS RESOLUTION #12105 BY: Commissioner Bill Dwyer, District #14 IN RE: BOARD OF COMMISSIONERS - RECOGNITION OF NATIONAL LAW ENFORCEMENT OFFICER WEEK — MAY 13 - 19, 2012 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS The Congress and President of the United States have designated May 15 as Peace Officers' Memorial Day, and the week in which May 15 falls as National Police week; and WHEREAS the members of the Oakland County Sheriff’s Office play an essential role in safeguarding the rights and freedoms of Oakland County; and WHEREAS it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of their law enforcement agency, and that members of the Oakland County Sheriff’s Office recognize their duty to serve the people by safeguarding life and property by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression; and WHEREAS the men and women of the Oakland County Sheriff’s Office unceasingly provide a vital public service. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners call upon all citizens of Oakland County and upon all patriotic, civic and educational organizations to observe the week of May 13 - 19, 2012, as Police Week with appropriate ceremonies and observances in which all of our people may join in commemorating law enforcement officers, past and present, who, by their faithful and loyal devotion to their responsibilities, have rendered a dedicated service to their communities and, in so doing, have established for themselves an enviable and enduring reputation for preserving the rights and security of all citizens. BE IT FURTHER RESOLVED to call upon all citizens of Oakland County to observe Tuesday, May 15, 2012, as Peace Officers' Memorial Day in honor of those law enforcement officers who, through their courageous deeds, have made the ultimate sacrifice in service to their community or have become disabled in the performance of duty, and let us recognize and pay respect to the survivors of our fallen heroes. Chairperson, I move adoption of the foregoing resolution. BILL DWYER, CHRISTINE LONG, BOB GOSSELIN, KATHY CRAWFORD, DAVE WOODWARD, DAVID POTTS, MARCIA GERSHENSON, PHILIP WEIPERT, JIM NASH, ANGELA RIVER, CRAIG COVEY, JEFF MATIS, MATTIE HATCHETT, SHELLEY TAUB, NANCY Commissioners Minutes Continued. April 18, 2012 277 QUARLES, MICHAEL GINGELL, GARY MCGILLIVRAY, HELAINE ZACK, JIM RUNESTAD, BETH NUCCIO Moved by Dwyer supported by Middleton to suspend the rules and vote on Miscellaneous Resolution #12105 - Board of Commissioners - Recognition of National Law Enforcement Officer Week — May 13 - 19, 2012. Vote on motion to suspend the rules: AYES: Gershenson, Gingell, Gosselin, Hatchett, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, River, Runestad, Scott, Taub, Weipert, Woodward, Zack, Covey, Crawford, Dwyer. (23) NAYS: None. (0) A sufficient majority having voted in favor, the motion to suspend the rules and vote on Miscellaneous Resolution #12105 - Board of Commissioners - Recognition of National Law Enforcement Officer Week — May 13 - 19, 2012 carried. Moved by Dwyer supported by McGillivray the resolution be adopted. AYES: Gingell, Gosselin, Hatchett, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, River, Runestad, Scott, Taub, Weipert, Woodward, Zack, Covey, Crawford, Dwyer, Gershenson. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. MISCELLANEOUS RESOLUTION #12106 BY: Commissioner Jim Runestad, District #6 IN RE: BOARD OF COMMISSIONERS - RECOGNITION OF NATIONAL CORRECTIONS OFFICER WEEK — MAY 1 - 7, 2012 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS according to the U.S. Bureau of Justice Statistic’s information published in May 2010, at midyear 2010, 748,728 inmates were housed in the nation's local jails; and WHEREAS the Oakland County Sheriff’s Office Corrections' Divisions housed a daily average of 1,531 inmates in 2011; and WHEREAS last year almost 20,000 persons were admitted into the Oakland County jail facilities including juveniles, mentally ill, persons awaiting trial, persons pending arraignment, protective custody cases, infirm, persons awaiting transfer to State, Federal or other jurisdictions, and sentenced; and WHEREAS the Oakland County Sheriff’s Office Corrections Deputies are responsible for overall inmate supervision to ensure safe, secure and orderly facility operations, intake and release of all persons, identification of special needs and classification of all inmates, inmate and professional visitation, inmate transport and Court security; and WHEREAS the Oakland County Sheriff’s Office Corrections' Divisions are recognized as innovative, professional and able to operate a very complex and crowded set of multiple facilities, transport and coordinate an enormous number of inmate movements on a daily basis with a minimal number of staff/inmate injuries or escapes; and WHEREAS the week of May 1-7, 2012, has been designated as National Corrections Officer Week. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby acknowledge the hard work and dedication of the Oakland County Sheriff’s Office Corrections' Deputies and the special contribution they make to ensure the public safety of all citizens in Oakland County. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners does hereby honor all the Corrections' Deputies of the Oakland County Sheriff’s Office for their unique skills and abilities and devotion to duty and pronounce a special thanks to all those Deputies on behalf of the citizens of Oakland County. Commissioners Minutes Continued. April 18, 2012 278 Chairperson, I move adoption of the foregoing resolution. JIM RUNESTAD, PHILIP WEIPERT, CHRSTINE LONG, BOB GOSSELIN, KATHY CRAWFORD, ANGELA RIVER, JOHN SCOTT, JEFF MATIS, CRAIG COVEY, BETH NUCCIO, JIM NASH, BILL DWYER, MARCIA GERSHENSON, DAVID POTTS, HELAINE ZACK, JANET JACKSON, MATTIE HATCHETT, NANCY QUARLES, SHELLEY TAUB Moved by Runestad supported by Covey to suspend the rules and vote on Miscellaneous Resolution #12106 - Board of Commissioners - Recognition of National Corrections Officer Week — May 1 - 7, 2012. Vote on motion to suspend the rules: AYES: Gosselin, Hatchett, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, River, Runestad, Scott, Taub, Weipert, Woodward, Zack, Covey, Crawford, Dwyer, Gershenson, Gingell. (23) NAYS: None. (0) A sufficient majority having voted in favor, the motion to suspend the rules and vote on Miscellaneous Resolution #12106 - Board of Commissioners - Recognition of National Corrections Officer Week — May 1 - 7, 2012 carried. Moved by Runestad supported by Covey the resolution be adopted. AYES: Hatchett, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, River, Runestad, Scott, Taub, Weipert, Woodward, Zack, Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. MISCELLANEOUS RESOLUTION #12107 BY: Commissioner Beth Nuccio, District #1 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION – OAKWOOD ROAD – VILLAGE OF ORTONVILLE - PROJECT NO. 51241 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 Commissioners Minutes Continued. April 18, 2012 279 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 Village of Ortonville, 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 Village of Ortonville and said appropriation has been transferred to a project account; and WHEREAS the Village of Ortonville 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 Village of Ortonville is $2,205. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Village of Ortonville 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 Village of Ortonville. Chairperson, I move the adoption of the foregoing Resolution. BETH NUCCIO Copy of Correspondence from Patricia Z. Wierzbicki Deputy - Secretary/Clerk of the Board for the Oakland County Road Commission, 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. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #12108 BY: Commissioner Shelley Taub, District #16 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION – PONTIAC TRAIL – CITY OF ORCHARD LAKE VILLAGE - PROJECT NO. 51321 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 Commissioners Minutes Continued. April 18, 2012 280 Committee and the full Board before any funds are released from the Tri-Party Program designation account; and WHEREAS the City of Orchard Lake Village, 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 Orchard Lake Village and said appropriation has been transferred to a project account; and WHEREAS the City of Orchard Lake Village 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 Orchard Lake Village is $30,940. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the City of Orchard Lake Village 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 Orchard Lake Village. Chairperson, I move the adoption of the foregoing Resolution. SHELLEY TAUB Copy of Correspondence from Patricia Z. Wierzbicki Deputy - Secretary/Clerk of the Board for the Oakland County Road Commission and Cost Participation Agreement on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. The Board adjourned at 8:04 p.m. to the call of the Chair or May 2, 2012, at 7:00 p.m. BILL BULLARD, JR. MICHAEL J. GINGELL Clerk Chairperson