Loading...
HomeMy WebLinkAboutMinutes - 2012.06.07 - 7859414 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES June 7, 2012 Meeting called to order by Chairperson Michael Gingell at 9:53 a.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Bosnic, Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, River, Runestad, Scott, Taub, Weipert, Woodward, Zack. (25) EXCUSED ABSENCE WITH NOTICE: None. (0) Quorum present. Invocation given by Marcia Gershenson who asked Barbara Hankey, Manager Community Corrections; and Suzanne Hollyer, Friend of Court to join her. Pledge of Allegiance to the Flag. Moved by Long supported by Covey the minutes of the May 17, 2012 Board Meeting be approved. A sufficient majority having voted in favor, the minutes were approved as printed. Moved by Taub supported by McGillivray the agenda be amended as follows: ITEMS NOT ON BOARD AGENDA GENERAL GOVERNMENT COMMITTEE f. Board of Commissioners – Intergovernmental Agreement Between Oakland County and the Rochester Hills Public Library for the Operations of the Library for the Visually and Physically Impaired (Reason for suspension Waiver of Rule III – Resolution was taken up by GG Committee immediately prior to today’s meeting; and Waiver of Rule XII.C. – the personnel and finance aspects of the resolution will be handled during the County Executive’s Recommended Budget process for Fiscal Years 2013-2015) PUBLIC SERVICES COMMITTEE a. Sheriff’s Office – Use of Lab Enhancement Funds for Equipment (Reason for suspension Waiver of Rule III – Resolution was taken up by Public Services Committee immediately prior to today’s meeting. (For referral to the Finance Committee)) Vote on agenda, as amended: AYES: Bosnic, Covey, Crawford, Dwyer, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nuccio, Potts, Quarles, River, Runestad, Scott, Taub, Weipert. (21) NAYS: Gershenson, Nash, Woodward, Zack. (4) A sufficient majority having voted in favor, the agenda, as amended, was approved. Commissioners Minutes Continued. June 07, 2012 415 Chairperson Michael Gingell addressed the Board to present a proclamation and asked Jake Cunningham to join him in presenting a proclamation to Judy Cunningham, Corporation Counsel for her contributions to the public good by providing her valuable insight and dedication as she has worked on behalf of the County’s elected and appointed officials as well as the courts, departments, office; and is being recognized as a great asset, not only to Oakland County government, but also to the law profession where she has served as a member of the Oakland County Bar Association and held a position on the Association’s Board of Directors. The Board would like to applaud her for her extensive County career and extraordinary accomplishments, and recognize her for her historic achievement of becoming the first Government Attorney in the 80-year history of the Oakland County Bar Association to be installed as President. Judy Cunningham, Corporation Counsel addressed the Board. Chairperson Michael Gingell addressed the Board to introduce Commissioner Covey. Commissioner Covey addressed the Board to present a proclamation alongside Commissioners Janet Jackson, Jim Nash and Helaine Zack to present a proclamation recognizing Gay Pride Weekend, Oakland County is rich in diversity and this diversity is demonstrated in the great ethic, racial, professional, age, religious and lifestyle variations of people who live, work, shop and socialize in our Country. Chairperson Michael Gingell addressed the Board to introduce Commissioner Quarles. Commissioner Quarles addressed the Board to present a proclamation to Bid & Brunch Matchmaking Event 10th Anniversary for Oakland County Economic Development & Community Affairs as follows: Dan Hunter, Deputy Director of Economic Development & Community Affairs; Mark Adams, Senior Business Development Rep for Economic Development & Community Affairs; Lynda Earhart, Senior Business Development Rep for Economic Development & Community Affairs; Susan Dorris, Marketing Coordinator for Economic Development & Community Affairs; and Lola Are’, Supervisor Information Services for Economic Development & Community Affairs for the true value that is placed on economic growth in Oakland County and can be measured by the creation of an environment that promotes inclusion and diversity in County’s business; and to thank all the exceptional individuals for their outstanding efforts in creating and sustaining, such a signature event that has aided countless area business by promoting new business opportunities and business growth. Mark Adams, Senior Business Development Rep for Economic Development & Community Affairs addressed the Board. Chairperson Michael Gingell addressed the Board to introduce Matthew Gibb, Deputy County Executive and Wendy Chandler, Contractor for Information Technology. Matthew Gibb, Deputy County Executive and Wendy Chandler, Contractor for Information Technology addressed the Board to give a presentation. Discussion followed. Bill Bullard, Jr., read a communication from Chairperson Michael Gingell appointing the following people: Sam Anderson, Jr., and Claudia Brady to replace Angela Schofield and Kevin Roach to serve on the Oakland County Community Development Advisory Council for an unexpired term ending December 31, 2012. Without objections the appointments were confirmed. Bill Bullard, Jr., read a communication from Chairperson Michael Gingell appointing the following people: Alan Ackerman, Barbara Dobb and David L. Roberson to the Board of Directors of the Oakland County Art Institute Authority effective immediately upon taking and subscribing the Oath of Public Officers and shall continue for a period of two years from that date unless terminated earlier. Without objections the appointments were confirmed. Commissioners Minutes Continued. June 07, 2012 416 The following people addressed the Board during public comment: Linda Hasson, Bill McMaster, Jane Stewart, Kathy Lewand, Deb O’Hagan, Barbara Bitsva and Reginald Turner. Moved by Nuccio supported by Zack 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 437. The resolutions on the Consent Agenda follow (annotated by an asterisk {*}): *MISCELLANEOUS RESOLUTION #12146 BY: Commissioners Christine Long, District #7; Bob Hoffman, District #2; Jim Runestad, District #6 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION – CHARTER TOWNSHIP OF MILFORD – COOLEY LAKE ROAD - PROJECT NO. 51142 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’s1/3 share of the project from the General Fund Designated Fund Balance for Tri-Party Program. The resolution shall be approved by the Finance Committee and the full Board before any funds are released from the Tri-Party Program designation account; and WHEREAS the Charter Township of Milford, along with the RCOC has identified a project and said project is ready to be undertaken immediately; and WHEREAS the RCOC has appropriated its one-third (1/3) share of the funding for the project in the Charter Township of Milford and said appropriation has been transferred to a project account; and WHEREAS the Charter Township of Milford has demonstrated that it has authorized its one-third (1/3) share of the funding for the project and has executed a contract for payment with the RCOC; and WHEREAS Oakland County’s one-third (1/3) share of the Fiscal Year 2012 authorized amount of Tri- Party Road Improvement funding for the Charter Township of Milford is $6,667. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Charter Township of Milford and authorizes the release of Tri-Party Road Improvement Program funds from the Oakland County Designated Fund Balance. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this resolution to the Road Commission for Oakland County, Oakland County Fiscal Services and the Charter Township of Milford. Chairperson, we move the adoption of the foregoing Resolution. CHRISTINE LONG, BOB HOFFMAN, JIM RUNESTAD 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 Commissioners Minutes Continued. June 07, 2012 417 for the Oakland County Road Commission and Cost Participation Agreement Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #12146) BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION – CHARTER TOWNSHIP OF MILFORD – COOLEY LAKE ROAD – PROJECT NO. 51142 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 $6,667 is available in the General Fund Designated Fund Balance for Tri-Party 2012 and prior funding (account #383510) for project 51142. 3. This project is for the gravel road paving of Cooley Lake Road from east of Duck Lake Road to Mystic Valley. 4. The FY 2012 budget be amended as follows: GENERAL FUND (#10100) FY 2012 Revenue 9010101-196030-665882 Planned Use of Fund Balance $6,667 Total Revenues $6,667 Expenditures 9010101-153010-740135 Road Commission Tri-Party $6,667 Total Expenditures $6,667 FINANCE COMMITTEE (The vote for this motion appears on page 437.) *MISCELLANEOUS RESOLUTION #12147 BY: Commissioners Christine Long, District #37; Bob Hoffman, District #32; Jim Runestad, District #6 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION – CHARTER TOWNSHIP OF COMMERCE – COOLEY LAKE ROAD - PROJECT NO. 51142 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. June 07, 2012 418 4. The Commissioner(s) representing the CVT requesting the project submits a resolution authorizing the appropriation of the County’s 5. 1/3 share of the project from the General Fund Designated Fund Balance for Tri-Party Program. The resolution shall be approved by the Finance Committee and the full Board before any funds are released from the Tri-Party Program designation account; and WHEREAS the Charter Township of Commerce, along with the RCOC has identified a project and said project is ready to be undertaken immediately; and WHEREAS the RCOC has appropriated its one-third (1/3) share of the funding for the project in the Charter Township of Commerce and said appropriation has been transferred to a project account; and WHEREAS the Charter Township of Commerce has demonstrated that it has authorized its one-third (1/3) share of the funding for the project and has executed a contract for payment with the RCOC; and WHEREAS Oakland County’s one-third (1/3) share of the Fiscal Year 2012 authorized amount of Tri- Party Road Improvement funding for the Charter Township of Commerce is $42,861. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Charter Township of Commerce and authorizes the release of Tri-Party Road Improvement Program funds from the Oakland County Designated Fund Balance. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this resolution to the Road Commission for Oakland County, Oakland County Fiscal Services and the Charter Township of Commerce. Chairperson, we move the adoption of the foregoing Resolution. CHRISTINE LONG, BOB HOFFMAN, JIM RUNESTAD 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. #12147) BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION – CHARTER TOWNSHIP OF COMMERCE – COOLEY LAKE ROAD PROGRAM – PROJECT NO. 51142 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 $42,861 is available in the General Fund Designated Fund Balance for Tri-Party 2012 and prior funding (account #383510) for project 51142. 3. This project is for the paving of Cooley Lake road from east of Duck Lake Road to Mystic Valley. 4. The FY 2012 budget be amended as follows: GENERAL FUND (#10100) FY 2012 Revenue 9010101-196030-665882 Planned Use of Fund Balance $42,861 Total Revenues $42,861 Expenditures 9010101-153010-740135 Road Commission Tri-Party $42,861 Total Expenditures $42,861 FINANCE COMMITTEE Commissioners Minutes Continued. June 07, 2012 419 (The vote for this motion appears on page 437.) *MISCELLANEOUS RESOLUTION #12150 BY: Commissioner Michael Gingell, District #3 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION – CHARTER TOWNSHIP OF ORION – INDIAN LAKE ROAD - PROJECT NO. 51392 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 5. 1/3 share of the project from the General Fund Designated Fund Balance for Tri-Party Program. The resolution shall be approved by the Finance Committee and the full Board before any funds are released from the Tri-Party Program designation account; and WHEREAS the Charter Township of Orion, along with the RCOC has identified a project and said project is ready to be undertaken immediately; and WHEREAS the RCOC has appropriated its one-third (1/3) share of the funding for the project in the Charter Township of Orion and said appropriation has been transferred to a project account; and WHEREAS the Charter Township of Orion has demonstrated that it has authorized its one-third (1/3) share of the funding for the project and has executed a contract for payment with the RCOC; and WHEREAS Oakland County’s one-third (1/3) share of the Fiscal Year 2012 authorized amount of Tri-Party Road Improvement funding for the Charter Township of Orion is $35,621. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Charter Township of Orion and authorizes the release of Tri-Party Road Improvement Program funds from the Oakland County Designated Fund Balance. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this resolution to the Road Commission for Oakland County, Oakland County Fiscal Services and the Charter Township of Orion. Chairperson, I move the adoption of the foregoing Resolution. MICHAEL GINGELL Copy of Correspondence from Patricia Z. Wierzbicki Deputy-Secretary/Clerk of the Board for the Oakland County Road Commission, 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. Commissioners Minutes Continued. June 07, 2012 420 FISCAL NOTE (MISC. #12150) BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION – CHARTER TOWNSHIP OF ORION – INDIAN LAKE ROAD – PROJECT NO. 51392 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 $35,621 is available in the General Fund Designated Fund Balance for Tri-Party 2012 and prior funding (account #383510) for project 51392. 3. This project is for the paving and drainage improvements on Indian Lake road from M-24 to Indian Lake Road Bridge. 4. The FY 2012 budget be amended as follows: GENERAL FUND (#10100) FY 2012 Revenue 9010101-196030-665882 Planned Use of Fund Balance $35,621 Total Revenues $35,621 Expenditures 9010101-153010-740135 Road Commission Tri-Party $35,621 Total Expenditures $35,621 FINANCE COMMITTEE (The vote for this motion appears on page 437.) *MISCELLANEOUS RESOLUTION #12151 BY: Commissioner Michael Gingell, District #3 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION – CHARTER TOWNSHIP OF OAKLAND – GRAVEL ROAD PROGRAM - PROJECT NO. 51311 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’s1/3 share of the project from the General Fund Designated Fund Balance for Tri-Party Program. The resolution shall be approved by the Finance Commissioners Minutes Continued. June 07, 2012 421 Committee and the full Board before any funds are released from the Tri-Party Program designation account; and WHEREAS the Charter Township of Oakland, along with the RCOC has identified a project and said project is ready to be undertaken immediately; and WHEREAS the RCOC has appropriated its one-third (1/3) share of the funding for the project in the Charter Township of Oakland and said appropriation has been transferred to a project account; and WHEREAS the Charter Township of Oakland has demonstrated that it has authorized its one-third (1/3) share of the funding for the project and has executed a contract for payment with the RCOC; and WHEREAS Oakland County’s one-third (1/3) share of the Fiscal Year 2012 authorized amount of Tri-Party Road Improvement funding for the Charter Township of Oakland is $20,985. