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HomeMy WebLinkAboutMinutes - 2012.08.01 - 7863514 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES August 1, 2012 Meeting called to order by Chairperson Michael Gingell at 7:03 p.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, River, Runestad, Scott, Taub, Weipert, Woodward, Zack. (24) EXCUSED ABSENCE WITH NOTICE: Quarles. (1) Quorum present. Invocation given by Bob Hoffman. Pledge of Allegiance to the Flag. Moved by Dwyer supported by Zack the minutes of the July 18, 2012 Board Meeting be approved. A sufficient majority having voted in favor, the minutes were approved as printed. Moved by Taub supported by Gershenson the agenda be amended as follows: ITEMS NOT ON BOARD AGENDA PUBLIC SERVICES COMMITTEE c. Department of Public Services/Community Corrections – Michigan Department of Corrections, Office of Community Corrections, Community Corrections Comprehensive Plan and Application for FY 2013 (Reason for suspension Waiver of Rule III – Resolution was taken up by Public Services Committee immediately prior to today’s meeting. (Fiscal Note taken up by Finance Committee July 26)) d. Sheriff’s Office – Contract for Law Enforcement Services at the Michigan Renaissance Festival – 2012 Season (Reason for suspension Waiver of Rule III – Resolution was taken up by Public Services Committee immediately prior to today’s meeting. (To be referred to the Finance Committee)) e. Prosecuting Attorney – Revision of the Fiscal Year 2012 Budget (Reason for suspension Waiver of Rule III – Resolution was taken up by Public Services Committee immediately prior to today’s meeting. (To be referred to the Human Resources and Finance Committees)) Commissioners Minutes Continued. August 1, 2012 515 Vote on agenda, as amended: AYES: Bosnic, Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, River, Runestad, Scott, Taub, Weipert, Woodward, Zack. (24) NAYS: None. (0) A sufficient majority having voted in favor, the agenda, as amended, was approved. Chairperson Michael Gingell addressed the Board to introduce Commissioner Taub. Commissioner Taub addressed the Board and asked Chairperson Michael Gingell to join her in presenting a proclamation to Donald Jensen who has served the citizens of Oakland County admirably as a member of the Oakland County Board of Commissioners, and as a member of the Library Board for the last 24 years. Donald Jensen addressed the Board. Chairperson Michael Gingell addressed the Board to introduce Executive Director of the Traffic Improvement Association (TIA), Jim Santilli. Executive Director of the Traffic Improvement Association (TIA), Jim Santilli addressed the Board to give a presentation of the Traffic Improvement Association with a video entitled: Remembering Ally: Distracted Driving Crash Education Video. He also presented awards from the TIA to the Board of Commissioners, Oakland County Executive L. Brooks Patterson and Oakland County Sheriff Michael Bouchard for their dedication to improved traffic safety. The following people addressed the Board during public comment: Alice Benbow, David Lonier, Shane Trejo, Darnell Johnson, Geraldine Amato, Anna Janek, John Irvine, Dennis Marburger and Tim Trikes. Moved by Weipert supported by McGillivray the resolutions (with fiscal notes attached) on the Amended Consent Agenda be adopted (with accompanying reports being accepted). The vote for this motion appears on page 549. The resolutions on the Amended Consent Agenda follow (annotated by an asterisk {*}): *MISCELLANEOUS RESOLUTION #12152 BY: Commissioner Michael Gingell, District #3 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY PROGRAM FOR ROAD IMPROVEMENTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS since the 1970’s, 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, 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 have identified a project and the project is ready to be undertaken immediately; and 2. The RCOC has appropriated it’s 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 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. August 1, 2012 516 Designated Fund Balance for the 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 distribution formula and method of calculation of Tri-Party allocations have remained the same for CVT’s and have been used for years in an attempt to equitably distribute the Tri-Party dollars; and WHEREAS although the method of calculation and factors involved have remained the same, the data on which those calculations are based has changed as a result of the recent population data from the 2010 Census; and WHEREAS at the beginning of 2011 there were approximately $11 million in total un-committed Tri-Party Program funds for participating municipalities. WHEREAS due to a lack of identified road projects, the RCOC sent a letter to all participating municipalities in February of 2012 requesting that they identify applicable road projects for their un-committed funds or that their un-committed funds would be reclaimed by RCOC and the County and offered to other communities in a one-time activity to utilize all available Tri-Party funds resulting in the permanent loss of the un-committed funds for the applicable communities. WHEREAS since the intent of the Tri-Party Program is to improve the safety and condition of county roads, the County of Oakland and the RCOC are investigating ways to utilize unclaimed funds in order to best serve the County as a whole; and WHEREAS if an Oakland County CVT is interested in using amounts from the unclaimed Tri-Party fund designation, they should submit a request, identifying the project and the amount of additional funds needed. These requests will be evaluated on the following criteria: 1. Can the project be completed in 2012 or 2013. Projects that can be completed in 2012 will be given priority over projects that are submitted for 2013. 2. Is the required 1/3 share currently budgeted. 3. Does the project improve the surface condition of a county road. 4. Does it improve the safety of the road network. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the release of un-committed funds in the Tri-Party Road Improvement Program for CVT’s that have submitted a request and identified projects for additional funds, as described above and; BE IT FURTHER RESOLVED that the same formula used for distribution of funds from the Tri-Party Road Improvement Program would be used for distribution of the un-committed funds to the CVT’s who have made requests for same; and 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 CVT’s in Oakland County. Chairperson, I move the adoption of the foregoing Resolution. MICHAEL GINGELL, SHELLEY TAUB, GARY MCGILLIVRAY, JEFF MATIS, CRAIG COVEY, ANGELA RIVER, TOM MIDDLETON, DAVID POTTS, PHILIP WEIPERT, BOB HOFFMAN, JOHN SCOTT, BILL DWYER, BETH NUCCIO, JANET JACKSON, NANCY QUARLES Copy of Correspondence from Thomas G. Noechel Programming Supervisor for the Road Commission for Oakland County on file in County Clerk’s office. FISCAL NOTE (MISC. #12152) BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – TRI-PARTY PROGRAM FOR ROAD IMPROVEMENTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced Miscellaneous Resolution and finds: 1. The resolution approves the release of un-committed funds in the Tri-Party Road Improvement Program for CVT’s that have submitted a request and identified projects for additional funds as Commissioners Minutes Continued. August 1, 2012 517 specified in the resolution. 2. The Road Commission for Oakland County (RCOC) has notified all participating municipalities in February 2012 that they identify applicable road projects or the un-committed monies will be reclaimed by the RCOC and the County and offered to other communities using the same formula used for the distribution of funds from the Tri-Party Road Improvement Program. 3. 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). 4. This resolution does not change the County’s current practice or obligations due to the fact that County funds are not released until a project is ready for construction, it has been submitted by RCOC to the Board of Commissioners, and the Board of Commissioners approves the release of funds. 5. Adoption of this resolution does not increase funding for the Tri-Party program nor will funding be restored for any community for the effect of the redistribution due to a lack of project commitment. 6. No budget amendment is required. FINANCE COMMITTEE (The vote for this motion appears on page 549.) *MISCELLANEOUS RESOLUTION #12186 BY: Commissioner John Scott, District #5 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION – CITY OF LAKE ANGELUS – GRAVEL ROAD PROGRAM - PROJECT NO. 51422 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 Lake Angelus, 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 Lake Angelus and said appropriation has been transferred to a project account; and WHEREAS the City of Lake Angelus 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 Lake Angelus is $6,720. Commissioners Minutes Continued. August 1, 2012 518 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the City of Lake Angelus 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 Lake Angelus. Chairperson, I move the adoption of the foregoing Resolution. JOHN SCOTT Copy of Correspondence from Patricia Z. Wierzbicki Deputy-Secretary/Clerk of the Board for the Road Commission for Oakland County, Copy of Correspondence from Thomas G. Noechel Programming Supervisor for the Road Commission for Oakland County and Cost Participation Agreement Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #12186) BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION – CITY OF LAKE ANGELUS – GRAVEL ROAD PROGRAM – PROJECT NO. 51422 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 $6,720 is available in the General Fund Designated Fund Balance for Tri-Party 2012 and prior funding (account #383510) for project 51422. 3. This project is for the spreading of gravel and chloride on various roads. 4. The FY 2012 budget be amended as follows: GENERAL FUND (#10100) FY 2012 Revenue 9010101-196030-665882 Planned Use of Fund Balance $6,720 Total Revenues $6,720 Expenditures 9010101-153010-740135 Road Commission Tri-Party $6,720 Total Expenditures $6,720 FINANCE COMMITTEE (The vote for this motion appears on page 549.) *MISCELLANEOUS RESOLUTION #12189 BY: Commissioner Bob Hoffman, District #2 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION – TOWNSHIP OF ROSE – GRAVEL ROAD PROGRAM - PROJECT NO. 51442 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 Commissioners Minutes Continued. August 1, 2012 519 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 Township of Rose, 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 Township of Rose and said appropriation has been transferred to a project account; and WHEREAS the Township of Rose 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 Township of Rose is $10,000. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Township of Rose 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 Township of Rose. 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 Road Commission for Oakland County, Copy of Correspondence from Thomas G. Noechel Programming Supervisor for the Road Commission for Oakland County and Cost Participation Agreement Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #12189) BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION –TOWNSHIP OF ROSE – GRAVEL ROAD PROGRAM – PROJECT NO. 51442 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced Miscellaneous Resolution and finds: 1. On December 15, 2011, the Board of Commissioners approved Miscellaneous Resolution #11305 which designated $2,876,802 in fund balance for the Tri-Party Road Improvement Program for projects managed by the Road Commission for Oakland County (RCOC). 2. Funding of $10,000 is available in the General Fund Designated Fund Balance for Tri-Party 2012 and prior funding (account #383510) for Project No. 51442. 3. This project is for the spreading of gravel on various roads. 4. The FY 2012 budget be amended as follows: Commissioners Minutes Continued. August 1, 2012 520 GENERAL FUND (#10100) FY 2012 Revenue 9010101-196030-665882 Planned Use of Fund Balance $10,000 Total Revenues $10,000 Expenditures 9010101-153010-740135 Road Commission Tri-Party $10,000 Total Expenditures $10,000 FINANCE COMMITTEE (The vote for this motion appears on page 549.) *MISCELLANEOUS RESOLUTION #12190 BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY AND DEPARTMENT OF MANAGEMENT AND BUDGET/EQUALIZATION DIVISION – UPGRADE OF TAXING AND ASSESSING SOFTWARE TO BS&A .NET EDITION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Department of Information Technology (OCIT) provides a taxation and assessment software used by the county departments and subscribing local CVTs; and WHEREAS the current taxation and assessment software, BS&A Pervasive, is nearing end of life for vendor support and new functionality is no longer being developed in this version of the system; and WHEREAS the Oakland County Equalization Division and Department of Information Technology have evaluated opportunities to reduce the “total cost of ownership” and, at the same time, increase system functionality provided to system end users; and WHEREAS a Request for Proposals was released, and the BSA .NET product was determined to be the solution that best met the County and subscribing local CVT needs, and was the lowest cost option; and WHEREAS an upgrade from the existing BS&A Pervasive software to the .NET edition would provide the following benefits to Oakland County and subscribing local CVTs: • Reduce data sharing compatibility issues between the County’s Assessing and Taxation related systems. • Improve integration between Assessing, Tax, and Special Assessment applications. This integration will reduce data entry errors, increased productivity and provide accurate, real-time information for each municipality. • Result in an estimated 20% reduction in IT time related to support and maintenance for an aging system. • Achieve over 2,000 hours of Equalization department productivity gains annually due to the upgraded system’s improved functionality and stability. • Allow for conversion to a standardized Microsoft .NET Platform and SQL Server database platform consistent with County standards. • Improve reporting capabilities and reduce manual report processing time. • Integrate GIS capabilities allowing more flexibility in managing property comparables, sales and ECF analysis results visually on a map. WHEREAS the costs of the project will be tracked under the Major Departmental Support Projects Funds as a separate fund and project number; and WHEREAS the contract with BS&A Software is subject to review and approval from Corporation Counsel. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the appropriation of Major Departmental Support Projects Fund #42060 for the BS&A .NET implementation and the FY 2012 Budget is amended as follows: GENERAL FUND (#10100) FY 2012 Revenue 9010101-196030-665882 Planned Use of Fund Balance $3,046,418 Expenditure 9010101-152130-788001-42060 Transfer Out $3,046,418 Commissioners Minutes Continued. August 1, 2012 521 Total General Fund $ 0 BSA Tax Assess Software Upgrade Fund (#42060) Proj Business Unit MAJOR, Project #100000001641, Activity A Revenue 9016001-152130-695500-10100 Transfer In from GF $3,046,418 Total Revenue $3,046,418 Expenditures 9016001-152130-731773 Software Purchase $ 944,771 9016001-152130-731941 Training 6,630 9016001-152130-731458 Professional Services 281,229 9016001-152130-773630 IT Development 1,642,335 9016001-152130-760132 Computer Equipment 125,950 9016001-152130-730359 Contingency 45,503 Total Expenditures $3,046,418 BE IT FURTHER RESOLVED the cost for the BS&A .NET implementation will be funded by the by the Major Departmental Support Project Fund 42060 which has a balance of $5,000,000 and as an exception is being requested to authorize a transfer of $3,046,418. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby approves the implementation of the .NET edition of BS&A Software by the Equalization Department and the Department of Information Technology, at a cost not to exceed $3,046,418. Chairperson, on behalf of the Finance Committee, I move for the adoption of the foregoing resolution. FINANCE COMMITTEE (The vote for this motion appears on page 549.) *MISCELLANEOUS RESOLUTION #12191 BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET/EQUALIZATION DIVISION – APPROVAL OF CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH THE TOWNSHIP OF ROSE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Equalization Division provides a number of services to local units of government including original assessments, reappraisals, and file maintenance; and WHEREAS these services are provided under contract with the local units as approved by the Board of Commissioners. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves entering into the attached Contract for Oakland County Equalization Division Assistance Services covering the term June 13, 2012 thru June 30, 2013 with the Township of Rose, which has been signed by its authorized signatories. BE IT FURTHER RESOLVED that the Board of Commissioners’ Chairperson is authorized to sign this contract. BE IT FURTHER RESOLVED that the Oakland County Clerk shall receive and file the executed contract with the concerned unit of government as required by law. BE IT FURTHER RESOLVED that the FY 2013 Executive Recommended Budget is amended as follows to include this contract for the amount of $48,366: GENERAL FUND (#10100) Revenue 1020501-186020-631813 Reimb. Equalization Services $ 48,366 Expenditure 9090101-196030-730359 Non-Dept Contingency $ 48,366 $ 0 Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Commissioners Minutes Continued. August 1, 2012 522 Copy of correspondence from David M. Hieber Manager of Oakland County Equalization and Contract for Oakland County Equalization Division Assistance Services with the Township of Rose (real and personal property services) Incorporated by Reference. Original on file in County Clerk’s office. (The vote for this motion appears on page 549.) *MISCELLANEOUS RESOLUTION #12192 BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – CITY OF FARMINGTON DEPARTMENT OF PUBLIC SAFETY CESSATION OF PSAP FUNCTIONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners adopted the Final Amended 9-1-1 Service Plan for the County of Oakland under Miscellaneous Resolution 99-279; and WHEREAS the City of Farmington Department of Public Safety was listed as a Primary 9-1-1 Public Safety Answering Point (PSAP) in that Plan; and WHEREAS the Emergency 9-1-1Service Enabling Act, Michigan Public Act 32 of 1986, MCL §484.1101 et seq, as amended, provides a mechanism under which a PSAP may cease functioning as a Primary PSAP by providing written notice to the County Clerk of its intention to cease functioning as a Primary PSAP; and WHEREAS the County Clerk has received written notice from the City of Farmington of its intention to cease functioning as a Primary PSAP under the Final Amended 9-1-1 Service Plan for the County of Oakland; and WHEREAS Michigan Public Act 32 of 1986, MCL §484.1101 et seq, as amended requires a Board of Commissioners resolution to make minor amendments to the Final Amended 9-1-1 Service Plan for the County of Oakland; NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes a minor amendment of the Final Amended 9-1-1 Service Plan for the County of Oakland deleting the Farmington Department of Public Safety from the list of Primary PSAPs. BE IT FURTHER RESOLVED that there is no fiscal impact resulting from this minor amendment to the 9-1-1 Service Plan and no budget amendment is required. 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 549.) *MISCELLANEOUS RESOLUTION #12193 BY: Finance Committee, Tom Middleton, Chairperson IN RE: TREASURER/WATER RESOURCES COMMISSIONER - RESOLUTION TO AUTHORIZE OAKLAND COUNTY ROCHESTER HILLS WATER SUPPLY AND SEWAGE DISPOSAL SYSTEM REFUNDING BONDS, SERIES 2012 To The Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to the provisions of Act No. 342, Public Acts of Michigan, 1939, as amended ("Act 342"), the County of Oakland (the "County") has issued its Oakland County Rochester Hills Water Supply and Sewage Disposal System Bonds, Series 2005, dated December 1, 2005 (the "Prior Bonds"), in the original principal amount of $3,800,000. The Prior Bonds were issued to defray the part of the cost of acquiring and constructing water supply and sewage disposal facilities pursuant to the Oakland County Water Supply and Sewage Disposal Systems for Rochester Hills – Extension No. 5A Project Contract, dated May 1, 2005, between the City of Rochester Hills (the "Municipality") and the County (said contract hereinafter referred to as the "Contract"); and WHEREAS the Prior Bonds remain outstanding in the aggregate principal amount of $1,950,000, mature in various principal amounts on April 1 in the years 2013 through 2022 and bear interest at rates per annum that vary from 4.00% to 4.40%; and Commissioners Minutes Continued. August 1, 2012 523 WHEREAS Act No. 34, Public Acts of Michigan, 2001, as amended ("Act 34") authorizes the County to refund all or any part of the outstanding Prior Bonds; and WHEREAS the County received a request from the Municipality to refund all or part of the outstanding Prior Bonds; and WHEREAS it is in the best interests of the County and the Municipality that the Prior Bonds be refunded. NOW THEREFORE BE IT RESOLVED: 1. AUTHORIZATION OF BONDS – PURPOSE. Bonds of the County (the "Refunding Bonds") aggregating the principal sum of not to exceed Two Million One Hundred Fifty Thousand Dollars ($2,150,000) shall be issued and sold pursuant to the provisions of Act 34, and other applicable statutory provisions, for the purpose of refunding all or part of the outstanding Prior Bonds. 2. BOND DETAILS. The Refunding Bonds shall be designated Oakland County Rochester Hills Water Supply and Sewage Disposal System Refunding Bonds, Series 2012; shall be in the principal amount and shall be dated as of such date as shall be determined by the Oakland County Water Resources Commissioner, as County Agency under Act 342, at the time of sale; 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 5% per annum to be determined upon the sale thereof payable on such dates as shall be determined at the time of sale; and shall mature on such dates and in such amounts as shall be determined at the time of sale. 3. PAYMENT OF PRINCIPAL AND INTEREST. The principal of and interest on the Refunding 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 fifteenth 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. 4. 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 Refunding 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 Refunding 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 Refunding Bonds to any Participant having Refunding Bonds certified to its DTC account or to arrange for another securities depository to maintain custody of certificates evidencing the Refunding Bonds. Notwithstanding any other provision of this Resolution to the contrary, so long as any Refunding 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 Refunding Bonds and all notices with respect to the Refunding Bonds shall be made and given, respectively, to DTC as provided in the Blanket Issuer Letter of Representations between the County and DTC. The County Agency or the County Treasurer is authorized to sign the Letter of Representations on behalf of the County, in such form as the Commissioners Minutes Continued. August 1, 2012 524 County Agency or the County Treasurer deems necessary or appropriate, in order to accomplish the issuance of the Refunding Bonds in accordance with law and this Resolution. Notwithstanding any provision of this section to the contrary, if the County Treasurer deems it to be in the best interest of the County, the Refunding Bonds shall not initially be issued through the book- entry-only transfer system of DTC. 5. PRIOR REDEMPTION. The Refunding Bonds shall not be subject to redemption prior to maturity. 6. BOND REGISTRAR AND PAYING AGENT. The County Treasurer shall designate and enter into an agreement with a bond registrar and paying agent for the Refunding Bonds that shall be a bank or trust company located in the State of Michigan that is qualified to act in such capacity under the laws of the United States of America or the State of Michigan. The Treasurer may from time to time as required designate a similarly qualified successor bond registrar and paying agent. 7. EXECUTION, AUTHENTICATION AND DELIVERY OF REFUNDING BONDS. The Refunding 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 Refunding Bonds. After the Refunding Bonds have been executed and authenticated, they shall be delivered by the County Treasurer to the purchaser upon receipt of the purchase price. Additional Refunding 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 the Refunding Bonds. The bond registrar and paying agent shall indicate on each Refunding Bond the date of its authentication. 8. EXCHANGE AND TRANSFER OF REFUNDING BONDS. Any Refunding 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 Refunding 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 Refunding Bond. Each Refunding 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 Refunding 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 Refunding Bond, the bond registrar and paying agent on behalf of the County shall cancel the surrendered Refunding Bond and shall authenticate and deliver to the transferee a new Refunding 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 Refunding Bond. If, at the time the bond registrar and paying agent authenticates and delivers a new Refunding Bond pursuant to this section, payment of interest on the Refunding Bonds is in default, the bond registrar and paying agent shall endorse upon the new Refunding Bond the following: "Payment of interest on this bond is in default. The last date to which interest has been paid is __________, ____." The County and the bond registrar and paying agent may deem and treat the person in whose name any Refunding Bond shall be registered upon the books of the County as the absolute owner of such Refunding Bond, whether such Refunding Bond shall be overdue or not, for the purpose of receiving payment of the principal of and interest on such Refunding 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 3 of this Resolution shall be valid and effectual to satisfy and discharge the liability upon such Refunding 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 Refunding 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 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. Commissioners Minutes Continued. August 1, 2012 525 The bond registrar and paying agent shall not be required to transfer or exchange Refunding Bonds or portions of Refunding Bonds that have been selected for redemption. 9. FORM OF REFUNDING BONDS. The Refunding Bonds shall be in substantially the following form: Commissioners Minutes Continued. August 1, 2012 526 UNITED STATES OF AMERICA STATE OF MICHIGAN COUNTY OF OAKLAND OAKLAND COUNTY ROCHESTER HILLS WATER SUPPLY AND SEWAGE DISPOSAL SYSTEM REFUNDING 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 _____________________________________________________________________, the bond registrar and paying agent, or at such successor bond registrar and paying agent as may be designated pursuant to the Resolution, 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 __________, ____, or such later date through which interest has 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 on __________ 1, ____. Principal and interest are payable in lawful money of the United States of America. This bond is one of a series of bonds aggregating the principal sum of _______________ _________________________ Thousand Dollars ($_________) issued by the County under and pursuant to and in full conformity with the Constitution and Statutes of Michigan (especially Act No. 34, Public Acts of 2001, as amended) and a resolution adopted by the Board of Commissioners of the County (the "Resolution") and an order of the Water Resources Commissioner of the County as County Agency for the purpose of refunding the outstanding Oakland County Rochester Hills Water Supply and Sewage Disposal System Bonds, Series 2005, dated December 1, 2005, maturing in the years _____ through _____. The bonds of this series are issued in anticipation of, and the principal of and interest on the bonds are payable from, moneys to be received by the County from the City of Rochester Hills (the "Municipality") in payment of its obligations under a certain contract dated as of May 1, 2005, between the Municipality and the County. The full faith and credit of the Municipality have been pledged for the making of such payments. As additional security for the payment of the principal of and interest on the bonds of this series the full faith and credit of the County have been pledged. Taxes imposed by the Municipality and the County are subject to constitutional, statutory and charter tax rate 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 Commissioners Minutes Continued. August 1, 2012 527 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. This bond is not subject to redemption prior to maturity. 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, State of 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. August 1, 2012 528 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] Commissioners Minutes Continued. August 1, 2012 529 10. SECURITY. The Refunding Bonds shall be issued in anticipation of the payments to be made by the Municipality pursuant to the Contract. As additional security the full faith and credit of the County of Oakland are hereby pledged for the prompt payment of the principal of and interest on the Refunding Bonds as the same shall become due. If the Municipality shall fail to make payments to the County that are sufficient to pay the principal of and interest on the Refunding 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. 11. 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 Refunding Bonds or any portion of the Refunding Bonds, shall have been deposited in trust, this Resolution shall be defeased with respect to such Refunding Bonds and the owners of the Refunding Bonds shall have no further rights under this Resolution except to receive payment of the principal of, premium if any, and interest on the Refunding Bonds from the cash or securities deposited in trust and the interest and gains thereon and to transfer and exchange Refunding Bonds as provided herein. 12. PRINCIPAL AND INTEREST FUND. There shall be established for the Refunding Bonds a Principal and Interest Fund that shall be kept in a separate bank account. From the proceeds of the sale of the Refunding Bonds there shall be set aside in the Principal and Interest Fund any accrued interest received from the purchaser of the Refunding Bonds at the time of delivery of the same; provided, however, that the County Agency may determine that all or any portion of any premium received from the purchaser of the Refunding Bonds received at the time of such delivery also may be set aside in the Principal and Interest Fund. All payments received from the Municipality pursuant to the Contract are pledged for the payment of the principal of and interest on the Prior Bonds that are not refunded and the Refunding Bonds and expenses incidental thereto and as received shall be placed in the Principal and Interest Fund or the principal and interest funds for the Prior Bonds as appropriate. The County Agency shall transfer moneys in the Principal and Interest Fund to the bond registrar and paying agent for the Prior Bonds and the bond registrar and paying agent for the Refunding Bonds as necessary for the payment of the principal of and interest on the Prior Bonds that are not refunded and the Refunding Bonds. 