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HomeMy WebLinkAboutMinutes - 2014.10.08 - 7948 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES October 8, 2014 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, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Matis, McGillivray, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack. (20) EXCUSED ABSENCE WITH NOTICE: Long. (1) Quorum present. Invocation given by Marcia Gershenson Pledge of Allegiance to the Flag. Moved by Dwyer supported by McGillivray the minutes of the September 18, 2014 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 d. Sheriff’s Office – Fiscal Year 2015 Secondary Road Patrol and Traffic Accident Prevention Program Grant Acceptance Reason for suspension Wavier of Rule III – Resolution was taken up by the Public Services Committee immediately prior to today’s meeting. (Will be placed on the Regular Agenda and referred to the Human Resources Committee and the Finance Committee.) Move Planning and Building Committee item a.: entitled MR #14225 – Board of Commissioners – Analysis of Animal Control Shelter/Pet Adoption Center and Assessment of Facility Needs from the Consent Agenda to the Regular Agenda. AYES: Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Matis, McGillivray, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic. (20) 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 Mel Larsen honoring him as a state legislator, who bravely fought for and won historic civil rights laws that are protecting Michigan citizens from almost 40 years later. The 529 Commissioners Minutes Continued. October 8, 2014 Elliott/Larsen Act stands as a testament to bi-partisan and breaking down boundaries. As a Republican from Oakland County, Mel teamed up with a Democrat from Detroit, Daisy Elliot, to do what he simply puts as “the right thing.” The result of their efforts was the landmark Elliot/Larsen Act – providing protection against discrimination against people based on their race, gender, marital status, religion, national origin and weight. Mel Larsen is truly one of Oakland County’s great statesmen. Mel Larsen addressed the Board. Chairperson Michael Gingell addressed the Board to introduce Commissioners Jackson and Quarles. Commissioners Jackson and Quarles addressed the Board to present a Proclamation to Ber-Heda Williams honoring her for the International Day of the Girl; she created this Program to Empower Girl- hood since 2011 to enrich the lives of young women. Noted she is also a Poet and Author. Ber-Heda Williams addressed the Board. Chairperson Michael Gingell addressed the Board to introduce Commissioner Hatchett. Commissioner Hatchett addressed the Board and asked Chairperson Michael Gingell and Vice-Chairperson Jeff Matis to join her in presenting a Proclamation to Sheryl Mitchell honoring Dr. Sheryl L. Mitchell for being such a professional whose impressive public service career with Oakland County that began in 1997, when she was hired to be Administrative Analyst and became a Senior Analyst for the Oakland County Board of Commissioners. She made history as the first African American and first African American woman to work as a member of the Board’s professional staff. In 2000, she served as Acting Chief of Staff for the commission. In August 2014, she made history, once again, when she was appointed to be the City of Albion’s City Manager, where she became the first woman and the first African American to work in that position. Sheryl Mitchell addressed the Board. Chairperson Michael Gingell addressed the Board to inquire if there were any other communications. Oakland County Clerk – Register of Deeds, Lisa Brown read a thank you card from Wilma Cotton, Board of Canvasser member, to thank Joe Rozell, Director of Elections; and Staff, Lisa Brown, Oakland County Clerk – Register of Deeds and the Oakland County Board of Commissioners for their thoughtfulness, time and efforts to “appreciate” and honor the Canvass Board members. The following people addressed the Board during public comment: Tom Wirtin, Bill McMaster, Jim Tadaesh, Jeff Axe, Preston Vanwheat, Craig Covey, Water Resources Commissioner Community Liaison, Commissioner Mattie Hatchett and Commissioner Bob Hoffman. Moved by Dwyer supported by Quarles 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 542. The resolutions on the amended Consent Agenda follow (annotated by an asterisk {*}): *MISCELLANEOUS RESOLUTION #14230 BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS TRI-PARTY PROGRAM – ADDITIONAL APPROPRIATION FOR THE CITY OF NOVI – PROJECT NO. 52321 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the City of Novi Project #52321 was originally approved per MR #14111; and WHEREAS the project was established for the widening of Haggerty Road, south of 10 Mile Road; and WHEREAS the total Tri-Party project cost participation was established at $120,000 of which the County agreed to fund $40,000; and 530 Commissioners Minutes Continued. October 8, 2014 WHEREAS the City of Novi and the Road Commission for Oakland County (RCOC) approved additional funding from existing allocated Tri-Party monies since the time Project #52321 was initiated; and WHEREAS the Oakland County share for the additional project cost is $13,030 to bring the total County share to $53,030; and WHEREAS funding in the amount of $13,030 is available in the General Fund Assigned Fund Balance for Tri-Party funding (GL acct #383510). NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the additional Oakland County cost of $13,030, for Tri-Party Project #52321. BE IT FURTHER RESOLVED that the Board of Commissioners authorizes the following FY 2014 budget amendment: GENERAL FUND (#10100) FY 2014 Revenue 9010101-196030-665882 Planned Use of Fund Balance $ 13,030 Total Revenues $ 13,030 Expenditures 9010101-153010-740135 Road Commission Tri-Party $ 13,030 Total Expenditures $ 13,030 Chairperson, on behalf of the Finance Committee, I move adoption of the forgoing resolution. FINANCE COMMITTEE Copy of Correspondence from Lynn Sonkiss, Manager of Fiscal Services on file in County Clerk’s office. (The vote for this motion appears on page 542.) *MISCELLANEOUS RESOLUTION #14231 BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS - TAX INCREMENT FINANCING DISTRICT REVIEW POLICY AD HOC REVIEW COMMITTEE – AMENDMENT TO MISCELLANEOUS RESOLUTION #08098 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution #99010 established an Ad Hoc Review Committee whose charge is to review the creation of new or expanded Tax Increment Financing Districts, the impact of the projected revenue loss to the County and to recommend negotiation of participating agreements on the County’s behalf; and WHEREAS Miscellaneous Resolution #99010 provided that the Committee consist of the Finance Committee Chairperson and a representative of the County Treasurer, the Equalization Division, Economic Development and Corporation Counsel; and WHEREAS Miscellaneous Resolution #01002 amended the composition of the Committee, by adding the Planning and Building Committee Chairperson or designee and one additional commissioner and Miscellaneous Resolution #01093 provided that the one additional commissioner shall be appointed by the Chair of the Board of Commissioners; and WHEREAS Miscellaneous Resolution #01002 provided for a two-year term only for those members who were serving at that time; and WHEREAS MR #08098 established a permanent two-year term for the committee membership consistent with that of the Board of Commissioners and added the Minority Vice Chair of the Finance Committee or designee to the committee; and WHEREAS there are times when the county receives notice that a community has either scheduled or held a public hearing on its plan to create or expand a Tax Increment Financing District, giving the county 60 days from the date of the public hearing to consider participation; and WHEREAS for this reason, it would be prudent to allow the County Treasurer, the Equalization Division, Economic Development and Corporation Counsel to also designate alternates in order to secure a quorum and schedule meetings in a timely manner. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners’ hereby authorizes the Treasurer, the Equalization Division, Economic Development and Corporation Counsel to 531 Commissioners Minutes Continued. October 8, 2014 designate both a representative and an alternate to the Tax Increment Financing District Review Policy Ad Hoc Review Committee. BE IT FURTHER RESOLVED that the County Treasurer, the Equalization Division, Economic Development and Corporation Counsel provide a letter to the Board of Commissioners at the beginning of each Board of Commissioners’ two-year term identifying their representative and alternate to the Committee. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE (The vote for this motion appears on page 542.) *MISCELLANEOUS RESOLUTION #14220 BY: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF HEALTH & HUMAN SERVICES - HOMELAND SECURITY DIVISION – OUTDOOR WARNING SYSTEM EXPANSION – THE TOWNSHIP OF HOLLY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution No.'s 7865, 7971, and 8664 accepted federal grants to defray a portion of the costs in purchasing sirens to be utilized within the Oakland County Outdoor Warning System; and WHEREAS the County share of the costs will remain at twenty-five percent as has been the policy previously established by the Board of Commissioners by various Miscellaneous Resolutions, whereby local units pay seventy-five percent with the County being responsible for the maintenance and electrical costs for the sirens purchased; and WHEREAS The Township of Holly, has executed the attached Interlocal Agreement Amendment; and WHEREAS The Township of Holly has agreed to pay seventy-five percent of the total estimated cost of two sirens; and WHEREAS consistent with the Original Interlocal Agreement (reference Miscellaneous Resolution #12300), The Township of Holly agrees that Oakland County will retain ownership of the sirens and will be responsible for the maintenance and the electrical costs for said sirens purchased under this agreement; and NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached Severe Weather Warning System Interlocal Agreement Amendment with the Township of Holly and authorizes the Board Chairperson to execute the agreement on behalf of Oakland County. BE IT FURTHER RESOLVED that the expenditure of this appropriation is contingent upon the execution of the attached written agreement between the County and The Township of Holly. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE THE TOWNSHIP OF HOLLY TORNADO SIRENS BUDGET SUMMARY Purchase of two warning sirens: THE TOWNSHIP OF HOLLY (75%) $34,500.00 OAKLAND COUNTY (25%) $11,500.00 TOTAL COST OF TWO SIRENS: $46,000.00 Breakdown of siren costs: One Siren - Pole Mounted $17,500.00 Siren Model 2001 2-Way Siren Controls Batteries Cable 532 Commissioners Minutes Continued. October 8, 2014 Transformer, Rectifier Decoder Installation $5,500.00 Antenna Battery Warmers Total $23,000.00 each The above costs are based on quotes submitted by Federal Signal Corporation and West Shore Services. Copy of Amendment #1 to Severe Weather Warning System Interlocal Agreement Between Oakland County and Holly Township, Holly Township Board of Trustees August 20, 2014 Regular Meeting Synopsis, Oakland County Outdoor Warning Sirens, 2012 Severe Weather Warning System Interlocal Agreement Oakland County and Holly Township MR #12300 and The Township of Holly Tornado Sirens Budget Summary Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #14220) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES - HOMELAND SECURITY DIVISION – OUTDOOR WARNING SYSTEM EXPANSION –THE TOWNSHIP OF HOLLY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: 1. The resolution approves the interlocal agreement between the County and Holly Township to purchase two (2) warning sirens as part of the County’s centrally activated outdoor warning system. 2. The total cost of the sirens is $46,000. 3. Holly Township has agreed to pay $34,500, which is seventy-five percent (75%) of the estimated cost of the sirens. 4. The County of Oakland will pay $11,500, which is twenty-five percent (25%) of the estimated total cost. 5. The County will retain ownership and be responsible for the maintenance and electrical costs of the sirens. 6. There are a sufficient number of sirens available in inventory allowing for the installation at Holly Township. 7. No budget amendments are necessary. FINANCE COMMITTEE (The vote for this motion appears on page 542.) *MISCELLANEOUS RESOLUTION #14232 BY: General Government Committee, Christine Long, Chairperson IN RE: 52nd 1st DIVISION DISTRICT COURT – APPROVAL OF FIFTY-SECOND DISTRICT COURT MAGISTRATE - VICTOR J. ZANOLLI III To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners has provided for magistrates for the Fifty-Second District Court; and WHEREAS the Judges of the Fifty-Second District Court have appointed Victor J. Zanolli III, Attorney at law, to serve as a magistrate for the Fifty-Second District Court; and WHEREAS MCL 600.8501(a) provides that magistrate appointments be approved by the County Board of Commissioners. