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HomeMy WebLinkAboutMinutes - 2013.01.23 - 788416 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES January 23, 2013 Meeting called to order by Chairperson Michael Gingell at 7:05 p.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Bosnic, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Matis, McGillivray, Middleton, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Zack. (19) EXCUSED ABSENCE WITH NOTICE: Long, Spisz. (2) ABSENT: None. (0) Quorum present. Invocation given by Nancy Quarles. Pledge of Allegiance to the Flag. Moved by Runestad supported by Jackson the minutes of the January 9, 2013 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: Move General Government Committee item b.: Department of Health and Human Services – Homeland Security Division – 2010, 2011 & 2012 FEMA State Homeland Security Grant Interlocal Agreement Acceptance from the Consent Agenda to the Regular Agenda. ITEMS NOT ON BOARD AGENDA GENERAL GOVERNMENT COMMITTEE c. Clerk/Register of Deeds – Appointment of Grant Administrator for Survey and Remonumentation Grant. (Reason for Suspension Waive of Rule III: items for printed board agenda shall be presented to the Board Chair five days prior to the Board meeting. Committee met immediately prior to Board meeting). Vote on agenda, as amended: AYES: Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Matis, McGillivray, Middleton, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic. (18) NAYS: None. (0) A sufficient majority having voted in favor, the agenda, as amended, was approved. Commissioners Minutes Continued. January 23, 2013 17 Oakland County Clerk – Register of Deeds, Lisa Brown, read a communication from Commissioner Nancy Quarles, regarding her resignation from the Sanitary Appeals Board and Food Appeals Board. The communication was received and filed. Oakland County Clerk – Register of Deeds, Lisa Brown, read a communication from Chairperson Michael Gingell appointing Commissioner Dave Woodward to the Sanitary Code Appeal Board for a term ending December 31, 2013. There were no objections the appointment was confirmed. Chairperson Michael Gingell addressed the Board to introduce Commissioners Quarles, Jackson and Zack. Commissioners Quarles, Jackson and Zack addressed the Board to present a proclamation to Patrick Coleman, owner of Beans & Cornbread, honoring him for his contributions to Oakland County and for his business savvy and award-winning menu at Beans & Cornbread, a popular fine dining destination for southern soul food for the last 15 years. Representative from Beans and Cornbread addressed the Board on behalf of Patrick Coleman, owner of Beans & Cornbread. Chairperson Gingell addressed the Board to introduce Commissioner Quarles. Commissioner Quarles addressed the Board and asked Chairperson Michael Gingell to join her in presenting a proclamation to Delta Sigma Theta Sorority Inc honoring Delta Sigma Theta for their 100 year Anniversary as a very important service organization which helped shape the lives of many young women and the greater community since January 13, 1913. Delta Sigma Theta addressed the Board. Chairperson Michael Gingell addressed the Board to introduce Commissioners Dwyer, Jackson and Gershenson. Commissioners Dwyer, Jackson, and Gershenson addressed the Board to present a proclamation to Diana Lewis, former Anchor of 7 Action News honoring her 35 year, Detroit based career as a hard-hitting news Anchor and inspiration to countless generations of viewers. Diana Lewis, former Anchor of 7 Action News addressed the Board. Commissioners Dwyer, Jackson and Gershenson addressed the Board to present a proclamation to Al Allen, former News Reporter of Fox 2 News honoring him for his no nonsense, report only the facts journalistic style which has made him one of the most respected and truly appreciated broadcasters in the area. Al Allen, former News Reporter of Fox 2 News addressed the Board. Chairperson Michael Gingell addressed the Board to introduce Chief Judge Julie Nicholson, 52nd District Court, 3rd Division. Chief Judge Julie Nicholson, 52nd District Court 3rd Division addressed the Board to give a presentation on the 52nd Court “State of the Court”. The following people addressed the board during public comment: Vickie Krigner, Heather Grace, Courtney Protz-Saunders. Moved by Taub supported by Gershenson the resolutions on the amended Consent Agenda be adopted. The vote for this motion appears on page 23. The resolutions on the amended Consent Agenda follow (annotated by an asterisk {*}): Commissioners Minutes Continued. January 23, 2013 18 *MISCELLANEOUS RESOLUTION #13002 BY: Finance Committee, Thomas Middleton, Chairperson IN RE: TREASURER/WATER RESOURCES COMMISSIONER – JACOBS DRAINAGE DISTRICT REFUNDING BONDS - FULL FAITH AND CREDIT RESOLUTION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen WHEREAS the Jacobs Drainage District previously has issued its Drain Bonds, Series 2005A, dated December 15, 2005 (the "Series 2005A Bonds") in the principal amount of $2,760,000, to defray in part the cost of construction of the Jacobs Drain, and this Board of Commissioners, by Miscellaneous Resolution #05274 adopted on December 8, 2005, pledged the full faith and credit of the County of Oakland (the "County") for the prompt payment of the principal of and interest on the Series 2005A Bonds; and WHEREAS the Drainage Board for the Jacobs Drain (the "Drainage Board"), by resolution adopted on December 18, 2012 authorized and provided for the issuance by the Jacobs Drainage District of its Jacobs Drain Refunding Bonds, Series 2013 (the "Refunding Bonds"), in the aggregate principal amount of not to exceed $2,125,000 to refund all or a portion of the Series 2005A Bonds maturing in the years 2014 through 2025; and WHEREAS the Refunding Bonds will be dated as of such date, will bear interest at such rates not to exceed 6% per annum, will be in the aggregate principal amount, will mature in such years and principal amounts, and will be subject to redemption prior to maturity as shall be determined by order of the Chairperson of the Drainage Board; and WHEREAS the Drainage Board deems it advisable and necessary to obtain from this Board a resolution pledging the full faith and credit of the County for the payment of the principal of and interest on the Refunding Bonds; and WHEREAS it is in the best interest of the County that the Refunding Bonds be sold in order to achieve debt service savings for the Charter Township of West Bloomfield and the County. NOW THEREFORE BE IT RESOLVED: 1. Pursuant to the authorization provided in Section 474 of the Drain Code of 1956, as amended, the Board of Commissioners of the County hereby pledges irrevocably the full faith and credit of the County for the prompt payment of the principal of and interest on the Refunding Bonds and agrees that, in the event the Charter Township of West Bloomfield or the County shall fail or neglect to account to the County Treasurer of the County for the amount of any special assessment installment and interest when due, the amount thereof shall be advanced immediately from County funds, and the County Treasurer is directed to make such advancement to the extent necessary. 