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Charter Township of Oakland and authorizes the release of Tri- Party Road Improvement Program funds from the Oakland County Designated Fund Balance. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this resolution to the Road Commission for Oakland County, Oakland County Fiscal Services and the Charter Township of Oakland. Chairperson, I move the adoption of the foregoing Resolution. MICHAEL GINGELL Copy of Correspondence from Patricia Z. Wierzbicki Deputy-Secretary/Clerk of the Board for the Oakland County Road Commission, 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. #12151) BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION – CHARTER TOWNSHIP OF OAKLAND – GRAVEL ROAD PROGRAM – PROJECT NO. 51311 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 $20,985 is available in the General Fund Designated Fund Balance for Tri-Party 2012 and prior funding (account #383510) for project 51311. 3. This project is for the spreading of gravel and chloride on various roads within the township. 4. The FY 2012 budget be amended as follows: GENERAL FUND (#10100) FY 2012 Revenue 9010101-196030-665882 Planned Use of Fund Balance $20,985 Total Revenues $20,985 Expenditures 9010101-153010-740135 Road Commission Tri-Party $20,985 Total Expenditures $20,985 FINANCE COMMITTEE (The vote for this motion appears on page 437.) Commissioners Minutes Continued. June 07, 2012 422 *MISCELLANEOUS RESOLUTION #12153 BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY ESTABLISHMENT OF A COMPREHENSIVE I.T. SERVICES INTERLOCAL AGREEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan has encouraged governmental entities to share services with each other for efficiency and cost savings, and has indicted that future payments from the State may be tied to the achievement of savings; and WHEREAS the Oakland County Department of Information Technology has developed numerous applications to more efficiently conduct governmental operations and would like to make certain applications available to governmental bodies not only to share the County’s services but also as a means of cost recovery; and WHEREAS the Board of Commissioners has supported the Department of Information Technology’s strategic rollout of a comprehensive eGovernment program by approving the Access Oakland fee structure both in Miscellaneous Resolution #03279 dated October 16, 2003 and Miscellaneous Resolution #07121 dated May 10, 2007; and WHEREAS the Department of Information Technology currently has Interlocal Agreements with public bodies to provide Collaborative Asset Management System (CAMS) services which were approved by the Board of Commissioners in Miscellaneous Resolution #08269 dated December 11, 2008, Miscellaneous Resolution #11010 dated January 20, 2011, Miscellaneous Resolution #11011 dated January 20, 2011, and Miscellaneous Resolution #11099 dated May 19, 2011; and WHEREAS the Department of Information Technology would like to have the Board of Commissioners approve a comprehensive Interlocal Agreement to enable it to make additional technology services available to public bodies; and WHEREAS Corporation Counsel and the Department of Information Technology have developed the attached Interlocal Agreement setting forth the terms under which I.T. will provide I.T. Services described in detail in the Exhibits which are attached to the Agreement; and WHEREAS the Agreement contemplates the County providing up to seven I. T. Services and the Exhibits include the appropriate fee structures when applicable; and WHEREAS the proposed Interlocal Agreement will require public bodies to accept the terms of the Agreement and provide them with the flexibility to choose one or more of the I.T. Services based upon their needs; and WHEREAS the Interlocal Agreement currently contains Exhibits describing the I.T. Services of Online Payments, Pay Local Taxes, Web Publishing Suite, Internet Service, Oaknet Connectivity and Email Service; and WHEREAS there are three different Exhibit options available for Online Payments depending on the fee sharing structure that may be used; and WHEREAS once the Department of Information Technology is ready to provide the additional service of Health Portal it will present the Exhibit describing the Health Portal to the Board of Commissioners for review and approval before it can be added to the Interlocal Agreement; and WHEREAS any additional services not specified in the Interlocal Agreement will require approval by the Board of Commissioners before they can be offered as part of the Agreement; and WHEREAS the municipalities signing the attached Interlocal Agreements may be charged annual maintenance and support fees based on the I.T. Services chosen, the level of use, and whether the public body is located in Oakland County; and WHEREAS the Oakland County Board of Commissioners is required under the Urban Cooperation Act of 1967 to approve Interlocal Agreements between the County and Public Bodies. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached Interlocal Agreement and the offering of I.T. Services of Online Payments, Pay Local Taxes, Web Publishing Suite, Internet Service, Oaknet Connectivity and Email Service, with fees described in the Exhibits, and authorizes the Chairperson of the Board of Commissioners to sign the Agreements for any Michigan public body that signs the Agreement. BE IT FURTHER RESOLVED that a copy of any such signed Interlocal Agreement shall be provided to the Elections Division of the Oakland County Clerk for transmission to the Office of the Great Seal of Michigan. Commissioners Minutes Continued. June 07, 2012 423 BE IT FURTHER RESOLVED that the Department of Information Technology will provide the list of public bodies agreeing to the attached Interlocal Agreement along with its quarterly report to the Finance Committee. BE IT FURTHER RESOLVED that any budget adjustments required by new agreements will be recognized in the quarterly forecast process and no budget amendment is recommended at this time. 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 437.) *MISCELLANEOUS RESOLUTION #12154 BY: Finance Committee, Tom Middleton Chairperson IN RE: BOARD OF COMMISSIONERS – 2012 PARKS AND RECREATION PROPERTY TAX LEVY To the Oakland County Board of Commissioners Chairperson, Ladies, and Gentlemen: WHEREAS the Oakland County Board of Commissioners has authority to levy 0.2415 mills tax to support the Oakland County Parks and Recreation Commission activities, during Fiscal Year 2012; and WHEREAS this levy was approved by the Oakland County voters on August 8, 2010 and as modified consistent with Michigan Law (MCL 211.34D(26)), the “Headlee Amendment”; and WHEREAS $11,868,942 is estimated to be raised by the 0.2415 levy. NOW THEREFORE BE IT RESOLVED that each Supervisor of the various townships and Assessing Officers of the several cities of Oakland County are authorized and directed to spread on their respective township of city rolls for the year 2012 December Levy, a tax rate of 0.2415 mills for Oakland County Parks and Recreation activities, to be applied to the 2012 Taxable Value of all property within their respective jurisdictions. FINANCE COMMITTEE Copy of 2012 Tax Rate Request Millage on file in County Clerk’s office. (The vote for this motion appears on page 437.) *REPORT (MISC. #12128) BY: General Government Committee – Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – DECLARATION OF MAY 25, 2012 AS NATIONAL MISSING CHILD DAY IN OAKLAND COUNTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:The General Government Committee, having considered the above titled resolution on May 21, 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 #12128 BY: Commissioner Janet Jackson, District #21 IN RE: BOARD OF COMMISSIONERS – DECLARATION OF MAY 25, 2012 AS NATIONAL MISSING CHILD DAY IN OAKLAND COUNTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS according to the U.S. Department of Justice, in one year there were nearly 800,000 children missing; and WHEREAS on average, there is an estimated average of 2,200 children reported missing to law enforcement agencies daily; and WHEREAS 58,200 of these children are victims of non-family abductions, and more than 200,000 are the victims of family abductions; and WHEREAS the National Center for Missing & Exploited Children® (NCMEC) exists as a resource to help prevent child abduction and sexual exploitation, help find missing children, and assist victims of child Commissioners Minutes Continued. June 07, 2012 424 abduction and sexual exploitation, their families, and the professionals who serve them. The National Center for Missing & Exploited Children’s recovery rate has grown from 62% in 1990 to 96% of domestically missing children, but too many children still remain among the missing; and WHEREAS this special day is a time to remember those children who are missing and give hope to their families. NOW THEREFORE BE IT RESOLVED that in partnership with the National Center for Missing & Exploited Children and its collaborative organizations, the Oakland County Board of Commissioners hereby proclaims May 25, 2012, as National Missing Children’s Day in Oakland County. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners urges the participation of local government, law enforcement, schools, community-based organizations, and families in the protection and education of all individuals about child abduction and sexual exploitation, appropriate protective measures, and ways to respond and seek help from law enforcement, social services, and the National Center for Missing & Exploited Children. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners recognizes May 25, 2012, as being set aside as National Missing Children’s Day as part of Oakland County, Michigan’s continuing efforts to prevent the abduction and sexual exploitation of children. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to the National Center for Missing & Exploited Children (NCMEC). Chairperson, I move the adoption of the foregoing resolution. JANET JACKSON, MARCIA GERSHENSON, GARY MCGILLIVRAY, HELAINE ZACK, MIKE BOSNIC, BOB GOSSELIN, PHILIP WEIPERT, DAVID POTTS, MATTIE HATCHETT, CRAIG COVEY, JIM NASH (The vote for this motion appears on page 437.) *MISCELLANEOUS RESOLUTION #12155 BY: Human Resources Committee, John Scott, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT – PA 152 EXEMPTION FOR CALENDAR YEAR 2013 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS PA 152 of 2011, the “Publically Funded Health Insurance Contribution Act” was enacted by the State of Michigan and given immediate effect on September 27, 2011; and WHEREAS PA 152 sets forth various options that public employers may follow when providing healthcare benefits to their eligible employees; and WHEREAS acting pursuant to specific provisions of Act 152, Oakland County government exercised its legal right to exempt itself from the Act’s cap and/or formula limitations for calendar year 2012; and WHEREAS the exemption was adopted in order to avoid costs of litigation, avoid the expense of conducting delayed “open enrollment” selection processes and to secure reasonable time to prudently employ the County’s recognized Triennial Budget Process and to allow the County to continue making changes over time that yield significant reductions in health care costs in a manner that is fair to both taxpayers and employees; and WHEREAS the County’s exemption for calendar year 2012 was equitable to both the taxpayers and employees for a variety of reasons including the fact that the self-insured County, even with its election to formally exempt itself for calendar year 2012, will likely stay within the cap formula target of Act 152 for 2012; and WHEREAS the County Executive recommends that Oakland County again formally exercise its legal right to exempt itself from the Act’s limitations for calendar year 2013 for the same reasons as existed in 2012 and for the additional reason that the Act fails to provide a mechanism that would allow Oakland County officials to exercise their required due diligence by adopting a fiscal year 2013 budget only after knowing what the cap target allowed by law will be; and WHEREAS the structure of Act 152 makes knowledgeable acceptance of its cap formula before FY 2013 budget adoption effectively impossible for the reason that the Michigan Treasurer is not required under the Act to adjust the maximum payment permitted under Section 3 of Act 152 for each coverage category for medical benefit plan coverage years until October 1st of each year after 2011; and Commissioners Minutes Continued. June 07, 2012 425 WHEREAS October 1st is the date each year the County’s fiscal year budget becomes effective; and WHEREAS Act 152’s October 1st date to adjust the maximum payment permitted is simply too late under the budget process mandated by Section 8 of 1973 P.A. 139, MCL 45.558(1) (d), which requires the County Executive to submit a proposed budget to the Board of Commissioners “…not less than 90 days before the next succeeding Fiscal Year”, (i.e., by July 3, 2012), a date 90 days before the October 1st commencement of the next succeeding Fiscal Year; and WHEREAS a calendar year 2013 exemption would be equitable to both the taxpayers and employees given that the self-insured County, even with an election to formally exempt calendar year 2013, may well meet the cap formula target established under Act 152, despite the fact that the cap amount will not be required to be established by the State Treasurer until after the County budget is adopted; and WHEREAS Oakland County has a long history of proactive budget practices that have resulted in budgets that are balanced and fiscally sound and even with an exemption for 2013, as demonstrated by decades of actual performance, the County will continue making changes over time designed to yield significant reductions in health care costs in a manner that is fair to both taxpayers and employees; and WHEREAS the adopted Oakland County Triennial Budget for Fiscal Years 2012 - 2014 is balanced, maintains responsible general fund equity balances, and funds employee current medical benefit plans within existing revenues; and WHEREAS along with opting out as allowed under PA152 for 2013, the County Executive will be proposing to make cost-controlling changes to employee healthcare plans for calendar year 2013; and WHEREAS the County Executive will be recommending that current prescription drug co-pay levels will be increased