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the appointment of Victor J. Zanolli III, Attorney at law, to act as a magistrate for the Fifty- Second District Court. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE 533 Commissioners Minutes Continued. October 8, 2014 Copy of Resume for Victor J. Zanolli, III in County Clerk’s office. (The vote for this motion appears on page 542.) *REPORT (MISC. #14170) BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR SENATE BILL 2432 – BANK ON STUDENTS EMERGENCY LOAN REFINANCING ACT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above referenced resolution on September 29, 2014, reports with the recommendation the resolution be adopted.as follows: “MISCELLANEOUS RESOLUTION #14170 BY: Commissioner David Woodward, District #19; Michael Spisz, District #3 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR SENATE BILL 2432 – BANK ON STUDENTS EMERGENCY LOAN REFINANCING ACTSupport for Reduction of Student Loan Debt To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Student loan debt is exploding, creating a crisis that threatens our economy, with outstanding student loans now totaling more than $1.2 trillion, and surpassing total credit card debt – and every year.. WHEREAS an astonishing 71% of college seniors had debt in 2012, with an average outstanding balance of $29,400 for those who borrowed to get a bachelor’s degree; and WHEREAS student debt is crushing the middle classmany US citizens. Key federal economic agencies like the Federal Reserve, the Treasury Department, and the Consumer Financial Protection Bureau have weighed in on the dangers of exploding student loan debt. This debt is stoppinglimiting a growing proportion of families from buying homes, saving for retirement, and making purchases that will keep our economy on the road to recovery; and WHEREAS Youngyoung borrowers are failing to keep up with payments. One and one in seven borrowers defaults on federal student loans within three years of beginning repayment. Other borrowers are just barely keeping their heads above water – in total, 30% of Federal Direct student loan dollars are in default, forbearance, or deferment; and WHEREAS Senate Bill 2432, introduced by Senator Elizabeth Warren, will allow students to refinance their loans at interest rates as low as 3.86 percent and save thousands of dollars in the process; and WHEREAS the Congressional Budget Office (CBO) estimates that slightly more than half of the outstanding loan volume for federal student loans and loan guarantees (about $500 billion) wouldcould be refinanced under the bill; and WHEREAS one in ten borrowers defaulted on their student loans within two years and rates of default for federal student loans in some categories can be as high as 21.8%, placing a significant burden on taxpayers; and WHEREAS last year, large bipartisan majorities agreed that federal loan rates were far too high and voted to lower them this year for new borrowers – but did nothing for existing borrowers. House Speaker John Boehner (R-OH) hailed last year’s agreement as a “market-based solution” that was “consistent” with Republican policy proposals. Senator Richard Burr (R- NC) said the new rate legislation “ensures access and affordability for students”;” WHEREAS with interest rates near historic lows, homeowners, businesses, and even local governments with good credit regularly refinance their debts – but students have few options. Even though the federal government is by far the biggest student lender, it offers no refinancing option. Private refinancing options are extremely limited, and federal borrowers cannot participate without sacrificing key consumer protections on federal student loans; and WHEREAS this legislation would give student loan borrowers a fair shot at managing their debt by offering them the opportunity to refinance their federal loans. All eligible federal FFELP and Direct student loan borrowers could refinance their high-interest loans down to the rates offered to new federal borrowers in the 2013-2014 school year under the Bipartisan Student Loan Certainty Act. 534 Commissioners Minutes Continued. October 8, 2014 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, hereby supports the Senate Bill 2432 – Bank on Students Emergency Loan Refinancing Act and urges its adoption. encourages Members of Congress and the President to adopt a comprehensive bi-partisan plan that addresses the existing student loan debt problem; giving debtors options to refinance their student loans at market rates, provides incentives for early repayment of loans, gives students the information they need to make an informed choice before entering into debt and reduces the overall cost to the taxpayers. BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward a copy of this legislation to the Michigan Congressional Delegation, U.S. Senators Carl Levin and Debbie Stabenow, Senator Elizabeth Warren, and Oakland County’s legislative lobbyists. BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward a copy of this resolution to the Michigan Association of Counties and the National Association of County Officials, with strong encouragement that their respective member counties also adopt similar resolutions.” Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #14170 BY: Commissioner David Woodward, District #19 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR SENATE BILL 2432 – BANK ON STUDENTS EMERGENCY LOAN REFINANCING ACT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Student loan debt is exploding, creating a crisis that threatens our economy, with outstanding student loans now totaling more than $1.2 trillion, surpassing total credit card debt – and every year. WHEREAS an astonishing 71% of college seniors had debt in 2012, with an average outstanding balance of $29,400 for those who borrowed to get a bachelor’s degree; and WHEREAS student debt is crushing the middle class. Key federal economic agencies like the Federal Reserve, the Treasury Department, and the Consumer Financial Protection Bureau have weighed in on the dangers of exploding student debt. This debt is stopping a growing proportion of families from buying homes, saving for retirement, and making purchases that will keep our economy on the road to recovery; and WHEREAS Young borrowers are failing to keep up with payments. One in seven borrowers defaults on federal student loans within three years of beginning repayment. Other borrowers are just barely keeping their heads above water – in total, 30% of Federal Direct student loan dollars are in default, forbearance, or deferment; and WHEREAS Senate Bill 2432, introduced by Senator Elizabeth Warren, will allow students to refinance their loans at interest rates as low as 3.86 percent and save thousands of dollars in the process; and WHEREAS the Congressional Budget Office (CBO) estimates that slightly more than half of the outstanding loan volume for federal student loans and loan guarantees (about $500 billion) would be refinanced under the bill; and WHEREAS last year, large bipartisan majorities agreed that federal loan rates were far too high and voted to lower them this year for new borrowers – but did nothing for existing borrowers. House Speaker John Boehner (R-OH) hailed last year’s agreement as a “market-based solution” that was “consistent” with Republican policy proposals. Senator Burr (R - NC) said the new rate legislation “ensures access and affordability for students”; and WHEREAS with interest rates near historic lows, homeowners, businesses, and even local governments with good credit regularly refinance their debts – but students have few options. Even though the federal government is by far the biggest student lender, it offers no refinancing option. Private refinancing options are extremely limited, and federal borrowers cannot participate without sacrificing key consumer protections on federal student loans; and WHEREAS this legislation would give student loan borrowers a fair shot at managing their debt by offering them the opportunity to refinance their federal loans. All eligible federal FFELP and Direct student loan borrowers could refinance their high-interest loans down to the rates offered to new federal borrowers in the 2013-2014 school year under the Bipartisan Student Loan Certainty Act. 535 Commissioners Minutes Continued. October 8, 2014 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, hereby supports the Senate Bill 2432 – Bank on Students Emergency Loan Refinancing Act and urges its adoption. BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward a copy of this legislation to the Michigan Congressional Delegation, U.S. Senators Carl Levin and Debbie Stabenow, Senator Elizabeth Warren, and Oakland County’s legislative lobbyists. BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward a copy of this resolution to the Michigan Association of Counties and the National Association of County Officials, with strong encouragement that their respective member counties also adopt similar resolutions. Chairperson, we move the adoption of the foregoing resolution. DAVE WOODWARD, MATTIE HATCHETT, JANET JACKSON, HELAINE ZACK, GARY MCGILLIVRAY, MARCIA GERSHENSON (The vote for this motion appears on page 542.) *MISCELLANEOUS RESOLUTION #14233 BY: Public Services Committee, Bill Dwyer, Chairperson IN RE: MULTIDEPARTMENT: SHERIFF'S OFFICE, CIRCUIT COURT AND CHILDREN’S VILLAGE – 2014 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM – ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the U.S. Department of Justice - Office of Justice Programs has awarded Oakland County, along with the City of Pontiac, grant funding in the amount of $158,331 for the period of October 1, 2013 through September 30, 2017; and WHEREAS this is a formula grant based on total violent crime reported within the State; and WHEREAS the funding has increased by $29,271 from the previous year; and WHEREAS the funds are distributed based on Federal allocation; Oakland County’s share is $56,463 and the remaining $101,868 is allocated to the City of Pontiac (via the Sheriff’s Office); and WHEREAS there is no grant match requirement; and WHEREAS $33,163 of the funding is dedicated to the Sheriff’s Office and will be used to purchase security camera monitoring system for prisoner transport vans, gun lock boxes for Corrective Services Court Detention and Tasers for the Tactical team; and WHEREAS $13,300 of the funding is dedicated to the Circuit Court and will be used to purchase evidence presentation equipment, enhanced sound system to better capture court record, and hand held dictation devices for case workers and referees; and WHEREAS $10,000 of the funding is dedicated to the Children’s Village and will be used to purchase doorbells which create a signaling system to alert staff when visitors have arrived; the doorbells will improve customer service and efficiency while enhancing campus security; and WHEREAS $101,868 is the City of Pontiac’s allocation and will be used to fund the Sheriff’s Office Law Enforcement contract with Pontiac to help fight violent crime and lower the homicide rate with the use of overtime; and WHEREAS under an Intergovernmental Agreement between Oakland County and the City of Pontiac authorized by Miscellaneous Resolution #14138, Oakland County will act as the fiduciary and lead agency for the entire award; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process and the Board of Commissioners Grant Acceptance Procedures; and WHEREAS the acceptance of this grant does not obligate the County to any future commitment. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the U.S. Department of Justice Grant Agreement in the amount of $158,331 and that the Chairperson of the Board of Commissioners is authorized to execute the grant award and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original application as approved. BE IT FURTHER RESOLVED the continuation of the program is contingent upon future levels of grant program funding. 536 Commissioners Minutes Continued. October 8, 2014 Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Grant Review Sign Off – Sheriff’s Office, Circuit Court and Children’s Village Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #14233) BY: Finance Committee, Tom Middleton, Chairperson IN RE: MULTIDEPARTMENT: SHERIFF’S OFFICE, CIRCUIT COURT AND CHILDREN’S VILLAGE – 2014 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM - ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The United States Department of Justice has awarded Oakland County and the City of Pontiac grant funding in the amount of $158,331. Oakland County will serve as fiduciary and lead agency for the entire award. Oakland County’s share of the award is $56,463. The Sheriff’s Office will use $33,163 of the funds to purchase a security camera monitoring system for prisoner transport vans, court detention gun lock boxes and Tasers. The Circuit Court will use $13,300 of the funds to purchase evidence presentation equipment, a microphone system for one courtroom and hand held dictation devices. Children’s Village will use $10,000 to purchase and install doorbells on the staff-secure treatment cottages. 