2. In the event that, pursuant to the pledge of full faith and credit, the County advances out of County funds all or any part of an installment and interest, it shall be the duty of the County Treasurer, for and on behalf of the County, to take all actions and proceedings and pursue all remedies permitted or authorized by law for the reimbursement of such sums so paid. 3. The County Treasurer or the financial consultant, Municipal Financial Consultants Incorporated, is authorized, if necessary to make application to the Department of Treasury for permission to issue and sell the Bonds. 4. The County Treasurer is authorized to approve the circulation of a preliminary and final official statement for the Refunding Bonds, to cause the preparation of those portions of the preliminary and final official statement that pertain to the County, and to do all other things necessary for compliance with Rule 15c2-12 issued under the Securities Exchange Act of 1934, as amended (the "Rule"). The County Treasurer is authorized to execute and deliver such certificates and to do all other things that are necessary to effectuate the sale and delivery of the Refunding Bonds. 5. The County Treasurer is hereby authorized to execute and deliver in the name and on behalf of the County (i) a certificate of the County to comply with the requirements for a continuing disclosure undertaking of the County pursuant to subsection (b) (5) 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 Commissioners Minutes Continued. January 23, 2013 19 failure of the County to comply with and carry out the provisions of the Continuing Disclosure Certificate shall be as set forth therein. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Oakland County – Jacobs Drainage District Jacobs Drain Refunding Bonds, Series 2012 on file in County Clerk’s Office. (The vote for this motion appears on page 23.) *MISCELLANEOUS RESOLUTION #13003 BY: Finance Committee, Thomas Middleton, Chairperson IN RE: TREASURER/WATER RESOURCES COMMISSIONER – REWOLD DRAINAGE DISTRICT REFUNDING BONDS - FULL FAITH AND CREDIT RESOLUTION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen WHEREAS the Rewold Drainage District previously issued its Drain Bonds, Phase II Drain Improvements, Series 2005, dated August 1, 2005 (the "Series 2005 Bonds") in the principal amount of $3,235,000, maturing in the years 2006 through 2025 and this Board of Commissioners, by Miscellaneous Resolution #05115 adopted on June 30, 2005, pledged the full faith and credit of the County of Oakland (the "County") for the prompt payment of the principal of and interest on the Series 2005 Bonds; and WHEREAS the Drainage Board for the Rewold Drain (the "Drainage Board"), by resolution adopted on December 18, 2012, authorized and provided for the issuance by the Rewold Drainage District of its Rewold Drain Refunding Bonds, Series 2013 (the "Refunding Bonds"), in the aggregate principal amount of not to exceed $2,450,000 to refund all or a portion of the Series 2005 Bonds maturing in the years 2014 through 2025; and WHEREAS the Refunding Bonds will be dated as of such date, will bear interest at such rates not to exceed 6% per annum, will be in the aggregate principal amount, will mature in such years and principal amounts, and will be subject to redemption prior to maturity as shall be determined by order of the Chairperson of the Drainage Board; and WHEREAS the Drainage Board deems it advisable and necessary to obtain from this Board an resolution pledging the full faith and credit of the County for the payment of the principal of and interest on the Refunding Bonds; and WHEREAS it is in the best interest of the County that the Refunding Bonds be sold in order to achieve debt service savings for the City of Rochester Hills. NOW THEREFORE BE IT RESOLVED: 1. Pursuant to the authorization provided in Section 474 of the Drain Code of 1956, as amended, the Board of Commissioners of the County hereby pledges irrevocably the full faith and credit of the County for the prompt payment of the principal of and interest on the Refunding Bonds and agrees that, in the event the City of Rochester Hills shall fail or neglect to account to the County Treasurer of the County for the amount of any special assessment installment and interest when due, the amount thereof shall be advanced immediately from County funds, and the County Treasurer is directed to make such advancement to the extent necessary. 2. In the event that, pursuant to the pledge of full faith and credit, the County advances out of County funds all or any part of an installment and interest, it shall be the duty of the County Treasurer, for and on behalf of the County, to take all actions and proceedings and pursue all remedies permitted or authorized by law for the reimbursement of such sums so paid. 3. The County Treasurer or the financial consultant, Municipal Financial Consultants Incorporated, is authorized, if necessary to make application to the Department of Treasury for permission to issue and sell the Bonds. 4. The County Treasurer is authorized to approve the circulation of a preliminary and final official statement for the Refunding Bonds, to cause the preparation of those portions of the preliminary and final official statement that pertain to the County, and to do all other things necessary for compliance with Rule 15c2-12 issued under the Securities Exchange Act of 1934, as amended (the "Rule"). The County Treasurer is authorized to execute and deliver such certificates and to do all other things that are necessary to effectuate the sale and delivery of the Refunding Bonds. Commissioners Minutes Continued. January 23, 2013 20 5. The County Treasurer is hereby authorized to execute and deliver in the name and on behalf of the County (i) a certificate of the County to comply with the requirements for a continuing disclosure undertaking of the County pursuant to subsection (b) (5) 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. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Oakland County – Rewold Drainage District Phase II Drain improvement Refunding Bonds, Series 2013 on file in County Clerk’s office. (The vote for this motion appears on page 23.) *MISCELLANEOUS RESOLUTION #13004 BY: General Government Committee, Christine Long, Chairperson IN RE: HEALTH AND HUMAN SERVICES - HOMELAND SECURITY DIVISION- HAZARD MITIGATION PLAN ADOPTION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County, Michigan, is subject to flooding, tornadoes, winter storms, and other natural, technological, and human hazards; and WHEREAS the Robert T. Stafford Disaster Relief and Emergency Assistance Hazard Mitigation Grant Program administered by the Federal Emergency Management Agency provides grants to implement long-term hazard mitigation measures before and after a disaster; and WHEREAS per MR #11115 grant funding in an amount up to $177,389.20 was accepted from the State of Michigan to complete this plan; and WHEREAS to remain eligible to receive mitigation monies, Oakland County prepared a Hazard Mitigation Plan (the "PLAN") for the County and all communities in the County; and WHEREAS the Plan is a tool for reducing the risks from natural and man made hazards and for providing a guide to commit resources that will reduce the effects of the hazards; and WHEREAS the Oakland County Homeland Security Division and Local Emergency Planning Committee (LEPC), comprised of representatives from the County, cities, townships, villages, and stakeholder organizations, has prepared a Hazard Mitigation Plan and reviewed along with community residents, business owners, schools, local agencies the options to protect people and reduce damage from hazards; and WHEREAS the Plan as an official document of the County and the communities therein; and WHEREAS the LEPC has been established as the County Hazard Mitigation Coordinating Committee, pursuant to the Disaster Mitigation Act of 2000 (PL-106-390) and associated regulations (44CFR 210.6); and NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners adopts the Hazard Mitigation Plan as an official Plan of Oakland County. BE IT FURTHER RESOLVED that the LEPC is established as the permanent community hazard mitigation planning advisory group. BE IT FURTHER RESOLVED that the Oakland County Homeland Security Division is charged with the supervising the implementation of the Plan's recommendations within the funding limitations as provided by Oakland County and other sources. BE IT FURTHER RESOLVED that the Oakland County Homeland Security Division shall convene the hazard mitigation planning advisory group annually to review the plan, conduct a hazard analysis, review action item progress, and provide recommendation for new projects. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Commissioners Minutes Continued. January 23, 2013 21 Copy of Correspondence from U.S. Department of Homeland Security, Christine Stack, Director Mitigation Division, Appendix A on file in County Clerk’s office. (The vote for this motion appears on page 23.) *MISCELLANEOUS RESOLUTION #13005 BY: Human Resources Committee, John Scott, Chairperson IN RE: HUMAN RESOURCES - OPTIONAL SUPPLEMENTARY INCENTIVE FOR NEW (NON- PRESENT EMPLOYEE) HIRING FOR DIFFICULT TO RECRUIT INFORMATION TECHNOLOGY POSITIONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS labor market conditions continue to pose recruitment challenges for certain high level classifications in Information Technology; and WHEREAS Miscellaneous Resolution #01200 was put into effect to support the recruitment of challenging classifications; and WHEREAS the optional supplement offers an incentive to a candidate to accept employment at Oakland County; and WHEREAS the optional supplementary incentive concept continues to be an accepted practice for a number of organizations in recruiting technology positions; and WHEREAS this is a cost effective recruitment tool because it is not an increase to payroll costs as it is funded from a department's salaries favorability through position vacancies; and WHEREAS Human Resources and Management and Budget, working with the Information Technology Department, is proposing to review and approve each supplementary incentive based on criteria for recruitment efforts as follows: • Positions of a higher level that are difficult to recruit/fill, including: Manager, Supervisor I, Supervisor II, Senior Systems Analyst, Project Manager, Application Analyst Programmer III; and • Requires approval from Human Resources and Management and Budget for each individual supplementary incentive that is dispensed; and • Requires a very specific, technical skill set; and • Extensive advertising and recruitment executed (websites, publications, career fairs, newspapers and universities); and • Position has been posted for a minimum of four (4) months and unable to acquire a desirable candidate. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes that the Human Resources and Management and Budget Departments to collectively approve and dispense, for difficult to fill positions, the optional supplemental incentive for new hires to be offered for each instance of a specific classification and function. BE IT FURTHER RESOLVED that the amount of the optional supplemental incentive be based on a formula not to exceed five (5) percent of the maximum step of the salary range, and not to exceed $5,000 per hire, for the specific classification identified. BE IT FURTHER RESOLVED that new hires, prior to acceptance of the optional supplementary incentive bonus, must sign a statement that he/she agrees to pay back the entire bonus to Oakland County if the employee leaves employment with Oakland County within one (1) year of initial employment. Pay-back remittances are owed and payable in full within thirty (30) days of the termination of employment with Oakland County. BE IT FURTHER RESOLVED that funding for the optional supplemental incentive must be available within the current departmental salaries budget. BE IT FURTHER RESOLVED that Human Resources report annually to the Human Resources Committee regarding the use of the optional supplementary incentive and the need to continue the program in the following calendar year. Chairperson, on behalf of the Human Resources Committee, I move the adoption of the foregoing resolution. HUMAN RESOURCES COMMITTEE (The vote for this motion appears on page 23.) Commissioners Minutes Continued. January 23, 2013 22 *MISCELLANEOUS RESOLUTION #13006 BY: Planning and Building Committee, Jim Runestad, Chairperson IN RE: WATER RESOURCES COMMISSIONER – APPOINTMENT OF DEPUTIES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Drain Code of 1956, Section 280.24 provides that the Water Resources Commissioner may appoint a deputy or deputies, if the county Board of Commissioners approves, and may revoke the appointment at his pleasure; and WHEREAS in the event that the Water Resources Commissioner is unable to execute the duties of office, the deputy or deputies may execute or assist in the execution of the duties of the Water Resources Commissioner as assigned by the Water Resources Commissioner; and WHEREAS the Water Resources Commissioner is seeking approval for the appointment of the following people as deputies of the Water Resources Commissioner: Philip Sanzica, Chief Deputy; Douglas Buchholz, Chief of Operations; Joseph W. Colaianne, Attorney & Insurance Administrator; Suzanne Coffey, P.E., Manager and Steven Korth, P.E. Manager. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the request to appoint Philip Sanzica, Chief Deputy, Douglas Buchholz, Chief of Operations; Joseph W. Colaianne, Attorney & Insurance Administrator; Suzanne Coffey, P.E.; Manager and Steven Korth, P.E. Manager as deputies of the Water Resources Commissioner, who shall have the authority to carry out all functions and duties of the office of the Water Resources Commissioner when the Water Resources Commissioner is otherwise unable to carry out the duties of his office. BE IT FURTHER RESOLVED that said appointments shall be effective, January 1, 2013, and shall have no effect on the merit status of the employees identified herein. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE (The vote for this motion appears on page 23.) *MISCELLANEOUS RESOLUTION #13007 BY: Planning and Building Committee, Jim Runestad, Chairperson IN RE: PARKS AND RECREATION COMMISSION – 2013 OAKLAND COUNTY PARKS AND RECREATION RULES AND REGULATIONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Parks and Recreation Commission was established by the Oakland County Board of Supervisors in 1966 under P.A. 261 of 1965; and WHEREAS P. A. 261 of 1965 includes a provision to allow county parks commissions to make rules for the protection, regulation and control of all its facilities and areas with the approval of the Oakland County Board of Commissioners; and WHEREAS the Oakland County Parks and Recreation Commission has established rules and regulations for this protection, regulation and control; and WHEREAS revisions for clarification purposes are requested, which have been reviewed and approved by the Oakland County Corporation Counsel. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the revisions to the Oakland County Parks and Recreation General Information and Regulations for Oakland County Parks. Chairperson on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of 2013 update 11/7/12 Park Rules and Regulations on file in County Clerk’s office. Commissioners Minutes Continued. January 23, 2013 23 Vote on Consent Agenda, as amended: AYES: Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Matis, McGillivray, Middleton, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic, Crawford. (19) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions on the amended Consent Agenda were adopted. There were no items to report on the Regular Agenda for the Finance Committee. MISCELLANEOUS RESOLUTION #13008 BY: General Government Committee, Christine Long, Chairperson IN RE: HEALTH AND HUMAN SERVICES – HOMELAND SECURITY DIVISION – 2010/2011/2012 FEMA STATE HOMELAND SECURITY GRANT INTERLOCAL AGREEMENT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS funding was released from the United States Department of Homeland Security, Federal Emergency Management Agency (FEMA) to the State of Michigan for the 2010/2011/2012 Homeland Security Grant Program (HSGP); and WHEREAS the State of Michigan has awarded a 2010/2011/2012 Homeland Security Grant to Region 2 which includes, but is not limited, to the City of Detroit and Macomb, Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties; and WHEREAS Macomb County was voted and approved to act as the Fiduciary Agent and Subgrantee for the Region 2 Homeland Security Planning Board for the FY 2010/2011/2012 HSGP; and WHEREAS the Macomb County has entered into a grant agreement with the State of Michigan as the subgrantee; and WHEREAS Oakland County Corporation Counsel has reviewed and approved the attached Interlocal Agreement between Macomb County and Oakland County to be used for the 2010/2011/2012 Homeland Security Grant Program. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached Interlocal Agreements and authorizes its Chairperson to execute such Agreements and all other related documents between Macomb County and Oakland County. Chairperson, on behalf of the General Government Committee, I recommend the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. Copy of 2010 Homeland Security Grant Program Interlocal Funding Agreement Between Macomb County and Oakland County Incorporated by Reference. Original on file in County Clerk’s office. MISCELLANEOUS RESOLUTION #13009 BY: General Government Committee, Christine Long, Chairperson IN RE: CLERK/REGISTER OF DEEDS – APPOINTMENT OF GRANT ADMINISTRATOR FOR SURVEY AND REMONUMENTATION GRANT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners, in Miscellaneous Resolution #12042, accepted the Assistance for Survey, Monumentation and Remonumentation Grant for the period of January 1, 2012 through December 31, 2012 in the amount of $329,156; and WHEREAS with accepting the grant in Miscellaneous Resolution #12042, the Oakland County Board of Commissioners appointed the County Clerk/Register of Deeds, Bill Bullard Jr., as the Grant Administrator as required by the State; and WHEREAS the Grant Administrator must sign the close-out report for the 2012 grant as required by the State; and WHEREAS Lisa Brown has succeeded Bill Bullard Jr., as the Oakland County Clerk/Register of Deeds. Commissioners Minutes Continued. January 23, 2013 24 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby appoints the County Clerk/Register of Deeds, Lisa Brown, as the Grant Administrator as required by the State. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the County Clerk/Register of Deeds, Lisa Brown, to sign the close-out report for the 2012 grant and all future grant documentation as required by the State. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Moved by Crawford supported by Woodward the resolution be adopted. Discussion followed. AYES: Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Matis, McGillivray, Middleton, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic, Crawford, Dwyer. (19) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. MISCELLANEOUS RESOLUTION #13010 BY: Human Resources Committee, John Scott, Chairperson IN RE: CIRCUIT COURT/FAMILY DIVISION – REQUEST FOR APPROVAL OF CONTRACT WITH A FORMER COUNTY EMPLOYEE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners has authorized and recognized the value of Professional Services Contracts with former county employees and established a criteria for such arrangements in Miscellaneous Resolution #93300 to ensure the appropriate review and approval of such Professional Services Contractual arrangements; and WHEREAS the Family Division of the Sixth Circuit Court operates a Psychological Clinic in order to conduct court-ordered psychological evaluations referred to the Psychological Clinic (Clinical Services unit) of the Oakland County Circuit Court - Family Division. The evaluations pertain to delinquency, neglect/abuse, and domestic matters, or other matters under the jurisdiction of the Family Division. The evaluations can be for minors or adults and may involve more than one person at a time. They are complete assessments and include review of records, consultations with third parties, interviews, administration and interpretation of psychological tests, report preparation, and other tasks as may be required. WHEREAS the Circuit Court’s Psychological Clinic currently receives between Five Hundred and Six Hundred Psychological Evaluation referrals each year, of which a certain amount of evaluations need to be completed by PhD level clinicians who have the required education and training; and WHEREAS it has been determined by the Circuit Court that an effective way to handle these referrals and provide court-ordered psychological evaluation services to the Court is through the use of Professional Service Contracts with local experts in the field; and WHEREAS Susan Tremonti meets the minimum qualifications and was selected from a competitive Request for Qualifications (RFQ) process; and WHEREAS Susan Tremonti was a Senior Psychologist for the Circuit Court’s Psychological Clinic for approximately two years as an employee from June, 2007 – April, 2009; and WHEREAS the Circuit Court Family Division (Clinical Services Unit) is requesting a contract with Susan Tremonti from January 30, 2013, through October 31, 2013, with the ability to extend one year for the next four years if both parties are satisfied with the arrangement; and WHEREAS the cost for this contract is not to exceed $20,000 the first year or $100,000 for the five year life of the contract and funding is included in the Circuit Court’s Professional Services line item; and WHEREAS this contract is contingent upon final approval by the Human Resources and Finance Committees because it involves a former County employee Commissioners Minutes Continued. January 23, 2013 25 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the Professional Services Contract between the County and Psychologist Susan Tremonti. Chairperson, on behalf of the Human Resources Committee, I move the adoption of the foregoing resolution. HUMAN RESOURCES COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. Copy of Resume for Susan M. Tremonti, Ph.D., ABPP and Oakland County Compliance Office – Purchasing (HIPAA) Professional Service Contract Number: 003696 on file in County Clerk’s office. MISCELLANEOUS RESOLUTION #13011 BY: Planning and Building Committee, Jim Runestad, Chairperson IN RE: FACILITIES MANAGEMENT/PARKS AND RECREATION COMMISSION - REQUEST FOR NON-EXCLUSIVE UNDERGROUND EASEMENT FOR ELECTRICAL UTILITY SERVICE TO THE DETROIT EDISON COMPANY - CATALPA OAKS COUNTY PARK To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is the owner of Catalpa Oaks County Park located in the City of Southfield; and WHEREAS The Detroit Edison Company completed the installation of electrical utility service to the Catalpa Oaks County Park for the Phase I Development Project; and WHEREAS the electrical utility requires a 10-ft. wide non-exclusive underground easement to permit construction, installation, operation, maintenance, replacement and removal of underground electric utility line facilities and related appurtenances; and WHEREAS the Oakland County Parks and Recreation Commission staff and The Detroit Edison Company have agreed upon a route for the said underground electrical utility service, which is necessary for the new facilities at Catalpa Oaks County Park; and WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the granting of the easement, and WHEREAS it is the recommendation of the Oakland County Parks and Recreation Commission and the Department of Facilities Management that the Oakland County Board of Commissioners authorize and approve the granting of the attached easement for underground non-exclusive electrical utility service and related appurtenances to The Detroit Edison Company for the sum of one dollar. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the granting of the attached easement for underground non-exclusive electrical utility service and related appurtenances to the Detroit Edison Company for the sum of one dollar. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached easement for underground, non-exclusive electrical utility service and related appurtenances, and all other related documents between the County of Oakland and The Detroit Edison Company, which may be required. Chairperson on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Grant of Non-Exclusive Underground Easement in Gross Detroit Edison Company (Right of Way No. 35075426) 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 #13012 BY: Planning and Building Committee, Jim Runestad, Chairperson IN RE: FACILITIES MANAGEMENT/VEHICLE OPERATIONS AND RADIO SERVICES BUILDING EXPANSIONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Commissioners Minutes Continued. January 23, 2013 26 WHEREAS the size of the County’s fleet, the number of mechanics, and the level of parts inventory has continually expanded over the years due to the additional road patrol contracts with local communities the County has, yet Vehicle Operations has never expanded its floor space allocation for maintaining, repairing, and retrofitting emergency and other vehicles; and WHEREAS Radio Services has: • been in its present location for three decades; and • has never expanded its floor space allocation, despite nearly doubling its staff and an exponential growth in supported equipment (i.e., expanding from several hundred radios, eight towers, and one repeater site to currently over 6000 radios, 50 repeater sites, and thirty-six towers); and • more than half of its floor space dedicated for storage as opposed to vehicle renovation; and • a need to improve exhaust ventilation given the increased workload, requiring some work to be performed out of doors; and • no women's lavatory. WHEREAS Vehicle Operations, Radio Services, and Facilities Management (FM) agree that the current space allocations (22,271 sq. ft. for Vehicle Operations and 2,191 sq. ft. for Radio Services) are insufficient to fully meet their operating objectives efficiently and effectively; and WHEREAS FM has consulted with its Construction Management annual contactors to estimate costs and project timelines for expanding the Central Garage by 2900 sq. ft. for Vehicle Operations and 2900 sq. ft. for Radio Services as well as renovating the existing 2800 sq. ft. occupied by Radio Services and adding fire suppression to the entire building; and WHEREAS constructing both expansions simultaneously will result in scale economies; and WHEREAS the expansion costs are estimated to total $1,013,689 and the Construction Manager under annual contract with the County, Frank Rewold and Son, Inc., will competitively bid all subcontractor work; and WHEREAS the expansions will take at least one year from approval by the Board to complete; and WHEREAS the funding for the project will come from the Motor Pool Fund and Radio Communication Fund (non-911 operating surcharge fees for use of pre-existing towers associated with the prior public safety radio system) on a per square footage basis or such other basis is appropriate after the contract has been awarded. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves and authorizes expanding the Central Garage (16 East) by 2900 sq. ft. for Vehicle Operations and 2900 sq. ft. for Radio Services as well as renovating the existing 2800 sq. ft. occupied by Radio Services and adding fire suppression to the entire building for $1,013,689. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes Facilities Management to obtain all of the necessary approvals from the City of Pontiac for the expansions. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Oakland County Department of Facilities and Management Proposed Floor Plan for Vehicle Operations Expansion on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #13013 BY: Planning and Building Committee, Jim Runestad, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – APPROVAL AND ACCEPTANCE OF MEMORANDUM OF AGREEMENT (MOA) WITH THE U.S. DEPARTMENT OF COMMERCE (USDOC) FOR USE OF SPACE LOCATED IN THE ANNEX I BUILDING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Department of Economic Development and Community Affairs (Oakland DEDCA) is responsible for ensuring the economic growth and development of Oakland County and has developed an aggressive business assistance function to support and promote small businesses and exporters located throughout Oakland County; and Commissioners Minutes Continued. January 23, 2013 27 WHEREAS the Pontiac U.S. Export Assistance Center (USEAC) promotes exports of U.S. goods and services through the U.S. and Foreign Commercial Service (US&FCS) worldwide network of offices, and works to protect U.S. business interests abroad; and WHEREAS Business USA (BUSA)supports innovation and entrepreneurship in the U.S. business community to enhance U.S. economic resiliency, assist U.S. job creation, and help American firms transform themselves into globally competitive enterprises; and WHEREAS the Oakland DEDCA has, and desires to continue to, work closely with the US&FCS and BUSA offices on campus to foster economic development across Oakland County; and WHEREAS the U.S. Department of Commerce (USDOC) has drafted the Memorandum of Agreement (MOA) attached and Oakland County Corporation Counsel and the Department of Facilities Management has reviewed the MOA; and WHEREAS the parties will review this agreement at least once every two (2) years to determine whether it should be revised, renewed, or canceled; and WHEREAS the MOA will become effective when signed by all parties, will terminate at the end of two (2) years, and may be amended at any time by written agreement of the parties; and WHEREAS US&FCS and BUSA will provide its own furniture, computers, fax machines, office equipment, etc., and reimburse the County, at its standard rate, for phone service; and WHEREAS the County would provide janitorial service, general building maintenance, security, grounds work, a reasonable number of parking spaces, and utilities except for network/IT services; and WHEREAS the MOA provides for the use of approximately 3,707 gross square feet of office space within the Annex I Building from January, 2013 through January, 2014 at a rate of $-0- per square foot; and WHEREAS in exchange for the County providing the building space at a rate of $-0- per square foot, the US&FCS and BUSA agree to: • work with Oakland DEDCA and Oakland County businesses to provide market information and counseling; and • provide appropriate market, industry, and other international trade data, selected reference materials, publications, and export-related information as consistent with ITA and DOC policy; and • identify, coordinate, and execute trade promotion programs; and • participate in events sponsored by business incubators and economic development organizations located in the county that promote small businesses and exporters; and • host business seminars and workshops; and • promote County business programs, services and events on the BusinessUSA.Gov website for the duration of the leasehold; and WHEREAS any party may terminate this agreement by providing 120 days written notice to the other parties. NOW THEREFORE IT BE RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached MOA. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached MOA and all other related documents between the County of Oakland and USDOC, which may be required. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby terminates the existing lease between the County and USDOC. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Memorandum of Agreement Establishing A Joint Project Between Oakland County, Michigan and U.S. Department of Commerce Incorporated by Reference. Original on file in County Clerk’s Office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANIOUS RESOLUTION #13014 BY: Commissioner Shelley Taub, District #12 IN RE: BOARD OF COMMISSIONERS-SUPPORT FOR MICHIGAN SENATE BILL 49 PROVIDING FOR THE CONFIDENTIALITY OF INFORMATION REGARDING HOLDERS OF FIREARMS PERMITS Commissioners Minutes Continued. January 23, 2013 28 WHEREAS the right of citizens to keep and bear arms is protected by the Second Amendment to the U.S. Constitution; and WHEREAS the laws of the State of Michigan further affirm this right by the establishment of concealed pistol licenses; and WHEREAS data collected in the application process for concealed pistol licenses is meant for law enforcement and responsible agencies to ensure compliance with laws and regulations; and WHEREAS information published regarding those individuals who are holders of handgun permits could be used to restrict their rights granted under the Second Amendment; and WHEREAS it is necessary to amend Michigan law to ensure the confidentiality of personal information regarding holders of pistol permits; and WHEREAS Senators Tom Casperson and Howard Walker introduced Senate Bill 49 to provide for