from $5/$10/$25 to $5/$20/$40 for employees and retirees effective January 1, 2013; and WHEREAS the County Executive will be recommending a $100 ER (emergency room) co-pay for non- emergency services be implemented for health plans for employees and retirees effective January 1, 2013; and WHEREAS the County Executive will recommend reassessment for calendar year 2014 when more information about the Federal healthcare reform, about state healthcare exchange plans and about the outcomes of any litigation regarding PA152 are known and when the actual fiscal impact of any proposed FY 2013 health care changes can be evaluated. NOW THEREFORE BE IT RESOLVED that acting pursuant to the authority granted a county under Section 8 of Public Act 152 of 2011, the Oakland County Board of Commissioners hereby exempts Oakland County Government from the requirements of PA 152 for calendar year 2013. Chairperson, on behalf of the Human Resources Committee, I move the adoption of the foregoing resolution. HUMAN RESOURCES COMMITTEE (The vote for this motion appears on page 437.) *MISCELLANEOUS RESOLUTION #12143 BY: Planning and Building Committee, David Potts, Chairperson IN RE: FACILITIES MANAGEMENT/PARKS AND RECREATION COMMISSION – ADDISON OAKS- PHILABAUM LEASE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is the owner of Addison Oaks County Park; and WHEREAS a 1600-square foot house, identified as 1480 W. Romeo Road, Leonard, MI 48367, is located on the grounds of Addison Oaks County Park; and WHEREAS it is the desire of the Oakland County Parks and Recreation Commission to lease said house located at 1480 W. Romeo Road, Leonard, MI 48367 to Ken Philabaum for a period commencing May 1, 2012, through December 31, 2017; and WHEREAS under the terms and conditions of the attached Lease Agreement Ken Philabaum will pay rent as follows: May 1, 2012 – December 31, 2012 $595.00 per month January 1, 2013 – December 31, 2013 $607.00 per month January 1, 2014 – December 31, 2014 $619.00 per month January 1, 2015 – December 31, 2015 $631.00 per month January 1, 2016 – December 31, 2016 $644.00 per month Commissioners Minutes Continued. June 07, 2012 426 January 1, 2017 – December 31, 2017 $657.00 per month each month and pay all utility costs; and WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached lease agreement; and WHEREAS it is the recommendation of the Oakland County Parks and Recreation Commission and the Department of Facilities Management that the Oakland County Board of Commissioners accepts and approves the terms and conditions of the attached Lease Agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached Lease Agreement between the County of Oakland and Ken Philabaum. BE IT FURTHER RESOLVED that the rent amount received be deposited in the Oakland County Parks and Recreation Rental House Revenue fund line item. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Lease Agreement and all other related documents between the County of Oakland and Ken Philabaum, which may be required. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. Copy of Residential Lease Agreement on file in County Clerk’s office. PLANNING AND BUILDING COMMITTEE FISCAL NOTE (MISC. #12143) BY: Planning and Building Committee, David Potts, Chairperson IN RE: FACILITIES MANAGEMENT/PARKS AND RECREATION COMMISSION – ADDISON OAKS-PHILABAUM LEASE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: 1. The County of Oakland is owner of Addison Oaks County Park. 2. It is the desire of the Oakland County Parks and Recreation Commission to lease a 1,600-square foot house, identified as 1480 W. Romeo Road, Leonard, Michigan, to Ken Philabaum. 3. Lease period is from May 1, 2012 through December 31, 2017. 4. Lease Agreement specifies the rent to be paid Oakland County from Ken Philabaum. 5. No budget amendment is required as revenues for this rental are included in the FY 2012 Budget and will be included in the FY 2013 – FY 2015 Executive Recommended Budget. FINANCE COMMITTEE (The vote for this motion appears on page 437.) *MISCELLANEOUS RESOLUTION #12144 BY: Planning and Building Committee, David Potts, Chairperson IN RE: WATER RESOURCES COMMISSIONER – RESOLUTION TO ESTABLISH OAKLAND COUNTY FARMINGTON HILLS 2012 WATER SUPPLY SYSTEM AND AUTHORIZE OAKLAND COUNTY FARMINGTON HILLS 2012 WATER SUPPLY SYSTEM IMPROVEMENTS CONTRACT AND OAKLAND COUNTY FARMINGTON HILLS WATER SUPPLY SYSTEM BONDS, SERIES 2012 BOND RESOLUTION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the City of Farmington Hills (the "City") is in urgent need of water supply system improvements and facilities constituting a part of a system described in the form of the proposed contract hereinafter mentioned to be known as the "Oakland County Farmington Hills 2012 Water Supply System" (hereinafter sometimes referred to as the "System"), in order to promote the health and welfare of the residents thereof, which water supply improvements, facilities and system also would benefit the County and its residents, and the parties to said proposed contract have concluded that such improvements and Commissioners Minutes Continued. June 07, 2012 427 facilities can be provided and financed most economically and efficiently by the County through the exercise of the powers conferred by Act 342, Public Acts of Michigan, 1939, as amended ("Act 342"), and especially Sections 5a, 5b and 5c thereof; and WHEREAS by the terms of Act 342, the County and the City are authorized to enter into a contract for the acquisition, construction and financing of the water supply system improvements and facilities to serve the City and for the payment of the cost thereof by the City, with interest, and the County is then authorized to issue its bonds in one or more series to provide the funds necessary therefor; and WHEREAS there has been submitted to this Board of Commissioners a proposed contract between the County, by and through the County Water Resources Commissioner, County Agency, party of the first part, and the City, party of the second part (the "Contract"), which Contract provides for the acquisition, construction and financing of the water supply system improvements and facilities constituting the System (the "Project") and which Contract is hereinafter set forth in full; and WHEREAS there have also been submitted for approval and adoption by this Board of Commissioners, preliminary plans, specifications and estimates of the cost and period of usefulness of the water supply system improvements and facilities; and WHEREAS this Board of Commissioners desires to establish the System and to proceed with the Project and the approval and execution of the Contract to acquire, construct and finance the Project as provided in the Contract. WHEREAS the Board of Commissioners also desires to proceed with the acquisition, construction and financing of the Project and the issuance of the first series bonds of the County in an aggregate principal amount of not to exceed $6,800,000 to defray part of the cost of the Project. THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland, Michigan, as follows: 1. APPROVAL OF PROJECT AND DESIGNATION OF COUNTY AGENCY. This Board of Commissioners by majority vote of its members-elect does hereby approve, under and pursuant to Act 342, the establishment of the Oakland County Farmington Hills 2012 Water Supply System, which shall consist of (i) water supply system improvements and facilities, as specified and to be located as shown in Exhibit A to the Contract and (ii) the services provided thereby; that the Project and the System shall serve the City; that the Oakland County Water Resources Commissioner is hereby designated and appointed as the "County Agency" for the Project and the System; that the County Agency shall have all the powers and duties with respect to the Project and the System as are provided by law and especially by Act 342; and that all obligations incurred by the County Agency with respect to the Project and the System, unless otherwise authorized by this Board of Commissioners, shall be payable solely from funds derived from the City as hereinafter provided. 2. PLANS AND SPECIFICATIONS – ESTIMATES OF PERIOD OF USEFULNESS AND COST. The preliminary plans and specifications for the Project as contained in Exhibits A and B to the Contract and the estimates of $16,900,000 as the cost thereof and of 30 years and upwards as the period of usefulness thereof, as submitted to this Board of Commissioners, are hereby approved and adopted. 3. APPROVAL OF CONTRACT. The Oakland County Farmington Hills 2012 Water Supply System Improvements Contract between the County, by and through the County Water Resources Commissioner, party of the first part, and the City, party of the second part, which Contract has been submitted to this Board of Commissioners, is hereby approved and adopted, and the County Water Resources Commissioner is hereby authorized and directed to execute and deliver the same for and on behalf of the County, in as many counterparts as may be deemed advisable. The Contract is attached to this Resolution hereto as “EXHIBIT “1”. 4. AUTHORIZATION OF BONDS – PURPOSE. Bonds of the County aggregating the principal sum of not to exceed Six Million Eight Hundred Thousand Dollars ($6,800,000) shall be issued and sold pursuant to the provisions of Act 342, and other applicable statutory provisions, for the purpose of defraying all or part of the cost of the Project. Commissioners Minutes Continued. June 07, 2012 428 5. BOND DETAILS. The bonds shall be designated "Oakland County Farmington Hills Water Supply System Bonds, Series 2012," shall be dated as of the date approved by the County Agency; shall be numbered from 1 upwards; shall be fully registered; shall be in the denomination of $5,000 each or any integral multiple thereof not exceeding the aggregate principal amount for each maturity at the option of the purchaser thereof; shall bear interest at a rate or rates not exceeding 6% per annum as shall be determined by the County Agency at the time of sale; shall be payable as to interest on such dates as shall be determined by the County Agency; and shall be serial bonds and/or term bonds and mature in such amounts and on such dates and in such years as shall be determined by the County Agency; provided, however, that the final maturity of a series of bonds shall not be more than 30 years after the date that such series of bonds is delivered to the initial purchasers thereof. 6. PAYMENT OF PRINCIPAL AND INTEREST. The principal of and interest on the bonds shall be payable in lawful money of the United States. Principal shall be payable upon presentation and surrender of the bonds to the bond registrar and paying agent as they severally mature. Interest shall be paid to the registered owner of each bond as shown on the registration books at the close of business on the 15th day of the calendar month preceding the month in which the interest payment is due. Interest shall be paid when due by check or draft drawn upon and mailed by the bond registrar and paying agent to the registered owner at the registered address. 7. BOOK-ENTRY SYSTEM. Initially, one fully-registered bond for each maturity, in the aggregate amount of such maturity, shall be issued in the name of Cede & Co., as nominee of The Depository Trust Company ("DTC") for the benefit of other parties (the "Participants") in the book-entry-only transfer system of DTC. In the event the County determines that it is in the best interest of the County not to continue the book-entry system of transfer or that the interests of the holders of the bonds might be adversely affected if the book-entry system of transfer is continued, the County may notify DTC and the bond registrar and paying agent, whereupon DTC will notify the Participants of the availability through DTC of bond certificates. In such event, the bond registrar and paying agent shall deliver, transfer and exchange bond certificates as requested by DTC and any Participant or "beneficial owner" in appropriate amounts in accordance with this Resolution. DTC may determine to discontinue providing its services with respect to the bonds at any time by giving notice to the County and the bond registrar and paying agent and discharging its responsibilities with respect thereto under applicable law or the County may determine that DTC is incapable of discharging its duties and may so advise DTC. In either such event, the County shall use reasonable efforts to locate another securities depository. Under such circumstances (if there is no successor securities depository), the County and the bond registrar and paying agent shall be obligated to deliver bond certificates in accordance with the procedures established by this Resolution. In the event bond certificates are issued, the provisions of this Resolution shall apply to, among other things, the transfer and exchange of such certificates and the method of payment of principal of and interest on such certificates. Whenever DTC requests the County and the bond registrar and paying agent to do so, the County and the bond registrar and paying agent shall cooperate with DTC in taking appropriate action after reasonable notice to make available one or more separate certificates evidencing the bonds to any Participant having bonds certified to its DTC account or to arrange for another securities depository to maintain custody of certificates evidencing the bonds. Notwithstanding any other provision of this Resolution to the contrary, so long as any bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to the principal of, interest on and redemption premium, if any, on such bonds and all notices with respect to the bonds shall be made and given, respectively, to DTC as provided in the Blanket Issuer Letter of Representations relating to the bonds. The County Treasurer and the County Agency are each authorized to sign the Blanket Issuer Letter of Representations on behalf of the County, in such form as such officer deems necessary or appropriate in order to accomplish the issuance of the bonds in accordance with law and this Resolution. 8. PRIOR REDEMPTION. The bonds shall be subject to redemption prior to maturity upon such terms and conditions as shall be determined by the County Agency. Commissioners Minutes Continued. June 07, 2012 429 9. BOND REGISTRAR AND PAYING AGENT. The County Treasurer shall designate, and may enter into an agreement with, a bond registrar and paying agent for the bonds which shall be a bank or trust company located in the State of Michigan which is qualified to act in such capacity under the laws of the United States of America or the State of Michigan. The County Treasurer from time to time as required may designate a similarly qualified successor bond registrar and paying agent. 