2. The remaining grant distribution is based on the Federal allocation of $101,868 to the City of Pontiac pursuant to the Intergovernmental Agreement approved by Miscellaneous Resolution #14138. Pontiac's allocation will be used to fund the Sheriff's Office Law Enforcement contract with Pontiac to help deter and investigate violent crime through the use of overtime. 3. The grant funding period is October 1, 2013 through September 30, 2017. 4. No County match is required. 5. An amendment to the Fiscal Year 2015 budget is recommended as follows: GRANT FUND (#27369) GRANT (#GR0000000695) Budget Reference 2015 FY 2015 Revenue 4030601-116080-610313-40420 Sheriff /City of Pontiac– Grants Federal $ 101,868 4030401-112660-610313 Sheriff/Corr. Svcs. Satl – Grants Federal 30,798 4030901-110050-610313 Sheriff/Technical Services – Grants Federal 2,365 1060501-112090-610313 Children’s Village – Grants Federal 10,000 3010101-121100-610313 Circuit Court – Grants Federal 13,300 Total Grant Fund Revenue $ 158,331 Expenditures 4030601-116080-730373-40420 Sheriff/City of Pontiac – Contracted Services $ 101,868 4030401-112660-750154 Sheriff/Corr. Svcs. Satl – Equip 30,798 4030901-110050-750154 Sheriff/Technical Services – Equip 2,365 1060501-112090-788001-40400 Transfer Out–Project Work Order Fund 10,000 3010101-121100-750170 Circuit Court – Equip 8,000 3010101-121100-750154 Circuit Court – Equip 5,300 Total Grant Fund Expenditures $ 158,331 PROJECT WORK ORDER FUND (#40400) Project ID (#100000002026) Revenue 1040101-148020-695500-27369 Transfer In $ 10,000 537 Commissioners Minutes Continued. October 8, 2014 Total Revenue $ 10,000 Expenditures 1040101-148020-796500 Budgeted Equity Adjustments $ 10,000 Total Expenditures $10,000 FINANCE COMMITTEE (The vote for this motion appears on page 542.) *MISCELLANEOUS RESOLUTION #14234 BY: Public Services Committee, Bill Dwyer, Chairperson IN RE: SHERIFF'S OFFICE – FISCAL YEAR 2015 AUTOMOBILE THEFT PREVENTION AUTHORITY (ATPA) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan, Automobile Theft Prevention Authority (ATPA), has awarded Oakland County funding in the amount of $1,541,736 with a grant match of $644,709 for October 1, 2014 through September 30, 2015; and WHEREAS the ATPA encourages multijurisdictional agreements; Oakland County’s award includes one Detroit position and Detroit’s award includes one Oakland County Sheriff’s Office position; and WHEREAS Oakland County’s award is $1,401,777 with a 41% required match of $574,729, and Oakland County’s portion of the Detroit ATPA award is $139,959 with a 50% required match of $69,980; and WHEREAS the Oakland County ATPA award includes funding for the following: $962,799 for Oakland County Sheriff’s Office with a required match of $394,748; $126,017 for Farmington Hills Police Department with a required match of $51,667; $101,420 for Hazel Park Police Department with a required match of $41,582; $106,236 for the Waterford Township Police Department with a required match of $43,557; and $105,305 for the Detroit Police Department with a required match of $43,175; and WHEREAS each participating municipality is responsible for their own match requirement; and WHEREAS Oakland County’s total required match, for both the Oakland County ATPA award and City of Detroit ATPA award, is $464,728 and is available in the General Fund non-departmental grant match account; and WHEREAS the award provides funding for the following positions with the Sheriff’s Office: one (1) Special Revenue (SR) Sergeant position (#4030915-10333) and five (5) SR Deputy II positions (#4030915 - 06108, 06109, 06147, 06148, and 10898); and WHEREAS the award provides funding for one (1) General Fund/General Purpose (GF/GP) position (#4030629-11149) contracted with the City of Pontiac; and WHEREAS the grant award includes funding for investigative supplies phones/pagers; vehicle lease and mileage, and overtime; and WHEREAS funding for (1) SR Deputy II position (#4030915-11067) in the Sheriff’s Office, who is assigned to the Detroit ATPA program, is continued through a separate ATPA grant awarded to the City of Detroit and confirmed by a letter of agreement dated August 14, 2014 naming Oakland County Sheriff’s Office as a participant in the Detroit ATPA grant award; and WHEREAS one (1) unmarked vehicle with radio, phone/pager, and overtime cost are included in the Detroit ATPA award; and WHEREAS this grant award was processed through the Board of Commissioners’ Grant Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts grant funding from the State of Michigan, Auto Theft Prevention Authority in the amount of $1,541,736; Oakland County’s required match is $464,728; other participating municipalities required match is $179,981; for the period of October 1, 2014 through September 30, 2015. BE IT FURTHER RESOLVED that one (1) SR Sergeant position (#4030915-10333) and five (5) SR Deputy II positions (#4030915-06108, 06109, 06147, 06148, and 10898) be continued in the Sheriff’s Office/Investigative & Forensic Services/Special Teams Unit. BE IT FURTHER RESOLVED that one (1) GF/GP Deputy II position (#4030629-11149) contracted by the City of Pontiac and reimbursed by the ATPA grant be continued in the Sheriff’s Office/Patrol Services/Pontiac Unit. 538 Commissioners Minutes Continued. October 8, 2014 BE IT FURTHER RESOLVED that one (1) Special Revenue Deputy II position (#4030915-11067) be continued in the Sheriff’s Office/Investigative & Forensic Services/Special Teams Unit; and is continued by letter of agreement authorizing the Sheriff’s Office to participate in the City of Detroit’s ATPA award. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant agreement and to approve any grant amendments, within fifteen percent (15%) of the original award, which are consistent with the original agreement as approved. BE IT FURTHER RESOLVED that continuation of this program, including positions, is subject to the Gosling Amendment and contingent upon continued future levels of grant funding. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Grant Review Sign Off – Sheriff’s Office Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #14234) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF’S OFFICE – FISCAL YEAR 2015 AUTOMOBILE THEFT PREVENTION AUTHORITY (ATPA) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Automobile Theft Prevention Authority (ATPA) has awarded Oakland County funding in the amount of $1,541,736 with a grant match of $644,709 for October 1, 2014 through September 30, 2015. 2. The ATPA encourages multijurisdictional agreements; Oakland County’s award includes one Detroit position and Detroit’s award includes one Oakland County position. 3. Oakland County’s award is $1,401,777 with a 41% required match of $574,729; and Oakland County’s portion of Detroit’s award is $139,959 with a 50% required match of $69,980. 4. The ATPA award includes funding of $962,799 for Oakland County Sheriff’s Office with a required match of $394,748. The award also includes funding for four other communities where Oakland County acts as fiduciary; that funding includes: $126,017 Farmington Hills Police Department with a required match of $51,667; $101,420 Hazel Park Police Department with a required match of $41,582; $106,236 Waterford Township Police Department with a required match of $43,557; and $105,305 Detroit Police Department with a required match of $43,175. 5. Oakland County was also awarded funding from the City of Detroit’s ATPA grant, which is confirmed by letter of agreement received from the ATPA dated August 14, 2014 allowing the Oakland County Sheriff’s Office to continue one (1) Special Revenue (SR), Deputy II position (#4030915-11067) in the Investigative and Forensic Services Division/Special Teams Unit. 6. The County’s total match amount of $464,728 ($394,748 Oakland County, $69,980 Oakland County portion of Detroit’s ATPA) is partially available in the Sheriff’s Office General Fund General Purpose (GF/GP) Transfer Out account in the amount of $334,086; with the balance of $130,642 available in the Non-Departmental Grant Match line item of the GF/GP budget. 7. This award continues funding for five (5) SR FTE Deputy II positions (#4030915-116270-06108, 06109, 06147, 06148, and 10898) and one (1) SR FTE Sergeant position (#4030915-116270-10333). 8. In addition funding for one (1) GF/GP position (#4030629-11149) is contracted with the City of Pontiac and is reimbursed by the ATPA. 9. Also provided in the grant award is funding for overtime, vehicles, Investigative Supplies, and Phones/Pagers. 10. In addition to the County match requirements, the County is expected to incur administrative and support costs of $70,538 for FY 2015, which has been included in the FY 2015 Budget. This grant does not allow for reimbursement of indirect costs. 539 Commissioners Minutes Continued. October 8, 2014 11. The FY 2015 budget is amended as follows: FY 2015 FY 2015 FY 2015 Adopted Adjustment Amended GENERAL FUND (#10100) Expenditures 9090101-196030-730800 Grant Match $ 1,160,000 ( $ 130,642 ) $ 1,029,358 4030901-116270-788001-27310 Transfer Out $ 334,086 $ 130,642 $ 464,728 Total General Fund Expenditures $ 1,494,086 $ 0 $ 1,494,086 SPECIAL REVENUE FUND (#27310) (GR #0000000377) Revenues 4030901-116270-695500-10100 Transfer In $ 325,197 $ 139,531 $ 464,728 4030901-116270-615571 Grants-State $ 541,524 $ 96,506 $ 638,030 Total Sheriff - ATPA Grant Revenues $ 866,721 $ 236,037 $ 1,102,758 Expenditures 4030901-116270-702010 Salaries $ 475,798 $ 66,382 $ 542,180 4030901-116270-712020 Overtime $ 31,198 ( $ 2,428 ) $ 28,770 4030901-116270-722750 Workers Comp. $ 12,400 $ 0 $ 12,400 4030901-116270-722760 Group Life $ 1,463 $ 0 $ 1,463 4030901-116270-722770 Retirement $ 134,244 $ 0 $ 134,244 4030901-116270-722780 Hospitalization $ 105,520 $ 0 $ 105,520 4030901-116270-722790 Social Security $ 36,398 $ 0 $ 36,398 4030901-116270-722800 Dental $ 7,893 $ 0 $ 7,893 4030901-116270-722810 Disability $ 6,889 $ 0 $ 6,889 4030901-116270-722820 Unemployment Insur. $ 1,520 $ 0 $ 1,520 4030901-116270-722850 Optical $ 638 $ 0 $ 638 4030901-116270-722900 Fringe Benefit Adj. $ 10,906 $ 79,381 $ 90,287 4030901-116270-778675 Telephone $ 400 $ 3,911 $ 4,311 4030901-116270-776661 Motor Pool $ 39,354 $ 40,646 $ 80,000 4030901-116270-750070 Deputy Supplies $ 2,100 $ 48,145 $ 50,245 Total Sheriff - ATPA Grant Expenditures $ 866,721 $ 236,037 $ 1,102,758 FINANCE COMMITTEE (The vote for this motion appears on page 542.) *MISCELLANEOUS RESOLUTION #14235 BY: Public Services Committee, Bill Dwyer, Chairperson IN RE: SHERIFF'S OFFICE – 2014 STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP) REIMBURSEMENT GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the United States Department of Justice, Bureau of Justice Assistance awarded Oakland County Grant Year 2014 expenditure reimbursement funding in the amount of $32,767 for its State Criminal Alien Assistance Program (SCAAP); and WHEREAS the reimbursement period covers July 1, 2012 through June 30, 2013; and WHEREAS the funding is reimbursement of Corrections Officers salaries (based on a prescribed formula) for those officers directly involved in the care and maintenance of alien inmates housed in the Oakland County Jail; and WHEREAS Oakland County has met the federal requirements necessary to accept the award; and WHEREAS no County match is required; and WHEREAS the acceptance of this grant does not obligate the County to any future commitment; and WHEREAS continuation of this program is contingent upon future levels of reimbursement program funding. 540 Commissioners Minutes Continued. October 8, 2014 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the Grant Year 2014 State Criminal Alien Assistance Program (SCAAP) Reimbursement award in the amount of $32,767 and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Grant Review Sign Off – Sheriff’s Office Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #14235) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF’S OFFICE – FISCAL YEAR 2014 STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP) REIMBURSEMENT GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The United States Department of Justice, Bureau of Justice Assistance, awarded Oakland County $32,767 in reimbursement funding for its State Criminal Alien Assistance Program. 2. The reimbursement period is July 1, 2012 through June 30, 2013. 3. No County match is required. 4. The 2014 funding represents a 24.91% increase from 2013 funding. 5. The receipt of the award will be posted in FY 2015. 6. No budget amendments are recommended. FINANCE COMMITTEE Vote on Consent Agenda: AYES: Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Matis, McGillivray, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic, Crawford. (20) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). There were no items to report on the Regular Agenda for the Finance Committee. REPORT (APPT DHS) BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – APPOINTMENT TO THE MICHIGAN DEPARTMENT OF HUMAN SERVICES – OAKLAND COUNTY DHS AGENCY BOARD To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered this appointment on September 29, 2014, hereby recommends that Sherrie Ross be appointed to the Michigan Department of Human Services – Oakland County DHS Agency Board to serve a three-year term beginning November 1, 2014 and ending October 31, 2017. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Copy of Sherrie Connalisha Ross Oakland County Board of Commissioners Application for Appointment to Boards, Committee and Commissions on file in County Clerk’s office. Moved by Crawford supported by Jackson the General Government Committee Report be accepted. 541 Commissioners Minutes Continued. October 8, 2014 A sufficient majority having voted in favor, the report was accepted. Moved by Crawford supported by Jackson the appointment of Sherrie Ross to the Michigan Department of Human Services – Oakland County DHS Agency Board for a Three-Year Term beginning November 1, 2014 and ending October 31, 2017 be confirmed. Vote on appointment: AYES: Gershenson, Gingell, Gosselin, Hatchett Hoffman, Jackson, Matis, McGillivray, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic, Crawford, Dwyer. (20) NAYS: None. (0) A sufficient majority having voted in favor, the appointment of Sherrie Ross to the Michigan Department of Human Services - Oakland County DHS Agency Board for a Three-Year Term beginning November 1, 2014 and ending October 31, 2017 was confirmed. REPORT (MISC. #14202) BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – SUPPORT OF REROUTING THE PROPOSED ET ROVER PIPELINE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above referenced resolution on September 29, 2014, reports with the recommendation the resolution be adopted as follows: WHEREAS the pipeline is merely a “pass through” and will provide not supply energy to Oakland County residents and does not supply natural gas to Michigan citizens beyond the MichCon delivery point in Livingston County; and WHEREAS the construction of the pipeline will have a significant impact on private landowner’s property with the pipeline needing a 50 foot permanent right of way and an additional 50 feet during the construction process according the Federal Energy Regulatory Commission; and WHEREAS if an amicable agreement cannot be reached, the utilities have the ability to seek to take private property through eminent domain; and WHEREAS the Charter Township of Brandon, the Township of Groveland and other local governments have adopted resolutions in opposition to the current proposed route and placed these objections on file with the Federal Energy Regulatory Commission; and WHEREAS the headwaters to the Flint River and Clinton River watersheds fall within the proposed route of the pipeline and a rupture to the line could have devastating effects on bodies of water that millions of people rely upon; and WHEREAS a utility accident as recently as 2010 in Marshall, Michigan polluted 25 miles of the Kalamazoo River and cost more the $1 billion in clean-up costs to date; and WHEREAS the communities along the route have invested heavily in protecting the natural features such as woodlands and wetlands that would be heavily disrupted by the proposed route; and WHEREAS the population of the communities in Oakland County along the proposed route have experienced rapid population growth and are no longer rural in nature; and WHEREAS communities with less population and fewer sensitive resources are within a reasonable distance to the north; and WHEREAS the Federal Energy Regulatory Commission is now hearing comment on the proposed route it is appropriate for Oakland County to take action to protect citizen’s property rights and our natural resources.” Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #14202 BY: Commissioner Michael Spisz, District #3; Bob Hoffman, District #2 IN RE: BOARD OF COMMISSIONERS – SUPPORT OF REROUTING THE PROPOSED ET ROVER PIPELINE 542 Commissioners Minutes Continued. October 8, 2014 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the proposed route of the ET Rover pipeline through Oakland County will result in significant property damage and economic loss through populated areas; and WHEREAS no net long term economic benefit will result from the disruption caused by the ET Rover pipeline construction; and WHEREAS the pipeline is merely a “pass through” and will provide not supply energy to Oakland County residents and does not supply natural gas to Michigan citizens beyond the MichCon delivery point in Livingston County; and WHEREAS the construction of the pipeline will have a significant impact on private landowner’s property with the pipeline needing a 50 foot permanent right of way and an additional 50 feet during the construction process according the Federal Energy Regulatory Commission; and WHEREAS if an amicable agreement cannot be reached, the utilities have the ability to seek to take private property through eminent domain; and WHEREAS the Charter Township of Brandon, the Township of Groveland and other local governments have adopted resolutions in opposition to current proposed route and placed these objections on file with the Federal Energy Regulatory Commission; and WHEREAS the headwaters to the Flint River and Clinton River watersheds fall within the proposed route of the pipeline and a rupture to the line could have devastating effects on bodies of water that millions of people rely upon; and WHEREAS a utility accident as recently as 2010 in Marshall, Michigan polluted 25 miles of the Kalamazoo River and cost more the $1 billion in clean-up costs to date; and WHEREAS the communities along the route have invested heavily in protecting the natural features such as woodlands and wetlands that would be heavily disrupted by the proposed route; and WHEREAS the population of the communities in Oakland County along the proposed route have experienced rapid population growth and are no longer rural in nature; and WHEREAS communities with less population and fewer sensitive resources are within a reasonable distance to the north; and WHEREAS the Federal Energy Regulatory Commission is now hearing comment on the proposed route it is appropriate for Oakland County to take action to protect citizen’s property rights and our natural resources. NOW THEREFORE BE IT RESOLVED that Oakland County shall express its support in comment for re- routing the proposed ET Rover pipeline before the Federal Energy Regulatory Commission. BE IT FURTHER RESOLVED that the Federal Energy Regulatory Commission be informed of the sensitive nature resources in the current proposed route of the ET Rover pipeline, the number of citizens and waterways that would be effected by a potential environmental contamination in the Flint and Clinton River watersheds, and data regarding the property values that would be effected. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this resolution as a comment before the Federal Energy Regulatory Commission and sent to U.S. Senator Debbie Stabenow, U.S. Senator Carl Levin, U.S. Representative Mike Rogers, Governor Rick Snyder, Senator Dave Robertson, Representative Brad Jacobson, Oakland County Executive L. Brooks Patterson and Oakland County Townships along the proposed pipeline route. Chairperson, I move the adoption of the foregoing Resolution. MIKE SPISZ, JOHN SCOTT, PHIL WEIPERT, JIM RUNESTAD, DAVE WOODWARD, BOB HOFFMAN, MATTIE HATCHETT, HELAINE ZACK, JANET JACKSON, SHELLEY TAUB, GARY MCGILLIVRAY, TOM MIDDLETON Moved by Crawford supported by Hatchett the resolution be adopted. Moved by Crawford supported by Hatchett the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Crawford supported by Hatchett the resolution be amended to coincide with the recommendation in the General Government Committee Report. 543 Commissioners Minutes Continued. October 8, 2014 A sufficient majority having voted in favor, the amendment carried. Vote on resolution, as amended: AYES: Gingell, Gosselin, Hatchett, Hoffman, Jackson, Matis, McGillivray, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic, Crawford, Dwyer, Gershenson. (20) NAYS: None. (0) A sufficient majority having voted in favor, the resolution, as amended, was adopted. REPORT (MISC. #14228) BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR SENATE BILL 1023 TO RETURN CONTROL FOR THE REGULATION OF FIREWORKS TO LOCAL GOVERNMENTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above referenced resolution on September 29, 2014, reports with the recommendation the resolution be adopted as follows: “MISCELLANEOUS RESOLUTION #14228 BY: Commissioner Dave Woodward, District #19; Commissioner Mike Bosnic, District #16 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR SENATE BILL 1023 TO RETURN CONTROL FOR THE REGULATION OF FIREWORKS TO LOCAL GOVERNMENTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS prior to the enactment of PA 256 of 2011, Michigan granted broad powers to local governments to regulate the ignition and discharge of fireworks; and WHEREAS the preemption clause of PA 256 of 2011 prohibits local governments from providing effective appropriate regulations that citizens are requesting; and WHEREAS lack of respect of local control has created a situation where the lack of appropriate regulation has caused serious problems, especially in urbanized areas; and WHEREAS noise related complaints from fireworks are creating serious problems for citizens, such as sleep deprivation and decreased productivity, and local governments are unable to provide adequate remedies; and WHEREAS the City of Auburn Hills experienced an 88% increase in fireworks related complaints since the adoption of PA 256; and WHEREAS municipalities throughout Oakland County are reporting significant numbers of fireworks related complaints; and WHEREAS a “one size fits all” approach to fireworks regulation is clearly not working and a return to local control would allow appropriate conduct for varying environments to be taken into account. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners expresses its support for Senate Bill 1023 to return control of fireworks regulation to local governments. 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; the Michigan Press Association and the Oakland County legislative lobbyists.” Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #14228 BY: Commissioners Dave Woodward, District #19; Mike Bosnic, District #16 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR SENATE BILL 1023 TO RETURN CONTROL FOR THE REGULATION OF FIREWORKS TO LOCAL GOVERNMENTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: 544 Commissioners Minutes Continued. October 8, 2014 WHEREAS prior to the enactment of PA 256 of 2011, Michigan granted broad powers to local governments to regulate the ignition and discharge of fireworks; and WHEREAS the preemption clause of PA 256 of 2011 prohibits local governments from providing effective appropriate regulations that citizens are requesting; and WHEREAS lack of respect of local control has created a situation where the lack of appropriate regulation has caused serious problems, especially in urbanized areas; and WHEREAS noise related complaints from fireworks are creating serious problems for citizens, such as sleep deprivation and decreased productivity, and local governments are unable to provide adequate remedies; and WHEREAS the City of Auburn Hills experienced an 88% increase in fireworks related complaints since the adoption of PA 256; and WHEREAS municipalities throughout Oakland County are reporting significant numbers of fireworks related complaints; and WHEREAS a “one size fits all” approach to fireworks regulation is clearly not working and a return to local control would allow appropriate conduct for varying environments to be taken into account. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners expresses its support for Senate Bill 1023 to return control of fireworks regulation to local governments. 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; the Michigan Press Association and the Oakland County legislative lobbyists. Chairperson, I move the adoption of the foregoing Resolution. DAVE WOODWARD, MIKE BOSNIC, GARY MCGILLIVRAY, MARCIA GERSHENSON, HELAINE ZACK, NANCY QUARLES, MIKE SPISZ, JANET JACKSON Moved by Crawford supported by Zack the resolution be adopted. Moved by Crawford supported by Zack the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Crawford supported by Zack the resolution be amended to coincide with the recommendation in the General Government Committee Report. A sufficient majority having voted in favor, the amendment carried. Vote on resolution, as amended: AYES: Gosselin, Hatchett, Hoffman, Jackson, Matis, McGillivray, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic, Crawford, Dwyer, Gershenson, Gingell. (20) NAYS: None. (0) A sufficient majority having voted in favor, the resolution, as amended, was adopted. REPORT (MISC. #14229) BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – ADOPTION OF ARTICLES OF INCORPORATION ESTABLISHING THE GREAT LAKES WATER AUTHORITY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above referenced resolution on September 29, 2014, reports with the recommendation the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. 