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HomeMy WebLinkAboutMinutes - 2015.08.13 - 7978476 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES August 13, 2015 Meeting called to order by Chairperson Michael Gingell at 9:33 a.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Bowman, Dwyer, Fleming, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Kowall, Long, Matis, McGillivray, Middleton, Quarles, Scott, Spisz, Taub, Weipert, Woodward, Zack. (20) EXCUSED ABSENCE WITH NOTICE: Crawford. (1) Quorum present. Invocation given by Phil Weipert. Pledge of Allegiance to the Flag. Moved by Spisz supported by Zack the minutes of the July 29, 2015 Board Meeting be approved. A sufficient majority having voted in favor, the minutes were approved as printed. Moved by Taub supported by McGillivray the agenda, be amended, as follows: ITEMS NOT ON BOARD AGENDA GENERAL GOVERNMENT COMMITTEE c. MR #15203 – County Clerk/Register of Deeds – Transfer of One (1) Office Leader Position and One (1) Office Assistant II Position in the Vital Records Unit from GF/GP Fund to SR Fund (Reason for Suspension Waiver of Rule III – Resolution was taken up by the Human Resources Committee immediately prior to today’s meeting. (Fiscal Note was taken up by Finance on 8/6/15.)) e. MR #15208 – Sheriff’s Office – Creation of Positions For Building Security – Phase II (Reason for Suspension Waiver of Rule III – Resolution was taken up by the Human Resources Committee immediately prior to today’s meeting. (Fiscal Note was taken up by Finance on 8/6/15.)) Vote on agenda, as amended: AYES: Dwyer, Fleming, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Kowall, Long, Matis, McGillivray, Middleton, Quarles, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bowman. (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 Commissioners Quarles, Jackson and Bowman. Commissioners Minutes Continued. August 13, 2015 477 Commissioners Quarles, Jackson and Bowman addressed the Board to present a Proclamation Commemorating 2015 Historic Milestones and Celebrating the Voting Rights Act of 1965 that we remember and celebrate the passage of the Thirteenth Amendment in 1865 and the passage of the Voting Rights Act of 1965, as we continue to learn the lessons of history to make our country a more perfect union. Chairperson Michael Gingell addressed the Board to introduce Phil Bertolini, Deputy County Executive. Phil Bertolini, Deputy County Executive addressed the Board to give a presentation on the Animal Control & Pet Adoption Center. Chairperson Michael Gingell addressed the Board to ask if there were any communications. Oakland County Clerk – Register of Deeds, Lisa Brown, read a communication from Timothy K. McGuire, Executive Director, Michigan Association of Counties, thanking the Clerk for sending a copy of the Oakland County Board of Commissioners’ resolution objecting the development of the proposed Canadian nuclear waste repository. The following people addressed the Board during public comment. Timm Smith, Maria Smith, Toni Whitley, Nenner Buckhaulter, H. Bill Maxey, Pamela Gerald, Mattie Hatchett, Hubert Price, Sylvia Jordan, Jeremy Kaplan, representing Brenda Lawrence, Dan Brightwell, Kelly Garrett, Rosemary Rangi, Etoile Orearlibbett, Michael Bridges, Caroll Turpin, David Bowman, Raylon Leeks-May, Sheila Clay and Janet Jackson. Moved by Spisz supported by McGillivray the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted.) The vote for this motion appears on page 498. The resolutions on this Consent Agenda follow (annotated by an asterisk {*}): *MISCELLANEOUS RESOLUTION #15210 BY: Commissioners Bob Hoffman, District #2 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2015 APPROPRIATION – CHARTER TOWNSHIP OF SPRINGFIELD – MILLING AND ASPHALT PATCHING ON DAVISBURG ROAD – PROJECT NO. 53061 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the Tri-Party Road Improvement Program to assist Oakland County’s cities, villages and townships (CVTs) with the construction, maintenance and repair of roads under the supervision, direction and control of the Road Commission for Oakland County; and WHEREAS Miscellaneous Resolution #09221, as amended by Miscellaneous Resolution #10045, provides that any Oakland County appropriation in support of the Tri-Party Road Improvement Program shall be distributed only after completion of all of the following: 1. The Road Commission for Oakland County (RCOC) and a city, village, or township (CVT) have identified a project and the project is ready to be undertaken immediately; and 2. The RCOC has appropriated its 1/3 share of the funding for the project and transferred said appropriation to a project account; and 3. The CVT has authorized its 1/3 share of the funding for the project and has executed a contract for payment with the RCOC; and 4. The Commissioner(s) representing the CVT requesting the project submits a resolution authorizing the appropriation of the County’s 1/3 share of the project from the General Fund Designated Fund Balance for Tri-Party Program. The resolution shall be approved by the Finance Committee and the full Board; and WHEREAS the Charter Township of Springfield, along with the RCOC has identified a project and said project is ready to be undertaken immediately; and Commissioners Minutes Continued. August 13, 2015 478 WHEREAS the RCOC has appropriated its 1/3 share of the funding for the project in the Charter Township of Springfield and said appropriation has been transferred to a project account; and WHEREAS the Charter Township of Springfield has demonstrated that it has authorized its 1/3 share of the funding for the project and has executed a contract for payment with the RCOC; and WHEREAS Oakland County’s one third (1/3) share of the – Fiscal Year 2015 authorized amount of Tri-Party Road Improvement funding for Project No. 53061 in the Charter Township of Springfield is $36,845. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Charter Township of Springfield and authorizes the release of Tri- Party Road Improvement Program funds from the Oakland County Designated Fund Balance. BE IT FURTHER RESOLVED additional project costs, not greater than 15% from the original agreement, which are consistent with the project as originally approved, will be paid when invoiced and appropriated in the quarterly forecast resolution. BE IT FURTHER RESOLVED that additional project costs exceeding 15% of the original agreement will require a separate Finance Committee resolution. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this resolution to the Road Commission for Oakland County, Oakland County Fiscal Services and the Charter Township of Springfield. Chairperson, I move the adoption of the foregoing Resolution. BOB HOFFMAN Copy of Correspondence from Thomas G. Noechel, Programming Supervisor, Cost Participation Agreement Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #15210) BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2015 APPROPRIATION – CHARTER TOWNSHIP OF SPRINGFIELD – MILLING AND ASPHALT PATCHING ON DAVISBURG ROAD - PROJECT NO. 53061 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. On December 11, 2014, the Board of Commissioners approved Miscellaneous Resolution #14295 which designated $2,000,000 in fund balance for the Tri-Party Road Improvement Program for projects managed by the Road Commission for Oakland County (RCOC). 2. Funding of $36,845 is available in the General Fund Assigned Fund Balance for Tri-Party 2015 and prior funding (account #383510) for project 53061. 3. This project is for the milling and asphalt patching of Davisburg Road from the West Township line to Dixie Highway. 4. The resolution allows for additional project costs not greater than 15% from the original agreement, which is consistent with the project as originally approved, to be paid when invoiced and appropriated in the quarterly forecast resolution. 5. Additional project costs exceeding 15% of the original agreement will require a separate Finance Committee resolution to appropriate the additional Oakland County share of the project costs prior to payment. 6. The FY 2015 budget be amended as follows: GENERAL FUND #10100 FY 2015 Revenue 9010101-196030-665882 Planned Use of Balance $36,845 Total Revenues $36,845 Expenditures 9010101-153010-740135 Road Commission Tri-Party $36,845 Commissioners Minutes Continued. August 13, 2015 479 Total Expenditures $36,845 FINANCE COMMITTEE (The vote for this motion appears on page 498.) *MISCELLANEOUS RESOLUTION #15212 BY: Finance Committee, Tom Middleton Chairperson IN RE: COMPLIANCE OFFICE/PURCHASING UNIT – TWO-YEAR CONTRACT EXTENSION WITH OFFICEMAX OF NORTH AMERICA, INC. (June 1, 2016 - May 31, 2018) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Purchasing Unit, in conjunction with eight other Michigan government entities, issued an RFP for the procurement and desktop delivery of office supplies in February of 2011; and WHEREAS OfficeMax North America was awarded the contract for the supply and delivery of office supplies until May 31, 2016; and WHEREAS the contract contains cooperative language that allows any government entity in North America to utilize the same pricing matrix and delivery services as Oakland County through the “America Saves” program which has approximately 1,100 participants; and WHEREAS as the result of this contract, the County has earned an average of $230,000 each year from rebates on County office supply purchases, and “America Saves” program administrative fees that are budgeted as County General Fund income; and WHEREAS the merger of Office Depot and OfficeMax North America in November 2013 into Office Depot, Inc. reduced competition in the office supply industry; and WHEREAS in February 2015, Staples and Office Depot, Inc. announced an agreement to merge which would further reduce competition in the office supply industry creating future uncertainty for the long-term continuation of the “America Saves” program; and WHEREAS OfficeMax North America, a division of Office Depot, Inc., has offered to extend the current contract for two years. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves a two-year extension of the current contract for the term 6/1/2016 through 5/31/2018 with OfficeMax North America and authorizes the Compliance Office Purchasing Unit to issue a contract amendment for the two-year extension. BE IT FURTHER RESOLVED that there is no budget amendment necessary for the OfficeMax North America two-year contract extension. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Contract Extension with OfficeMax of North America, Inc. (June 1, 2016 – May 31, 2018) Incorporated by Reference. Original on file in County Clerk’s office. (The vote for this motion appears on page 498.) *MISCELLANEOUS RESOLUTION #15213 BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – MODIFICATIONS TO COMPREHENSIVE I.T. SERVICES INTERLOCAL AGREEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan has encouraged governmental entities to share services with each other for efficiency and cost savings and has indicated that future payments from the State may be tied to the achievement of savings; and WHEREAS the Oakland County Department of Information Technology has developed numerous applications to more efficiently conduct governmental operations and would like to make certain Commissioners Minutes Continued. August 13, 2015 480 applications available to governmental bodies not only to share the County’s services but also as a means of cost recovery; and WHEREAS the Board of Commissioners has supported the Information Technology Department’s strategic rollout of a comprehensive eGovernment program by approving the Access Oakland fee structure both in Miscellaneous Resolution #03279 dated October 16, 2003 and Miscellaneous Resolution #07121 dated May 10, 2007; and WHEREAS the Department of Information Technology currently has Interlocal Agreements with public bodies to provide I.T. Services. The Interlocal Agreement was approved by the Board of Commissioners in Miscellaneous Resolution #12153 dated June 7, 2012. The Board has approved updates to the Interlocal Agreement, most recently in Miscellaneous Resolution #13206 dated August 1, 2013, which contains Exhibits describing the I.T. Services of Online Payments, Pay Local Taxes, Web Publishing Suite, Internet Service, OakNet Connectivity, Email Service, Over the Counter Payments and Data Center Services; and WHEREAS the Department of Information Technology would like to have the Board of Commissioners approve modifications to the Interlocal Agreement and Exhibits to make additional technology services available to public bodies; and WHEREAS Corporation Counsel and the Department of Information Technology have revised language in the Interlocal Agreement and added a new I.T. Service, CLEMIS, which is described in detail in a new Exhibit X. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached Agreement and Exhibit X, and authorizes the Chairperson of the Board of Commissioners to sign this Interlocal Agreement with any Michigan public body that signs the Agreement. BE IT FURTHER RESOLVED that any budget adjustments required by new agreements will be recognized in the quarterly financial process and no budget amendment is recommended at this time. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Agreement for I. T. Services Between Oakland County and Public Body, Exhibit X I. T. Services Agreement Clemis and Addendum A Incorporated by Reference. Original on file in County Clerk’s office. (The vote for this motion appears on page 498.) *REPORT (MISC. #15191) BY: General Government Committee, Christine Long, Chairperson IN RE: MR #15191 – BOARD OF COMMISSIONERS – DESIGNATING SEPTEMBER 11-17, 2015, AS MICHIGAN PATRIOT WEEK IN OAKLAND COUNTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above referenced resolution on August 3, 2015, reports with the recommendation the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #15191 BY: Commissioners Jeff Matis, District #15, Marcia Gershenson, District #13, Bill Dwyer, District #14, Shelley Taub, District #12, John Scott, District #5, Robert Gosselin, District #11, Eileen Kowall, District #6, Hugh Crawford, District #9, Bob Hoffman, District #2, Philip Weipert, District #8, Wade Fleming, District #16, Michael Spisz, District #3; Dave Woodward, #19 IN RE: BOARD OF COMMISSIONERS – DESIGNATING SEPTEMBER 11 – 17, 2015, AS MICHIGAN PATRIOT WEEK IN OAKLAND COUNTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the year 2009 marked the inaugural observation of Michigan Patriot Week in Oakland County as a celebration to "Reinvigorate the American Spirit and Constitution"; and Commissioners Minutes Continued. August 13, 2015 481 WHEREAS the history and the founding principles of the United States of America should serve as the cornerstone of civic education. In great reverence to the victims of the 9/11 attacks, we acknowledge that American citizens must take time to honor the principles and events that led to the creation of our nation, its founders, documents, and symbols of our history; and WHEREAS the events that led to the signing of The Constitution of the United States of America by the delegates of the Constitutional Convention on September 17, 1787, have significance for every American and are honored in public schools across the nation on September 17 as Constitution Day; and WHEREAS our nation was founded on the principles outlined in the Declaration of Independence, which include: 1. All men are created equal. 2. They are endowed by their Creator with certain unalienable rights. 3. These basic rights are: life, liberty, and the pursuit of happiness. 4. Governments are to be instituted among men to secure these rights. 5. Governments derive their just power from the consent of the governed. 6. The people may alter or abolish the government if it destroys these stated principles; and WHEREAS during Patriot Week we celebrate and honor the following: September 11: Revolution September 12: The Rule of Law September 13: The Social Compact September 14: Equality - Gender September 15: Equality - Race September 16: Unalienable Rights September 17: Limited Government WHEREAS exceptional, visionary, and indispensable Americans such as Thomas Paine, Patrick Henry, John Adams, John Marshall, George Washington, Abraham Lincoln, Frederick Douglass, Martin Luther King, Jr., Elizabeth Cady Stanton, Susan Anthony, Thomas Jefferson, Cesar Chavez, and James Madison founded and advanced the United States; and WHEREAS the Bennington Flag, work of Betsy Ross, American Flag, Suffragist Flag, Union Flag, Gadsden Flag, and the flag of the State of Michigan are key physical symbols of American history that should be studied and remembered by each American citizen. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby designate September 11 – 17, 2015, as Michigan Patriot Week, in Oakland County - symbolically beginning this celebration on September 11 and concluding on Constitution Day. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners urges the citizens, government agencies, municipalities, businesses, nonprofit organizations, and schools of the State of Michigan to recognize and participate in this extended holiday by honoring and celebrating the First Principles, key historical figures, founding documents, and symbols of America so that they may offer the reverence that is due to our free republic. BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward copies of this adopted resolution to the Michigan Council for Social Studies, Michigan Center for Civic Education, State Board of Education, Oakland Schools, State Bar of Michigan, Oakland County Bar Association, Oakland County Circuit Court, and Governor Rick Snyder. Chairperson, we move the adoption of the foregoing resolution. JEFF MATIS, MARCIA GERSHENSON, BILL DWYER, JOHN SCOTT, ROBERT GOSSELIN, EILEEN KOWALL, HUGH CRAWFORD, BOB HOFFMAN, PHILIP WEIPERT, WADE FLEMING, MICHAEL SPISZ, THOMAS MIDDLETON, DAVID BOWMAN, CHRISTINE LONG, GARY MCGILLIVRAY, DAVID WOODWARD (The vote for this motion appears on page 498.) Commissioners Minutes Continued. August 13, 2015 482 *MISCELLANEOUS RESOLUTION #15214 BY: General Government Committee, Christine Long, Chairperson IN RE: HEALTH AND HUMAN SERVICES - HOMELAND SECURITY DIVISION – EMERGENCY MANAGEMENT PERFORMANCE GRANT AGREEMENT FOR FISCAL YEAR 2015 ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan Department of State Police, Emergency Management and Homeland Security Division has awarded Oakland County the 2015 Emergency Management Performance Grant (EMPG) funding in the amount of $52,344 for the period of October 1, 2014 through September 30, 2015; and WHEREAS the Homeland Security Division was notified of available grant funding via a letter dated July 7, 2015; and WHEREAS this is the 43rd year of grant acceptance for this program; and WHEREAS the purpose of the program is to encourage the development and comprehensive disaster preparedness and assistance plans, programs, capabilities, and organizations by the states and local governments; and WHEREAS the grant represents a reimbursement for a portion of salaries and is a pass-through of Federal funds and requires a 50% match in the amount of $52,344; and WHEREAS the EMPG grant in FY2014 was $55,418 which is an decrease of $3,074.00 in FY2015; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process and is subject to the approval of the Department of Corporation Counsel and the Board of Commissioners Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts grant funding from the State of Michigan Department of State Police, Emergency Management and Homeland Security Division for the 2015 Emergency Management Performance Grant (EMPG) in the amount of $52,344 for Fiscal Year 2015 with a 50% match from the County in the amount of $52,344 for total funding of $104,688. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to continue to fund any special revenue positions if/when the grant expires. BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners is authorized to execute the grant agreement and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Grant Review Sign Off – Homeland Security Division 2015 Emergency Management Performance Grant (EMPG), Correspondence from Captain Chris A. Kelenske, Commander, Deputy State Director of Emergency Management and Homeland Security, Michigan State Police Emergency Management and Homeland Security Division Grant Agreement, State of Michigan FY 2015 Emergency Management Performance Grants Grant Agreement, Subrecipient Checklist, Standard Assurances, Certification Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug- Free Workplace Requirements, Audit Certification, Agreement Articles Applicable to Subrecipients Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #15214) BY: Finance Committee, Tom Middleton, Chairperson IN RE: HEALTH AND HUMAN SERVICES - HOMELAND SECURITY DIVISION – EMERGENCY MANAGEMENT PERFORMANCE GRANT AGREEMENT FOR FISCAL YEAR 2015 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 resolutions and finds: Commissioners Minutes Continued. August 13, 2015 483 1. Oakland County has been awarded grant funding by the State of Michigan in the amount of $52,344 for the development and maintenance of an emergency management program capable of protecting life, property and vital infrastructure in times of disaster or emergency with a 50% grant match in the amount of $52,344 for a total of $104,688 in funding for this program. 2. The funding period is October 1, 2014 through September 30, 2015. 3. This is the 43rd year of grant acceptance for this program. 4. The FY 2015 Emergency Management Performance Grant award granted by the State funds a portion of salary and fringe benefits of the Homeland Security Manager’s salary and fringe benefits, (position #09864). 5. The County’s portion of the grant match is comprised of in-kind support from the salary of the Manager of Homeland Security. 6. A budget amendment is recommended. GENERAL FUND (#10100) FY 2015 Project ID 100000001994 Budget Reference 2015 Revenue 1060601-115120-610210 Disaster Control Fed Subsidy $12,344 9010101-196030-665882 Planned Use of Balance ($12,344) Total Revenue $ 0 FINANCE COMMITTEE (The vote for this motion appears on page 498.) *REPORT (MISC. #15203) BY: Human Resources Committee, Michael Spisz, Chairperson IN RE: MR #15203 – COUNTY CLERK/REGISTER OF DEEDS – TRANSFER OF ONE (1) OFFICE LEADER POSITION AND ONE (1) OFFICE ASSISTANT II POSITION IN THE VITAL RECORDS UNIT FROM GF/GP FUND TO SR FUND To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee, having reviewed the above referenced resolution on August 13, 2015, reports with the recommendation that the resolution be adopted. Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing report. HUMAN RESOURCES COMMITTEE MISCELLANEOUS RESOLUTION #15203 BY: General Government Committee, Christine Long, Chairperson IN RE: COUNTY CLERK/REGISTER OF DEEDS – TRANSFER OF ONE (1) OFFICE LEADER POSITION AND ONE (1) OFFICE ASSISTANT II POSITION IN THE VITAL RECORDS UNIT FROM GF/GP FUND TO SR FUND To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS per Public Act 381 of 2000, House Bill No. 4530 effective July 1, 2001, restrictions on concealed weapons permits have been relaxed; and WHEREAS this legislation resulted in a considerable increase in the number of applications for Concealed Pistol License (CPL) and the resultant impact on the workload of the County Clerk/Register of Deeds office, Vital Records Unit; and WHEREAS Miscellaneous Resolution #01274 created two (2) GF/GP Clerk III positions (#2010205-09862 and 09863) in County Clerk/Register of Deeds/Vital Records Unit; and WHEREAS position #09862 was created to absorb routine clerical duties and allow the County Clerk to assign CPL tasks to another position; and WHEREAS position #09863 was assigned the clerical workload related to and due to the increased number of applications for CPLs; and Commissioners Minutes Continued. August 13, 2015 484 WHEREAS on March 4, 2015 Governor Snyder approved Public Act 3 of 2015, House Bill No. 34 which implemented changes to the Concealed Pistol Licensing law; and WHEREAS the legislation requires each county to establish a Concealed Pistol Licensing Fund for the deposit of fees collected by the County Clerk effective June 2, 2015; and WHEREAS the County Treasurer shall direct investment of the Concealed Pistol Licensing Fund and shall credit to the fund interest and earnings from the investments; and WHEREAS money credited to the County Concealed Pistol Licensing Fund shall be expended in compliance with the uniform budgeting and accounting act, 1968 PA 2, MCL 141.421 to 141.440a, subject to an appropriation; and WHEREAS expenditures from the County Concealed Pistol Licensing Fund shall be used by the County Clerk only for the cost of administering this act; and WHEREAS allowable expenditures include, but are not limited to, staffing requirements directly attributable to performing functions required under this act, technology upgrades, office supplies, document storage/retrieval systems and system upgrades; and WHEREAS the Concealed Pistol Licensing Fund #20300 was created; and WHEREAS the Concealed Pistol Licensing Fund #20300 is considered Special Revenue; and WHEREAS one (1) full time eligible (FTE) Office Leader position (#2010205-03483) and one (1) full time eligible (FTE) Office Assistant II position (#2010205-09863) in the Vital Records Unit are currently GF/GP Funded and assigned to work on approval and processing of concealed pistol licenses; and WHEREAS in order to comply with the legislation it is appropriate to transfer these positions from GF/GP Funded to SR Funded in the Concealed Pistol Licensing Fund #20300. NOW THEREFORE BE IT RESOLVED to change the funding of one (1) full time eligible (FTE) Office Leader position (#2010205-03483) and one (1) full time eligible (FTE) Office Assistant II position (#2010205-09863) from GF/GP Funded to the SR Funded Concealed Pistol Licensing Fund #20300 in the Clerk/Register of Deeds Vital Records Unit. BE IT FURTHER RESOLVED that the positions will continue to be funded from available resources within the Concealed Pistol Licensing Fund #20300 as allowed by legislation. Chairperson, on behalf of the General Government Committee I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE FISCAL NOTE (MISC. #15203) BY: Finance Committee, Tom Middleton, Chairperson IN RE: COUNTY CLERK/REGISTER OF DEEDS – TRANSFER OF ONE (1) OFFICE LEADER POSITION AND ONE (1) OFFICE ASSISTANT II POSITION IN THE VITAL RECORDS UNIT FROM GF/GP FUND TO SR FUND TO: The Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced Miscellaneous Resolution and finds: 1. On March 4, 2015 Governor Snyder approved Public Act 3 of 2015, House Bill No. 34 which implemented changes to the Concealed Pistol Licensing (CPL) law. 2. The legislation required each county to establish a CPL Fund for the deposit of fees collected by the County Clerk effective June 2, 2015. 