10. EXECUTION, AUTHENTICATION AND DELIVERY OF BONDS. The bonds shall be executed in the name of the County by the facsimile signatures of the Chairperson of the Board of Commissioners and the County Clerk and authenticated by the manual signature of an authorized representative of the bond registrar and paying agent, and the seal of the County (or a facsimile thereof) shall be impressed or imprinted on the bonds. After the bonds have been executed and authenticated for delivery to the original purchaser thereof, they shall be delivered by the County Treasurer to the purchaser upon receipt of the purchase price. Additional bonds bearing the facsimile signatures of the Chairperson of the Board of Commissioners and the County Clerk and upon which the seal of the County (or a facsimile thereof) is impressed or imprinted may be delivered to the bond registrar and paying agent for authentication and delivery in connection with the exchange or transfer of bonds. The bond registrar and paying agent shall indicate on each bond the date of its authentication. 11. EXCHANGE AND TRANSFER OF BONDS. Any bond, upon surrender thereof to the bond registrar and paying agent with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered owner or his duly authorized attorney, at the option of the registered owner thereof, may be exchanged for bonds of any other authorized denominations of the same aggregate principal amount and maturity date and bearing the same rate of interest as the surrendered bond. Each bond shall be transferable only upon the books of the County, which shall be kept for that purpose by the bond registrar and paying agent, upon surrender of such bond together with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered owner or his duly authorized attorney. Upon the exchange or transfer of any bond, the bond registrar and paying agent on behalf of the County shall cancel the surrendered bond and shall authenticate and deliver to the transferee a new bond or bonds of any authorized denomination of the same aggregate principal amount and maturity date and bearing the same rate of interest as the surrendered bond. If, at the time the bond registrar and paying agent authenticates and delivers a new bond pursuant to this section, payment of interest on the bonds is in default, the bond registrar and paying agent shall endorse upon the new bond the following: "Payment of interest on this bond is in default. The last date to which interest has been paid is [appropriate date to be inserted]." The County and the bond registrar and paying agent may deem and treat the person in whose name any bond shall be registered upon the books of the County as the absolute owner of such bond, whether such bond shall be overdue or not, for the purpose of receiving payment of the principal of and interest on such bond and for all other purposes, and all payments made to any such registered owner, or upon his order, in accordance with the provisions of section 6 of this Resolution shall be valid and effectual to satisfy and discharge the liability upon such bond to the extent of the sum or sums so paid, and neither the County nor the bond registrar and paying agent shall be affected by any notice to the contrary. The County agrees to indemnify and save the bond registrar and paying agent harmless from and against any and all loss, cost, charge, expense, judgment or liability incurred by it, acting in good faith and without negligence hereunder, in so treating such registered owner. For every exchange or transfer of bonds, the County or the bond registrar and paying agent may make a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer, which sum or sums Commissioners Minutes Continued. June 07, 2012 430 shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. The bond registrar and paying agent shall not be required to transfer or exchange bonds or portions of bonds which have been selected for redemption. 12. FORM OF BONDS. The bonds shall be in substantially the following form, with such additions, deletions and modifications as are approved by the County Agency and consistent with the terms of this Resolution: [FORM OF BOND] UNITED STATES OF AMERICA STATE OF MICHIGAN COUNTY OF OAKLAND OAKLAND COUNTY FARMINGTON HILLS WATER SUPPLY SYSTEM BOND, SERIES 2012 INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP Registered Owner: Principal Amount: The County of Oakland, State of Michigan (the "County") acknowledges itself indebted to and for value received hereby promises to pay to the Registered Owner identified above, or registered assigns, the Principal Amount set forth above on the Maturity Date specified above, unless redeemed prior thereto as hereinafter provided, upon presentation and surrender of this bond at ____________________________________________ in the city of _______________, Michigan, the bond registrar and paying agent, and to pay to the Registered Owner, as shown on the registration books at the close of business on the 15th day of the calendar month preceding the month in which an interest payment is due, by check or draft drawn upon and mailed by the bond registrar and paying agent by first class mail postage prepaid to the Registered Owner at the registered address, interest on such Principal Amount from the Date of Original Issue or such later date through which interest shall have been paid until the County's obligation with respect to the payment of such Principal Amount is discharged at the rate per annum specified above. Interest is payable on the first day of _________ and ________ in each year, commencing ____________ 1, 201_. Principal and interest are payable in lawful money of the United States of America. Interest shall be computed on the basis of a 360-day year of twelve 30-day months. This bond is one of a series of bonds aggregating the principal sum of _______________________________ Dollars ($_________) issued by the County under and pursuant to and in full conformity with the Constitution and Statutes of Michigan (especially Act No. 342, Public Acts of 1939, as amended) and a bond authorizing resolution adopted by the Board of Commissioners of the County (the "Resolution") for the purpose of defraying part of the cost of acquiring and constructing water supply facilities to improve, enlarge and extend the Oakland County Farmington Hills 2012 Water Commissioners Minutes Continued. June 07, 2012 431 Supply System to serve the County and the City of Farmington Hills (the "City"). The bonds of this series are issued in anticipation of payments to be made by the City, in the aggregate principal amount of ___________________________ Dollars ($________), pursuant to a contract between the County and the City. The full faith and credit of the City have been pledged to the prompt payment of the foregoing amount and the interest thereon as the same become due. As additional security the full faith and credit of the County have been pledged for the prompt payment of the principal of and interest on the bonds of this series. Taxes levied by the City and the County to pay the principal of and interest on the bonds of this series are subject to constitutional, statutory and charter tax limitations. This bond is transferable, as provided in the Resolution, only upon the books of the County kept for that purpose by the bond registrar and paying agent, upon the surrender of this bond together with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the Registered Owner or his attorney duly authorized in writing. Upon the exchange or transfer of this bond a new bond or bonds of any authorized denomination, in the same aggregate principal amount and of the same interest rate and maturity, shall be authenticated and delivered to the transferee in exchange therefor as provided in the Resolution, and upon payment of the charges, if any, therein provided. Bonds so authenticated and delivered shall be in the denomination of $5,000 or any integral multiple thereof not exceeding the aggregate principal amount for each maturity. The bond registrar and paying agent shall not be required to transfer or exchange bonds or portions of bonds which have been selected for redemption. MANDATORY PRIOR REDEMPTION Bonds maturing in the year ____ are subject to mandatory prior redemption at par and accrued interest as follows: Redemption Date Principal Amount of Bonds to be Redeemed Bonds or portions of bonds to be redeemed by mandatory redemption shall be selected by lot. (REPEAT IF MORE THAN ONE TERM BOND) OPTIONAL PRIOR REDEMPTION Bonds maturing prior to ________ 1, 20__, are not subject to redemption prior to maturity. Bonds maturing on and after ________ 1, 20__, are subject to redemption prior to maturity at the option of the County, in such order as shall be determined by the County, on any one or more interest payment dates on and after ________ 1, 20__. Bonds of a denomination greater than $5,000 may be partially redeemed in the amount of $5,000 or any integral multiple thereof. If less than all of the bonds maturing in any year are to be redeemed, the bonds or portions of bonds to be redeemed shall be selected by lot. The redemption price shall be the par value of the bond or portion of the bond called to be redeemed plus interest to the date fixed for redemption and a premium as follows: __% of the par value of each bond called for redemption on or after ________ 1, 20__, but prior to ________ 1, 20__; Commissioners Minutes Continued. June 07, 2012 432 __% of the par value of each bond called for redemption on or after ________ 1, 20__, but prior to ________ 1, 20__; No premium if called for redemption on or after ________ 1, 20__. Not less than thirty days' nor more than sixty days' notice of redemption shall be given to the holders of bonds called to be redeemed by mail to the registered holder at the registered address. Bonds or portions of bonds called for redemption shall not bear interest after the date fixed for redemption, provided funds are on hand with the bond registrar and paying agent to redeem the same. It is hereby certified, recited and declared that all acts, conditions and things required to exist, happen and be performed precedent to and in the issuance of the bonds of this series, existed, have happened and have been performed in due time, form and manner as required by law, and that the total indebtedness of the County, including the series of bonds of which this bond is one, does not exceed any constitutional or statutory limitation. IN WITNESS WHEREOF, the County of Oakland, Michigan, by its Board of Commissioners, has caused this bond to be executed in its name by facsimile signatures of the Chairperson of the Board of Commissioners and the County Clerk and its corporate seal (or a facsimile thereof) to be impressed or imprinted hereon. This bond shall not be valid unless the Certificate of Authentication has been manually executed by an authorized representative of the bond registrar and paying agent. COUNTY OF OAKLAND By: Chairperson, Board of Commissioners [SEAL] And: County Clerk CERTIFICATE OF AUTHENTICATION This bond is one of the bonds described in the within mentioned Resolution. Bond Registrar and Paying Agent By: Authorized Representative AUTHENTICATION DATE: Commissioners Minutes Continued. June 07, 2012 433 ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto ______________________________________________________________________________ (please print or type name, address and taxpayer identification number of transferee) the within bond and all rights thereunder and hereby irrevocably constitutes and appoints ______________________________________________________________________________ attorney to transfer the within bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: ____________________ __________________________________________ Signature Guaranteed: __________________________________________ Signature(s) must be guaranteed by an eligible guarantor institution participating in a Securities Transfer Association recognized signature guarantee program. [END OF BOND FORM] 13. SECURITY. The bonds shall be issued in anticipation of payments to be made by the City pursuant to the Contract. The bonds shall be secured primarily by the full faith and credit pledge made by the City in the Contract pursuant to the authorization contained in Act 342. As additional and secondary security the full faith and credit of the County are pledged for the prompt payment of the principal of and interest on the bonds as the same shall become due. If the City shall fail to make a payment to the County which is sufficient to pay the principal of, premium, if any, and interest on the bonds as the same shall become due, then an amount sufficient to pay the deficiency shall be advanced from the general fund of the County. Taxes imposed by the County shall be subject to constitutional and statutory limitations. 14. DEFEASANCE. In the event cash or direct obligations of the United States or obligations the principal of and interest on which are guaranteed by the United States, or a combination thereof, the principal of and interest on which, without reinvestment, come due at times and in amounts sufficient to pay, at maturity or irrevocable call for earlier optional redemption, the principal of, premium, if any, and interest on the bonds, or any portion thereof, shall have been deposited in trust, this Resolution shall be defeased with respect to such bonds, and the owners of the bonds shall have no further rights under this Resolution except to receive payment of the principal of, premium, if any, and interest on such bonds from the cash or securities deposited in trust and the interest and gains thereon and to transfer and exchange bonds as provided herein. 15. PRINCIPAL AND INTEREST FUND. There shall be established for the bonds a Principal and Interest Fund which shall be kept in a separate bank account, provided, however, that such Principal and Interest Fund may be pooled or combined for deposit or investment purposes with other debt retirement funds created for nonvoted debt of the County (other than any special assessment debt). From the proceeds of the sale of the bonds there shall be set aside in the Principal and Interest Fund any premium as determined by order of the County Agency and any accrued interest received from the purchaser of the bonds at the time of delivery of the same. All payments received from the City pursuant to the Contract are pledged for payment of the principal of and interest on the bonds and expenses incidental thereto and as received shall be placed in the Principal and Interest Fund. Commissioners Minutes Continued. June 07, 2012 434 16. CONSTRUCTION FUND. The remainder of the proceeds of the sale of the bonds shall be set aside in a construction fund for the Project and used to defray the cost of the Project in accordance with the provisions of the Contract. 17. APPROVAL OF MICHIGAN DEPARTMENT OF TREASURY – EXCEPTION FROM PRIOR APPROVAL. The issuance and sale of the bonds shall be subject to the County obtaining qualified status or prior approval from the Department of Treasury of the State of Michigan pursuant to Act 34, Public Acts of Michigan, 2001, as amended ("Act 34"), and, if necessary, the County Treasurer and County Agency are each hereby authorized and directed to make application to the Department of Treasury for approval to issue and sell the bonds as provided by the terms of this Resolution and by Act 34. The County Treasurer and County Agency are authorized to pay any filing fees required in connection with obtaining qualified status or prior approval from the Department of Treasury. The County Treasurer and County Agency are further authorized to request such waivers of the requirements of the Department of Treasury or Act 34 as necessary or desirable in connection with the sale of the bonds. 