545 Commissioners Minutes Continued. October 8, 2014 GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #14229 BY: Commissioner Michael J. Gingell, District #1 IN RE: BOARD OF COMMISSIONERS – ADOPTION OF ARTICLES OF INCORPORATION ESTABLISHING THE GREAT LAKES WATER AUTHORITY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS on March 1, 2013 the City of Detroit was declared to be in a state of financial emergency, on March 14, 2013 an emergency manager was appointed to oversee Detroit’s financial operations and on July 18, 2013, the City filed for bankruptcy protection under Chapter 9 of the Bankruptcy Code; and WHEREAS as part of the bankruptcy process the City’s Emergency Manager approached Oakland, Wayne and Macomb County with a proposal to create a regional water and sewer authority to lease the assets of the Detroit Water and Sewer Department (DWSD), a system then serving some 4 million residents and thousands of businesses in southeast Michigan; and WHEREAS 1955 PA 233 (Act 233) authorizes any 2 or more municipalities to incorporate an authority for the purpose of acquiring, owning, improving, enlarging, extending, and operating a sewage disposal system, a water supply system, or a combination of systems by the adoption of articles of incorporation by the legislative bodies of each of the municipalities; and WHEREAS after 15 months of negotiation, including five months of Federal Court-ordered confidential mediation, the County Executives of Oakland, Wayne and Macomb Counties and the Mayor of the City of Detroit, with the support of the Oakland County Water Resources Commissioner, executed a Memorandum of Understanding (MOU) (incorporated herein as Exhibit 1) agreeing to submit to their respective legislative bodies the question of adopting the Articles of Incorporation (incorporated herein as Exhibit 2) to create a Great Lakes Water Authority (GLWA) for the purpose of establishing a regional authority under Act 233 to lease and operate the common-to-all and regional assets of the DWSD; and WHEREAS the provision of clean water supplies and the safe and cost effective disposal of sewage and storm water runoff is essential to the personal and economic health, safety and welfare of our community; and WHEREAS DWSD’s water system currently serves approximately 837,044 residents from 340,262 households in 35 Oakland County communities; and WHEREAS DWSD’s sewer assets serve approximately 849,962 residents from 345,513 households in 36 Oakland County communities; and WHEREAS the County Executive asserts that the opportunity to form a regional water and sewer authority in a form consistent with the attached MOU and Articles of Incorporation is in the best interest of the residents, ratepayers and taxpayers of Oakland County, the southeast Michigan region and the State of Michigan; and WHEREAS the GLWA as contemplated in the MOU contains the following essential elements and protections in favor of Oakland County residents: 1. The GLWA has no taxing power. 2. There is no Oakland County General fund obligation for the creation or operation of the GLWA. 3. The City of Detroit maintains responsibility for its own, local (retail) water and sewer system. 4. The GLWA will be operated by a regional 6 member Board, with 3 members representing counties, one state appointee representing areas served by DWSD outside of the City of Detroit and the Counties of Wayne, Oakland and Macomb and 2 members representing the City. 5. Ratepayers are protected by supermajority voting requirements meaning major issues require 5 out of 6 votes for approval. Major issues include appointment of an executive director, approval of rates, fees and charges and rate setting protocols, issuance of debt which shall be revenue backed debt, approval of an annual operating budget, annual approval of a rolling Five Year Capital Improvement Plan, adoption of a procurement policy, approval of the lease of systems from the City, removal of a board member for cause and the determination of any compensation for Board Members which shall be consistent with practices for other large public utilities. 6. The GLWA will lease regional assets from the City for a term of 40 years for $50 million per year. These assets include approximately 400 miles of regional water mains, 360 miles of regional sewer pipe, 5 water filtration plants, the Jefferson Avenue Sewage Treatment Plant and a number of retention basins and pump stations. 546 Commissioners Minutes Continued. October 8, 2014 7. All lease payments must stay within the system to fix the City’s failing infrastructure. Detroit must use the $50 million annual lease payment only for capital improvements to the system and may not use them to support payments to its general fund. The Detroit local system has suffered more than 5,000 water main breaks the last three years, and the rate of incidents is rising dramatically. The City must use these funds for the repair and rebuilding of the City’s local water system under DWSD, to build more capacity for storm water events, or to contribute to the City’s share of the costs of GLWA’s capital improvements. 8. The lease payments can support bond issues to speed up City water and sewer system repair and rebuilding. If the City chooses to bond (rather than contract and repair on an annual basis), the GLWA lease payments will fund the debt service (principal and interest) associated with potentially $500-800 million in bond issues to allow the City to move quickly to rebuild its deteriorating local water and sewer system. 9. The City remains solely responsible for paying its local system operating costs. Detroit retains and takes full responsibility for billing and collection for the Detroit local system, including the inability to collect from its residents and businesses. Any collection shortfalls will be the responsibility of Detroit only, and not any other community. 10. A regional $4.5 million Water Resources Affordability Fund (WRAP) will be created to assist those most in need throughout the entire GLWA area. The GLWA will create a WRAP with a dedicated contribution of 0.5% of revenues (a figure consistent with other water and sewer programs nationally). The first year’s funding will be approximately $4.5 million (based on FY-2015 operating budget), and is expected to grow annually as revenues increase. 11. Revenue requirement rate increases to be limited to no more than 4% a year for 10 years. Based on an extensive analysis by several financial experts, the parties believe that the savings resulting from actions taken in bankruptcy, lower financing costs, better energy usage, and more efficient operations, will allow the GLWA to make these payments within existing and already projected revenues and operate on annual revenue increases of no more than 4% a year for the next 10 years. Individual communities might have differing rates if they choose to make additional improvements to their local systems, use water and sewer equity in lieu of imposing rate increases, and for other causes specific to their local system. The parties have retained a consultant, Veolia, to do an independent review to validate the revenue assumption and perform other due diligence necessary to formulate a strategic plan upon the launch of the Authority. The parties have the right to opt out of the deal if the review shows that the 4% annual revenue requirement limit will not be able to be achieved. 12. All current collective bargaining contracts will be honored. Of the approximately 1,400 current DWSD employees, it is expected that approximately 500 will stay at the City’s DWSD with no change in their employment status or collective bargaining agreement. Approximately 900 workers are expected to transfer to GLWA. GLWA will become a successor employer and, as is required by Michigan law, will assume and honor all DWSD collective bargaining agreements. 13. All current customer contracts will be honored. Counties, cities, villages, townships and authorities currently under contract with the DWSD will have their existing contracts honored in full and will realize the benefits of the contracts as they previously bargained for. 14. The GLWA to be up and running in 200 days. The formal start of the GLWA will occur within 200 days of its legal formation (on or about April 27, 2015), subject to the due diligence process, obtaining the necessary legal approvals, and execution of the final documents; and WHEREAS the MOU requires approval of the proposed GLWA Articles of Incorporation by County Boards of Commissioners is by October 10, 2014; and WHEREAS if the City and at least one other county have acted by October 10, 2014, 1955 PA 233 provides that the GLWA will be created and the Memorandum of Agreement will be in effect. If any of the counties have not acted by October 10, or if they choose to reject the Articles, the Governor will appoint the representative from that county and be subject to the provision of Act 233 that provides that the charges or rates charged for services to a non-constituent municipality may be greater than those to constituent municipalities; and WHEREAS in order to secure the benefits provided in the MOU and Articles noted above, avoid a forced resolution crafted solely by the City Emergency Manager, and avoid the application of Section 290 of Act 233 allowing the imposition of greater rates on municipalities that do not become incorporating municipalities, the County Executive and the Oakland County Water Resources Commissioner 547 Commissioners Minutes Continued. October 8, 2014 recommend the Board of Commissioners approve the Articles of Incorporation attached hereto as Exhibit 2. NOW THERFORE BE IT RESOLVED the Oakland County Board of Commissioners hereby adopt the Articles of Incorporation attached hereto as Exhibit 2 creating the Great Lakes Water Authority. BE IT FURTHER RESOLVED that the fact of adoption shall be endorsed on such articles of incorporation by the chairperson of the Oakland County Board of Commissioners and the Clerk of Oakland County in the manner provided in MCL 124.282. BE IT FURTHER RESOLVED that the Oakland County Clerk shall cause the Articles of Incorporation shall be published at least once in the Detroit News, a Detroit Media Partnership newspaper of general circulation, and the Clerk shall cause one printed copy of the Articles of Incorporation certified as a true copy with the date and place of the publication to be filed with the secretary of state and with the Clerk of Oakland County, Wayne County and Macomb County. Chairperson, I hereby move adoption of this resolution. MICHAEL GINGELL, SHELLEY TAUB, MICHAEL SPISZ, JEFF MATIS, TOM MIDDLETON, KATHY CRAWFORD, BOB HOFFMAN, PHIL WEIPERT, JOHN SCOTT, BILL DWYER, CHRISTINE LONG, MIKE BOSNIC Copy of Exhibit 2 Articles of Incorporation of Great Lakes Water Authority, Memorandum of Understanding regarding the formation of the Great Lakes Water Authority Incorporate by Reference. Original on file in County Clerk’s office. Moved by Crawford supported by McGillivray the resolution be adopted. Moved by Crawford supported by McGillivray the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Discussion followed. Moved by Woodward supported by Gershenson the resolution be amended as follows: BE IT FURTHER RESOLVED that the fact of adoption shall be endorsed on such articles of incorporation by the chairperson of the Oakland County Board of Commissioners and the Clerk of Oakland County in the manner provided in MCL 124.282. BE IT FURTHER RESOLVED THAT PURSUANT TO PA 139 OF 1973 SECTION 6. (H), THE BOARD OF COMMISSIONERS IS EXPRESSLY PERMITTED TO APPOINT MEMBERS OF A BOARD, COMMISSION OR AUTHORITY, THE BOARD OF COMMISSIONERS EXERCISES THIS RIGHT TO REQUIRE THEIR CONSENT TO THE NOMINATIONS OF THE COUNTY EXECUTIVE TO THE GREAT LAKES WATER AUTHORITY. BE IT FURTHER RESOLVED THAT THE BOARD OF COMMISSIONERS FURTHER REQUIRES THAT ALL NOMINATIONS FOR THE GREAT LAKES WATER AUTHORITY BOARD ARE RATEPAYERS RECEIVING SEWAGE TREATMENT AND PUBLIC WATER SUPPLY FROM THE AUTHORITY. BE IT FURTHER RESOLVED that the Oakland County Clerk shall cause the Articles of Incorporation shall be published at least once in the Detroit News, a Detroit Media Partnership newspaper of general circulation, and the Clerk shall cause one printed copy of the Articles of Incorporation certified as a true copy with the date and place of the publication to be filed with the secretary of state and with the Clerk of Oakland County, Wayne County and Macomb County. 548 Commissioners Minutes Continued. October 8, 2014 Vote on amendment: AYES: Hatchett, Hoffman, Jackson, McGillivray, Quarles, Woodward, Zack, Gershenson. (8) NAYS: Matis, Middleton, Runestad, Scott, Spisz, Taub, Weipert, Bosnic, Crawford, Dwyer, Gingell, Gosselin. (12) A sufficient majority having not voted in favor, the amendment failed. Discussion followed. Vote on resolution as is: AYES: Hoffman, Jackson, Matis, McGillivray, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Zack, Bosnic, Crawford, Dwyer, Gingell, Gosselin, Hatchett. (18) NAYS: Woodward, Gershenson. (2) A sufficient majority having voted in favor, the resolution was adopted. There were no items to report on the Regular Agenda for the Human Resources Committee. REPORT (MISC. #14225) BY: Planning and Building Committee, Jim Runestad, Chairperson IN RE: BOARD OF COMMISSIONERS – ANALYSIS OF ANIMAL CONTROL SHELTER/PET ADOPTION CENTER AND ASSESSMENT OF FACILITY NEEDS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having considered the above titled resolution on September 30, 2014 hereby recommends that the resolution be adopted. Chairperson, on behalf of the Planning and Building Committee, I move the acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE MISCELLANEOUS RESOLUTION #14225 BY: Commissioner Shelley Goodman Taub, District #12; Commissioner Michael Spisz, District #3; Commissioner Bill Dwyer, District #14; Commissioner Marcia Gershenson, District #13; Commissioner Helaine Zack, District #18 IN RE: BOARD OF COMMISSIONERS – ANALYSIS OF ANIMAL CONTROL SHELTER/PET ADOPTION CENTER AND ASSESSMENT OF FACILITY NEEDS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the current Oakland County Animal Control Shelter and Pet Adoption Center was purchased from the Michigan Humane Society in 1980; and WHEREAS the population of animals in Oakland County has grown over the last several decades; and WHEREAS Oakland County has taken over the responsibility of providing animal control services for significantly more local communities over the past several years; and WHEREAS the Board of Commissioners desires to ensure that the staff and volunteers at the Animal Control Shelter and Pet Adoption Center have the best possible environment in order to encourage the adoption of healthy pets. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners requests Facilities Management to initiate a facility needs and assessment analysis for the Animal Control and Pet Adoption facilities. BE IT FURTHER RESOLVED that the Board of Commissioners requests that the report include, but not be limited to: • An assessment of the current facilities and their ability to meet requirements for the current and likely future intake of animals, their care, adequate housing and treatment. • An overall evaluation of the existing shelter site, constraints on the facilities, investments that may be necessary to provide an improved environment for staff, visitors and animals, technological or any upgrades otherwise recommended by staff. 549 Commissioners Minutes Continued. October 8, 2014 • An analysis of requirements (i.e. cost estimates) and potential sites for the construction of a new shelter and adoption center. BE IT FURTHER RESOLVED that the Board of Commissioners requests that the results of this analysis be presented within six months of the adoption of this resolution. Chairperson, I move the adoption of the foregoing Resolution. SHELLEY TAUB, MICHAEL SPISZ, BILL DWYER, MARCIA GERSHENSON, HELAINE ZACK, GARY MCGILLIVRAY, TOM MIDDLETON, DAVE WOODWARD, KATHY CRAWFORD, PHILIP WEIPERT, JANET JACKSON Moved by Runestad supported by Hatchett the resolution be adopted. Moved by Runestad supported by Hatchett the Planning and Building Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Discussion followed. Moved by Taub supported by Quarles the resolution be amended as follows: Amend the last BE IT FURTHER RESOLVED paragraph, as follows: BE IT FURTHER RESOLVED that the Board of Commissioners requests that the results of this analysis be presented to the Planning and Building Committee within six months of the adoption of this resolution. Vote on amendment: AYES: Jackson, Matis, McGillivray, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman. (20) NAYS: None. (0) A sufficient majority having voted in favor, the amendment carried. Vote on resolution, as amended: AYES: Matis, McGillivray, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson. (20) NAYS: None. (0) A sufficient majority having voted in favor, the resolution, as amended, was adopted. MISCELLANEOUS RESOLUTION #14236 BY: Planning and Building, Jim Runestad, Chairperson IN RE: PARKS AND RECREATION COMMISSION – FOOD AND BEVERAGE SERVICES POSITION CREATIONS AND TRANSFERS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County Parks & Recreation strives to be recognized as a “World Class” park system that provides quality services in all areas; and WHEREAS In the fall of 2013, Oakland County Parks & Recreation received notice that Kosch Catering would be exercising their right to terminate the operations for concessions with the required 365 day notice; and WHEREAS the Parks and Recreation Commission’s Food & Beverage Committee decided to prepare and issue an RFP for contracting a food and beverage consultant to assist with the evaluation of all park operations that provide food and beverage service; and. WHEREAS Global Management Amusement Professionals was chosen as that vendor; and 550 Commissioners Minutes Continued. October 8, 2014 WHEREAS Oakland County Parks & Recreation retained Global Management Amusement Professionals to assist in developing a first-class food and beverage operation at the golf courses, campgrounds and waterparks; and WHEREAS consultants and staff spent a number of days visiting, observing, and evaluating the food and beverage operations at all Parks & Recreation locations and have recommended to the Food & Beverage Committee to move to self-operation of the concessions at Groveland Oaks Campground, Red Oaks Waterpark and Waterford Oaks Waterpark; and WHEREAS the BUSINESS reasons for this recommendation are: • Very limited number of bid responses have been received in the past • Previous vendors were not focused on providing the best customer service and food quality, given that their primary focus was on banquet operations, causing damage to the customer experience and image that Parks is left to repair. • Oakland County Parks historically has only received a small amount of commission revenue from this operation and has not been able to cover costs of providing food and beverage; with this plan we believe we can fully cover our costs and help offset some of the expenses from operating the rest of each park. • An investment is needed in each facility to modernize them and allow for a better customer experience, many facilities have not been updated since they were originally built 25-30 years ago. • With the help of experts in the field, Parks will be able to at least break even or return a respectful net of revenue over expenses after getting established while also providing a better experience for the guests and; WHEREAS in order to successfully track the success and transition from a 3rd party operator to self-operations, Oakland County Parks & Recreation is recommending the creation of three (3) new budget centers for all related revenues and expenditures relative to concession operations; and WHEREAS within these new budget centers, positions will be created and transferred to allow for the tracking of labor costs as shown below; and. 5060420 P & R Groveland Oaks Park Concessions GRC 5060431 P & R Red Oaks Waterpark Concessions RWC 5060437 P & R Waterford Waterpark Concessions WWC WHEREAS this reorganization creates and realigns positions to meet the requirements of this new food and beverage services plan; and WHEREAS the Parks Commission has reviewed and approved these changes. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the Parks & Recreation Department position creations and transfers as shown below. 1. To create three (3) new budget centers for all revenues and expenditures related to concession operations including staffing: 5060420 P & R Groveland Oaks Park Concessions GRC 5060431 P & R Red Oaks Waterpark Concessions RWC 5060437 P & R Waterford Waterpark Concessions WWC 2. a. To create the following new classifications: Classification Title Salary Grade/Range Overtime Exemption Food and Beverage Coordinator 09 Non Exempt Food Service Worker $10.50 per hour Base $11.10 per hour 1 Year Non Exempt b. To create the following full-time eligible Proprietary (PR) funded position: Quantity Position Title Location Name (Number) 1 Food and Beverage Coordinator Administrative Services (5060101) 551 Commissioners Minutes Continued. October 8, 2014 3. To create the following PTNE 1,000 hour per year Proprietary (PR) funded positions: Quantity Position Title Location Name 2 Food Service Worker Waterford Waterpark Concessions (5060437) 3 Food Service Worker Red Oaks Waterpark Concessions (5060431) 2 Food Service Worker Groveland Oaks Park Concessions (5060420) 1 Seasonal Program Specialist Groveland Oaks Park Concessions (5060420) 1 Seasonal Program Specialist Waterford Waterpark Concessions (5060437) 1 Seasonal Program Specialist Red Oaks Waterpark Concessions (5060431) 4. To transfer the following positions within Parks & Recreation: From To Pos # Position Title Unit Location # Unit Name Unit Location # Unit Name 04345 Parks & Rec Attendant 5060831 Red Oaks Waterpark 5060431 Red Oaks Waterpark Concessions 04350 Parks & Rec Attendant 5060831 Red Oaks Waterpark 5060431 Red Oaks Waterpark Concessions 04351 Parks & Rec Attendant 5060831 Red Oaks Waterpark 5060431 Red Oaks Waterpark Concessions 04445 Parks & Rec Attendant 5060831 Red Oaks Waterpark 5060431 Red Oaks Waterpark Concessions 05813 Parks & Rec Attendant 5060831 Red Oaks Waterpark 5060431 Red Oaks Waterpark Concessions 04218 Parks & Rec Attendant 5060326 White Lakes Oaks Golf Course 5060431 Red Oaks Waterpark Concessions 07013 Parks & Rec Attendant 5060327 Glen Oaks Golf Course 5060431 Red Oaks Waterpark Concessions 04233 Parks & Rec Attendant 5060327 Glen Oaks Golf Course 5060431 Red Oaks Waterpark Concessions 04230 Parks & Rec Attendant 5060327 Glen Oaks Golf Course 5060431 Red Oaks Waterpark Concessions 04231 Parks & Rec Attendant 5060327 Glen Oaks Golf Course 5060431 Red Oaks Waterpark Concessions 04232 Parks & Rec Attendant 5060327 Glen Oaks Golf Course 5060431 Red Oaks Waterpark Concessions 04239 Parks & Rec Attendant 5060327 Glen Oaks Golf Course 5060431 Red Oaks Waterpark Concessions 06773 Parks & Rec Attendant 5060327 Glen Oaks Golf Course 5060431 Red Oaks Waterpark Concessions 04229 Parks & Rec Attendant 5060327 Glen Oaks Golf Course 5060431 Red Oaks Waterpark Concessions 09745 Parks & Rec Attendant 5060330 Springfield Oaks Golf Course 5060431 Red Oaks Waterpark Concessions 09743 Parks & Rec Attendant 5060330 Springfield Oaks Golf Course 5060420 Groveland Oaks Park Concessions 09741 Parks & Rec Attendant 5060330 Springfield Oaks Golf Course 5060420 Groveland Oaks Park Concessions 552 Commissioners Minutes Continued. October 8, 2014 From To Pos # Position Title Unit Location # Unit Name Unit Location # Unit Name 09742 Parks & Rec Attendant 5060330 Springfield Oaks Golf Course 5060420 Groveland Oaks Park Concessions 09744 Parks & Rec Attendant 5060330 Springfield Oaks Golf Course 5060420 Groveland Oaks Park Concessions 09968 Parks & Rec Attendant 5060356 Lyon Oaks Golf Course 5060420 Groveland Oaks Park Concessions 08164 Parks & Rec Attendant 5060837 Waterford Oaks Waterpark 5060437 Waterford Waterpark Concessions 08165 Parks & Rec Attendant 5060837 Waterford Oaks Waterpark 5060437 Waterford Waterpark Concessions 08166 Parks & Rec Attendant 5060837 Waterford Oaks Waterpark 5060437 Waterford Waterpark Concessions 08167 Parks & Rec Attendant 5060837 Waterford Oaks Waterpark 5060437 Waterford Waterpark Concessions 08168 Parks & Rec Attendant 5060837 Waterford Oaks Waterpark 5060437 Waterford Waterpark Concessions 06441 Parks & Rec Attendant 5060715 Addison Oaks Park 5060437 Waterford Waterpark Concessions 06430 Parks & Rec Attendant 5060715 Addison Oaks Park 5060437 Waterford Waterpark Concessions 06429 Parks & Rec Attendant 5060715 Addison Oaks Park 5060437 Waterford Waterpark Concessions 07962 Parks & Rec Attendant 5060755 Lyon Oaks Park 5060437 Waterford Waterpark Concessions 09970 Parks & Rec Attendant 5060356 Lyon Oaks Golf Course 5060437 Waterford Waterpark Concessions 09951 Parks & Rec Attendant 5060735 Waterford Oaks Activity Center & Park 5060437 Waterford Waterpark Concessions 09952 Parks & Rec Attendant 5060735 Waterford Oaks Activity Center & Park 5060437 Waterford Waterpark Concessions BE IT FURTHER RESOLVED that the Parks and Recreation Commission report back to the Planning and Building Committee within two years on this reorganization. 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 Parks and Recreation Commission Resolution, GRC 5060420 Groveland Oaks Concession, RWC 5060431 Red Oaks Concession, WWC 5060437 Waterford Oaks Concession FY-2014-2017 Budget/Revised Budget on file in County Clerk’s office. The Chairperson referred the resolution to the Human Resources Committee and the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #14237 BY: Planning and Building Committee, James Runestad, Chairperson IN RE: WATER RESOURCES COMMISSIONER – TRANSFER OF COMMERCE TOWNSHIP/HURON VALLEY HOSPITAL BACK-UP WELL SITE PROPERTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: 553 Commissioners Minutes Continued. October 8, 2014 WHEREAS Oakland County holds legal title to a certain piece of property located in the Charter Township of Commerce formerly used as a back-up well site for the Huron Valley Hospital, and which is no longer needed for its intended purpose; and WHEREAS, the Charter Township of Commerce has requested that the County divest itself and transfer all title and interest in the well site property to Huron Valley Hospital; and WHEREAS, there is no outstanding debt or other indebtedness with respect to the finance, design or construction of the site that would otherwise prohibit the transfer of property interests. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby transfers and assigns all County interest in the back-up well site property. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or designee to execute a Quit Claim deed in substantially the form attached hereto, in favor of the Huron Valley Hospital and any other necessary property transfer documents, to effectuate the transfer of the said back-up well site property. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Oakland County Water Resources Commissioner Memorandum from John A. Basch, Senior Attorney, Correspondence from Thomas K. Zoner, Charter Township of Commerce Supervisor, Correspondence from Wesley Weeks, Tenet, Senior Counsel, Quit Claim Deed, Exhibit “A”, Exhibit A-1 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 #14238 BY: Planning and Building Committee, James Runestad, Chairperson IN RE: WATER RESOURCES COMMISSIONER – RENOVATION OF THE BUILDING AT 522 S. OPDYKE ROAD, PONTIAC, MI. To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Water Resources Commissioner’s (WRC) office plans to renovate and occupy the building located at 522 S. Opdyke Road, Pontiac, Michigan with operations and maintenance units; and WHEREAS the operations and maintenance units are identified as System Controls, Water Metering and Water Maintenance serving the northern portion of Oakland County; and WHEREAS the building located at 522 S. Opdyke Road, Pontiac, Michigan was constructed in 1962 and is in need of repair and renovations; and WHEREAS on October 1, 2014, the WRC will be taking full responsibility of the maintenance for the City of Pontiac water system; and WHEREAS additional staff, equipment and facilities are necessary for the efficient operation of the units and to enable them to respond to emergency situations throughout the region in a more timely manner; and WHEREAS the Act 342 Agreement established in FY 2012 between the City of Pontiac and Oakland County transferred the operations of the entire Pontiac water and sewer systems and associated assets including the building located at 522 S. Opdyke Road, Pontiac, Michigan; and WHEREAS the estimated costs of the renovation is $1,918,379 and will be funded from the various Water and Sewer Systems that are operated and maintained by the Water Resources Commissioner. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the renovation of the building located at 522 S. Opdyke Road in Pontiac, Michigan in the amount of $1,918,379. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Oakland County Water Resources Commissioner Memorandum from Navid H. Mehram, P.E., Operations Engineer Building Renovations Estimate Costs on file in County Clerk’s office. 554 Commissioners Minutes Continued. October 8, 2014 The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #14239 BY: Planning and Building Committee, Jim Runestad, Chairperson IN RE: WATER RESOURCES COMMISSIONER – CITY OF PONTIAC WASTEWATER TREATMENT FACILITY DRAINAGE DISTRICT DRAIN BONDS, SERIES 2014 – FULL FAITH AND CREDIT RESOLUTION To the Oakland County Board of Commissioners: Chairperson, Ladies and Gentlemen WHEREAS the Drainage Board for the City of Pontiac Wastewater Treatment Facility Drainage District, by resolution adopted on September 23, 2014, authorized and provided for the issuance by the City of Pontiac Wastewater Treatment Facility Drainage District of its Drain Bonds, Series 2014 (the "Bonds") in the aggregate principal amount of not to exceed $9,000,000 to defray part of the cost of the acquisition and construction of improvements to the City of Pontiac Wastewater Treatment Facility; and WHEREAS the Bonds will be dated as of such date, will bear interest at such rates or rates, 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 the Oakland County Water Resources Commissioner as Chairperson of the Drainage Board for the City of Pontiac Wastewater Treatment Facility Drainage District; 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 of Oakland (the "County") for the payment of the principal of and interest on the Bonds; and WHEREAS the improvements to the City of Pontiac Wastewater Treatment Facility are necessary to protect and preserve the public health and, therefore, it is in the best interest of the County that the Bonds be sold. 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 Bonds, and agrees that, in the event the City of Pontiac 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 file with the Department of Treasury of the State of Michigan on behalf of the County an Application for State Treasurer's Approval to Issue Bonds with respect to the Bonds. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Oakland County Water Resources Commissioner Memorandum from Sid Lockhart, P.E., Chief Engineer, 2014 Pontiac WWTP Improvements – Phase 1 Project Description 09-10-14 on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. 555 Commissioners Minutes Continued. October 8, 2014 MISCELLANEOUS RESOLUTION #14240 BY: Planning and Building Committee, Jim Runestad, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT/DEPARTMENT OF HEALTH & HUMAN SERVICES – REQUEST FOR APPROVAL OF OAKLAND COUNTY INTERLOCAL AGREEMENT AMENDMENT #6 BETWEEN OAKLAND COUNTY AND THE OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY FOR BUILDING 32 EAST To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland (County) is the owner of the Oakland County Service Center Campus located at 1200 North Telegraph Road, Pontiac, Michigan; and WHEREAS the Oakland County Community Mental Health Authority (OCCMHA) was established pursuant to the provisions of Public Act No. 258 of the Public Acts of 1974, as amended by Public Act 290 of the Public Acts of 1995; and WHEREAS the former Medical Care Facility, Building 32 East, on the Oakland County Service Center Campus is now occupied in its entirety, less the Health Division lab, by the OCCMHA via the sublease adopted by the County of Oakland Board of Commissioners (see Exhibit A); and WHEREAS the OCCMHA desires that the County move operations of the Prior Authorization and Centralized Evaluation (PACE) office, operated by the County, to the Resource & Crisis Center to provide better access to these services for consumers via the terms and conditions in the attached Amendment (see Exhibit B) to the present contractual relationship (“Contract”), being the Interlocal Agreement between the County and OCCMHA for Fiscal Year 2013; and WHEREAS the space/property which is subject to this Amendment is approximately one thousand five hundred and seventy (1,570) square feet and is illustrated in Exhibit C; and WHEREAS the term of this Amendment shall commence on April 1, 2014 and shall end on the date the Contract is terminated, cancelled, expires, or terminated pursuant to this Amendment; and WHEREAS the License Fee for use of the Property shall be due and payable as set forth in the Contract; and WHEREAS the Security Services, Custodial Services, and Utilities shall be provided by OCCMHA and the fee for these services are included in the License Fee; and WHEREAS the Maintenance Repair of the Property shall be performed as set forth in the original Sublease; and WHEREAS either Party may terminate this Amendment upon thirty (30) days written notice to the other Party for any reason; and WHEREAS the Health & Human Services and Corporation Counsel Departments have reviewed and/or prepared all necessary documents related to the attached Amendment. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached Amendment between the County and OCCMHA. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Amendment and all other related documents between the County and the OCCMHA 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 Exhibit B Oakland County Interlocal Agreement Between Oakland County and The Oakland County Community Mental Health Authority Amendment #6, Exhibit A, Exhibit C, Oakland County Interlocal Agreement Between Oakland County and The Oakland County Community Mental Health Authority Amendment #6 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 #14241 BY: Public Services Committee, Bill Dwyer, Chairperson IN RE: SHERIFF'S OFFICE – FISCAL YEAR 2015 SECONDARY ROAD PATROL AND TRAFFIC ACCIDENT PREVENTION PROGRAM GRANT ACCEPTANCE To the Oakland County Board of Commissioners 556 Commissioners Minutes Continued. October 8, 2014 Chairperson, Ladies and Gentlemen: WHEREAS the Sheriff’s Office applied to the Michigan Department of State Police - Office of Highway Safety Planning for $786,687 in grant funding from Public Act 416 to conduct secondary road patrol activities for the period October 1, 2014 through September 30, 2015; and WHEREAS the Michigan Department of State Police - Office of Highway Safety Planning has awarded Oakland County with a grant in the amount of $786,687, which is the same amount awarded in the Fiscal Year 2014 award; and WHEREAS this is 36th year for the Secondary Road Patrol and Traffic Accident Prevention Program Grant award; and WHEREAS the grant provides continuation funding for four (4) SR full time eligible FTE Deputy II positions (# 4030630-02572, 03114, 07501 and 09191) and one (1) SR FTE Sergeant position (# 4030630-07790) located in the Patrol Services Division; and WHEREAS with this grant acceptance one (1) SR FTE Deputy II position to be created in the Traffic Unit/Patrol Services Division/Sheriff’s Office (# 4030630); and WHEREAS no county match or additional positions are required; and WHEREAS this grant agreement has been processed through the County Executive Contract Review Process and the Board of Commissioners Grant Acceptance Procedures; and WHEREAS the acceptance of this grant 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 2015 Secondary Road Patrol Grant award from the Michigan Department of State Police - Office of Highway Safety Planning in the amount of $786,687 and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached. BE IT FURTHER RESOLVED that one (1) SR FTE Deputy II position to be created in the Traffic Unit/Patrol Services Division/Sheriff’s Office (# 4030630). BE IT FURTHER RESOLVED that four (4) SR (FTE) Deputy II positions (# 4030630-02572, 03114, 07501 and 09191) and one (1) SR FTE Sergeant position (# 4030630-07790) be continued in the Traffic Unit/Patrol Services Division/Sheriff’s Office. BE IT FURTHER RESOLVED that the continuation of this program and associated positions are contingent upon future levels of grant program funding. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Grant Review Sign Off – Sheriff’s Office Incorporated by Reference. Original on file in County Clerk’s office. The Chairperson referred the resolution to the Human Resources Committee and the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #14242 BY: Public Services Committee – Bill Dwyer, Chairperson IN RE: PUBLIC SERVICES DEPARTMENT/MSU EXTENSION – MODIFICATION OF A PROFESSIONAL SERVICES CONTRACT FOR 4-H YOUTH DEVELOPMENT COORDINATOR POSITIONS AND EDUCATIONAL PROGRAMMING SERVICES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland and Michigan State University Extension (MSUE) have a long history of working cooperatively to provide certain services and programs to residents of Oakland County; and WHEREAS these services and programs have centered on Youth Development, 4-H Programs, Nutrition, Agriculture Services; and WHEREAS over the past few years MSUE has assessed their mission and developed a new organizational structure they feel will best service the public in the future, while containing costs; and WHEREAS in Miscellaneous Resolution #13250 the MSU Extension-Oakland County Division committed to leaving one position vacant to develop a professional services contract for one 4-H Youth Development Coordinator for a one year trial; and WHEREAS the one year trial was successful and the division wishes to extend the professional services contract to include FY 2015 through FY 2017; and 557 Commissioners Minutes Continued. October 8, 2014 WHEREAS an additional County-funded 4-H Youth Development Program Coordinator position (#1070501-02170) in the MSU Extension-Oakland County Division of the Public Services is proposed to remain vacant to enable contracting for an additional MSUE provided 4-H Youth Development Coordinator; and WHEREAS this contract position would be good for FY 2015 through FY 2017; and WHEREAS the professional services contract will also include Educational Programming services provided by MSUE; and WHEREAS the professional services contract will be extended by the Oakland County Compliance Office in accordance with Oakland County Purchasing Policies and Procedures. NOW THEREFORE BE IT RESOLVED that the County of Oakland extends the professional services contract with Michigan State University Extension to provide 4-H Youth Development and Educational Programming services to Oakland County residents for FY 2015 through FY 2017. BE IT FURTHER RESOLVED that the Board of Commissioners approves that the Oakland County budgeted 4-H Youth Development Program Coordinator position (#1070501-01787) continues to remains vacant for the contract extension period of FY 2015 through FY 2017. BE IT FURTHER RESOLVED that the Board of Commissioners approves that an additional Oakland County budgeted 4-H Youth Development Program Coordinator position (#1070501-02170) remains vacant for contract extension period of FY 2015 through FY 2017. 