the confidentiality of information of individuals who are included in the Pistol Entry Database; NOW THEREFORE IT BE RESOLVED that the Oakland County Board of Commissioners hereby urges the adoption of Senate Bill 49 as a necessary safeguard to protect the rights of Oakland County gun owners. BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward copies of this adopted resolution to Governor Rick Snyder, the Oakland County delegation to the Michigan Legislature, and the Michigan Association of Counties. Chairperson, we move the adoption of the foregoing resolution. SHELLY TAUB, JOHN SCOTT, TOM MIDDLETON, BOB GOSSELIN, JIM RUNESTAD, MICHAEL GINGELL, KATHY CRAWFORD, MIKE BOSNIC, BILL DWYER The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #13015 BY: Commissioner John Scott, District #5 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2013 APPROPRIATION – CITY OF SYLVAN LAKE – INSTALLATION OF SIGNAL WITH ADA IMPROVEMENTS ORCHARD LAKE ROAD AT THE CLINTON RIVER TRAIL CROSSING - PROJECT NO. 49711 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, 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 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; and WHEREAS the City of Sylvan Lake, along with the RCOC has identified a project and said project is ready to be undertaken immediately; and WHEREAS the RCOC has appropriated its 1/3 share of the funding for the project in the City of Sylvan Lake and said appropriation has been transferred to a project account; and Commissioners Minutes Continued. January 23, 2013 29 WHEREAS the City of Sylvan Lake has demonstrated that it has authorized its 1/3 share of the funding for the project and has executed a contract for payment with the RCOC; and WHEREAS Oakland County’s 1/3 share of the FY 2013 Tri-Party Road Improvement funding for the Signal Installation with ADA Improvements Orchard Lake Road at the Clinton River Trail Crossing is $34,333. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the City of Sylvan Lake and authorizes the release of Tri-Party Road Improvement Program funds from the Oakland County Designated Fund Balance. BE IT FURTHER RESOLVED additional project costs, not greater than 15% from the original agreement, which are consistent with the project as originally approved, will be paid when invoiced and appropriated in the quarterly forecast resolution. BE IT FURTHER RESOLVED that additional project costs exceeding 15% of the original agreement will require a separate Finance Committee resolution. 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 Sylvan Lake. Chairperson, I move the adoption of the foregoing Resolution. JOHN SCOTT The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #13016 BY: Commissioner Christine Long, District #7 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2013 APPROPRIATION – CHARTER TOWNSHIP OF WEST BLOOMFIELD – RESURFACING OF FOURTEEN MILE ROAD FROM HAGGERTY ROAD TO COUNTRY WAY - PROJECT NO. 51621 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, 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 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; 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 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 1/3 share of the funding for the project and has executed a contract for payment with the RCOC; and WHEREAS Oakland County’s 1/3 share of the FY 2013 Tri-Party Road Improvement funding for the resurfacing of Fourteen Mile Road from Haggerty Road to Country Way is $158,333. 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. Commissioners Minutes Continued. January 23, 2013 30 BE IT FURTHER RESOLVED additional project costs, not greater than 15% from the original agreement, which are consistent with the project as originally approved, will be paid when invoiced and appropriated in the quarterly forecast resolution. BE IT FURTHER RESOLVED that additional project costs exceeding 15% of the original agreement will require a separate Finance Committee resolution. 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, I move the adoption of the foregoing Resolution. CHRISTINE LONG The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #13017 BY: Commissioners Marcia Gershenson, District #13; Bill Dwyer, District #14 IN RE: BOARD OF COMMISSIONERS – STUDY GROUP ON FIREARM REGISTRATION COMPLIANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the incidence of homicides committed with a firearm in the U.S. is much greater than most other advanced countries. Every day, 282 people in America are shot and 86 people die from gun violence; and WHEREAS the Brady Handgun Violence Prevention Act (Brady Act) of 1993, Public Law 103-159, created the National Instant Criminal Background Check System (NICS) for Federal Firearms Licensees (FFLs), as a federal database to instantly determine whether a prospective buyer is eligible to purchase firearms or explosives; and WHEREAS the NCIS is a point-of-sale system that alerts the sellers of firearms if the prospective buyer has a criminal record or is otherwise ineligible to purchase guns and/or ammunition; and WHEREAS more than 100 million checks have been performed in the last decade with over 700,000 denials; and WHEREAS 13 states participate with the NICS for all firearms for handguns and long guns; and WHEREAS Michigan is one of eight (8) states that are partial participants in NICS for long gun purchases; and WHEREAS Michigan utilizes the Michigan Law Enforcement Information Network (LEIN), a statewide computerized information system, for handgun permit background checks; and WHEREAS a person in Michigan purchasing a hand gun from a dealer must complete a Pistol States Record that is sent to the local police agency and the gun is entered in the state’s database; and WHEREAS the recent mass shooting tragedies showed that there are significant gaps in the background check system that allow ineligible people to buy guns; and WHEREAS the Department of Justice reports because 18 states have not provided all eligible data; this results in the NICS' database having less than 20% of the needed records; and WHEREAS 17 states and communities are responding to these gaps with laws that require various agencies and the courts to report eligibility to NICS; and WHEREAS leadership is needed to study the issues around identifying and surmounting any logistical, legal and political obstacles to compliance and to bridge the gap between state/local agencies and the state and federal gun registration databases. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, hereby creates a study group to make recommendations on how to strengthen background check reporting and identify situations where a person should be disqualified from purchasing a firearm. BE IT FURTHER RESOLVED that this study group will report its recommendations to the Public Services Committee, no later than April 9, 2013, and the Oakland County Board of Commissioners, Oakland County Sheriff and Oakland County Executive in the form of a resolution, that shall be forwarded to the Michigan Legislature and the appropriate mental health and criminal justice agencies with the recommendations for action. BE IT FURTHER RESOLVED that the Public Services Committee shall appoint the membership of the study group, which shall be comprised of: Commissioners Minutes Continued. January 23, 2013 31 • Representatives from the mental health community • Representatives from the law enforcement community • One Member from the majority party of the Oakland County Commission • One Member from the minority party of the Oakland County Commission Chairperson, we move the adoption of the foregoing resolution. MARCIA GERSHENSON, BILL DWYER, GARY MCGILLIVRAY, TOM MIDDLETON, KATHY CRAWFORD, BOB HOFFMAN, NANCY QUARLES, HELAINE ZACK, JANET JACKSON, DAVE WOODWARD, MATTIE HATCHETT The Chairperson referred the resolution to the Public Service Committee. There were no objections. MISCELLANIOUS RESOLUTION #13018 BY: Commissioner Bill Dwyer, District #14; Marcia Gershenson District #13 IN RE: BOARD OF COMMISSIONERS-SUPPORT FOR INCREASED MEASURES TO PROHIBIT THE SALE OF FIREARMS TO INDIVIDUALS WITH A VARIETY OF MENTAL HEALTH ILLNESSES WHEREAS the nation has suffered numerous tragedies caused by the use of firearms by individuals who suffer from a variety of mental health illnesses; and WHEREAS current laws and regulations have not been sufficient to prevent the purchase of firearms by individuals prohibited by federal and state law from owning or using of firearms; and WHEREAS the safety of Oakland County citizens and schoolchildren are put at risk by the continuing threat of gun violence by individuals suffering from a variety of mental health illnesses; and WHEREAS the Federal Bureau of Investigation has established a national database to provide instant background information on applicants attempting to purchase a firearm known as the National Background Information Check System ( NICS); and WHEREAS nominal participation by state and local agencies in providing information regarding the mental health of individuals has limited the ability of the NICS system from having complete data; and WHEREAS Michigan could greater utilize the NICS system during the purchase of firearms; and WHEREAS Michigan law does not require the submission of relevant mental health issues of individuals to Federal Bureau of Investigation for inclusion in NICS; and WHEREAS comprehensive studies should be completed to understand the impact of violent video games on individuals suffering from a variety of mental illnesses; and WHEREAS local data provided to the NICS system could be used to prevent the purchase of firearms by individuals who are prohibited by federal and state laws due to mental health illnesses; and WHEREAS adequate funding of mental health programs and law enforcement is necessary for the prevention of gun violence by individuals suffering from mental illnesses. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby urges the adoption of additional measures to ensure the safety of citizens by the full participation in the National Background Information System by responsible state and local agencies. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby urges Governor Snyder and the Michigan Legislature to adopt changes to state law to ensure full participation and the use of the NICS system in the purchase of firearms that pose a threat to the public safety. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners urges the financial support both directly and indirectly of mental health and law enforcement programs directed at the prevention of gun violence by all stakeholders in the debate over gun ownership rights such as the National Rifle Association and that any solution is a comprehensive and multifaceted. BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward copies of this adopted resolution to Governor Rick Snyder. The Oakland County delegation to the Michigan Legislature, the Michigan Association of Counties and the Oakland County legislative lobbyists. Chairperson, we move the adoption of the foregoing resolution. BILL DWYER, MARCIA GERSHENSON, GARY MCGILLIVRAY, TOM MIDDLETON, KATHY CRAWFORD, BOB HOFFMAN, NANCY QUARLES, HELAINE ZACK, JANET JACKSON, DAVE WOODWARD, MATTIE HATCHETT Commissioners Minutes Continued. January 23, 2013 32 The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #13019 BY: Commissioner Bill Dwyer, District #14 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2013 APPROPRIATION – CITY OF FARMINGTON HILLS – EXTENSION OF RIGHT TURN LANE ON MIDDLEBELT ROAD AT THE HILLEL DAY SCHOOL - PROJECT NO. 51661 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, 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 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; and WHEREAS the City of Farmington Hills, along with the RCOC has identified a project and said project is ready to be undertaken immediately; and WHEREAS the RCOC has appropriated its 1/3 share of the funding for the project in the City of Farmington Hills and said appropriation has been transferred to a project account; and WHEREAS the City of Farmington Hills has demonstrated that it has authorized its 1/3 share of the funding for the project and has executed a contract for payment with the RCOC; and WHEREAS Oakland County’s 1/3 share of the FY 2013 Tri-Party Road Improvement funding for the extension of a right-turn lane on Middlebelt Road at the Hillel Day School is $51,000. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the City of Farmington Hills and authorizes the release of Tri-Party Road Improvement Program funds from the Oakland County Designated Fund Balance. BE IT FURTHER RESOLVED additional project costs, not greater than 15% from the original agreement, which are consistent with the project as originally approved, will be paid when invoiced and appropriated in the quarterly forecast resolution. BE IT FURTHER RESOLVED that additional project costs exceeding 15% of the original agreement will require a separate Finance Committee resolution. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this resolution to the Road Commission for Oakland County, Oakland County Fiscal Services and the City of Farmington Hills. Chairperson, I move the adoption of the foregoing Resolution. BILL DWYER The Chairperson referred the resolution to the Finance Committee. There were no objections. The Board adjourned at 8:34 p.m. to the call of the Chair or February 7, 2013, at 9:30 a.m. LISA BROWN MICHAEL J. GINGELL Clerk Chairperson