18. SALE, ISSUANCE, DELIVERY, TRANSFER AND EXCHANGE OF BONDS. The County Agency is hereby authorized to determine the principal amount of the bonds to be sold and to determine the other bond details as described in section 5 hereof and the terms and conditions for prior redemption as described in section 8 hereof. In addition, in order to save the cost of publication of an official notice of sale, the County Agency is hereby authorized to sell the bonds at a negotiated sale after solicitation of proposals from prospective purchasers by Municipal Financial Consultants Incorporated, which is hereby appointed as the County's financial consultant for the bonds. The bonds shall be sold at a price that is not less than 98.5% of their par value, as determined by the County Agency. The County's financial consultant is authorized to solicit proposals from at least twenty-five prospective purchasers and to circulate a request for proposal at least seven days prior to the date fixed for receipt of proposals for the purchase of the bonds. The request for proposal shall be in the form approved by the County Agency. The financial consultant is hereby designated to act for and on behalf of the County Agency to receive proposals for the purchase of the Bonds and to take all other steps necessary in connection with the sale and delivery thereof. The County Agency is hereby authorized to determine the low proposer on the Bonds and to award the Bonds to such low proposer. The County Agency is hereby authorized to do all other things necessary to effectuate the sale, issuance, delivery, transfer and exchange of the Bonds in accordance with the provisions of this Resolution. 19. REPLACEMENT OF BONDS. Upon receipt by the County Treasurer of proof of ownership of an unmatured bond, of satisfactory evidence that the bond has been lost, apparently destroyed or wrongfully taken and of security or indemnity which complies with applicable law and is satisfactory to the County Treasurer, the County Treasurer may authorize the bond registrar and paying agent to deliver a new executed bond to replace the bond lost, apparently destroyed or wrongfully taken in compliance with applicable law. In the event an outstanding matured bond is lost, apparently destroyed or wrongfully taken, the County Treasurer may authorize the bond registrar and paying agent to pay the bond without presentation upon the receipt of the same documentation required for the delivery of a replacement bond. The bond registrar and paying agent, for each new bond delivered or paid without presentation as provided above, shall require the payment of expenses, including counsel fees, which may be incurred by the bond registrar and paying agent and the County in the premises. Any bond delivered pursuant the provisions of this section 19 in lieu of any bond lost, apparently destroyed or wrongfully taken shall be of the same form and tenor and be secured in the same manner as the bond in substitution for which such bond was delivered. 20. OFFICIAL STATEMENT. The County Agency and the County Treasurer are each authorized to cause the preparation of an official statement for the bonds for the purpose of enabling compliance with Rule 15c2-12 issued under the Securities Exchange Act of 1934, as amended (the "Rule") and to do all other things necessary to enable compliance with the Rule. After the award of the bonds, the County will provide copies of a "final official statement" (as defined in Commissioners Minutes Continued. June 07, 2012 435 paragraph (e)(3) of the Rule) on a timely basis and in reasonable quantity as requested by the successful bidder or bidders to enable such bidder or bidders to comply with paragraph (b)(4) of the Rule and the rules of the Municipal Securities Rulemaking Board. 21. CONTINUING DISCLOSURE. The County Treasurer is authorized to execute a certificate of the County, constituting an undertaking to provide ongoing disclosure about the County for the benefit of the holders of the bonds as required under paragraph (b)(5) of the Rule, and amendments to such certificate from time to time in accordance with the terms of the certificate (the certificate and any amendments thereto are collectively referred to herein as the "Continuing Disclosure Certificate"). The County hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. 22. TAX COVENANT. The County covenants to comply with all requirements of the Internal Revenue Code of 1986, as amended, necessary to assure that the interest on the bonds will be and will remain excludable from gross income for federal income tax purposes. The County Agency, the County Treasurer, the County Clerk and other appropriate County officials are authorized to do all things necessary to assure that the interest on the bonds will be and will remain excludable from gross income for federal income tax purposes. 23. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions insofar as they may be in conflict herewith are hereby rescinded. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE FISCAL NOTE (MISC. #12144) BY: Finance Committee, Tom Middleton, Chairperson IN RE: WATER RESOURCES COMMISSIONER – RESOLUTION TO ESTABLISH OAKLAND COUNTY FARMINGTON HILLS 2012 WATER SUPPLY SYSTEM AND AUTHORIZE OAKLAND COUNTY FARMINGTON HILLS 2012 WATER SUPPLY SYSTEM IMPROVEMENTS CONTRACT AND OAKLAND COUNTY FARMINGTON HILLS WATER SUPPLY SYSTEM BONDS, SERIES 2012 BOND RESOLUTION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Resolution establishes the Oakland County Farmington Hills 2012 Water Supply System and improvements contract and approves the issuance of the Oakland County Farmington Hills Water Supply System Bonds, Series 2012. 2. The Project can be financed most economically and efficiently by the County through the exercise of the powers conferred by Act 342, Public Acts of Michigan, 1939, as amended (“Act 342”). 3. The bond issue is not to exceed $16,900,000 and is to be used for the acquisition, construction and financing the improvements of a water supply system with facilities constituting part of the system that will promote the public health and welfare of the residents. 4. The project will be constructed in two phases, phase 1 for $6,800,000 and phase 2 for $10,100,000 for a total estimated cost of $16,900,000 with a 30 year and upward useful life. 5. The Bonds shall be issued in multiple series, bear an interest rate not to exceed 6% per annum, will be in aggregate principal amounts, will mature in such years and principal amounts and will be callable prior to maturity as determined necessary by the County Agency. 6. The statutory limit for County debt is $5,245,346,034 (10% of State Equalized Value). As of May 8, 2012, the total pledged debt is $282,866,817 or approximately .5393% of the S.E.V. 7. The Public Corporation participating in the Oakland County Farmington Hills Water Supply System is the City of Farmington Hills. 8. The estimated project cost of $16,900,000 will be 100% apportioned to the City of Farmington Hills. Commissioners Minutes Continued. June 07, 2012 436 9. The City of Farmington Hills will pay for the bonds through revenues of the water supply system paid by users of the system. 10. No budget amendment is required. FINANCE COMMITTEE (The vote for this motion appears on page 437.) *MISCELLANEOUS RESOLUTION #12145 BY: Planning and Building Committee, David Potts, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – COURTHOUSE OFFICE SPACE LICENSING FOR TITLE COMPANIES AND NEWSPAPERS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS there are currently six title companies and two newspaper companies occupying office space in the County Courthouse (see Exhibit A); and WHEREAS there is currently no formal arrangement/agreement for use of the office space between the County and these companies; and WHEREAS it is the County’s intent to have formal arrangements/agreements in place with all entities occupying space in a County building or on County property; and WHEREAS formal arrangements/agreements will manage expectations between the parties, protect the County’s interests, limit its liability, and enforce its security standards; and WHEREAS the attached license agreements have been customized for each company; and WHEREAS the title companies shall be charged the standard annual Courthouse square footage rate for the net square footage of their respective office spaces; and WHEREAS the newspaper companies shall be charged $1 per year for their respective office spaces, given that being located in the Courthouse assists them in providing a valuable public service; and WHEREAS appropriate insurance requirements have been determined by Risk Management (see Exhibit B); and WHEREAS the term of each license shall be one year and shall be automatically renewed; and WHEREAS the license can be unconditionally terminated by either party; and WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached license agreements. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached license agreements between the County of Oakland and the following companies: First American Title, ASK Services, Metro Equity, J&L Research Company, Seaver Title Agency, Detroit News, and Detroit Free Press. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his or her designee to execute the attached license agreements and all other related documents, 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 License Agreement, Exhibit A and Exhibit B on file in County Clerk’s office. FISCAL NOTE (MISC. #12145) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – COURTHOUSE OFFICE SPACE LICENSING FOR TITLE COMPANIES AND NEWSPAPERS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The resolution approves and authorizes lease agreements between the County of Oakland and the following companies, currently occupying office space in the Oakland County Courthouse: Commissioners Minutes Continued. June 07, 2012 437 First American Title, ASK Services, Metro Equity Services, J&L Land Research Company, Seaver Title Agency, Detroit News, and Detroit Free Press. 2. Lease agreements have been customized for each company. 3. The title companies will be charged at the annual Courthouse square footage rate for the net square footage of their respective office spaces and the newspaper companies will be charged $1 per year. 4. The term of each lease will be one year beginning on the execution date, will be automatically renewed, and can be unconditionally terminated by either party. 5. Annual lease charges to the title companies total $8,181 based on the Courthouse square footage rate of $16.23 and the 504 net square footage occupied by the title companies, or $681.75 per month. 6. Lease revenue will be receipted in the External Agencies revenue account (#63100-1040702- 140010-635017) in the Facilities Maintenance & Operations Fund. 7. FY 2012 Budget adjustments are nominal and no budget amendment is recommended. Adjustments for future fiscal years will be included in the FY 2013 – FY 2015 Executive Recommended Budget. FINANCE COMMITTEE Vote on Consent Agenda: AYES: Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, River, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted.) Commissioner Middleton stated that there were no items to report on the Regular Agenda for the Finance Committee. REPORT BY: General Government Committee – Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – APPOINTMENT TO THE OAKLAND COUNTY FRIEND OF THE COURT CITIZENS ADVISORY COMMITTEE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered this appointment on May 21, 2012, hereby recommends that Elise Fince-Sophiea be appointed to the Oakland County Friend of the Court Citizens Advisory Committee – A Mental Health Professional Who Provides Family Counseling - designated seat for a three-year term beginning July 1, 2012 and ending June 30, 2015. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Copy of Application for Appointment to Oakland County Friend of the Court – Citizens Advisory Committee on file in County Clerk’s office. Moved by Long supported by Nash the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Chairperson Michael Gingell asked if there were any other nominations. There were none. Commissioners Minutes Continued. June 07, 2012 438 Moved by Long supported by Nash the appointment of Elise Fince-Sophiea to the Oakland County Friend of the Court Citizens Advisory Committee – A Mental Health Professional Who Provides Family Counseling – designated seat for a Three Year Term beginning July 1, 2012 and ending June 30, 2015 be confirmed. Vote on appointment: AYES: Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, River, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic, Covey. (25) NAYS: None. (0) A sufficient majority having voted in favor, the appointment of Elise Fince-Sophiea to the Oakland County Friend of the Court Citizens Advisory Committee – A Mental Health Professional Who Provides Family Counseling – designated seat for a Three Year Term beginning July 1, 2012 and ending June 30, 2015 was confirmed. REPORT (MISC. #12149) BY: General Government Committee – Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS BALLOT INITIATIVE FOR THE DETROIT/WINDSOR BRIDGE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered the above titled resolution on May 21, 2012, hereby recommends that the resolution title be amended as follows. MR #12149 – Board of Commissioners – Support for the Ballot Initiative for the Detroit/Windsor Bridge Chairperson, on behalf of the General Government Committee, I recommend acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #12149 BY: Commissioner Shelley Goodman Taub, District #16 IN RE: BOARD OF COMMISSIONERS BALLOT INITIATIVE FOR THE DETROIT/WINDSOR BRIDGE To the Oakland County Board of Commissioners WHEREAS The state of Michigan benefits from multiple International crossing alternatives including the Ambassador Bridge, the Detroit-Windsor Tunnel, the Blue Water Bridge, railroad tunnels in Detroit and Port Huron, and a truck ferry in Detroit; and WHEREAS For the past 83 years the owners and operators of the Ambassador Bridge, the Detroit International Bridge Company (DIBC), have invested hundreds of millions of private funds in the state of Michigan and have created thousands of Michigan jobs; and WHEREAS The DIBC has invested nearly $1 billion in recent years to enhance border facilities and to build a second span to the Ambassador Bridge to complement its current crossing and maximize the utility of the existing roadways and new highway connections created under the multi-million dollar Gateway Project; and WHEREAS The taxpayers of Michigan