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 #14243 BY: Public Services Committee – Bill Dwyer, Chairperson IN RE: CIRCUIT COURT/FRIEND OF THE COURT – CREATION OF FRIEND OF THE COURT REFEREE POSITION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS effective January 1, 2015, the Oakland County Circuit Court will reinstate the nineteenth Circuit Court Judge; and WHEREAS each judge within the Family Court will preside over two and one half Friend of the Court caseload teams and the Presiding Judge of the Family Division will preside over two Friend of the Court caseload teams; and WHEREAS this configuration provides an opportunity for the Friend of the Court to offer special enforcement services; and WHEREAS a restructuring of the office has been undertaken to allow a current Referee position to be assigned to special enforcement; and WHEREAS the Friend of the Court has identified a need for an additional referee for special enforcement; and WHEREAS all positions within Friend of the Court are partially reimbursed from the Cooperative Reimbursement Grant; and WHEREAS the Friend of the Court has identified certain structural and workload efficiencies to assist in offsetting the County’s portion of creating one (1) additional Friend of the Court Referee position; and WHEREAS this includes deleting one (1) SR funded Full-Time Eligible Domestic Support Specialist position (#3010404-09726) and one (1) SR funded, full-time eligible Account Clerk II position (#3010404-02806). NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners authorizes the deletion of one (1) SR funded, Full-Time Eligible Domestic Support Specialist (3010404-09726) and one (1) SR funded, Full-Time Eligible Account Clerk II (#3010404-02806). BE IT FURTHER RESOLVED to create one (1) SR funded, Full-Time Eligible Friend of the Court Referee position within the Circuit Court Family Division (#3010404). BE IT FURTHER RESOLVED that these position changes will be effective January 1, 2015 to coincide with the reinstatement of the nineteenth judge. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. 558 Commissioners Minutes Continued. October 8, 2014 PUBLIC SERVICES COMMITTEE The Chairperson referred the resolution to the Human Resources Committee and the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #14244 BY: Commissioner Dave Woodward, District #19 IN RE: BOARD OF COMMISSIONERS – RESOLUTION IN SUPPORT OF AMENDMENTS TO THE ELLIOTT-LARSEN CIVIL RIGHTS ACT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is the intent of the County of Oakland that no person be denied equal protection of the laws; nor shall any person be denied the enjoyment of his or her civil or political rights or be discriminated against or harassed because of actual or perceived race, color, religion, national origin, sex, age, height, weight, condition of pregnancy, marital status, physical or mental limitation, disability, source of income, family responsibilities, educational association, sexual orientation, gender identity or expression; and WHEREAS The Michigan Constitution declares in Article 1, Section 1, “All power is inherent in the people. Government is instituted for their equal benefit, security and protection.” and WHEREAS The Michigan Elliott-Larsen Civil Rights Act, Act 453 of 1976, was enacted “…to define civil rights, to prohibit discriminatory practices, policies, and customs in the exercise of those rights based upon religion, race, color, national origin, age, sex, height, weight, familial status, or marital status; to preserve the confidentiality of records regarding arrest, detention, or other disposition in which a conviction does not result; to prescribe the powers and duties of the civil rights commission and the department of civil rights; to provide remedies and penalties to provide for fees; and to repeal certain acts and parts of acts.”; and WHEREAS The Michigan Elliott-Larsen Civil Rights Act, Act 453 of 1976, in fact does not prohibit ALL discriminatory practices, specifically as it relates to sexual orientation, gender identity or expression; and WHEREAS The Michigan Constitution declares in Article 4, Section 33, “Every bill passed by the legislature shall be presented to the governor before it becomes law.” and WHEREAS business leaders from across Michigan have come together to form the Michigan Competitive Workforce Coalition to affirm that basic fairness and equality are a cornerstone of our economy and that including sexual orientation and gender identity in Michigan's Elliott-Larsen Civil Rights Act strengthens that cornerstone at the very time Michigan is pushing hardest toward economic recovery; and WHEREAS the many major employers endorse this change in the law and note it is key to attracting a talented, diverse workforce; and WHEREAS key Oakland County employers and business leaders who endorse this action include the Chrysler Group, AT&T, Blue Cross Blue Shield of Michigan, Consumers Energy, Clark Hill PLC, Henry Ford Health Systems, the Detroit Medical Center, Pfizer, Nuspire Networks, Pepper Hamilton LLC, Honigman, the WW Group, Inc. and the Detroit Regional Chamber of Commerce; and WHEREAS many of these employers play a key role in Oakland County’s economic development strategy for a new knowledge based economy as members of the Automation Alley and the Medical Main Street programs; and WHEREAS Oakland County government has shown leadership by prohibiting discrimination for county employees based upon sexual orientation and it is time to expand those protections to all citizens. NOW THEREFORE, BE IT RESOLVED the Board of Commissioners of the County of Oakland, by copy of this resolution calls for immediate action by the Michigan Legislature and Governor to introduce, adopt and enact (with immediate effect) legislation providing for real protection against discrimination of all residents of this state by amending the Elliott-Larsen Civil Rights Act to include protection for physical or mental limitation, disability, source of income, family responsibilities, educational association, sexual orientation, gender identity or expression. BE IT FURTHER RESOLVED that the Clerk of the County of Oakland is directed to submit a copy of this resolution to the Office of the Governor, Senate Majority and Minority Leaders, and the House Speaker and Minority Leader. Chairperson, I move the adoption of the foregoing Resolution. DAVE WOODWARD, MARCIA GERSHENSON, GARY MCGILLIVRAY 559 Commissioners Minutes Continued. October 8, 2014 The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #14245 BY: Commissioners Dave Woodward, District #19; Shelley Taub, District #12; Michael Gingell, District #1 IN RE: BOARD OF COMMISSIONERS – FUNDING FOR SAFE AND HEALTHY KIDS PARTNERSHIP WITH OAKLAND SCHOOLS TO PROVIDE ANTI-BULLYING TRAINING FOR EDUCATORS AND SCHOOL ADMINISTRATORS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is the responsibility of Oakland County government to promote emotionally secure and safe environments for children and adults throughout the county; and WHEREAS bullying creates a climate of fear among students, inhibiting their ability to learn and contributing to other anti-social behaviors; and WHEREAS the U.S. Department of Education estimates that 160,000 students stay home every day due to bullying and 1 in 4 children are bullied per month according to Department of Justice statistics; and WHEREAS as many as 1 in 10 children drop out of or change schools according to research conducted by the University Council for Educational Administration; and WHEREAS an opportunity exists to effectively combat bullying through the model training curriculum “Bully-Free Schools: Circle of Support for Learning (BFS)”; and WHEREAS the BFS program calls for a school culture shift to positive supportive environments that have a community partnership as integral to the success of this shift; and WHEREAS as a result of BFS implementation, students are taught social and emotional skills and understand clear limits and constructive consequences for inappropriate behavior; and WHEREAS schools that have adopted the strategies in the BFS report a reduction in bullying, harassment and other peer-to-peer aggression up to 83%; and WHEREAS effective training is available to assist victims of bullying episodes, create more supportive classrooms, provide pro-active early intervention and to provide many other tools for educators as well as schools administrators; and WHEREAS a partnership with the Oakland Intermediate School District would provide for a limited expenditure from Oakland County to be leveraged for a significant investment in improving safe environments for children. NOW THEREFORE BE IT RESOLVED that funds are available in the assigned fund balance of the Board of Commissioners Special Projects (GL Account #383313) to cover the expenditure of a sum not to exceed $30,000 for the Safe and Healthy Kids partnership with Oakland Schools to provide anti-bullying training for educators and school administrators. BE IT FURTHER RESOLVED the Board of Commissioners authorizes the Chairman of the Board to execute a contract for this program, subject to review by the County Executive contract review process and approve expenditures for this project. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners amends the FY15 budget as follows: GENERAL FUND (#10100) FY 2015 9010101-196030-665882 Non-Dept. Planned Use of Balance $30,000 Total Revenue $30,000 5010101-180010-731822 Special Projects $30,000 Total Expenditure $30,000 Chairperson, I move the adoption of the foregoing Resolution. DAVE WOODWARD, SHELLEY TAUB, GARY MCGILLIVRAY, MARCIA GERSHENSON The Chairperson referred the resolution to the Finance Committee. There were no objections. 560 Commissioners Minutes Continued. October 8, 2014 MISCELLANEOUS RESOLUTION #14246 BY: Commissioner John Scott, District #5 IN RE: BOARD OF COMMISSIONERS – PROCLAIMING NOVEMBER 2014 AS PANCREATIC CANCER AWARENESS MONTH IN OAKLAND COUNTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS The County of Oakland takes great pride in participating in months designated to raise awareness of important issues; and WHEREAS November 2014 will be observed as Pancreatic Cancer Awareness Month to create awareness of pancreatic cancer, the fourth-leading cause of cancer death among men and women in the United States; and WHEREAS Pancreatic cancer has the lowest relative survival rate of all the cancers tracked by both the American Cancer Society and the National Cancer Institute; and WHEREAS 74 percent of pancreatic cancer patients die within the first year of their diagnosis and only six percent survive more than five years; and WHEREAS Every year over 46,000 people will be diagnosed and over 39,000 people will die of pancreatic cancer in the United States; that means approximately one in every 72 men and women born today will be diagnosed with pancreatic cancer in their lifetime and over 1,400 Michigan residents yearly will die from the disease; and WHEREAS there has been no significant improvement in survival rates in the last 40 years and pancreatic cancer research is still in the earliest scientific stages; and WHEREAS the number of new pancreatic cancer cases and the number of deaths caused by the disease are increasing; the expected number of new pancreatic cancer cases is projected to increase by 55% between the years 2010 and 2030; and WHEREAS when symptoms of pancreatic cancer generally present themselves, it is often too late for an optimistic prognosis, and the average survival rate is only five to seven months; and WHEREAS people of Eastern European Jewish and African-American descent are diagnosed at a higher frequency than the rest of the population; and WHEREAS additional risk factors include but are not limited to: smoking, obesity, recent on-set diabetes, family history of pancreatic cancer and pancreatitis; and WHEREAS pancreatic cancer research is currently severely underfunded as compared to other cancers with similar mortality; it is urgent that we focus on this matter. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners proclaims November 2014 as Pancreatic Cancer Awareness Month in the County of Oakland, and to urge its citizens to educate themselves about pancreatic cancer and the need for research funding, early detection methods, effective treatments, and prevention programs. Chairperson, I move the adoption of the foregoing Resolution. JOHN SCOTT, MIKE SPISZ, BILL DWYER, MICHAEL GINGELL, SHELLEY TAUB, TOM MIDDLETON, JIM RUNESTAD MATTIE HATCHETT, BOB GOSSELIN, JANET JACKSON, KATHY CRAWFORD, HELAINE ZACK, JEFF MATIS, GARY MCGILLIVRAY, MIKE BOSNIC, DAVE WOODWARD, PHILIP WEIPERT Moved by Scott supported by Zack to suspend the rules and vote on Miscellaneous Resolution #14246 Board of Commissioners – Proclaiming November 2014 as Pancreatic Cancer Awareness Month in Oakland County. Vote on motion to suspend the rules: AYES: McGillivray Middleton, Quarles, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Matis. (19) NAYS: None. (0) 561 Commissioners Minutes Continued. October 8, 2014 A sufficient majority having voted in favor, the motion to suspend the rules and vote on Miscellaneous Resolution #14246 Board of Commissioners – Proclaiming November 2014 as Pancreatic Cancer Awareness Month in Oakland County carried. Moved by Scott supported by Zack the resolution be adopted. AYES: Middleton, Quarles, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Matis, McGillivray. (19) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. The Board adjourned at 8:43 p.m. to the call of the Chair or October 23, 2014, at 9:30 a.m. LISA BROWN MICHAEL J. GINGELL Clerk Chairperson 562