13. PAYMENT OF ISSUANCE EXPENSES AND PRIOR BONDS THAT ARE REFUNDED - ESCROW FUND. The remainder of the proceeds of the Refunding Bonds shall be used to pay the issuance expenses of the Refunding Bonds and to pay the principal of, interest on and redemption premiums on the Prior Bonds that are refunded. If necessary, after the issuance expenses have been paid or provided for, the remaining proceeds shall be used to establish an escrow fund (the "Escrow Fund") consisting of cash and investments in direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by, the United States of America or other obligations the principal of and interest on which are fully secured by the foregoing and used to pay the principal of, interest on and redemption premiums on the Prior Bonds that are refunded. The Escrow Fund shall be held by an escrow agent (the "Escrow Agent") in trust pursuant to an escrow agreement (the "Escrow Agreement") that irrevocably shall direct the Escrow Agent to take all necessary steps to pay the interest on the Prior Bonds that are refunded when due and to call such Prior Bonds for redemption at such time as shall be determined in the Escrow Agreement. The County Treasurer shall select the Escrow Agent and enter into the Escrow Agreement with the Escrow Agent on behalf of the County. The amounts held in the Escrow Fund shall be such that the cash and the investments and the income received thereon will be sufficient without reinvestment to pay the principal of, interest on and redemption premiums on the Prior Bonds that are refunded when due at maturity or call for redemption as required by the Escrow Agreement. 14. APPROVAL OF DEPARTMENT OF TREASURY. The issuance and sale of the Refunding Bonds shall be subject to permission being granted therefor by the Department of Treasury of the State of Michigan under Act 34; and the County Treasurer or the County Agency shall, if necessary, make application to the Department of Treasury for permission to issue and sell the Refunding Bonds as provided by the terms of this Resolution. 15. SALE, ISSUANCE, DELIVERY, TRANSFER AND EXCHANGE OF REFUNDING BONDS. The County Agency shall determine the principal amount of the Refunding Bonds to be sold and shall determine the other bond details as described in Section 2 hereof and any premium to be set aside in the Commissioners Minutes Continued. August 1, 2012 530 Principal and Interest Fund as described in Section 12 hereof. In addition, in order to save the cost of publication of an Official Notice of Sale, the County hereby determines that it will sell the Refunding Bonds at a negotiated sale after solicitation of proposals from prospective purchasers by its financial consultant, Municipal Financial Consultants Incorporated. 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 Refunding Bonds. The Request for Proposal shall be in substantially the form approved by the County Agency at the time of sale with such changes therein as are not inconsistent with this Resolution. The financial consultant is hereby designated to act for and on behalf of the County to receive proposals for the purchase of the Refunding 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 Refunding Bonds and to award the Refunding Bonds to such low proposer. The County Agency, the County Treasurer, the County Clerk and other County officials and employees are hereby authorized to do all other things necessary to effectuate the sale, issuance, delivery, transfer and exchange of the Refunding Bonds in accordance with the provisions of this Resolution. 16. REPLACEMENT OF REFUNDING BONDS. Upon receipt by the County Treasurer of proof of ownership of an unmatured Refunding Bond, of satisfactory evidence that the Refunding Bond has been lost, apparently destroyed or wrongfully taken and of security or indemnity that complies with applicable law and is satisfactory to the Treasurer, the Treasurer may authorize the bond registrar and paying agent to deliver a new executed Refunding Bond to replace the bond lost, apparently destroyed or wrongfully taken in compliance with applicable law. In the event an outstanding matured Refunding Bond is lost, apparently destroyed or wrongfully taken, the Treasurer may authorize the bond registrar and paying agent to pay the Refunding Bond without presentation upon the receipt of the same documentation required for the delivery of a replacement Refunding Bond. The bond registrar and paying agent, for each new Refunding Bond delivered or paid without presentation as provided above, shall require the payment of expenses, including counsel fees that may be incurred by the bond registrar and paying agent and the County in the premises. Any Refunding Bond delivered pursuant the provisions of this Section 16 in lieu of any Refunding Bond lost, apparently destroyed or wrongfully taken shall be of the same form and tenor and be secured in the same manner as the Refunding Bond in substitution for which such Refunding Bond was delivered. 17. 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 Refunding 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 County officials and employees are authorized to do all things necessary to assure that the interest on the Refunding Bonds will be and will remain excludable from gross income for federal income tax purposes. 18. NOT QUALIFIED TAX-EXEMPT OBLIGATIONS. The Refunding Bonds are not designated as Qualified Tax-Exempt Obligations as described in Section 265(b)(3)(B) of the Internal Revenue Code of 1986, as amended. 19. OFFICIAL STATEMENT. The County shall cause the preparation of an official statement for the Refunding Bonds for the purpose of enabling compliance with Rule 15c2-12 issued under the Securities Exchange Act of 1934, as amended (the "Rule") and shall do all other things necessary to enable compliance with the Rule. After the award of the Refunding Bonds, the County will provide copies of a "final official statement" (as defined in paragraph (e)(3) of the Rule) on a timely basis and in reasonable quantity as requested by the successful bidder or bidders to enable such bidder or bidders to comply with paragraph (b)(4) of the Rule and the rules of the Municipal Securities Rulemaking Board. 20. CONTINUING DISCLOSURE. The County Treasurer and the County Agency are each severally authorized to execute and deliver in the name and on behalf of the County (i) a certificate of the County to comply with the requirements for a continuing disclosure undertaking of the County pursuant to subsection (b)(5) of the Rule and (ii) amendments to such certificate from time to time in accordance with the terms of such certificate (the certificate and any amendments thereto are collectively referred to herein as the "Continuing Disclosure Certificate"). The County hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. The remedies for any failure of the County to comply with and carry out the provisions of the Continuing Disclosure Certificate shall be as set forth therein. Commissioners Minutes Continued. August 1, 2012 531 21. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions insofar as they may be in conflict herewith are hereby rescinded. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE (the vote for this motion appears on page 549.) *MISCELLANEOUS RESOLUTION #12182 BY: Planning and Building Committee David Potts Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS – COMMUNITY & HOME IMPROVEMENT DIVISION – HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF PONTIAC AND COUNTY OF OAKLAND FOR HOME PROGRAM YEARS (PY) 2010, 2011 AND 2012 FUNDING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the City of Pontiac as a HOME Investment Partnerships Program (HOME) Participating Jurisdiction (PJ) qualifies to receive annual HOME funding directly from the U.S. Department of Housing and Development (HUD); and WHEREAS the City of Pontiac as a PJ is allowed by HUD to contract with eligible entities to administer HOME activities on the City’s behalf through a Subrecipient Agreement which stipulates the administrative and compliance requirements associated with administering federal HOME funds; and WHEREAS the City of Pontiac has requested Oakland County to administer HOME funds totaling $1,338,709 from Program Years (PY) 2010 ($532,114), 2011 ($470,397) and 2012 ($336,198) due to the City’s declining administrative capacity to implement HOME activities; and WHEREAS Oakland County is a HUD approved HOME PJ with the capacity to administer HOME activities on the City’s behalf; and WHEREAS Oakland County will implement a housing rehabilitation program (also referred to as the Oakland County Home Improvement Loan Program) to improve qualified City of Pontiac single family owner occupant housing units and implement the Community Housing Development Organization (CHDO) affordable housing development program set aside within the City of Pontiac as stated in the attached Subrecipient Agreement effective June 1, 2012 through June 30, 2015; and WHEREAS no HOME Program matching funds are required for these programs as HUD has qualified the City of Pontiac to receive a 100% match reduction as a distressed City; and WHEREAS the Subrecipient Agreement has been reviewed and approved by Corporation Counsel. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Subrecipient Agreement with the City of Pontiac to administer HOME funds totaling $1,338,709 from Program Years (PY) 2010 ($532,114), 2011 ($470,397) and 2012 ($336,198). BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes both the Board of Commissioners’ Chairperson and the County Executive to execute the Subrecipient Agreement and to approve amendments and extensions up to fifteen percent (15%) variance from the original agreement; and Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of HOME Investment Partnerships Program (HOME) Subrecipient Agreement Between the City of Pontiac and County of Oakland for HOME Program Years (PY) 2010, 2011 and 2012 Funding, Attachment A and Attachment B Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #12182) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS – COMMUNITY & HOME IMPROVEMENT DIVISION – HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF PONTIAC AND COUNTY OF OAKLAND FOR HOME PROGRAM YEARS (PY) 2010, 2011 AND 2012 FUNDING Commissioners Minutes Continued. August 1, 2012 532 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The City of Pontiac as a HOME Investment Partnerships Program (HOME) Participating Jurisdiction (PJ) qualifies to receive annual HOME funding directly from the U.S. Department of Housing and Development ( HUD). 2. The City of Pontiac as a PJ is allowed by HUD to contract with eligible entities to administer HOME activities on the City’s behalf through a Subrecipient Agreement. 3. The City of Pontiac has requested Oakland County to administer HOME funds totaling $1,338,709 from Program Years (PY) 2010 ($532,114), 2011 ($470,397) and 2012 ($336,198) due to the City’s declining administrative capacity to implement HOME activities. 4. Oakland County will implement a housing rehabilitation program (also referred to as the Oakland County Home Improvement Loan Program) to improve qualified City of Pontiac single family owner occupant housing units and implement the Community Housing Development Organization (CHDO) affordable housing development program set aside within the City of Pontiac. 5. No HOME Program matching funds are required for these programs as HUD has qualified the City of Pontiac to receive a 100% match reduction as a distressed City. 6. The County, as the Subrecipient, shall not be paid HOME administration funds, but shall be permitted to charge HOME project service delivery costs to each project. The project delivery costs are listed as $281,900 (or $140,950 annually for FY 2010 and FY 2011). 7. Subrecipient Agreement is effective June 1, 2012 through June 30, 2015. 8. FY 2010-2012 budget is amended as follows: Home Inv Partner Act Pontiac Fund #29712 FY 2010 FY 2011 FY2012 Revenue 1090659-132230-610313 Grant Federal $532,114 $470,397 $336,198 Total Revenue $532,114 $470,397 $336,198 Expenditures 1090659-132230-730275 CHDO Rehab $ 88,686 $ 78,400 $ 56,033 1090659-132230-730891 HousReSpec 443,428 391,997 280,165 Total Expenditures $532,114 $470,397 $336,198 FINANCE COMMITTEE (The vote for this motion appears on page 549.) *MISCELLANEOUS RESOLUTION #12194 BY: Planning and Building Committee, David Potts, Chairperson IN RE: FACILITIES MANAGEMENT/PARKS AND RECREATION COMMISSION – MICHIGAN DEPARTMENT OF NATURAL RESOURCES LANDOWNER INCENTIVE PROGRAM GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Parks and Recreation Commission has identified and established priorities for the stewardship and maintenance of park natural resources within the adopted Recreation Master Plan; and WHEREAS the Oakland County Parks and Recreation Commission recommends the acceptance of the following grant award from the Department of Natural Resources and Environment for a $3,500 grant: INVASIVE SPECIES CONTROL AT ROSE OAKS COUNTY PARK NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes and accepts the Michigan Department of Natural Resources Landowner Incentive Program grant award. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs its Chairperson or designee to execute said grant agreement on behalf of the County of Oakland. BE IT FURTHER RESOLVED that the future level of service, including personnel, will be contingent upon the level of funding available for this program. Commissioners Minutes Continued. August 1, 2012 533 Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Grant Review Sign Off – Parks & Recreation Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #12194) BY: Finance Committee, Tom Middleton, Chairperson IN RE: FACILITIES MANAGEMENT/PARKS AND RECREATION COMMISSION – MICHIGAN DEPARTMENT OF NATURAL RESOURCES LANDOWNER INCENTIVE PROGRAM GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced Miscellaneous Resolution and finds: 1. The Oakland County Parks and Recreation Commission has identified and established properties for the stewardship and maintenance of park natural resources within the adopted Recreation Master Plan. 2. The need for control of invasive species, such as the Mississauga rattlesnake, turkeys, and the Poweshiek Skipperling at the Rose Oaks County Park has been identified. 3. The Oakland County Parks and Recreation Commission recommends acceptance of the Invasive Species Control at Rose Oaks County Park grant from the Michigan Department of Natural Resources and Environment in the amount of $3,500. 4. The grant funding period extends from May 11, 2012 through December 31, 2012. 5. The FY 2012 budget be amended as follows: Parks and Recreation Fund (#50800) FY 2012 Revenue 5060760-160700-650104 Contributions Operating $3,500 Total Revenues $3,500 Expenditures 5060760-160700-731241 Miscellaneous $3,500 Total Expenditures $3,500 FINANCE COMMITTEE (The vote for this motion appears on page 549.) *MISCELLANEOUS RESOLUTION #12195 BY: Planning and Building Committee, David Potts, Chairperson IN RE: FACILITIES MANAGEMENT/PARKS AND RECREATION COMMISSION – MICHIGAN ECONOMIC DEVELOPMENT CORPORATION – URBAN FARMERS MARKET PROGRAM GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Parks and Recreation Commission has assumed management and operation of the Oakland County Market, and WHEREAS Oakland County Parks and Recreation has as its mission to provide quality recreation experiences that encourage healthy lifestyles, support economic prosperity, and promote the protection of natural resources, and WHEREAS Oakland County Parks and Recreation seeks to invest in the County Market to increase access to healthy, local foods, build awareness and advocacy for all markets through promotions and marketing, facilitate access to educational programming, provide access to business development resources for farmers, and maximize the benefits of existing resources through collaboration, and Commissioners Minutes Continued. August 1, 2012 534 WHEREAS the Oakland County Parks and Recreation Commission recommends the acceptance of the following grant award from the Michigan Economic Development Corporation for a $50,000 grant (40%) with a $75,000 (60%) match for a total project of $125,000: GROWING QUALITY OF LIFE – THE OAKLAND COUNTY MARKET NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes and accepts the Michigan Economic Development Corporation – Urban Farmers Market grant award in the amount of $125,000, which includes $50,000 in State funds and a required County match of $75,000. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs its Chairperson or designee to execute said grant agreement on behalf of the County of Oakland. BE IT FURTHER RESOLVED that future level of service, including personnel, will be contingent upon the level of State funding available for these programs. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Grant Review Sign Off – Parks & Recreation Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #12195) BY: Finance Committee, Tom Middleton, Chairperson IN RE: FACILITIES MANAGEMENT/PARKS AND RECREATION COMMISSION – MICHIGAN ECONOMIC DEVOLOPMENT CORPORATION – URBAN FARMERS MARKET PROGRAM GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced Miscellaneous Resolution and finds: 1. Oakland County Parks and Recreation Commission has assumed management and operation of the Oakland County Market. 2. The mission of the Parks and Recreation Commission is to provide quality recreational experiences which encourage healthy lifestyles, support economic prosperity, and promote the protection of natural resources. 3. The Parks and Recreation Commission seeks to invest in the County Market to increase access to healthy local foods, build awareness through promotions and marketing, and provide business development resources for farmers. 4. The Parks Commission recommends the acceptance of a grant from the Michigan Economic Development Corporation for a $50,000 grant (40%) with a $75,000 (60%) match for a total project of $125,000. 5. The grant funding period extends from June 29, 2012 through July 31, 2013. 6. Funds are available in the FY 2012 and FY 2013 Parks and Recreation budget to cover the grant match amount of $75,000. 7. The FY 2012 and FY 2013 budget be amended as follows: Parks and Recreation Fund #50800 FY 2012 FY 2013 Revenue 5060540-160500-650104 Contributions Operating $25,000 $25,000 Total Revenues $25,000 $25,000 Expenditures 5060540-160500-731241 Miscellaneous $25,000 $25,000 Total Expenditures $25,000 $25,000 FINANCE COMMITTEE (The vote for this motion appears on page 549.) Commissioners Minutes Continued. August 1, 2012 535 *MISCELLANEOUS RESOLUTION #12196 BY: Planning and Building Committee, David Potts, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS/ARTS, CULTURE & FILM – FY 2012 REGIONAL REGRANTING ADMINISTRATIVE SERVICES PROGRAM GRANT ACCEPTANCE – MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS WHEREAS the Michigan Council for Arts and Cultural Affairs has awarded Oakland County $6,200 for administrative services relating to its Regional Re-granting Services Program for Fiscal Year 2012; and WHEREAS the Regional Re-granting/Mini-grant Program provides funding for locally developed, high quality arts projects to address local arts needs and increase public access to the arts; and WHEREAS Local In-Kind Match in the amount of $6,200 is required for the grant award, as determined on a dollar-for-dollar basis; and WHEREAS acceptance of this grant award does not obligate the County to any future commitment. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the Fiscal Year 2012 Regional Re-granting Administrative Services Program Grant Agreement with the Michigan Council for Arts and Cultural Affairs in the amount of $6,200. BE IT FURTHER RESOLVED that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached. BE IT FURTHER RESOLVED that continuation of this program in future years is contingent upon the availability of grant funding. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Grant Review Sign Off – Arts, Culture & Film Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #12196) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS/ARTS, CULTURE & FILM – FY 2012 REGIONAL REGRANTING ADMINISTRATIVE SERVICES PROGRAM GRANT ACCEPTANCE – MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Michigan Council for Arts and Cultural Affairs has awarded Oakland County $6,200 for administrative services relating to its Regional Re-granting Services Program for Fiscal Year 2012. 2. The funding period is October 1, 2011 through September 30, 2012. 3. Local In-Kind Match in the amount of $6,200 consisting of salary costs is required on a dollar-for- dollar basis and is available in the FY 2012 Economic Development & Community Affairs/Arts, Culture & Film General Fund Budget. 4. No budget amendments are required for FY 2012. 5. The award has been included in the County Executive Recommended Budget for FY 2013 – FY 2015. FINANCE COMMITTEE (The vote for this motion appears on page 549.) *MISCELLANEOUS RESOLUTION #12197 BY: Planning and Building Committee, David Potts, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS/ARTS, CULTURE & FILM – FY 2012 REGIONAL REGRANTING SERVICES PROGRAM GRANT ACCEPTANCE – MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Commissioners Minutes Continued. August 1, 2012 536 WHEREAS the Michigan Council for Arts and Cultural Affairs has awarded Oakland County $19,200 for its Regional Re-granting Services Program for Fiscal Year 2012; and WHEREAS the Regional Re-granting/Mini-grant Program provides funding for locally developed, high quality arts projects to address local arts needs and increase public access to the arts; and WHEREAS no County Match is required for the grant award; and WHEREAS acceptance of this grant award does not obligate the County to any future commitment. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the Fiscal Year 2012 Regional Re-granting Services Program Grant Agreement with the Michigan Council for Arts and Cultural Affairs in the amount of $19,200. BE IT FURTHER RESOLVED that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement. BE IT FURTHER RESOLVED that continuation of this program in future years is contingent upon the availability of grant funding. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Grant Review Sign Off – Arts, Culture & Film Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #12197) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS/ARTS, CULTURE & FILM – FY 2012 REGIONAL REGRANTING SERVICES PROGRAM GRANT ACCEPTANCE – MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Michigan Council for Arts and Cultural Affairs has awarded Oakland County $19,200 for its Regional Re-granting Services Program for FY 2012. 2. The funding period is October 1, 2011 through September 30, 2012. 3. No County Match is required for the Regional Re-granting Services Program. 4. No budget amendments are required for FY 2012. 5. The award has been included in the County Executive Recommended Budget for FY 2013 – FY 2015. FINANCE COMMITTEE (The vote for this motion appears on page 549.) *MISCELLANEOUS RESOLUTION #12198 BY: Planning and Building Committee, David Potts, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS - COMMUNITY & HOME IMPROVEMENT DIVISION - GRANT ACCEPTANCE FOR SECOND EMERGENCY SHELTER GRANTS/EMERGENCY SOLUTIONS GRANTS PROGRAM (ESG) PY 2011 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners authorized submittal of the Oakland County PY 2011 Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD); and WHEREAS the PY 2011 Annual Action Plan contained a consolidated Federal grant application for activities designed to accomplish the goals and objectives for the Community Development Block Grant (CDBG) Program, HOME Investment Partnerships (HOME) Program and the Emergency Shelter/Emergency Solutions Grant (ESG) Program; and WHEREAS this is the thirty-eighth year of consolidated grant funding and acceptance for these programs; and Commissioners Minutes Continued. August 1, 2012 537 WHEREAS the first allocation of PY 2011 Emergency Shelter/Emergency Solutions Grant (ESG) Program funds was adopted by the Board of Commissioners on August 31, 2011 (Miscellaneous Resolution #11190); and WHEREAS HUD by letter received June 28, 2012, transmitted to the Community & Home Improvement Division a second PY 2011 ESG allocation of $96,017 for the period of May 1, 2012 through April 30, 2013; and WHEREAS total program revenue for the second PY 2011 allocation of ESG will $96,017; and WHEREAS the ESG grant is 100 percent federally funded and no County funds are required; and WHEREAS the ESG FY 2011 Detailed Budget Table appears in Attachment A; and WHEREAS the grant award of $96,017 will partially fund the personnel costs of one (1) GF/GP Environmental Program Coordinator position (#1090209-09809); and WHEREAS no new staff positions will be required to implement or administer this grant; and WHEREAS the second PY 2011 ESG grant agreement has been reviewed by County Executive Departments through the County grant review process (MR #01320); and WHEREAS acceptance of the grant does not obligate Oakland County to any future commitment. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the second PY 2011 allocation of ESG grant funding from the U.S. Department of Housing and Urban Development in the amount of $96,017. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves the Emergency Shelter/Emergency Solutions Grant subject to the clarifications provided by HUD in the letter from Jeannette Harris, Director, Community Planning and Development, Detroit Field Office, U.S. Department of Housing and Urban Development dated March 20, 2007 that Oakland County's obligations under the grant for discharge policies and participation in the HMIS System is to make these requirements for ESG funded entities. The letter from Ms. Harris is attached and incorporated into this Agreement; and BE IT FURTHER RESOLVED that the future level of service, including personnel, will be contingent upon the level of Federal funding available for these programs; and BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes both the Board of Commissioners’ Chairperson and the County Executive to execute the grant agreements and to approve amendments and extensions up to fifteen (15) percent variance from the award, consistent with the agreement as originally approved; and Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Grant Review Sign Off – Community & Home Improvement Division Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #12198) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS - COMMUNITY & HOME IMPROVEMENT DIVISION - GRANT ACCEPTANCE FOR SECOND EMERGENCY SHELTER GRANTS/EMERGENCY SOLUTIONS GRANTS PROGRAM (ESG) PY 2011 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The resolution accepts the PY 2011 Annual Action Plan to the U.S. Department of Housing and Urban Development for the Emergency Solutions Grant (ESG) in the amount of $96,017 for the fiscal period of May 1, 2012 through April 30, 2013. 2. The Emergency Solutions Grant provides financial and case management assistance to individuals and families who would otherwise become homeless and help those who are experiencing homelessness to be quickly re-housed and stabilized. 3. The grant award of $96,017 will partially fund the personnel costs of one (1) GF/GP Environmental Program Coordinator position (#1090209-09809). 4. No new staff positions will be required to implement or administer this grant. Commissioners Minutes Continued. August 1, 2012 538 5. The Emergency Solutions Grant requires a 100% match in-kind services or cash. An in-kind match obligation will be met by the agencies that deliver the ESG services. 6. FY 2012 Budget is amended as follows: Emergency Solutions Grant (#29705) FY 2012 Revenue 1090659-172136-610313 Federal Operating Grants $96,017 Total Grant Revenue $96,017 Expenditures 1090659-172136-702010 Salaries $ 6,881 1090659-172136-722740 Fringe Benefits 4,587 1090659-132221-730861 Homeless Mgmt. Info Sys 7,201 1090659-132221-731537 Rehousing 77,348 Total Grant Expenditure $96,017 FINANCE COMMITTEE (The vote for this motion appears on page 549.) *REPORT (MISC. #12199) BY: Human Resources Committee, John Scott, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS – COMMUNITY & HOME IMPROVEMENT DIVISION – 2012 ANNUAL ACTION PLAN AND CONSOLIDATED GRANT ACCEPTANCE FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) AND EMERGENCY SHELTER/EMERGENCY SOLUTIONS GRANT (ESG) PROGRAMS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee having reviewed the above referenced resolution on July 25, 2012 Reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing Report. HUMAN RESOURCES COMMITTEE MISCELLANEOUS RESOLUTION #12199 BY: Planning and Building Committee, David Potts, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS - COMMUNITY & HOME IMPROVEMENT DIVISION - 2012 ANNUAL ACTION PLAN AND CONSOLIDATED GRANT ACCEPTANCE FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) AND EMERGENCY SHELTER/EMERGENCY SOLUTIONS GRANT (ESG) PROGRAMS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners authorized submittal of the Oakland County 2012 Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD); and WHEREAS the 2012 Annual Action Plan contains a consolidated Federal grant application for activities designed to accomplish the goals and objectives for the Community Development Block Grant (CDBG) Program, HOME Investment Partnerships (HOME) Program and the Emergency Shelter/Emergency Solutions Grants (ESG) Program; and WHEREAS HUD by letter dated June 28, 2012 transmitted to the Community & Home Improvement Division a Program Year 2012 consolidated allocation of $6,350,320 including $4,950,191 for CDBG, $1,096,668 for HOME and $303,461 for ESG, for the period of May 1, 2012 through April 30, 2013; and WHEREAS this is the 38th year of grant funding and acceptance for these programs; and WHEREAS total program revenue for the 2012 CDBG Program will be $5,450,191including $4,950,191 grant allocation and $500,000 in estimated CDBG Revolving Loan Funds; and WHEREAS total program revenue for the 2012 HOME Program will be $1,593,419 including $1,096,668 HOME grant allocation, $246,751 grant match and $250,000 in estimated HOME Program Income; and Commissioners Minutes Continued. August 1, 2012 539 WHEREAS funding for the HOME program match is appropriated in the Oakland County 2012 Adopted Budget; and WHEREAS total program revenue for the 2012 ESG Program will be the grant allocation of $303,461; and WHEREAS the CDBG and ESG grants are 100 percent federally funded and no County funds are required; and WHEREAS fund schedules and program descriptions for the 2012 CDBG, HOME and ESG programs appear in attachment A; and WHEREAS the grant currently funds 22 Special Revenue (SR) positions in the Economic Development & Community Affairs/Community & Home Improvement Division (#1090611) including 17.25% of one (1) Com & Home Imp Specialist (#10998, GF/GP BOC 82.75% Sunset 9/30/13); and 40% of one (1) GF/GP Environmental Prog Coord position (#1090207-09809) in Planning & Economic Development Division for an Emergency Shelter/Emergency Solutions Grant (ESG) Coordinator; and 50% of one (1) GF/GP Accountant III position (#1020615-02558) in the Management & Budget/Fiscal Services Division for grant accounting services; and WHEREAS the grant funds will cover the following positions in the Community & Improvement Division listed below as follows: 1 Com & Home Imp Asst. - 05413 1 Grant Compliance & Program Coord - 01370 4 Com & Home Imp Coord - 01279/03231/03430/06098 1 Supv - Com & Home Impr Admin Serv - 01371 2 Com & Home Improvement Tech - 03230/01768 2 Supv - Com & Home Imp – 00999/03182 2 Com & Home Imp Specialist - 03567/10806 1 Hous Counselor Homeless Sv Supv - 03354 2 Com & Home Imp Field Tech - 01457/09578 1 Student - 05341 1 Senior Com & Home Imp Spec - 00730 1 Chief - Com & Home Imp - 01708 2 Sr Com & Home Imp Field Tech - 02426/09522 1 Manager - Com & Home Imp - 00993 WHEREAS the CDBG, HOME and ESG grant agreements have been reviewed by County Executive Departments through the County grant review process (MR #01320); and WHEREAS acceptance of these grants does not obligate Oakland County to any future commitment; and WHEREAS program budget amendments for 2012 CDBG Home Improvement Program Revolving Loan Fund and HOME Program Income actual amounts will be requested by resolution in 2013 after compilation of additional information and Fiscal Year closing; and WHEREAS the 2011 Annual Action Plan and Consolidated Grant Acceptance for CDBG, HOME and ESG (MR #07164) estimated Home Improvement Program Revolving Loan Fund revenue of $600,000 and Home Investment Partnership Act program income revenue of $250,000; and WHEREAS actual program year 2011 program income revenues from the Home Improvement Revolving Loan Fund totaled $508,426.04 and the HOME Program totaled $410,502.21. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts consolidated CDBG, HOME and ESG grant funding from the U.S. Department of Housing and Urban Development in the amount of $6,350,320, $500,000 in estimated Home Improvement Revolving Loan Funds, $250,000 in estimated HOME Program Income and HOME County match of $246,751 for a consolidated 2012 program year grant package totaling $7,347,071. BE IT FURTHER RESOLVED that the 2011 Annual Action Plan and Consolidated Grant Acceptance be amended to reflect actual revenues generated through the CDBG Home Improvement Revolving Loan Fund totaling $508,426.04 and Home Investment Partnership Act totaling $410,502.21 during the program year period of May 1, 2011 through April 30, 2012. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves the Emergency Shelter/Emergency Solutions Grant subject to the clarifications provided by HUD in the letter from Jeannette Harris, Director, Community Planning and Development, Detroit Field Office, U.S. Department of Housing and Urban Development dated March 20, 2007 that Oakland County's obligations under the grant for discharge policies and participation in the HMIS System is to make these requirements for ESG funded entities. The letter from Ms. Harris is attached and incorporated into this Agreement; and BE IT FURTHER RESOLVED that the future level of service, including personnel, will be contingent upon the level of Federal funding available for these programs; and BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes both the Board of Commissioners Chairperson and the County Executive to execute the grant agreements and to Commissioners Minutes Continued. August 1, 2012 540 approve amendments and extensions up to fifteen (15) percent variance from the award, consistent with the agreement as originally approved. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Grant Review Sign Off – Community & Home Improvement Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #12199) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS - COMMUNITY & HOME IMPROVEMENT DIVISION - 2012 ANNUAL ACTION PLAN AND CONSOLIDATED GRANT ACCEPTANCE FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) AND EMERGENCY SHELTER/EMERGENCY SOLUTIONS GRANT (ESG) PROGRAMS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Oakland County Community and Home Improvement Division has received program year 2012 funding from the U.S. Department Housing and Urban Development for the consolidated Community Development Block Grant (CDBG), HOME Investment Partnership Grant (HOME), and Emergency Shelter Grant (ESG) in the amount of $6,350,320. 2. The award includes $4,950,191 for the Community Development Block Grant, $1,096,668 for the HOME Investment Partnership Grant and $303,461 for the Emergency Shelter Grant. 3. The award also includes $500,000 in estimated Home Improvement Revolving Loan Funds, $250,000 in estimated HOME Program Income, and requires a HOME County match of $246,751 for a consolidated 2012 program grant total of $7,347,071. 4. The Federal grant award of $7,347,071 is $930,762 more than the 2011 program year award of $6,416,309. 5. Local County match of $246,751 (25%) is required for grant funding allocated to housing rehabilitation and/or new construction activities for the HOME Investment Partnership Grant, a decrease of $91,454 over the PY 2011 County Match of $ 338,205. The 25% match percentage requirement is the same as the match requirement in the 2011 HOME Investment Partnership Grant. 6. County Match of $246,751 is available in the Non-Departmental Grant Match line item of the FY 2012 General Fund Budget, (account #10100-9090101-196030-730800). No additional appropriation is required. 7. Indirect costs associated with this grant are not paid due to administrative and planning limits. 8. The grant currently funds 22 Special Revenue (SR) positions in the Economic Development & Community Affairs/Community & Home Improvement Division (#1090611) including 17.25% of one (1) Com & Home Imp Specialist (#10998, GF/GP BOC 82.75% Sunset 9/30/13); and 40% of one (1) GF/GP Environmental Prog Coord position (#1090207-09809) in Planning & Economic Development Division for an Emergency Shelter/Emergency Solutions Grant (ESG) Coordinator; and 50% of one (1) GF/GP Accountant III position (#1020615-02558) in the Management & Budget/Fiscal Services Division for grant accounting services. 9. The grant funds will cover the following positions in the Community & Improvement Division listed below as follows: 1 Com & Home Imp Asst. - 05413 1 Grant Compliance & Program Coord - 01370 4 Com & Home Imp Coord-01279/03231/03430/06098 1 Supv-Com & Home Imp Admin Serv - 01371 2 Com & Home Improvement Tech - 03230/01768 2 Supv-Com & Home Imp - 00999/03182 2 Com & Home Imp Specialist - 03567/10806 1 Hous Counselor Homeless Sv Supv - 03354 2 Com & Home Imp Field Tech - 01457/09578 1 Student - 05341 1 Senior Com & Home Imp Spec - 00730 1 Chief - Com & Home Imp - 01708 Commissioners Minutes Continued. August 1, 2012 541 2 Sr Com & Home Imp Field Tech - 02426/09522 1 Manager - Com & Home Imp – 00993 10. The resolution amends the 2012 Annual Action Plan and Consolidated Grant Acceptance to reflect actual funding generated through the CDBG Home Improvement Revolving Loan Fund, CDBG participating communities, and Home Investment Partnership Act during the program year period of May 1, 2012 through April 30, 2013. 11. The FY 2012 Budget is amended as follows: GENERAL FUND (#10100) FY 2012 Expenditures 9090101-196030-730800 Non-Dept. Grant Match ($246,751) 1090659-196030-788001-29711 Transfer Out 246,751 Total Expenditure -0- Home Investment Partnership Fund #29711 Revenues 1090659-132240-695500-10100 Transfer In from GF $205,625 1090659-132260-695500-10100 Transfer In from GF 41,126 Total Revenues $ 246,751 Expenditures 1090659-132240-730884 Housing Rehab Match $205,625 1090659-132260-730261 CHDO Match 41,126 Total Expenditures $ 246,751 FINANCE COMMITTEE (The vote for this motion appears on page 549.) *MISCELLANEOUS RESOLUTION #12200 BY: Planning and Building Committee, David Potts, Chairperson IN RE: ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS DEPARTMENT - COMMUNITY & HOME IMPROVEMENT DIVISION – GRANT ACCEPTANCE FOR PY 2010 ANNUAL ACTION PLAN SUBSTANTIAL AMENDMENT FOR NEIGHBORHOOD STABILIZATION PROGRAM 3-PONTIAC (NSP3-P) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS federal grant funding for the Neighborhood Stabilization Program 3 (NSP3) is authorized pursuant to Section 1497 – Wall Street Reform and Consumer Protection Act (Dodd – Frank Act) of 2010 (P.L. 111-203 approved July 21, 2010) for emergency assistance for the redevelopment of abandoned and foreclosed homes and residential properties and allocated through the U.S. Department of Housing and Urban Development (HUD); and WHEREAS NSP3 is a component of the Community Development Block Grant (CDBG) program authorized under the Housing and Community Development Act of 1974, 42 U.S.C. 5301 et seq (HCD act) administered by the U.S. Department of Housing and Urban Development; and WHEREAS The 2010 NSP3-P Substantial Amendment approved by HUD incorporates HUD prescribed targeting rules and data to identify the highest and best use of funds towards critical housing needs in the City of Pontiac’s highest risk areas due to foreclosure, abandonment and blight to achieve significant and durable impact; and WHEREAS the Oakland County Board of Commissioners authorized submittal of the Oakland County 2010 NSP 3-P Substantial Amendment to HUD; and WHEREAS HUD awarded 2010 NSP 3-P funds totaling $1,410,621 to Oakland County as a substantial amendment to the 2010 Community Development Block Grant (CDBG) Annual Action Plan; and WHEREAS the funding period is a three-year period from the date the NSP3 grant agreement is executed by HUD, 2012 – 2015. The projected start date for the Oakland County NSP3 Program is July 2012. WHEREAS the program revenue for the 2010 NSP 3 Program is the federal grant allocation of Commissioners Minutes Continued. August 1, 2012 542 $1,410,621 which includes funding for three eligible activities, including $352,657 for Financing Mechanisms (Homebuyer Program); $916,903 for Demolition; and $141,061 for Administration; and WHEREAS no County Match is required; and WHEREAS no new positions are required; and WHEREAS the grant award will partially fund the following existing special revenue positions: one (1) full time eligible (FTE) Supervisor - Community & Home Improvement – (position #3182) , one (1) FTE Sr Community & Home Improvement Field Tech – (position #9522), one (1) FTE Community & Home Improvement Tech – (position #1457) and one (1) FTE Community & Home Improvement Asst. – (position #5413); and WHEREAS an Executive Summary for the 2010 NSP 3-P program appears in Attachment A; and WHEREAS the NSP 3-P grant agreement has been reviewed by County Executive Departments through the County grant process (MR #01320); and WHEREAS acceptance of this grant does not obligate Oakland County to any future commitment. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts Neighborhood Stabilization Program 3-Pontiac (NSP 3-P) grant funding from the U.S. Department of Housing and Urban Development in the amount of $1,410,621. BE IT FURTHER RESOLVED that the 2010 Annual Action Plan and Consolidated Grant Acceptance be amended to reflect the 2010 NSP 3-P Substantial Amendment of $1,410,621. BE IT FURTHER RESOLVED that the future level of service, including personnel, will be contingent upon the level of Federal funding available for this program. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes both the Board of Commissioners’ Chairperson and the County Executive to execute the grant agreements and to approve amendments and extensions up to fifteen (15) percent variance from the award, consistent with the agreement as originally approved. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Grant Review Sign Off – Community & Home Improvement Division Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #12200) BY: Finance Committee, Tom Middleton, Chairperson IN RE: ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS DEPARTMENT - COMMUNITY & HOME IMPROVEMENT DIVISION – GRANT ACCEPTANCE FOR PY 2010 ANNUAL ACTION PLAN SUBSTANTIAL AMENDEMENT FOR NEIGHBORHOOD STABILIZATION PROGRAM 3-PONTIAC (NSP3-P) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The resolution accepts Neighborhood Stabilization Program 3-Pontiac (NSP3-P) Federal grant funding from the U.S. Department of Housing and Urban Development in the amount of $1,410,621 as a Substantial Amendment to the 2010 Community Development Block Grant (CDBG) Annual Action Plan. 2. The NSP3-P Grant provides a one-time emergency funding supplement to the 2010 CDBG Program as a targeted initiative to stabilize neighborhoods hardest hit by foreclosures. 3. The NSP3-P substantial amendment incorporates HUD prescribed targeting rules and data to identify the highest and best use of funds towards critical housing needs in the County’s highest risk areas due to foreclosure, abandonment and blight to achieve significant and durable impact. 4. Distribution and Eligible Uses of NSP3-P Funds include $352,657 for Financing Mechanisms (County Homebuyer Program), $916,903 for Demolition and $141,061 for Administration. 5. The funding period is a three-year period from the date the NSP3-P grant agreement is executed by HUD, 2012 – 2015. The projected start date for the Oakland County NSP3-P Program is July 2012. Commissioners Minutes Continued. August 1, 2012 543 6. Grantees must expend 50% of their grant amount in two years and 100% of their grant in three years. 7. The grant award of $1,410,621 will partially fund the personnel costs of one (1) Supervisor-Community & Home Improvement position (#03182), one (1) Sr. Community & Home Improvement Field Tech position (#09522), one (1) Community & Home Improvement Tech position (#01457) and one (1) Community & Home Improvement Asst. position (#05413). 8. No County match is required for the NSP3-P grant. 9. The FY 2012 Special Revenue Fund Budget for the Neighborhood Stabilization Program 3 Pontiac (NSP3-P) Grant Fund #29709 is amended as follows: Neighborhood Stabilization Program 3 Pontiac (NSP3-P) Grant #29709 FY 2012 Revenue 1090601-172131-610313 Comm & Home Imp Admin-Grants-Fed $1,410,621 Total Revenue $1,410,621 Expenditure 1090601-172131-730058 Comm & Home Imp Admin $ 141,061 1090611-172137-702010 Comm & Home Imp-Demo-Sal-Reg 22,560 1090611-172137-722740 Comm & Home Imp-Demo-FB 15,040 1090611-172137-730005 Comm & Home Imp-Demo 879,303 1090659-132232-702010 Comm & Home Imp Homebuyer-Sal-Reg 54,644 1090659-132232-722740 Comm & Home Imp Homebuyer-FB 36,430 1090659-132232-730860 Comm & Home Imp- Homebuyer Asst 261,583 Total Expenditure $1,410,621 FINANCE COMMITTEE (The vote for this motion appears on page 549.) *REPORT (MISC. #12184) BY: Human Resources Committee, John Scott, Chairperson IN RE: SHERIFF’S OFFICE – CONTACT FOR PTNE MOUNTED DEPUTIES FOR THE CHARTER TOWNSHIP OF WHITE LAKE FOR LAW ENFORCEMENT SERVICES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee having reviewed MR #12184 on July 25, 2012 Reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing Report. HUMAN RESOURCES COMMITTEE MISCELLANEOUS RESOLUTION #12184 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: SHERIFF'S OFFICE - CONTRACT FOR PTNE MOUNTED DEPUTIES FOR THE CHARTER TOWNSHIP OF WHITE LAKE FOR LAW ENFORCEMENT SERVICES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is the policy of the Oakland County Board of Commissioners to permit the Sheriff's Office to enter into contractual agreements for the purpose of Law Enforcement Patrol Services; and WHEREAS the Charter Township of White Lake has requested a contract between the County and White Lake for Part Time Non Eligible (PTNE) Mounted Deputies for Law Enforcement Patrol Services for the School sponsored fair/carnival; and WHEREAS the Sheriff's Office, in conjunction with the Charter Township of White Lake, is proposing to contract for services per the attached agreement for Part Time Non-Eligible Mounted Deputies; and WHEREAS the rates are included in the contract and the Department of Management and Budget is in agreement; and Commissioners Minutes Continued. August 1, 2012 544 WHEREAS this contract has been through the County Executive review process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board and the Oakland County Sheriff to enter into the attached agreement with the Charter Township of White Lake for the purpose of contracting for PTNE Mounted Deputies at the rates included in the attached contract. BE IT FURTHER RESOLVED that two (2) 200 hour GF/GP PTNE Mounted Deputy positions hours be added contingent upon acceptance of this agreement. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE FISCAL NOTE (MISC. #12184) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF'S OFFICE – CONTRACT FOR PTNE MOUNTED DEPUTIES FOR THE CHARTER TOWNSHIP OF WHITE LAKE FOR LAW ENFORCEMENT SERVICES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Resolution authorizes a contract agreement between the Oakland County Sheriff’s Office and the Charter Township of White Lake for Mounted Deputy Law Enforcement Patrol Services for the School sponsored fair/carnival during the period of May 1, 2012 through December 31, 2012. 2. Terms of this contract and the Sheriff Deputy overtime rates for Mounted Deputy Patrol contracts are consistent with rates established by this Board for calendar year 2012. 3. Further, the Sheriff has requested the creation of two (2) GF/GP PTNE 200 hrs/yr Mounted Deputy positions in the Parks Unit, Patrol Services Division, of the Sheriff’s Office to provide these services. 4. The proposed agreement will result in $6,827 in revenue and expenditures for Fiscal Year 2012, which is included in the FY 2012 Budget. 5. The Mounted Deputy positions are expected to be continued, as well as the law enforcement services contract, and sufficient funding is included in the County Executive Recommended Budget for FY 2013, FY 2014, and FY 2015. 6. No budget amendment for Fiscal Years 2012 - 2015 is required. FINANCE COMMITTEE Copy of Contract for Auxiliary Sheriff’s Deputy Services for the Township of White Lake Incorporated by Reference. Original on file in County Clerk’s office. (The vote for this motion appears on page 549.) *REPORT (MISC #12185) BY: Human Resources Committee, John Scott, Chairperson IN RE: SHERIFF’S OFFICE – REORGANIZATION OF THE FORENSIC LABORATORY AND RELATED POSITION CHANGES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee having reviewed MR #12185 on July 25, 2012 Reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing Report. HUMAN RESOURCES COMMITTEE MISCELLANEOUS RESOLUTION #12185 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: SHERIFF'S OFFICE – REORGANIZATION OF THE FORENSIC LABORATORY AND RELATED POSITION CHANGES To the Oakland County Board of Commissioners Commissioners Minutes Continued. August 1, 2012 545 Chairperson, Ladies and Gentlemen: WHEREAS the Sheriff is requesting a reorganization of positions in the Forensic Laboratory to prepare for the future of the laboratory and the changes that are occurring with technology and Laboratory Certification; and WHEREAS the establishment of the DNA Laboratory will provide a service that will expedite the analysis of forensic evidence to assist in the prosecution of criminal cases; and WHEREAS this reorganization is requested to meet the increased demands on the Results Program caused by the current and projected boost in the number of medical and synthetic marijuana cases; and WHEREAS this reorganization is also requested to address the additional work load requirements resulting from the demands of Confirmation Testing of positive urine test, and the projected increased quality assurance assignments resulting from the establishment of the new DNA Laboratory; and WHEREAS the proposed reorganization would create the following new classifications: Forensic Biologist Leader (Grade 16), and Forensic Biologist (grade 14), to perform the functions relating to DNA analysis; and WHEREAS it is requested to create one (1) full-time eligible GF/GP Forensic Biologist Leader position and one (1) full-time eligible GF/GP Forensic Biologist position in the Investigative & Forensic Services Division, Forensic Services Unit (#4030910); and WHEREAS it is requested to create one (1) full-time eligible GF/GP Forensic Toxicologist Chemist position (Grade 12) to assist in handling the backlog of cases and increase in caseload, and two (2) part-time non-eligible 1,000 hours per year GF/GP Office Assistant II positions instead of utilizing a full-time employee for office support in the Investigative & Forensic Services Division, Forensic Services Unit (4030910); and WHEREAS it is requested to create two (2) full-time eligible GF/GP Office Assistant I positions in the Corrective Services Satellite Division, East Annex Unit (#4030430) to provide support for the two results program collection sites; and WHEREAS to offset the cost of this reorganization it is proposed to delete the following positions: One (1) full-time eligible GF/GP Deputy II Road Patrol position (#4030615-01255), one (1) full-time eligible GF/GP Forensic Lab Specialist II position (#4030910-06406), one (1) full-time eligible GF/GP Forensic Artist position (#4030910-06410), one (1) full-time eligible GF/GP Office Assistant II position (#4030910-05759), one (1) full-time non-eligible Office Assistant I position (#4030430-10817), and one (1) part-time non-eligible Office Assistant I position (#4030430-10819); and WHEREAS effective with the FY 2013 budget, the proposed reorganization upwardly reclassifies one (1) GF/GP Chemist Assistant (Grade 9) position to Forensic Toxicologist Chemist (Grade 12) classification; and WHEREAS this reorganization will result in operational efficiencies and the Sheriff is committed to not increasing the general fund costs in this matter. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the reorganization of the Forensic Laboratory in the Investigative and Forensic Services Division of the Sheriff’s Office which includes the following actions: 1. Create the following new classifications: Classification Grade FLSA Forensic Biologist Leader 16 Exempt Forensic Biologist 14 Non-Exempt 2. Create one (1) full-time eligible GF/GP Forensic Biologist Leader position and one (1) full-time eligible GF/GP Forensic Biologist position in the Investigative & Forensic Services Division, Forensic Services Unit (#4030910). 3. Create One (1) full-time eligible GF/GP Forensic Toxicologist Chemist position (Grade 12), and two (2) part-time non-eligible 1,000 hour per year GF/GP Office Assistant II positions in the Investigative & Forensic Services Division, Forensic Services Unit (#4030910). 4. Create Two (2) full-time eligible GF/GP Office Assistant I positions in the Corrective Services Satellite Division, East Annex Unit (#4030430). 5. Delete the following GF/GP positions in the Sheriff’s Office: Classification Position No. Deputy II - FTE (4030615-01255) Forensic Lab Specialist II - FTE (4030910-06406) Forensic Artist - FTE (4030910-06410) Commissioners Minutes Continued. August 1, 2012 546 Office Assistant II - FTE (4030910-05759) Office Assistant I - FTNE (4030430-10817) Office Assistant I - PTNE (4030430-10819) 6. To upwardly reclassify the following position: Position Number From Grade To Grade 4030910-10807 Chemist 9 Forensic 12 Assistant Toxicologist Chemist BE IT FURTHER RESOLVED that continuation of the Forensic Biologist and the Forensic Biologist Leader positions are contingent upon securing grant funding, generate additional General Fund revenue through contracted lab work or other budget adjustments. BE IT FURTHER RESOLVED that continuation of the Forensic Toxicologist Chemist and Office Assistant I positions for the results program are contingent upon maintaining General Fund revenue through contracted lab work or other budget adjustments. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE FISCAL NOTE (MISC. #12185) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF’S OFFICE – REORGANIZATION OF THE FORENSIC LABORATORY AND RELATED POSITION CHANGES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Sheriff’s Office proposes to reorganize current and anticipated technical staff positions in the lab. 2. This reorganization is requested to meet the increased demands on the Results Program caused by the current and projected boost in the number of medical and synthetic marijuana cases and will generate an increase in Lab Fee revenue of $43,999. 3. This reorganization will result in operational efficiencies and the Sheriff is committed to not increasing the General Fund costs in this matter. 4. The Sheriff will draw funds in the amount of $271,280 from Deferred Revenue GL – Lab Fees Enhancement Funds (account #222410) to pay for one-time capital equipment in the amount of $236,280 and $35,000 to pay for professional services consultants related to the laboratory renovations. 5. The Sheriff also anticipates applying for and receiving Paul Coverdale FY 2013 Federal Operating grant funding estimated to be in excess of $71,412 per year to support two new Biologist positions/classifications included with this reorganization. 6. In the event grant funding is not received, the Sheriff’s Office will continue the funding of these positions from their GL forfeiture account and/or increased GF Lab Fee revenues, or other budget adjustments. 7. The reorganization of the Forensic Laboratory in the Investigative and Forensic Services Division of the Sheriff’s Office is effective October 1, 2012 (FY 2013) and includes the following personnel actions: A. Create the following new classifications: Classification Grade FLSA Forensic Biologist Leader 16 Exempt Forensic Biologist 14 Non-Exempt B. Create one (1) full-time eligible GF/GP Forensic Biologist Leader position and one (1) full- time eligible GF/GP Forensic Biologist position in the Investigative & Forensic Services Division, Forensic Services Unit (#4030910). C. Create One (1) full-time eligible GF/GP Forensic Toxicologist Chemist position (Grade 12), and two (2) part-time non-eligible 1,000 hour per year GF/GP Office Assistant II positions in the Investigative & Forensic Services Division, Forensic Services Unit (#4030910). Commissioners Minutes Continued. August 1, 2012 547 D. Create Two (2) full-time eligible GF/GP Office Assistant I positions in the Corrective Services Satellite Division, East Annex Unit (#4030430): E. Delete the following GF/GP positions in the Sheriff’s Office: Classification Position No. Deputy II - FTE (4030615-01255) Forensic Lab Specialist II - FTE (4030910-06406) Forensic Artist - FTE (4030910-06410) Office Assistant II - FTE (4030910-05759) Office Assistant II - FTNE (4030430-10817) Office Assistant II - PTNE (4030430-10819) F. To upwardly reclassify the following position: Position Number From Grade To Grade 4030910-10807 Chemist 9 Forensic 12 Assistant Toxicologist Chemist The budgets for FY 2013, FY 2014, and FY 2015 are amended as follows: GENERAL FUND #10100 FY 2013 FY 2014 & 2015 Revenue 4030901-116240-670285 Enhancement Funds $271,280 $ 0 4030901-116240-630686 Lab Fees 43,999 43,999 4030901-116240-610313 Federal Operating Grants 71,412 71,412 Total Revenue $386,691 $115,411 Expenditures 4030401-116245-702010 Salaries $ 12,152 $ 12,152 4030401-116245-722790 Social Security 3,511 3,511 4030401-116245-722820 Unemployment Ins. 45 45 4030401-116245-722750 Workers Comp 575 575 4030401-116245-722770 Retirement 19,241 19,241 4030401-116245-722760 Group Life 167 167 4030401-116245-722810 Disability 758 758 4030401-116245-722780 Hospitalization 27,946 27,946 4030401-116245-722800 Dental 1,524 1,524 4030401-116245-722850 Optical 220 220 4030601-110030-702010 Salaries (49,780) (49,780) 4030601-110030-722790 Social Security (3,808) (3,808) 4030601-110030-722820 Unemployment Ins (184) (184) 4030601-110030-722750 Workers Comp (1,299) (1,299) 4030601-110030-722770 Retirement (18,817) (18,817) 4030601-110030-722760 Group Life (154) (154) 4030601-110030-722810 Disability (722) (722) 4030601-110030-722780 Hospitalization (13,973) (13,973) 4030601-110030-722800 Dental (762) (762) 4030601-110030-722850 Optical (110) (110) 4030901-116240-702010 Salaries 75,498 75,498 4030901-116240-722790 Social Security 5,776 5,776 4030901-116240-722820 Unemployment Ins 279 279 4030901-116240-722750 Workers Comp 699 699 4030901-116240-722770 Retirement 25,329 25,329 4030901-116240-722760 Group Life 234 234 4030901-116240-722810 Disability 1,006 1,006 4030901-116240-722780 Hospitalization 13,973 13,973 4030901-116240-722800 Dental 727 727 4030901-116240-722850 Optical 111 111 4030901-110050-702010 Salaries (1,133) (1,133) 4030901-110050-722790 Social Security (1,844) (1,844) Commissioners Minutes Continued. August 1, 2012 548 4030901-110050-722820 Unemployment Ins (4) (4) 4030901-110050-722750 Workers Comp 287 287 4030901-110050-722770 Retirement (10,693) (10,693) 4030901-110050-722760 Group Life (91) (91) 4030901-110050-722810 Disability (427) (427) 4030901-110050-722780 Hospitalization (13,974) (13,974) 4030901-110050-722800 Dental (762) (762) 4030901-110050-722850 Optical (109) (109) 4030901-116240-731213 Membership Dues 9,200 9,200 4030901-116240-731458 Professional Svcs 35,000 0 4030901-116240-730646 Equipment Maint 1,733 1,733 4030901-116240-750170 Other Expendable Equipment 5,880 5,880 4030901-116240-750280 Laboratory Supplies 21,792 21,792 4030901-116240-760157 Capital Equipment 236,280 0 4030901-116240-778675 Telephone Communications 786 786 4030901-116240-774636 Info Tech Operations 4,608 4,608 Total Expenses $386,691 $ 115,411 FINANCE COMMITTEE (The vote for the motion appears on page 549.) *MISCELLANEOUS RESOLUTION #12201 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: DEPARTMENT OF PUBLIC SERVICES/COMMUNITY CORRECTIONS – MICHIGAN DEPARTMENT OF CORRECTIONS, OFFICE OF COMMUNITY CORRECTIONS, COMMUNITY CORRECTIONS COMPREHENSIVE PLAN AND APPLICATION FOR FY 2013 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan offers funding to local communities under PA 511; and WHEREAS this funding is targeted to divert non-violent offenders from prison into local jail or sentencing alternatives; and WHEREAS Oakland County has been receiving Community Corrections funds since 1994; and WHEREAS the application has been completed and is requesting funding in the amount of $1,796,803 for plans and services for the grant period October 1, 2012 through September 30, 2013; and WHEREAS a total appropriation of $1,987,425 is requested for probation residential services, which the State now pays directly to the Probation Residential Centers since they hold the contract for all residential services; and WHEREAS the grant application seeks full-time eligible funding for positions #7425, #7426, #7428, #7429, #7432, #7433, #9243, #9247, #9291, #9295, #9648, #9649 and PTNE funding for positions #9292 and #9397 within the Community Corrections Division; and WHEREAS the grant application also seeks funding for positions #7834 and #9396, whereby the State will fund 50% of the costs, and the County will match 50% of the total costs for these two (2) positions in the Community Corrections Division; and WHEREAS the grant application seeks full-time funding for positions #7419, #7420, #7418, #7421, and PTNE funding for position #7417 within the Sheriff’s – Correction Services Division; and WHEREAS any programs created through these funds become part of the County’s Comprehensive Community Corrections Plan; and WHEREAS PA 511 of 1988 requires that the “County Board or Boards of Commissioners of the County shall approve the proposed comprehensive plan prepared by their advisory board.” NOW THEREFORE BE IT RESOLVED that the application to request $1,796,803 from the State Office of Community Corrections for the purpose of continuing programs contained within the Office of Community Corrections FY 2013 grant application for offenders who meet PA 511 eligibility is hereby approved. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves the $1,987,425 allocation for probation residential services to be administered by the Michigan Department of Corrections/Office of Community Corrections. Commissioners Minutes Continued. August 1, 2012 549 BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves the proposed comprehensive plan prepared by the Community Corrections Advisory Board. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Grant Review Sign Off – Community Corrections Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #12201) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF PUBLIC SERVICES/COMMUNITY CORRECTIONS – MICHIGAN DEPARTMENT OF CORRECTIONS, OFFICE OF COMMUNITY CORRECTIONS, COMMUNITY CORRECTIONS COMPREHENSIVE PLAN AND APPLICATION FOR FY 2013 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Oakland County Community Corrections Division has applied to the Michigan Department of Corrections (MDOC) funding in the amount of $1,796,803 for the period of October 1, 2012, through September 30, 2013. 2. The FY 2013 application is $1,500 more than FY 2012 award. 3. Michigan Department of Corrections holds the contracts for all residential services, meaning the State is responsible for the payment and billing of the Probation Residential Centers in the amount of $1,987,425. The County is responsible for requesting the allocation and tracking the costs. The $1,987,425 will be paid by the State directly to residential centers. The remaining amount of $1,796,803 is the County’s responsibility as detailed on Schedule A. 4. This is the eighteenth (18th) year of the grant application with the Michigan Department of Corrections, Office of Community Corrections. 5. The grant provides funding for positions in the Community Corrections Division and the Sheriff’s Office. 6. The grant will continue to fund the following Community Corrections Division positions: ten (10) Community Corrections Specialist IIs (positions #07425, #07426, #07429, #07432, #07433, #09243, #09247, #09291, #09648, #09649; one (1) PTNE Community Corrections Specialist II (position #09292), one (1) Office Assistant II (position #09295), one-half (.50) Community Corrections Support Specialist (position 07834), one (1) Community Corrections Specialist III (position #07428, one (1) PTNE Community Correction Specialist I (position #09397) and one half (.50) Supervisor-Community Corrections (position #09396). 7. The grant will continue to fund the following Sheriff’s Office positions, which are three (3) Inmate Caseworkers (position #07418, #07419 and #07420), one (1) Office Assistant I, PTNE (position #07417) and one (1) FTE Inmate Substance Abuse Tech (position #07421). 8. No County match is required with this grant; however, it should be noted that the FY 2013 Budget of this grant includes two (2) positions (#1070403-07834 and #1070410-09396) partially General Fund/General Purpose funded in Community Corrections. 9. The application in the amount of $1,796,803 is included in the FY 2013 Special Revenue Budget. Therefore, no budget amendment is recommended. FINANCE COMMITTEE Vote on amended Consent Agenda: AYES: Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, River, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic. (24) NAYS: None. (0) Commissioners Minutes Continued. August 1, 2012 550 A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). Commissioner Middleton stated that there were no items to report on the Regular Agenda for the Finance Committee. Commissioner Long stated that there were no items to report on the Regular Agenda for the General Government Committee. Commissioner Scott stated that there were no items to report on the Regular Agenda for the Human Resources Committee. MISCELLANEOUS RESOLUTION #12202 BY: Planning and Building Committee, David Potts, Chairperson IN RE: FACILITIES MANAGEMENT/PARKS AND RECREATION – GEORGE W. SUAREZ FRIENDSHIP WOODS/RED OAKS NATURE CENTER LEASE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Parks and Recreation Commission is interested in entering into a lease with the City of Madison Heights to maintain and operate the 38-acre George W. Suarez Friendship Woods, which will include the Red Oaks Nature Center; and WHEREAS the parcel is contiguous to the Red Oaks County Park in Madison Heights and will be known as part of the Red Oaks County Park complex; and WHEREAS the Oakland County Parks and Recreation Commission’s strategic master plan includes a goal to acquire and/or develop additional parks and recreation facilities that provide regional recreational opportunities; and WHEREAS the residents of Oakland County will be the benefactors of this lease; and WHEREAS the funding to maintain and operate this facility will be allocated in the Oakland County Parks and Recreation Commission Operating Budget; and WHEREAS the Red Oaks Nature Center property and building were funded through a Michigan Natural Resources Trust Fund Grant, and the proposed lease between the County of Oakland and the City of Madison Heights is consistent with the grant agreement; and WHEREAS said lease, which was developed by Oakland County Corporation Counsel, Oakland County Park staff, and City of Madison Heights officials, is for a period of 25 years; and WHEREAS said lease, which is between the County of Oakland and the City of Madison Heights, is for the amount of $1 annually; and WHEREAS the Oakland County Parks and Recreation Commission, at its July 11, 2012 meeting, recommended approval and acceptance of the terms and conditions of this lease. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the lease agreement between the County of Oakland and the City of Madison Heights for the maintenance and operation of the 38-acre George W. Suarez Friendship Woods, which will include the Red Oaks Nature Center. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes its Chairperson to execute the lease on behalf of the County of Oakland. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Lease Agreement Incorporated by Reference. Original on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #12203 BY: Planning and Building Committee David Potts Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS – COMMUNITY & HOME IMPROVEMENT DIVISION – HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) Commissioners Minutes Continued. August 1, 2012 551 INTERLOCAL AGREEMENT BETWEEN THE CITY OF PONTIAC AND COUNTY OF OAKLAND ESTABLISHING THE OAKLAND COUNTY HOME CONSORTIUM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the United States Congress enacted the Cranston-Gonzales National Affordable Housing Act of 1990 and federal regulations have been adopted pursuant thereto; and WHEREAS Title II of the Act created the HOME Investment Partnerships Program that provides funds to metropolitan cities, urban counties, states and consortia of local governments for acquisition, rehabilitation and new construction of affordable housing; and WHEREAS under the Act, an organization of geographically contiguous units of general local government may act as a single unit of general local government for purposes of receiving and administering HOME funds and carrying out the purposes of the Act as a consortium; and WHEREAS the Act requires a consortium to have one member unit of general local government authorized to act in a representative capacity (referred to as “Lead Entity”) to assume overall responsibility for the Act, including submitting a single consolidated plan that covers the entire geographic area encompassed by the consortium members; and WHEREAS the consortium’s qualification as a unit of general local government continues for a period of three successive federal Fiscal Years during which additional units of general local government may join the consortium, but no included unit of general local government may withdraw from the consortium; and WHEREAS the City of Pontiac as a metropolitan city has heretofore received annual HOME funding directly from the U.S. Department of Housing and Development (HUD), independent of the Oakland County Urban County HOME Program; and WHEREAS the City of Pontiac desires to benefit from future HOME funds through a consortium with Oakland County serving as lead entity in lieu of receiving HOME funds as a metropolitan city with sole grantee administrative responsibility; and WHEREAS Oakland County and the City of Pontiac desire to cooperate and establish the Oakland County HOME Consortium with Oakland County serving as lead entity for the three year HOME program period of May 1, 2013, through April 30, 2016, at which time the consortium agreement may be renewed as required by HUD; and WHEREAS by establishing the consortium, HUD will allocate Pontiac HOME funds and the Oakland Urban County HOME funds to the consortium through a local HOME Trust Fund maintained by the lead entity; and WHEREAS HOME funding amounts generated through the consortium on behalf of Pontiac as determined by HUD shall be dedicated to benefit Pontiac residents to the maximum extent feasible; and WHEREAS it is mutually understood that Oakland County as lead entity will implement a housing rehabilitation program (also referred to as the Oakland County Home Improvement Loan Program) and implement the Community Housing Development Organization (CHDO) affordable housing development program set aside on behalf of all consortium members; and WHEREAS HOME Program matching funds of 25% for housing activities are required for the consortium and shall be provided by Oakland County as lead entity; and WHEREAS the Interlocal Agreement Between the City of Pontiac and the County of Oakland Establishing the Oakland County HOME Consortium (Attachment) has been reviewed and approved by Corporation Counsel. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Interlocal Agreement Between the City of Pontiac and the County of Oakland Establishing the Oakland County HOME Consortium. BE IT FURTHER RESOLVED that the Interlocal Agreement is for the three-year HOME program period of May 1, 2013, through April 30, 2016, at which time the consortium agreement may be renewed BE IT FURTHER RESOLVED that Oakland County will assume overall responsibilities as the lead entity to ensure that the Consortium’s HOME Program is carried out in compliance with the requirements of the HOME Program in accordance with HUD regulations and that the County is responsible for the implementation of the Oakland County Home Improvement Loan Program and the CHDO affordable housing development program set aside on behalf of all consortium members. BE IT FURTHER RESOLVED that funding amounts generated through the consortium on behalf of Pontiac, as determined by HUD, shall be dedicated to benefit Pontiac residents to the maximum extent feasible. Commissioners Minutes Continued. August 1, 2012 552 BE IT FURTHER RESOLVED that HOME program matching funds not to exceed 25% for housing activities are required for the consortium and shall be provided by Oakland County as lead entity. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of an Interlocal Agreement Between the City of Pontiac and the County of Oakland Establishing the Oakland County Home Consortium Incorporated by Reference. Original on file in County Clerk’s office. Moved by Potts supported by Nash the resolution be adopted. AYES: Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, River, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic, Covey. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. MISCELLANEOUS RESOLUTION #12204 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: SHERIFF'S OFFICE - CONTRACT FOR LAW ENFORCEMENT SERVICES AT THE MICHIGAN RENAISSANCE FESTIVAL - 2012 SEASON To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Renaissance Festival, the operator of a summer theatre facility by the same name in Groveland Township, has requested the Oakland County Sheriff's Office to supply Deputies for Law Enforcement Services for the upcoming 2012 season; and WHEREAS the Sheriff's Office has agreed to supply such Deputies on an availability overtime hourly basis, the number of man-hours to be determined by the Sheriff's Office; and WHEREAS this contract has been reviewed by Corporation Counsel; and WHEREAS the County of Oakland shall be reimbursed for such services by the Michigan Renaissance Festival at the hourly overtime rates for the 2012 season, as was established by Miscellaneous Resolution #11242. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the execution of the attached contract consistent with provisions contained therein. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes its Chairperson to execute and enter into this agreement on behalf of the County. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Contract for Police Protection Michigan Renaissance Festival 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 #12205 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: PROSECUTING ATTORNEY- REVISION OF THE FISCAL YEAR 2012 BUDGET To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Prosecuting Attorney was assigned a Fiscal Year 2012 budget task; and WHEREAS the Prosecuting Attorney’s budget task included the deletion of certain positions, expenditure reductions, and revenue increases; and WHEREAS the Prosecuting Attorney’s Office has revised its Fiscal Year 2012 budget task plan due to a reduction of revenue activity; and Commissioners Minutes Continued. August 1, 2012 553 WHEREAS the revision includes the deletion of one (1) GF/GP FTE Office Assistant II position in the Administration division (#4010101-02302); and WHEREAS the revision also includes the creation of one (1) GF/GP full-time non-eligible (FTNE) 2,000 hours/year Office Assistant I position in the Administration division (#4010101). NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the deletion of one (1) GF/GP full-time eligible Office Assistant II position in the Administration division (#4010101-02302), and the creation of one (1) GF/GP full-time non-eligible (FTNE) 2,000 hours/year Office Assistant I position in the Administration division (#4010101) effective the beginning of Fiscal Year 2012, September 24, 2011. 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 Human Resources Committee and the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #12206 BY: Commissioners Kathy Crawford, District #9; Christine Long, District #7; Tom Middleton, District #4 IN RE: BOARD OF COMMISSIONERS – RESOLUTION HONORING THE NEW “GREAT LAKES STATE FAIR” To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the first official Michigan State Fair was held in 1849 and is recognized as the oldest state fair in the United States; and WHEREAS the first fair was held in Detroit, Michigan. Subsequent fairs were held in other cities until Joseph L. Hudson and his associates worked together to provide the state fair with its permanent home in 1905 at the Michigan State Fairgrounds in Detroit; and WHEREAS the Michigan State Fair ran continuously until 2009 – holding the distinction of being the longest running state fair in the country; and WHEREAS after its three-year hiatus, this great family tradition will continue because of a tremendous amount of support and outreach from the agricultural and business communities; and WHEREAS the formation of the Great Lakes Agricultural Fair, a 501c(3) organization was created to provide a resurgence and rising of an agricultural event that had historically provided a rich and meaningful venue for the State of Michigan; and WHEREAS in 2012, the State Fair will be returning to Michigan as the Great Lakes State Fair because of a collaborative partnership between the Great Lakes Agricultural Fair Board, Blair Bowman and the Suburban Collection Showplace, and the Detroit Shriners, with tremendous support and outreach from the agriculture and business communities across the state; and WHEREAS the Great Lakes State Fair will provide an exceptional opportunity for Michigan residents and visitors from around the world to experience the root-strength and tradition of our previous state fairs in a venue that will showcase so many of Michigan’s wonderful assets; and WHEREAS the Great Lakes State Fair will be a family-focused event with all the typical excitement of previous State Fairs including animals, agriculture, Michigan-made products, food and beverages, entertainment, and midway with carnival rides, and the Shrine Circus under The Big Top; and WHEREAS Michigan’s citizens are invited to share in the inauguration of the Great Lakes State Fair -- a new Michigan Tradition which will be held at the Suburban Collection Showplace in Novi during the Labor Day Weekend from Friday, August 31 through Monday, September 3, 2012. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, hereby commends and welcomes the Great Lakes State Fair to Oakland County and the City of Novi; encouraging everyone – whether, young or old, near or far – to come and experience the return of this great Michigan tradition. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby applauds the efforts of the leaders, partners and sponsors of the Great Lakes Agricultural Fair and their commitment to excellence in providing opportunities for development and promotion of agriculture, education, industry and family entertainment while preserving our Michigan heritage. BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward copies of this adopted resolution to the Great Lakes Agricultural Fair Board, Blair Bowman and the Commissioners Minutes Continued. August 1, 2012 554 Suburban Collection Showplace, the Detroit Shriners, Governor Rick Snyder, the Michigan Association of Counties, the Clerks for the cities, villages and townships within Oakland County, the Oakland County representation in the Michigan Legislature and the Detroit Metro Convention and Visitors Bureau. Chairperson, we move the adoption of the foregoing resolution. KATHY CRAWFORD, CHRISTINE LONG, TOM MIDDLETON, HELAINE ZACK, DAVE WOODWARD, JOHN SCOTT, ANGELA RIVER, MICHAEL GINGELL, BOB GOSSELIN, SHELLEY TAUB, MIKE BOSNIC, JIM RUNESTAD, BILL DWYER, CRAIG COVEY, PHILIP WEIPERT, MATTIE HATCHETT, BETH NUCCIO, GARY MCGILLIVRAY, BOB HOFFMAN, JEFF MATIS The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #12207 BY: Commissioner Kathy Crawford, District #9 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION – TOWNSHIP OF NOVI – RESURFACING VARIOUS LOCAL ROADS - PROJECT NO. 51452 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 Township of Novi, along with the RCOC has identified a project and said project is ready to be undertaken immediately; and WHEREAS the RCOC has appropriated its one-third (1/3) share of the funding for the project in the Township of Novi and said appropriation has been transferred to a project account; and WHEREAS the Township of Novi has demonstrated that it has authorized its one-third (1/3) share of the funding for the project and has executed a contract for payment with the RCOC; and WHEREAS Oakland County’s one-third (1/3) share of the Fiscal Year 2012 authorized amount of Tri- Party Road Improvement funding for the Township of Novi is $498. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Township of Novi and authorizes the release of Tri-Party Road Improvement Program funds from the Oakland County Designated Fund Balance. Commissioners Minutes Continued. August 1, 2012 555 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 Township of Novi. Chairperson, I move the adoption of the foregoing Resolution. KATHY CRAWFORD Copy of Correspondence from Patricia Z. Wierzbicki Deputy-Secretary/Clerk of the Board for the Road Commission for Oakland County, Copy of Correspondence from Thomas G. Noechel Programming Supervisor for the Road Commission for Oakland County 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 #12208 BY: Commissioner Jim Runestad, District #6 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR THE PRESERVATION OF LIBERTY AND HB5768 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Congress of the United States passed the National Defense Authorization Act, 2011 P.L. 112-81, (“2012 NDAA”) for Fiscal Year 2012 on December 15, 2011; and WHEREAS the President of the United States of America signed the 2012 NDAA into law on December 31, 2011; and WHEREAS Section 1021 of the 2012 NDAA purports to authorize, but does require, the President of the United States to utilize the armed forces of the United States to detain persons the President suspects were part of, or substantially supported, Al-Qaeda, the Taliban, or associated forces; and WHEREAS Section 1021 of the 2012 NDAA purports to authorize, but does not require, the President of the United States, through the Armed Forces of the United States, to dispose of such detained persons according to the Law of War, which may include but is not limited to: (1) indefinite detention without charge or trial until the end of hostilities authorized by the 2001 Authorization for Use of Military Force Against Terrorists, 2001 P.L. 107-40, (2) prosecution through a Military Commission, or (3) transfer to a foreign country or foreign entity; and WHEREAS Section 1021 of the 2012 NDAA seeks to preserve existing law and authorities pertaining to the detention of United States citizens, lawful resident aliens of the United States, and any other person captured in the United States, but does not specify what such existing law or authorities are; and WHEREAS Section 1021 of the 2012 NDAA purports to enlarge the scope of the those persons the Office of the President may indefinitely detain beyond those responsible for the September 11, 2001 terrorist attacks, and those who harbored them, as purportedly authorized by the 2001 Authorization for Use of Military Force Against Terrorists, to now include “[a] person who was a part of or substantially supported Al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces;” and WHEREAS Section 1022 of the 2012 NDAA requires the Armed Forces of the United States to detain, pending disposition according to the Law of War, any person involved in, or who has provided substantial support to, terrorism or belligerent acts against the United States, and who is a member of Al-Qaeda or an associated force; and WHEREAS The exemption for citizens of the United States in Section 1022 of the 2012 NDAA only exempts them from a requirement to detain and reads as follows, “The requirement to detain a person in military custody under this section does not extend to citizens of the United States”; and WHEREAS Unlike Section 1022 of the 2012 NDAA, Section 1021 makes no specific exclusion for United States citizens and lawful resident aliens for conduct occurring within the United States; and WHEREAS the specific exclusion of application to United States citizens and lawful resident aliens contained in Section 1022 of the 2012 NDAA, and the absence of such exclusion in Section 1021 of the NDAA, strongly implies that the provisions of Section 1021 are intended to apply to all people, including United States citizens and lawful resident aliens, whether or not they are captured in the United States; and Commissioners Minutes Continued. August 1, 2012 556 WHEREAS the Office of the President of the United States, under both the administrations of George W. Bush and Barak H. Obama, has asserted the 2001 Authorization for the Use of Military Force Against Terrorists allows the Office of the President to indefinitely detain without charge persons, including United States Citizens and lawful resident aliens, captured in the United States; and WHEREAS United States Senator Carl Levin declared in colloquy on the floor of the United States Senate that the original 2012 NDAA provided that section 1021 (then section 1031 prior to final drafting) specifically would not apply to United States citizens, but that the Office of the President of the United States had requested that such restriction be removed from the 2012 NDAA; and WHEREAS during debate within the Senate and before the passage of the 2012 NDAA, United States Senator Mark Udall introduced an amendment intended to forbid the indefinite detention of U.S. citizens, which was rejected by a vote of 38–60; and WHEREAS United States Senator John McCain and United States Senator Lindsey Graham declared in colloquies on the floor of the United States Senate that Section 1021 of the 2012 NDAA authorized the indefinite detention of United States Citizens captured within the United States by the Armed Forces of the United States; and WHEREAS United States Senator Lindsey Graham declared in colloquy on the floor of the United States Senate that the United States homeland is now part of “the battlefield”; and WHEREAS policing the United States of America by the Armed Forces of the United States, as purportedly authorized by the 2012 NDAA, overturns the Posse Comitatus doctrine and is repugnant to a free society; and WHEREAS Sections 1021 and 1022 of the 2012 NDAA as they purport to authorize, 1) detainment of persons captured within the United States of America without charge or trial, 2) military tribunals for persons captured within the United States of America and 3) the transfer of persons captured within the United States of America to foreign jurisdictions are violative of many of the rights enshrined in the Constitution of the United States of America; and WHEREAS Sections 1021 and 1022 of the 2012 NDAA as they purport to authorize, 1) detainment of persons captured within the United States of America without charge or trial, 2) military tribunals for persons captured within the United States of America and 3) the transfer of persons captured within the United States of America to foreign jurisdictions, is repugnant to the rights enshrined in the Michigan Constitution; and WHEREAS the members of this Oakland County Board of Commissioners have taken an oath to uphold the Constitution of the United States of America and the Constitution of the State of Michigan; and WHEREAS the Oakland County Board of Commissioners opposes any and all rules, laws, regulations, bill language or executive orders, which amount to an overreach of the federal government and which effectively take away civil liberties; and WHEREAS it may be presumed that certain threats such as terrorism exist, and that appropriate and constitutional law must be used to defeat such threats, however, winning the war against such threats cannot come at the greater expense of mitigating basic, fundamental, constitutional protection of our natural and God-given rights, the very foundation of our Republic, our liberty and our safety; and WHEREAS undermining our own unalienable rights serves only to concede to the terrorists’ demands of changing the fabric of what has made the United States of America a country of freedom, liberty and opportunity and makes us more vulnerable to the enemies of our Constitution, Liberty and safety, foreign and domestic. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners condemns in no uncertain terms Sections 1021 and 1022 of the 2012 NDAA as they purport to 1) repeal Posse Comitatus and authorize the President of the United States to utilize the Armed Forces of the United States to police the United States of America, 2) indefinitely detain persons captured within the United States of America without charge until the end of hostilities as purportedly authorized by the 2001 Authorization for Use of Military Force, 3) subject persons captured within the United States of America to military tribunals, and 4) transfer persons captured within the United States of America to a foreign country or foreign entity. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners finds that the enactment into law by the United States Congress of Sections 1021 and 1022 of the National Defense Authorization Act of 2012, Public Law Number 112 81, is inimical to the liberty, security and well-being of the people of Oakland County and was adopted by the United States Congress in violation of the limits of federal power in the United States Constitution. Commissioners Minutes Continued. August 1, 2012 557 BE IT FURTHER RESOLVED that all agencies of Oakland County are encouraged to decline requests by federal agencies acting under detention powers of Sections 1021 and 1022 of the National Defense Authorization Act of 2012 that could infringe upon residents’ freedom of speech, religion, assembly, privacy, rights to counsel, or other rights not here explicitly enumerated as well as their safety from harm committed by politically powerful domestic enemies of the Constitution. BE IT FURTHER RESOLVED that copies of this Resolution be immediately transmitted to Barack Obama, President of the United States, the President of the U.S. Senate, the Speaker of the U.S. House of Representatives, each member of Congress from Michigan, to John Roberts, Chief Justice of the United States Supreme Court; each justice on the United States Supreme Court; Michigan Governor Rick Snyder, Attorney General Bill Schutte, each justice on the Michigan State Supreme Court, and the Michigan State House Speaker and Senate Majority Leader. Chairperson, I move the foregoing resolution. JIM RUNESTAD, BOB GOSSELIN, JOHN SCOTT The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #12209 BY: Commissioners Marcia Gershenson, District #17; John Scott, District #5; Shelley Taub, District #16 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION – CHARTER TOWNSHIP OF WEST BLOOMFIELD – NASHWAY DRIVE - PROJECT NO. 51432 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the Tri-Party Road Improvement Program to assist Oakland County’s cities, villages and townships (CVTs) with the construction, maintenance and repair of roads under the supervision, direction and control of the Road Commission for Oakland County; and WHEREAS Miscellaneous Resolution #09221 established the revised Tri-Party Road Improvement Program – Funding and Project Approval Process; and WHEREAS Miscellaneous Resolution #09221, as amended by Miscellaneous Resolution #10045, provides that any Oakland County appropriation in support of the Tri-Party Road Improvement Program shall be distributed only from the designated General Fund Tri-Party Program fund balance after completion of all of the following: 1. The Road Commission for Oakland County (RCOC) and a city, village, or township (CVT) have identified a project and the project is ready to be undertaken immediately; and 2. The RCOC has appropriated its 1/3 share of the funding for the project and transferred said appropriation to a project account; and 3. The CVT has authorized its 1/3 share of the funding for the project and has executed a contract for payment with the RCOC; and 4. The Commissioner(s) representing the CVT requesting the project submits a resolution authorizing the appropriation of the County’s 1/3 share of the project from the General Fund Designated Fund Balance for Tri-Party Program. The resolution shall be approved by the Finance Committee and the full Board before any funds are released from the Tri-Party Program designation account; and WHEREAS the Charter Township of West Bloomfield, 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 West Bloomfield and said appropriation has been transferred to a project account; and WHEREAS the Charter Township of West Bloomfield 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 Commissioners Minutes Continued. August 1, 2012 558 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 West Bloomfield is $25,000. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Charter Township of West Bloomfield 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 West Bloomfield. Chairperson, we move the adoption of the foregoing Resolution. JOHN SCOTT, MARCIA GERSHENSON, SHELLEY TAUB Copy of Correspondence from Patricia Z. Wierzbicki Deputy-Secretary/Clerk of the Board for the Road Commission for Oakland County 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 7:54 p.m. to the call of the Chair or August 23, 2012, at 9:30 a.m. BILL BULLARD, JR. MICHAEL J. GINGELL Clerk Chairperson