spent $230 million rebuilding public infrastructure within the Gateway Project with the premise that there would be a second span of the Ambassador Bridge, paid for with private funds, and WHEREAS Despite the DIBC,s desire to move forward with the private expansion of the second span of the bridge that would infuse millions of dollars into the our economy generating thousands of much needed jobs, the DIBC has been thwarted by governmental “ Red-Tape “, and WHEREAS The Michigan Department of Transportation (MDOT) has spent nearly $40 million since 2002 on studies preparing their plan to build a government bridge paid for with tax dollars , and WHEREAS When spending taxpayers’ dollars on a government sponsored bridge, constitutionally mandated services such as Public Health, Public Safety, Roads and Education, lose sufficient funding; and WHEREAS MDOT continues to spend scarce state resources in its continued effort to build the New International Bridge Crossing (NITC) formerly known as the Detroit River International Crossing, (DRIC ) despite actual traffic crossings in the Detroit-Windsor corridor have dropped 50% since 1999; and Commissioners Minutes Continued. June 07, 2012 439 WHEREAS the NITC, the government bridge, will require the taking of private property to include, but not limited to 257 privately owned homes, 43 businesses and 7 churches and non-profit organizations which will devastate the hometown community of Delray in Detroit, and WHEREAS no study has demonstrated that a government sponsored crossing could pay for itself without significant taxpayer subsidy or significant toll increases, and WHEREAS in addition to the taking of private property and the burden on the taxpayers to subsidize the government bridge, there are concerns about the legal and/or Constitutional issue of the $ 550 million loan to the state of Michigan by the Canadian Parliament, and WHEREAS the Constitution of the United States of America and the American federal system specifically and expressly reserves the responsibility to negotiate and enter into a loan agreement with another sovereign nation to the United State of America, and WHEREAS in 1927 the Ambassador Bridge was required to receive a positive vote of the people of both Detroit, Michigan and Sandwich, Ontario, Canada before proceeding with the construction of the bridge, and NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby support the taxpayers of Michigan, the homeowners, landowners, businesses, the churches and urges the Michigan legislature to reject any proposal not supported by a majority of the citizens of the state of Michigan to build a government bridge. BE IT FURTHER RESOLVED, that the Oakland County Board of Commissioners does hereby support the opportunity for the people of Michigan to decide whether taxpayer dollars should be spent on a bridge when private funding for a bridge is available. BE IT FURTHER RESOLVED that copies of this resolution be sent to the Governor, the Lieutenant Governor, the Michigan House of Representatives, the Michigan Senate and the members of the Michigan Congressional Delegation. SHELLEY TAUB, MIKE BOSNIC, DAVID POTTS, BILL DWYER, MICHAEL GINGELL, BOB GOSSELIN, TOM MIDDLETON, JEFF MATIS, ANGELA RIVER, CHRISTINE LONG, JIM RUNESTAD, PHILIP WEIPERT, BETH NUCCIO, KATHY CRAWFORD, JOHN SCOTT, BOB HOFFMAN Moved by Taub supported by Long the resolution be adopted. Moved by Long supported by Taub the General Government Committee Report be accepted. Discussion followed. A sufficient majority having voted in favor, the report was accepted. Moved by Taub supported by Long the resolution be amended to coincide with the recommendation in the General Government Committee Report. Vote on amended Report: AYES: Dywer, Gingell, Gosselin, Hoffman, Long, Matis, Middleton, Nuccio, Potts, River, Runestad, Scott, Taub, Weipert, Bosnic, Crawford. (16) NAYS: Gershenson, Jackson, McGillivray, Nash, Quarles, Woodward, Zack, Covey. (8) A sufficient majority having voted in favor, the amendment carried. Discussion followed. Commissioners Minutes Continued. June 07, 2012 440 Moved by Gosselin supported by Taub the resolution be amended as follows: WHEREAS if an Interlocal Agreement or an Executive Order to which Oakland County is not a party becomes a vehicle by which the NITC bridge is administratively approved, this could obligate the taxpayers of Oakland County and other municipalities not a party to such agreement should a court issue a judgment after the fact and order payment for cost overruns, liabilities or completion of the infrastructure project Vote on amendment: AYES: Gingell, Gosselin, Hoffman, Long, Matis, Middleton, Nuccio, Potts, River, Runestad, Scott, Taub, Weipert, Bosnic, Crawford, Dwyer. (16) NAYS: Gershenson, Hatchett, Jackson, McGillivray, Nash, Quarles, Woodward, Zack, Covey. (9) A sufficient majority having voted in favor the amendment carried. Discussion followed. Moved by Woodward supported by Covey the resolution be amended as follows: BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners supports Governor Rick Snyder’s efforts to build the New International Bridge Crossing (NITC) that will create 10,000 jobs and be a major economic boost to our region’s economy. Discussion followed. As a point of order, Chairperson Michael Gingell asked if the third amendment was germane to the resolution. Judy Cunningham, Corporation Counsel, addressed the Board and stated that the third amendment was germane to the resolution. Discussion followed. Vote on amendment: AYES: Hatchett, Jackson, McGillivray, Nash, Quarles, Woodward, Zack, Covey, Gershenson. (9) NAYS: Gingell, Gosselin, Hoffman, Long, Matis, Middleton, Nuccio, Potts, River, Runestad, Scott, Taub, Weipert, Bosnic, Crawford, Dwyer. (16) A sufficient majority having not voted in favor, the amendment failed. Discussion followed. Vote on resolution, as amended: AYES: Gosselin, Hoffman, Long, Matis, Middleton, Nuccio, Potts, River, Runestad, Scott, Taub, Weipert, Bosnic, Crawford, Dwyer, Gingell. (16) NAYS: Hatchett, Jackson, McGillivray, Nash, Quarles, Woodward, Zack, Covey, Gershenson. (9) A sufficient majority having voted in favor, the resolution, as amended was adopted. MISCELLANEOUS RESOLUTION #12156 BY: General Government Committee, Christine Long, Chairperson IN RE: HEALTH AND HUMAN SERVICES – HOMELAND SECURITY DIVISION – TERMINATION OF FIDUCIARY FOR 2009, 2010 AND 2011 HOMELAND SECURITY GRANT PROGRAM Commissioners Minutes Continued. June 07, 2012 441 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the purpose of the Homeland Security Grant Program (HSGP) is to provide federal pass-through funds to prevent, deter, respond to and recover from incidents of national significance, including threats and incidents of terrorism; and WHEREAS to identify and prioritize how the HSGP funds will be used, the State of Michigan, through the Michigan Homeland Protection Board, created Regional Security Planning Boards; and WHEREAS the Regional Homeland Security Planning Board for Region 2 (also known as the UASI Board) is comprised of the following political subdivisions: the City of Detroit, and Macomb, Monroe, Oakland, St. Clair, Washtenaw and Wayne Counties; and WHEREAS the UASI Board is not a legal entity that can manage and distribute HSPG funds; thus, a fiduciary is needed for the UASI Board to manage and distribute HSPG funds; and WHEREAS Oakland County has acted as fiduciary for the UASI Board since 2006; and WHEREAS in April 2012, the UASI Board voted that Macomb County become the fiduciary for the 2012 grant agreements for the UASI Board; and WHEREAS the Homeland Security Division of the Health and Human Services Department (“Homeland Security Division”) recommends, as of September 30, 2012, terminating the grant agreements with the State of Michigan that make Oakland County fiduciary for the UASI Board or fiduciary for other political subdivisions within Region 2; and WHEREAS the Homeland Security Division recommends terminating the grant agreements which were approved by the following Miscellaneous Resolutions: (1) MR #10133; (2) MR #10134; (3) MR #10212; (4) MR #11047; (5) MR #11118; (6) MR#12011; and (7) #12012; and WHEREAS pursuant to the grant agreements, the Homeland Security Division will give the State of Michigan Emergency Management and Homeland Security Division 30 days written notice of the termination; and WHEREAS the Homeland Security Division will give written notice to the political subdivisions within Region 2 that Oakland County will cease operating as fiduciary for the UASI Board on September 30, 2012 and that all Interlocal Agreements associated with the grant agreements will be terminated on the same date; and WHEREAS the termination of Oakland County as fiduciary and subgrantee for the 2010 State Homeland Security Grant Program requires the discontinuation of two (2) full-time eligible special revenue Homeland Security-UASI Regional SAP in the Homeland Security Division, position #10519 & #11203 and the discontinuation of one (1) full-time non-eligible (2000 hr/year) Buyer II position in the Purchasing Division, position #10521, for Management and Administrative purposes; and NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners terminates the grant agreements with the State of Michigan that were approved by the following Miscellaneous Resolutions: (1) MR #10133; (2) MR #10134; (3) MR #10212; (4) MR #11047; (5) MR #11118; (6) MR#12011; and (7) #12012. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes and directs the Manager of the Homeland Security Division to send written notice to the State of Michigan terminating the above-listed grant agreements and to send written notice to the political subdivisions terminating the Interlocal Agreements associated with the above-listed grant agreements. BE IT FURTHER RESOLVED that two (2) full-time eligible special revenue Homeland Security-UASI Regional SAP, position #10519 & #11023 be discontinued in Health and Human Services/Homeland Security Division and (1) full-time non-eligible special revenue Buyer II (2,000 hr/year), position #10521, be discontinued in Management and Budget/Purchasing Division. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE The Chairperson referred the resolution to the Human Resources Committee and Finance Committee. There were no objections. Commissioners Minutes Continued. June 07, 2012 442 MISCELLANEOUS RESOLUTION #12157 BY: General Government Committee, Christine Long, Chairperson IN RE: COUNTY CLERK/REGISTER OF DEEDS – ELECTIONS DIVISION – AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS BY THE CHARTER TOWNSHIP OF WHITE LAKE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in Resolution #97232 the Board of Commissioners authorized the establishment of a revised Board of Canvassers’ Service Fee of $25.00 per precinct to help defray the cost of election certification as provided by Public Act 116 of 1954, as amended; and WHEREAS the Charter Township of White Lake is requesting to utilize the services of the Oakland County Board of Canvassers; and WHEREAS Corporation Counsel has drafted an agreement for said city to utilize the services of the Oakland County Board of Canvassers. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the attached agreement with the Charter Township of White Lake to utilize the services of the Oakland County Board of Canvassers. BE IT FURTHER RESOLVED that, upon approval of this agreement by the Oakland County Board of Commissioners, a copy shall be filed by the County Clerk with the Office of the Great Seal of the State of Michigan. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Agreement between the County and Charter Township of White Lake. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Agreement Between the Charter Township of White Lake and Oakland County to Utilize the Services of the Oakland County Board of Canvassers Incorporated by Reference. Original on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #12158 BY: General Government Committee, Chris Long, Chairperson IN RE: BOARD OF COMMISSIONERS - INTERGOVERNMENTAL AGREEMENT BETWEEN OAKLAND COUNTY AND THE ROCHESTER HILLS PUBLIC LIBRARY FOR THE OPERATIONS OF THE LIBRARY FOR THE VISUALLY AND PHYISCALLY IMPAIRED To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County operates the Library for the Visually and Physically Impaired (LVPI) located in the west wing of the County’s Court House; and WHEREAS the LVPI is a service that is largely comprised of maintaining a library of audio tapes and digital cartridges, provides reading material for the visually impaired (generally, large print books) and other material; and WHEREAS the principal services rendered involve the maintenance of a case management record and responding to LVPI member telephone requests and in person for library material; and WHEREAS in November 2007, Oakland County published a request for proposal seeking to determine if there was any interest in the cities, villages and townships located in Oakland County in operating the LVPI on behalf of the County; and WHEREAS the above request for proposal resulted in no submissions of interest from the cities, villages and townships; and WHEREAS in the summer of 2008 Oakland County hired a local consulting firm to prepare a report covering the feasibility of combining the Oakland County LVPI, Macomb County Library for the Blind and Physically Handicapped, and the Mideastern Talking Book Center; and Commissioners Minutes Continued. June 07, 2012 443 WHEREAS while the consultant’s report was issued in October 2008 and cited many reasons for such consolidation, no action to do so was undertaken by the three entities; and WHEREAS the Macomb County Library for the Blind and Physically Handicapped operation is now operated by the Clinton-Macomb Public Library; and WHEREAS the Washtenaw County Library for the Blind and Physically Handicapped has transferred its operations to the Ann Arbor District Library; and WHEREAS Oakland County and the City of Oak Park explored the transfer of operations from the Oakland County LVPI to the City of Oak Park’s library; and WHEREAS after roughly two months of due diligence on the part of the City of Oak Park’s management, the City of Oak Park decided that it would not be feasible at this time and declined to continue exploring the operating transfer; and WHEREAS the Rochester Hills Public Library (RHPL) was generally aware of the County’s prior interest and then current discussions with the City of Oak Park about the transfer of the County’s LVPI to a local unit of government; and WHEREAS the RHPL has undertaken a review of the statutory, programmatic and financial implications of assuming the operating responsibilities of the Oakland County LVPI and provided a proposal to serve to assume the responsibilities of the LVPI; and WHEREAS the statutory, programmatic and financial agreement reached between Oakland County and the RHPL is attached to this resolution; and WHEREAS on April 20, 2012 the Library Board voted unanimously to accept the proposal to serve Oakland County in providing services to the visually and physically impaired; and WHEREAS the personnel and budget aspects resulting from the transfer of this operation from Oakland County to the RHPL will be handled as part of the County Executive’s Recommended Budget process for Fiscal Years 2013-2015. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners hereby approves the attached agreement between Oakland County and the Rochester Hills Public Library for the services involving the Library for the Visually and Physically Impaired and directs the Chairperson of the Board of Commissioners to execute the agreement. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing Resolution. GENERAL GOVERNMENT COMMITTEE Copy of Library Services Agreement Oakland County, Michigan and the Rochester Hills Public Library and Attachment A Incorporated by Reference. Original on file in County Clerk’s office. Moved by Long supported by Matis the resolution be adopted. AYES: Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nuccio, Potts, Quarles, River, Runestad, Scott, Taub, Weipert, Zack, Bosnic, Covey, Crawford, Dwyer Gingell, Gosselin. (22) NAYS: Nash, Woodward, Gershenson. (3) A sufficient majority having voted in favor, the resolution was adopted. MISCELLANEOUS RESOLUTION #12159 BY: Human Resources Committee, John Scott, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT - SALARY ADMINISTRATION PLAN 2nd QUARTERLY REPORT FOR FY 2012 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Salary Administration Plan approved by the Board of Commissioners for Salary Grades 1 - 21 provides a process for departments and employees to request a review of the salary grade placement of classifications; and WHEREAS the 2nd Quarterly Report for FY 2012 identifies the job studies conducted and the salary grade changes recommended by the Human Resources Department after completion of this review process; and Commissioners Minutes Continued. June 07, 2012 444 WHEREAS funding is available in the Classification and Rate Change fund to implement GF/GP salary grade changes resulting from this Salary Administration Plan Quarterly Report recommendation; and NOW THEREFORE BE IT RESOLVED that the Oakland Board of Commissioners authorizes implementation of the Salary Administration Plan 2nd Quarterly Report for FY 2012, which includes the following classification changes: Salary Grade Total Points Classification From To From To Director - Elections 16 17 547 572 Public Health Sanitarian Technician 7 8 265 305 Chairperson, on behalf of the Human Resources Committee, I move the adoption of the foregoing resolution. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #12160 BY: Planning and Building Committee, David Potts, Chairperson IN RE: FACILITIES MANAGEMENT/PARKS AND RECREATION COMMISSION – INDEPENDENCE OAKS - BIERLEIN LEASE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is the owner of Independence Oaks County Park; and WHEREAS a 560-square foot apartment, identified as 10275 Sashabaw Road, Clarkston Michigan, 48348, is located on the grounds of Independence Oaks County Park; and WHEREAS, it is the desire of the Oakland County Parks and Recreation Commission to lease said house located at 10275 Sashabaw Road, Clarkston Michigan, 48348 to Matt Bierlein for a period commencing June 1, 2012 through December 31, 2017; and WHEREAS under the terms and conditions of the attached Lease Agreement Matt Bierlein will pay rent as follows: June 1, 2012 – December 31, 2012 $400.00 per month January 1, 2013 – December 31, 2013 $408.00 per month January 1, 2014 – December 31, 2014 $416.00 per month January 1, 2015 – December 31, 2015 $424.00 per month January 1, 2016 – December 31, 2016 $432.00 per month January 1, 2017 – December 31, 2017 $441.00 per month each month and pay all utility costs; and WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached lease agreement; and WHEREAS it is the recommendation of the Oakland County Parks and Recreation Commission and the Department of Facilities Management that the Oakland County Board of Commissioners accepts and approves the terms and conditions of the attached Lease Agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached Lease Agreement between the County of Oakland and Matt Bierlein. BE IT FURTHER RESOLVED that the rent amount received be deposited in the Oakland County Parks and Recreation Rental House Revenue fund line item. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Lease Agreement and all other related documents between the County of Oakland and Matt Bierlein, which may be required. Commissioners Minutes Continued. June 07, 2012 445 Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Residential Lease Agreement and Exhibit A Incorporated by Reference. Original on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #12161 BY: Planning and Building Committee, David Potts, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT AND THE WATER RESOURCES COMMISSIONER – APPROVAL AND ACCEPTANCE OF LEASE AGREEMENT WITH D'ANCO PROPERTIES, LLC, FOR USE OF INDUSTRIAL BUILDING AND STORAGE YARD AT 30750 W, 8 MILE ROAD, FARMINGTON HILLS, MICHIGAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Water Resources Commissioner presently provides water main service and sanitary sewer maintenance operations to numerous communities in southern Oakland County; and WHEREAS at the present time the County does not own a suitable facility in southern Oakland County which would accommodate the maintenance operations and material storage needs of the Water Resources Commissioner; and WHEREAS pursuant to Miscellaneous Resolution #11061 of April 2011, the County of Oakland entered into a lease agreement with D’Anco Properties to occupy part of an industrial building and construction yard located at 30750 W. 8 Mile Road in Farmington Hills for the purpose of providing said operations; and WHEREAS the Water Resource Commissioner’s staff has determined that given its maintenance and operational responsibilities in southern Oakland County that additional warehouse and office space is required; and WHEREAS it is the recommendation of the Water Resources Commissioner and the Department of Facilities Management that the Oakland County Board of Commissioners accepts and approves the terms and conditions of the attached Lease Agreement, which would provide for such additional space; and WHEREAS under the terms and conditions of the attached Lease Agreement, the Water Resources Commissioner would expand its occupancy from approximately 4,300-sf of the industrial building to 8,085-sf and continue to occupy the north 150-sq of the storage yard located at 30750 W. 8 Mile Road in the City of Farmington Hills for a period of four years. The rental rate during the term of the lease will be $5,243.75 per month or $62,925 per year; and WHEREAS the lease may be terminated by the County upon 90 days written notice; and WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached lease agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached Lease Agreement for use of part of the industrial building and storage yard at 30750 W. 8 Mile Road, Farmington Hills, Michigan between the County of Oakland and D'ANCO Properties, LLC. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Lease Agreement and all other related documents between the County of Oakland and D'ANCO Properties, 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 Acceptance and Approval of Lease with D’Anco Properties, LLC for Water Resources Commissioner Maintenance/Storage Facility Incorporated by Reference. Original on file in County Clerk’s office. Commissioners Minutes Continued. June 07, 2012 446 The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #12162 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: SHERIFF'S OFFICE - USE OF LAB ENHANCEMENT FUNDS FOR EQUIPMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Public Act 35 of 1994 “The Forensic Laboratory Funding Act” authorizes courts to collect an assessment to be sent to the State who shall then distribute proceeds of the state forensic laboratory fund annually to a municipality applying and said funds to be utilized toward the enhancement of forensic laboratory efforts related to the forensic science services; and WHEREAS the state has distributed $923,067.13 (balance as of 4/10/12) as a result of Sheriff's Office laboratory efforts; and WHEREAS the Sheriff is requesting that a portion of these funds be used to pay for a 3D Laser Scanner; and WHEREAS this equipment will be used by the Sheriff's Office to enhance the Forensic Laboratory in compliance with the restrictions of Public Act; and WHEREAS the 3D Scanner has an estimated cost of $59,620. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the use of $59,620 from the Sheriff’s Office Forensic Laboratory Enhancement Account (#10100-4030101- 222410) to purchase the 3D Scanner. 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. There were no objections. MISCELLANEOUS RESOLUTION #12163 BY: Commissioner Bill Dwyer, District #14; Gary McGillivray, District #24; Mattie Hatchett, District #10; Marcia Gershenson, District #17; Helaine Zack, District #22; Craig Covey, District #25 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR FEDERAL AND STATE LEGISLATION CRIMINALIZING THE SALE, DISPLAY FOR SALE, AND/OR POSSESSION OF SYNTHETIC MARIJUANA To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS synthetic marijuana/cannabinoids and products containing synthetic marijuana/cannabinoids are chemically engineered substances, similar to tetrahydrocannabinol (THC)—the active ingredient in marijuana—that, when smoked or ingested, can produce a high similar to marijuana. These substances have recently become a popular alternative to marijuana; and WHEREAS synthetic marijuana/cannabinoids and products containing synthetic marijuana/cannabinoids, such as those marketed under the names K2, Spice, Blonde, Summit, Standard, Citron, Genie, Zohai, and Fire and Ice, are often more potent than THC; and WHEREAS the health dangers associated with the ingestion and/or smoking of synthetic marijuana/cannabinoids and products containing synthetic marijuana/cannabinoids have prompted the banning and/or strict regulation of some or all marijuana/cannabinoids in the several countries, states and local jurisdictions; and WHEREAS Michigan Senate Bill 1082 proposes to address this issue by amending the Public Health Code to prohibit and prescribe a criminal penalty for selling a named product that currently or previously contained a Schedule 1 controlled substance, without disclosing that it no longer contains the schedule ingredient or while representing that it currently contains the scheduled ingredient or a similar ingredient. A violation would be a misdemeanor punishable by up to 93 days’ imprisonment, a maximum fine of $5,000, or both; and WHEREAS Michigan House Bill 5714 proposes to amend Section 48 of the Administrative Procedures Act to allow for the promulgation of emergency rules to schedule or reschedule a substance as a controlled substance under certain conditions. WHEREAS, the sale and possession of synthetic marijuana/cannabinoids and products containing synthetic marijuana/cannabinoids present a serious health and safety danger to Oakland County’s Commissioners Minutes Continued. June 07, 2012 447 residents wherein local law enforcement need effective and consistent tools, such as federal or state legislation, in order to effectively suppress the spread of these insidious drugs; and NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby supports Senate Bill 1082, House Bill 5714 and any other federal or state legislation that proposes to criminalize the sale, display for sale, and/or possession of synthetic marijuana/cannabinoids; and BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners requests that, if the Oakland County Health Department deems it appropriate and advisable, the Oakland County Health Department draft a proposed regulation on this subject and present it to the Oakland County Board of Commissioners for approval in accordance with MCL 333.2441 and MCL 333.3442. Chairperson, we move the adoption of the foregoing Resolution. BILL DWYER, SHELLEY TAUB, CHRISTINE LONG, BOB GOSSELIN, BOB HOFFMAN, MIKE BOSNIC, TOM MIDDLETON, JOHN SCOTT, CRAIG COVEY, DAVID POTTS, GARY MCGILLIVRAY, ANGELA RIVER, HELAINE ZACK, JIM RUNESTAD, JANET JACKSON, PHILIP WEIPERT, DAVE WOODWARD, MICHAEL GINGELL, MATTIE HATCHETT, KATHY CRAWFORD, MARCIA GERSHENSON, BETH NUCCIO, JIM NASH, JETT MATIS, NANCY QUARLES Move by Dwyer supported by Gershenson to suspend the rules and vote on Miscellaneous Resolution #12163 – Board of Commissioners – Support for Federal and State Legislation Criminalizing the Sale, Display for Sale, and/or Possession of Synthetic Marijuana. Vote on motion to suspend the rules: AYES: Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, River, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic, Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin. (25) NAYS: None. (0) A sufficient majority having voted in favor, the motion to suspend the rules and vote on Miscellaneous Resolution #12163 - Board of Commissioners – Support for Federal and State Legislation Criminalizing the Sale, Display for Sale, and/or Possession of Synthetic Marijuana carried. Discussion followed. Moved by Dwyer supported by Gershenson the resolution be adopted. AYES: Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, River, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic, Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hatchett. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. MISCELLANEOUS RESOLUTION #12164 BY: Commissioners Jim Nash, District #15; Bill Dwyer, District #14 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION – CITY OF FARMINGTON HILLS – ORCHARD LAKE ROAD - PROJECT NO. 50691 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 Commissioners Minutes Continued. June 07, 2012 448 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 Farmington 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 Farmington Hills and said appropriation has been transferred to a project account; and WHEREAS the City of Farmington 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 Farmington Hills is $49,560. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the City of Farmington 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 Farmington Hills. Chairperson, we move the adoption of the foregoing Resolution. BILL DWYER, JIM NASH 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. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #12165 BY: Commissioner Bob Hoffman, District #2 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION – CHARTER TOWNSHIP OF HIGHLAND – COOLEY LAKE ROAD - PROJECT NO. 51142 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 Commissioners Minutes Continued. June 07, 2012 449 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’s1/3 share of the project from the General Fund Designated Fund Balance for Tri-Party Program. The resolution shall be approved by the Finance Committee and the full Board before any funds are released from the Tri-Party Program designation account; and WHEREAS the Charter Township of Highland, along with the RCOC has identified a project and said project is ready to be undertaken immediately; and WHEREAS the RCOC has appropriated its one-third (1/3) share of the funding for the project in the Charter Township of Highland and said appropriation has been transferred to a project account; and WHEREAS the Charter Township of Highland has demonstrated that it has authorized its one-third (1/3) share of the funding for the project and has executed a contract for payment with the RCOC; and WHEREAS Oakland County’s one-third (1/3) share of the Fiscal Year 2012 authorized amount of Tri- Party Road Improvement funding for the Charter Township of Highland is $5,020. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Charter Township of Highland and authorizes the release of Tri-Party Road Improvement Program funds from the Oakland County Designated Fund Balance. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this resolution to the Road Commission for Oakland County, Oakland County Fiscal Services and the Charter Township of Highland. Chairperson, I move the adoption of the foregoing Resolution. BOB HOFFMAN Copy of Correspondence from Patricia Z. Wierzbicki Deputy-Secretary/Clerk of the Board for the Oakland County Road Commission, Copy of Correspondence from Thomas G. Noechel Programming Supervisor for the Oakland County Road Commission and Cost Participation 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 #12166 BY: Commissioner Angela River, District #11 IN RE: BOARD OF COMMISSIONERS – OAKLAND COUNTY ART INSTITUTE AUTHORITY – AMENDMENT TO ARTICLE V To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Legislature enacted 2010 PA 296 (Act 296) to provide for the establishment of an art institute authority by a county board of commissioners; and WHEREAS on May 17, 2012, the Oakland County Board of Commissioners adopted MR #12083 to establish Articles of Incorporation for the Oakland County Art Institute Authority; and WHEREAS appointments to the Oakland County Art Institute Authority Board were made in the manner outlined in the Articles of Incorporation; and WHEREAS the Oakland County Art Institute Authority Board met on May 24, 2012 and adopted ballot language for the August 7, 2012 primary ballot to place before the voters of Oakland County the question of whether they wished to authorize 0.2 mills for a period of 10 years on all taxable property within the county for the purpose of providing revenue to an art institute services provider that will be used Commissioners Minutes Continued. June 07, 2012 450 exclusively for the benefit of the art institute – the Detroit Institute of Arts (DIA) - with respect to which the art institute services provider renders services; and WHEREAS on May 18, 2012 the Oakland County Board of Commissioners was provided with the attached Memorandum of Understanding from Mr. Graham Beal, Director of the Detroit Institute of Arts, which states, among other things, that the DIA would provide free admission to all Oakland County residents, including self-guided student field trips; and WHEREAS two amendments are proposed to the Articles of Incorporation, 1) to require both Wayne County and Macomb County to authorize the levy and collection of a 0.2 mill tax for a period of not more than 10 years pursuant to 2010 PA 296 before the Oakland County Arts Authority levies and collects the same tax for the same period of time, and 2) to provide for free admission to the DIA for Oakland County residents. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby amends the Oakland County Art Institute Authority Articles of Incorporation, adopted per MR #12083, as follows: ARTICLE V – Powers and Duties 3. A. The Authority may levy a tax of not more than 0.2 mill for a period of not more than 10 years on all of the taxable property within Oakland County for the purpose of providing revenue to an art institute services provider that will be used exclusively for the benefit of the art institute to which the art institute services provider renders services in accordance with MCL 123.1201, et seq. B. NOTWITHSTANDING SUBSECTION A ABOVE, THE AUTHORITY SHALL NOT LEVY AND/OR SHALL NOT COLLECT A TAX FOR ANY PERIOD UNLESS THE VOTERS OF BOTH WAYNE COUNTY AND MACOMB COUNTY HAVE ALSO AUTHORIZED THE LEVY AND COLLECTION OF A .2 MILL TAX FOR A PERIOD OF NOT MORE THAN 10 YEARS PURSUANT TO 2010 PA 296. 6. The Authority’s contract with the art institute services provider shall include preferences or benefits for the residents of Oakland County who voted on and approved the tax levied by the Authority. Preferences or benefits include, but are not limited to, FREE ADMISSION FOR OAKLAND COUNTY RESIDENTS, discounted admission fees, discounted membership fees, discounts for school children and access to educational programs BE IT FURTHER RESOLVED that the Oakland County Clerk is hereby directed to endorse upon the articles the fact of their adoption by the Oakland County Board of Commissioners and shall forthwith file a printed copy of the articles with the Secretary of State. Chairperson, I move adoption of the foregoing resolution. ANGELA RIVER, JEFF MATIS, SHELLEY TAUB, CHRISTINE LONG, BETH NUCCIO, JIM NASH, ROBERT GOSSELIN, JOHN SCOTT, MIKE BOSNIC Moved by River supported by Gosselin to suspend the rules and vote on Miscellaneous Resolution #12166 - Board of Commissioners – Oakland County Art Institute Authority – Amendment to Article V. Vote on motion to suspend rules: AYES: Long, Matis, Middleton, Nuccio, River, Runestad, Scott, Taub, Weipert, Bosnic, Crawford, Dwyer, Gingell, Gosselin, Hoffman. (15) NAYS: Jackson, McGillivray, Nash, Potts, Quarles, Woodward, Zack, Covey, Gershenson, Hatchett. (10) A sufficient majority having voted in favor, the motion to suspend the rules and vote on Miscellaneous Resolution #12166 - Board of Commissioners – Oakland County Art Institute Authority – Amendment to Article V carried. Moved by River supported by Gosselin the resolution be adopted. Commissioners Minutes Continued. June 07, 2012 451 Moved by River supported by Gosselin the resolution be amended as follows: 6. The Authority’s contract with the art institute services provider shall include preferences or benefits for the residents of Oakland County who voted on and approved the tax levied by the Authority. Preferences or benefits include, but are not limited to, FREE ADMISSION FOR OAKLAND COUNTY RESIDENTS, discounted admission fees, discounted membership fees, discounts for school children and access to educational programs Vote on amendment: AYES: Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, River, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic, Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson. (25) NAYS: None. (0) A sufficient majority having voted in favor, the amendment carried. Discussion followed. Moved by River supported by Gosselin the resolution be amended as follows: B. NOTWITHSTANDING SUBSECTION A ABOVE, THE AUTHORITY SHALL NOT LEVY AND/OR SHALL NOT COLLECT A TAX FOR ANY PERIOD UNLESS THE VOTERS OF BOTH WAYNE COUNTY AND MACOMB COUNTY HAVE ALSO AUTHORIZED THE LEVY AND COLLECTION OF A .2 MILL TAX FOR A PERIOD OF NOT MORE THAN 10 YEARS PURSUANT TO 2010 PA 296. Vote on amendment: AYES: Matis, Nuccio, River, Runestad, Scott, Taub, Weipert, Bosnic, Gosselin, Long. (10) NAYS: McGillivray, Middleton, Nash, Potts, Quarles, Woodward, Zack, Covey, Crawford, Dwyer, Gershenson, Gingell, Hatchett, Hoffman, Jackson. (15) A sufficient majority having not voted in favor, the amendment failed. MISCELLANEOUS RESOLUTION #12167 BY: Commissioner Helaine Zack, District #22 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION – CHARTER TOWNSHIP OF ROYAL OAK – CONCRETE REPAIR - PROJECT NO. 51401 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the Tri-Party Road Improvement Program to assist Oakland County’s cities, villages and townships (CVTs) with the construction, maintenance and repair of roads under the supervision, direction and control of the Road Commission for Oakland County; and WHEREAS Miscellaneous Resolution #09221 established the revised Tri-Party Road Improvement Program – Funding and Project Approval Process; and WHEREAS Miscellaneous Resolution #09221, as amended by Miscellaneous Resolution #10045, provides that any Oakland County appropriation in support of the Tri-Party Road Improvement Program shall be distributed only from the designated General Fund Tri-Party Program fund balance after completion of all of the following: 1. The Road Commission for Oakland County (RCOC) and a city, village, or township (CVT) have identified a project and the project is ready to be undertaken immediately; and 2. The RCOC has appropriated its 1/3 share of the funding for the project and transferred said appropriation to a project account; and Commissioners Minutes Continued. June 07, 2012 452 3. The CVT has authorized its 1/3 share of the funding for the project and has executed a contract for payment with the RCOC; and 4. The Commissioner(s) representing the CVT requesting the project submits a resolution authorizing the appropriation of the County’s 1/3 share of the project from the General Fund Designated Fund Balance for Tri-Party Program. The resolution shall be approved by the Finance Committee and the full Board before any funds are released from the Tri-Party Program designation account; and WHEREAS the Charter Township of Royal Oak, along with the RCOC has identified a project and said project is ready to be undertaken immediately; and WHEREAS the RCOC has appropriated its one-third (1/3) share of the funding for the project in the Charter Township of Royal Oak and said appropriation has been transferred to a project account; and WHEREAS the Charter Township of Royal Oak has demonstrated that it has authorized its one-third (1/3) share of the funding for the project and has executed a contract for payment with the RCOC; and WHEREAS Oakland County’s one-third (1/3) share of the Fiscal Year 2012 authorized amount of Tri- Party Road Improvement funding for the Charter Township of Royal Oak is $56,594. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Charter Township of Royal Oak and authorizes the release of Tri-Party Road Improvement Program funds from the Oakland County Designated Fund Balance. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this resolution to the Road Commission for Oakland County, Oakland County Fiscal Services and the Charter Township of Royal Oak. Chairperson, I move the adoption of the foregoing Resolution. HELAINE ZACK 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. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #12168 BY: Commissioner Jim Runestad, District #6 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION – CHARTER TOWNSHIP OF WHITE LAKE – COOLEY LAKE ROAD - PROJECT NO. 51142 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the Tri-Party Road Improvement Program to assist Oakland County’s cities, villages and townships (CVTs) with the construction, maintenance and repair of roads under the supervision, direction and control of the Road Commission for Oakland County; and WHEREAS Miscellaneous Resolution #09221 established the revised Tri-Party Road Improvement Program – Funding and Project Approval Process; and WHEREAS Miscellaneous Resolution #09221, as amended by Miscellaneous Resolution #10045, provides that any Oakland County appropriation in support of the Tri-Party Road Improvement Program shall be distributed only from the designated General Fund Tri-Party Program fund balance after completion of all of the following: 1. The Road Commission for Oakland County (RCOC) and a city, village, or township (CVT) have identified a project and the project is ready to be undertaken immediately; and 2. The RCOC has appropriated its 1/3 share of the funding for the project and transferred said appropriation to a project account; and 3. The CVT has authorized its 1/3 share of the funding for the project and has executed a contract for payment with the RCOC; and 4. The Commissioner(s) representing the CVT requesting the project submits a resolution authorizing the appropriation of the County’s 1/3 share of the project from the General Fund Commissioners Minutes Continued. June 07, 2012 453 Designated Fund Balance for Tri-Party Program. The resolution shall be approved by the Finance Committee and the full Board before any funds are released from the Tri-Party Program designation account; and WHEREAS the Charter Township of White Lake, along with the RCOC has identified a project and said project is ready to be undertaken immediately; and WHEREAS the RCOC has appropriated its one-third (1/3) share of the funding for the project in the Charter Township of White Lake and said appropriation has been transferred to a project account; and WHEREAS the Charter Township of White Lake has demonstrated that it has authorized its one-third (1/3) share of the funding for the project and has executed a contract for payment with the RCOC; and WHEREAS Oakland County’s one-third (1/3) share of the Fiscal Year 2012 authorized amount of Tri- Party Road Improvement funding for the Charter Township of White Lake is $53,333. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Charter Township of White Lake and authorizes the release of Tri-Party Road Improvement Program funds from the Oakland County Designated Fund Balance. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this resolution to the Road Commission for Oakland County, Oakland County Fiscal Services and the Charter Township of White Lake. Chairperson, I move the adoption of the foregoing Resolution. JIM RUNESTAD 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. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #12169 BY: Commissioners Janet Jackson, District #21; Helaine Zack, District #22; Nancy Quarles, District #23 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION – CITY OF SOUTHFIELD – LAHSER ROAD - PROJECT NO. 50161 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 Southfield, along with the RCOC has identified a project and said project is ready to be undertaken immediately; and Commissioners Minutes Continued. June 07, 2012 454 WHEREAS the RCOC has appropriated its one-third (1/3) share of the funding for the project in the City of Southfield and said appropriation has been transferred to a project account; and WHEREAS the City of Southfield 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 Southfield is $157,925. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the City of Southfield 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 Southfield. Chairperson, we move the adoption of the foregoing Resolution. JANET JACKSON, HELAINE ZACK, NANCY QUARLES 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. The Chairperson referred the resolution to the Finance Committee. There were no objections. The Board adjourned at 11:38 a.m. to the call of the Chair or June 21, 2012, at 9:30 a.m. BILL BULLARD, JR. MICHAEL J. GINGELL Clerk Chairperson