3. The Clerk/Register of Deeds has identified positions that are to be funded by the Concealed Pistol Licensing (CPL) Fund (#20300) 4. One (1) full- time eligible (FTE) General Fund/General Purpose (GF/GP) Office Leader position (#2010205-03483) and one (1) full- time eligible (FTE) GF/GP Office Assistant II position (#2010205-09863) in the Vital Records Unit are currently assigned to work on approval and processing of concealed pistol licenses; in order to comply with the legislation it is appropriate to transfer these positions from GF/GP Fund (#10100) to Special Revenue (SR) CPL Fund (#20300). 5. Expenditures from the County CPL Fund shall be used by the County Clerk only for the cost of administering this act. Allowable expenditures include, but are not limited to, staffing requirements directly attributable to performing functions required under this act, technology Commissioners Minutes Continued. August 13, 2015 485 upgrades, office supplies, document storage/retrieval systems and system upgrades. 6. FY 2016 – FY 2018 Gun Permit revenues were adjusted with the FY 2016 – FY 2018 budget recommendation. 7. It is projected that the gun permit revenue will completely cover the eligible CPL Fund expenditures. 8. The FY 2015-2018 budget be amended as follows: GENERAL FUND (#10100) FY 2015 FY2016 FY 2017-18 Revenue 2010201-125000-630868 Gun Permits $(25,968) $ (35,000) $ 0 9010101-196030-665882 Planned Use of Balance (35,976) (155,060) (191,547) Total Revenue $(61,944) $(190,060) $(191,547) Expenditures 2010205-132300-702010 Salaries Regular $(26,850) $ 0 $ 0 2010205-132305-702010 Salaries Regular 0 (82,649) (82,649) 2010205-132300-722750 Workers Comp (60) 0 0 2010205-132305-722750 Workers Comp 0 (185) (185) 2010205-132300-722760 Group Life (83) 0 0 2010205-132305-722760 Group Life 0 (180) (180) 2010205-132300-722770 Retirement (7,776) 0 0 2010205-132305-722770 Retirement 0 (24,378) (24,378) 2010205-132300-722780 Hospitalization (7,261) 0 0 2010205-132305-722780 Hospitalization 0 (21,086) (21,086) 2010205-132300-722790 Social Security (2,054) 0 0 2010205-132305-722790 Social Security 0 (6,323) (6,323) 2010205-132300-722800 Dental (443) 0 0 2010205-132305-722800 Dental 0 (1,286) (1,286) 2010205-132300-722810 Disability (389) 0 0 2010205-132305-722810 Disability 0 (1,286) (1,286) 2010205-132300-722820 Unemployment Insurance (86) 0 0 2010205-132305-722820 Unemployment Insurance 0 (173) (173) 2010205-132300-722850 Optical (58) 0 0 2010205-132305-722850 Optical 0 (169) (169) 2010201-125000-731346 Personal Mileage (250) (750) (750) 2010205-125000-731388 Printing (333) (1,000) (1,000) 2010201-125000-732018 Travel & Conference (408) (1,225) (1,225) 2010201-125000-750392 Metered Postage (3,333) (10,000) (10,000) 2010205-125000-750399 Office Supplies (3,333) (10,000) (10,000) 2010201-125000-770631 Bldg Space Cost Allocation (5,371) (17,804) (19,291) 2010205-132300-774636 Info Tech Operations (3,627) (10,880) (10,880) 2010201-125000-778675 Telephone Communications (229) (686) (686) Total Expenditures $(61,944) $(190,060) $(191,457) CONCEALED PISTOL LICENSING FUND (#20300) FY 2015 FY2016 FY 2017-18 Revenue 2010205-132315-630868 Gun Permits $102,167 $400,000 $400,000 Total Revenue $102,167 $400,000 $400,000 Expenditures 2010205-132315-702010 Salaries Regular $ 26,850 $ 82,649 $ 82,649 2010205-132315-722750 Workers Comp 60 185 185 Commissioners Minutes Continued. August 13, 2015 486 2010205-132315-722760 Group Life 83 180 180 2010205-132315-722770 Retirement 7,776 24,378 24,378 2010205-132315-722780 Hospitalization 7,261 21,086 21,086 2010205-132315-722790 Social Security 2,054 6,323 6,323 2010205-132315-722800 Dental 443 1,286 1,286 2010205-132315-722810 Disability 389 1,286 1,286 2010205-132315-722820 Unemployment Insurance 86 173 173 2010205-132315-722850 Optical 58 169 169 2010205-132315-731346 Personal Mileage 250 750 750 2010205-132315-731388 Printing 333 1,000 1,000 2010205-132315-732018 Travel & Conference 408 1,225 1,225 2010205-132315-750392 Metered Postage 3,333 10,000 10,000 2010205-132315-750399 Office Supplies 3,333 10,000 10,000 2010205-132315-770631 Bldg Space Cost Allocation 5,371 17,804 19,291 2010205-132315-774636 Info Tech Operations 3,627 10,880 10,880 2010205-132315-778675 Telephone Communications 229 686 686 2010205-132315-796500 Budget Equity Adjustment 40,223 209,940 208,453 Total Expenditures $102,167 $400,000 $400,000 FINANCE COMMITTEE (The vote for this motion appears on page 498.) MISCELLANEOUS RESOLUTION #15204 BY: Planning & Building Committee, Philip Weipert, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS –– EXTENSION OF NO HAZ PROGRAM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County, through its Department of Economic Development and Community Affairs, has facilitated the North Oakland Household Hazardous Waste Consortium (NO HAZ) since 2003; and WHEREAS the cost of facilitating this program is reimbursed to the County by the member communities; and WHEREAS collection events for household hazardous waste are widely accepted as the best way to provide citizens with a safe way to dispose of paints, cleaners, pesticides and other household hazardous products and they also contribute to Phase II Stormwater Protection requirements, encourage pollution prevention and enhance environmental health and safety in the home; and WHEREAS more than 32,000 residents have used the program, resulting in more than 3.75 million pounds of household hazardous waste being collected and recycled or properly disposed of; and WHEREAS budget constraints restrict the communities’ ability to facilitate the program individually; and WHEREAS through the No HAZ program cost efficiencies are realized by the participating communities; and WHEREAS 7 current member communities have written letters encouraging the County to continue as the facilitator of the program; and WHEREAS the county administration strongly supports the continuation of the program. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Department of Economic Development and Community Affairs to continue facilitating the NO HAZ as long as the member communities fully reimburse the County for all costs and expenses connected with the operation of the program. BE IT FURTHER RESOLVED that the Department of Economic Development & Community Affairs will continue to bring the annual Interlocal agreements to the Board of Commissioners for approval. BE IT FURTHER RESOLVED that Oakland County and the member communities will continue to take steps to increase the number of member communities. Chairperson, on behalf of the Planning & Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Commissioners Minutes Continued. August 13, 2015 487 Copy of correspondence from Pauline Bennett, Clerk, Township of Addison, Robert DePalma, Supervisor, Township of Groveland, Patrick J. Kittle, Supervisor, Charter Township of Independence, Rosalie Lake, Clerk, City of Lake Angelus, Jamie Moore, Assistant Manager, Charter Township of Oakland, Chris Barnett, Supervisor, Charter Township of Orion and Waterford Township Board of Trustees on file in County Clerk’s office. FISCAL NOTE (MISC. #15204) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS - EXTENSION OF NO HAZ PROGRAM To The Oakland and County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Oakland County has facilitated the North Oakland Household Hazardous Waste Consortium (NO HAZ) program since 2003 for the purpose of providing household hazardous waste collection services to residents of northern Oakland County. 2. The resolution authorizes the Oakland County Waste Resource Management Unit to continue facilitation of the NO HAZ Program, contingent upon full reimbursement of all program costs from member communities. 3. During this period Oakland County and the member communities will take steps to increase the number of member communities. 4. The Department of Economic Development & Community Affairs will continue to bring the annual Interlocal agreements to the Board of Commissioners for approval. 5. The FY 2016 - FY 2018 recommended budget reflects the continuation of the NO HAZ Program and therefore no budget amendment is required. (The vote for this motion appears on page 498.) *MISCELLANEOUS RESOLUTION #15215 BY: Planning and Building Committee, Philip Weipert, Chairperson IN RE: DEPARTMENT OF CENTRAL SERVICES – OAKLAND COUNTY INTERNATIONAL AIRPORT – 2015 GRANT PROGRAM ACCEPTANCE – AIRCRAFT RESCUE FIRE FIGHTING (ARFF) TRAINING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is in receipt of Michigan Department of Transportation Grant Contract No. 2015-0249, for State funds in the amount of $1,800, for the development and improvement of Oakland County International Airport; and WHEREAS the project consists of Aircraft Rescue and Fire Fighting (ARFF) training provided by a training provider using a mobile fire training unit (training) at Oakland County International Airport; and WHEREAS the Michigan Department of Transportation shall act as agent on behalf of the County in the administration of the project; and WHEREAS the development project as offered and approved by the Michigan Department of Transportation requires a local grant match of $200 which is available from the airport fund; and WHEREAS the Airport Committee has reviewed the project and recommends acceptance of the grant contract; and WHEREAS the attached contract has been approved in accordance with the County Executive's review process; and WHEREAS no application was requested from Oakland County; therefore, the application provisions of M.R. #13180, do not apply. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the grant contract in an amount not to exceed $2,000, which includes a local grant match of $200, which is available from the airport fund. BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners is authorized to execute the grant contract. Commissioners Minutes Continued. August 13, 2015 488 Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Grant Review Sign Off – Central Services/Aviation 2015 Oakland County International Airport Aircraft Rescue and Firefighting Training Grant, Michigan Department of Transportation County of Oakland Contract for Aircraft Rescue and Firefighting Training, Appendix A Prohibition of Discrimination in State Contracts, Appendix B Title VI Assurance Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #15215) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF CENTRAL SERVICES – OAKLAND COUNTY INTERNATIONAL AIRPORT – 2015 GRANT PROGRAM ACCEPTANCE – AIRCRAFT RESCUE FIRE FIGHTING (ARFF) TRAINING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Oakland County has received Michigan Department of Transportation Grant Contract No. 2015-0249, for State funds in the amount of $1,800, for the development and improvement of Oakland County International Airport. 2. The project consists of Aircraft Rescue and Fire Fighting (ARFF) training provided by a training provider using a mobile fire training unit at Oakland County International Airport. 3. The Airport Committee has reviewed the project and recommends acceptance of the grant contract. 4. Target date for project completion is 36 months from the date of the award. 5. The total cost of the project is $2,000 with $1,800 of the cost from State funds, and $200 from the Airport fund resources for the grant match. 6. The Michigan Department of Transportation shall act as agent on behalf of the County in the administration of the project. 7. No General fund appropriation is required. Funding is available within the Airport fund for the required grant match. FINANCE COMMITTEE (The vote for this motion appears on page 498.) *MISCELLANEOUS RESOLUTION #15216 BY: Planning and Building Committee, Philip Weipert, Chairperson IN RE: DEPARTMENT OF CENTRAL SERVICES – OAKLAND TROY AIRPORT – 2015 GRANT PROGRAM ACCEPTANCE – REHABILITATE PARALLEL TAXIWAY AND RUNWAY INCLUDING FINAL PHASE TERMINAL PARKING LOT AND ENTRANCE ROAD AND AIRFIELD PAINT MARKING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is in receipt of Michigan Department of Transportation Grant Contract No. FM 63-06-C27 & C29, Federal Project No. B-26-0118-1613, for Federal funds in the amount of $597,600, and State funds in the amount of $33,200, for the development and improvement of Oakland Troy Airport; and WHEREAS the project consists of rehabilitating the parallel taxiway and runway including the terminal parking lot and entrance road and airfield paint marking at Oakland Troy Airport; and WHEREAS the Michigan Department of Transportation shall act as agent on behalf of the County in the administration of the project; and WHEREAS the development project as offered and approved by the Michigan Department of Transportation requires a local grant match of $33,200 which is available from the airport fund; and WHEREAS the Airport Committee has reviewed the project and recommends acceptance of the grant contract; and Commissioners Minutes Continued. August 13, 2015 489 WHEREAS the attached contract has been approved in accordance with the County Executive's review process; and WHEREAS no application was requested from Oakland County; therefore, the application provisions of M.R. #13180, do not apply. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the grant contract in an amount not to exceed $664,000, which includes a local grant match of $33,200, which is available from the airport fund. BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners is authorized to execute the grant contract. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Grant Review Sign Off – Central Services/Aviation 2015 Oakland Troy Airport Grant Program – Rehabilitate Parallel Taxiway and Runway, Michigan Department of Transportation County of Oakland Contract for a Federal/State/Local Airport Project Under the Block Grant Program, Exhibit 1, Attachment 9 Supplemental Provision for Federal/State/Local Contracts Involving Only Preliminary/Design Engineering at all Classifications of Airports, Appendix A Prohibition of Discrimination In State Contracts, Appendix B Civil Rights Act of 1964, Title VI – 49 CFR Part 21 Contractual Requirements, Appendix C, Assurances that Recipients and Contractors Must Make, Appendix F Special Conditions and Appendix G Prime Consultant Statement of DBE Sub-Consultant Payments Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #15216) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF CENTRAL SERVICES – OAKLAND TROY AIRPORT – 2015 GRANT PROGRAM ACCEPTANCE – REHABILITATE PARALLEL TAXIWAY AND RUNWAY INCLUDING FINAL PHASE TERMINAL PARKING LOT AND ENTRANCE ROAD AND AIRFIELD PAINT MARKING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Oakland County has received Michigan Department of Transportation Grant Contract No. FM 63-06-C27 and C29, Federal Project No. B-26-0118-1613, for Federal funds in the amount of $597,600 and State funds in the amount of $33,200, for the development and improvement of Oakland Troy Airport. 2. The project consists of rehabilitating the parallel taxiway and runway including the terminal parking lot and entrance road and airfield paint marking at Oakland Troy Airport. 3. The Airport Committee has reviewed the project and recommends acceptance of the grant contract. 4. Target date for project completion is 36 months from the date of the award. 5. The total cost of the project is $664,000 with $597,600 of the cost from Federal funds, $33,200 from State funds, and $33,200 from the Airport fund resources for the grant match. 6. The Michigan Department of Transportation shall act as agent on behalf of the County in the administration of the project. 7. No General fund appropriation is required. Funding is available within the Airport fund for the required grant match. FINANCE COMMITTEE (The vote for this motion appears on page 498.) *MISCELLANEOUS RESOLUTION #15217 BY: Planning and Building Committee, Philip Weipert, Chairperson IN RE: PARKS AND RECREATION COMMISSION – A PATHWAY TO A HEALTHIER MICHIGAN GRANT ACCEPTANCE Commissioners Minutes Continued. August 13, 2015 490 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Parks and Recreation Commission has been notified of the award of A Michigan Recreation and Park Association: A Pathway to a Healthier Michigan grant award; and WHEREAS the nine thousand two hundred dollar ($9,200) grant will support the creation of a walking program at Catalpa Oaks County Park; and WHEREAS the walking program will feature health and nutrition speakers in partnership with the Oakland County Health Division, walking and healthy living tips, and fitness tracking; and WHEREAS there is no grant match requirement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes and accepts the Pathway to a Healthier Michigan Grant in the amount of $9,200. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the Board’s Chairperson, or his designee, to execute the grant agreement. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Grant Review Sign Off – Parks and Recreation A Pathway to a Healthier Michigan, Correspondence from Ann Conklin, Chief Operating Officer, Michigan Recreation and Park Association, Michigan Recreation and Park Association Partnership Agreement and Attachment A Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #15217) BY: Finance Committee, Tom Middleton, Chairperson IN RE: PARKS AND RECREATION COMMISSION – A PATHWAY TO A HEALTHIER MICHIGAN 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 Oakland County Parks and Recreation Commission has been notified of the award of a Michigan Recreation and Park Association: A Pathway to a Healthier Michigan grant award of $9,200 (100% of the total project cost) to support the creation of a walking program at Catalpa Oaks County Park. 2. Funding includes in-kind equipment (pedometers) in the amount of $900. 3. Grant funding period extends from June 1, 2015 through October 31, 2016. 4. A grant match is not required. 5. A budget amendment is recommended as follows: PARKS AND RECREATION FUND (#50800) FY 2015 FY 2016 Revenue 5060805-160210-650104 Contributions Operating $3,700 $4,600 Total Revenue $ 3,700 $ 4,600 Expense 5060805-160210-750476 Recreation Supplies $3,700 $4,600 Total Expense $ 3,700 $ 4,600 FINANCE COMMITTEE (The vote for this motion appears on page 498.) Commissioners Minutes Continued. August 13, 2015 491 *MISCELLANEOUS RESOLUTION #15218 BY: Planning and Building Committee, Philip Weipert, Chairperson IN RE: PARKS AND RECREATION COMMISSION – 2015 ROAD COMMISSION FOR OAKLAND COUNTY RIGHTS-OF-WAY TREATMENT FUND AWARD To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Parks and Recreation Commission has been notified of the award of a 2015 Road Commission for Oakland County Rights-Of-Way Treatment Fund award; and WHEREAS the five thousand eight hundred eighty two dollar ($5,882) award will help offset the cost of invasive species treatment at Addison, Independence, Orion and Rose Oaks County Parks; and WHEREAS the matching funds of four thousand eight hundred thirty ($4,830) for the invasive species treatment are allocated from the Parks and Recreation fund. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes and accepts the 2015 Road Commission for Oakland County Rights-Of-Way Treatment Fund award in the amount of $5,882. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Grant Review Sign Off – Parks and Recreation 2015 Invasive Species Right-of-ways Treatment Fund, Oakland county Cooperative Invasive Species Management Area Funds Request Form, Addison Oaks County Park 2015 Proposed Contract Work, Independence Oaks County Park 2015 Proposed Contract Work, Orion Oaks County Park 2015 Proposed Contract Work, Rose Oaks County Park 2015 Proposed Contract Work, Oakland County Parks and Recreation – 2015 RCOC – OC CISMA ROW PHRAG Funding Application, Correspondence from Chris White, Operations Manager, Cardno, Correspondence from Emily Cord Duthinh, CISMA Chair Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #15218) BY: Finance Committee, Tom Middleton, Chairperson IN RE: PARKS AND RECREATION COMMISSION – 2015 ROAD COMMISSION FOR OAKLAND COUNTY RIGHTS-OF-WAY TREATMENT FUND AWARD To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Oakland County Parks and Recreation Commission has been notified of an award from the 2015 Road Commission for Oakland County Rights-of-Way Treatment Fund of $5,882 to offset the cost of invasive species treatment at Addison, Independence, Orion and Rose Oaks County Parks. 2. Matching funds of $4,830 and in-kind staffing funds of $955 are included in the Parks and Recreation Commission’s FY2015 budget, for a total project amount of $11,667. 3. A budget amendment is not required. FINANCE COMMITTEE (The vote for this motion appears on page 498.) *REPORT (MISC. #15205) BY: Finance Committee, Thomas Middleton, Chairperson IN RE: SHERIFF’S OFFICE – CONTRACT FOR LAW ENFORCEMENT SERVICES AT THE MICHIGAN RENAISSANCE FESTIVAL – 2015 SEASON To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Commissioners Minutes Continued. August 13, 2015 492 The Finance Committee, having reviewed the above referenced resolution and contract agreement, recommends that the attached contract be amended on Page 3, Section 3, Event Dates, to add September dates of 26, 27. Chairperson, on behalf of the Finance Committee, I move the acceptance of the foregoing report. FINANCE COMMITTEE MISCELLANEOUS RESOLUTION #15205 BY: Public Services Committee, Bill Dwyer, Chairperson IN RE: SHERIFF'S OFFICE - CONTRACT FOR LAW ENFORCEMENT SERVICES AT THE MICHIGAN RENAISSANCE FESTIVAL - 2015 SEASON To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Renaissance Festival, the operator of a summer theatre facility by the same name in Groveland Township, has requested the Oakland County Sheriff's Office to supply Deputies for Law Enforcement Services for the upcoming 2015 season; and WHEREAS the Sheriff's Office has agreed to supply such Deputies on an availability overtime hourly basis, the number of man-hours to be determined by the Sheriff's Office; and WHEREAS this contract has been reviewed by Corporation Counsel; and WHEREAS the County of Oakland shall be reimbursed for such services by the Michigan Renaissance Festival at the hourly overtime rates for the 2015 season, as was established by Miscellaneous Resolution #12266. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the execution of the attached contract consistent with provisions contained therein. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes its Chairperson to execute and enter into this agreement on behalf of the County. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Oakland County Sheriff’s Office 2015 Law Enforcement Services Agreement with the Michigan Renaissance Festival and Attachment A Company Provided Insurance Incorporated by Reference. Original on file in County Clerk’s office FISCAL NOTE (MISC. #15205) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF’S OFFICE – CONTRACT FOR LAW ENFORCEMENT SERVICES AT THE MICHIGAN RENAISSANCE FESTIVAL – 2015 SEASON To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Michigan Renaissance Festival has requested the Oakland County Sheriff’s Office to supply patrol officers for law enforcement services for the upcoming 2015 season. 2. The rates charged in the agreement are consistent with Miscellaneous Resolution #12266 that established standard overtime rates for calendar years 2013 through 2015. 3. The contract will take effect on August 22, 2015 and expires October 4, 2015; or fifteen (15) event days. 4. The proposed agreement will result in approximately $62,843 in revenue and expenditures for Fiscal Year 2015, an increase of $626 from Fiscal Year 2014. 5. Revenue is currently budgeted in the Fiscal Year 2015 Amended Budget and therefore, no budget amendment is recommended. FINANCE COMMITTEE (The vote for this motion appears on page 498.) Commissioners Minutes Continued. August 13, 2015 493 *MISCELLANEOUS RESOLUTION #15206 BY: Public Services Committee, Bill Dwyer, Chairperson IN RE: SHERIFF’S OFFICE-REPLACEMENT AND UPGRADE OF SHERIFF AVIATION MICROWAVE DOWNLINK SYSTEM (DIRECTIONAL GPS) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolutions #00211 and #01315 the Oakland County Sheriff’s Office acquired two helicopters for the purposes of providing public safety and patrol support services throughout Oakland County; and WHEREAS the Microwave Downlink System was damaged due to a lightning strike and insurance recoveries totaling $403,740 were received in 2014 and 2015; and WHEREAS through the Department of Management and Budget’s Purchasing Division bids were solicited from vendors for a replacement system; and WHEREAS only two qualified bids for the Microwave Downlink Directional GPS Transmitters were received; and WHEREAS the Sheriff’s Office with the assistance of Information and Technology (CLEMIS and Radio Communications) is requesting approval for the higher qualified bidder who is providing a newer technology providing improved signal range, thus providing increased interoperability with Federal partners, Michigan State Police, etc.; and WHEREAS the estimated cost for this replacement system is $749,237; and WHEREAS there are available funds in the Sheriff Aviation General Fund Assigned Fund Balance (GL# 383488) to cover the additional cost over and above the insurance recoveries received for the upgraded equipment replacement; and WHEREAS the Sheriff’s Office is requesting to use the $403,740 from the Insurance recoveries for this replacement and $345,497 to be appropriated from the Sheriff Aviation General Fund Assigned Fund Balance (GL#383488). NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the Sheriff’s Office request for the replacement and upgrade of the Sheriff Aviation Microwave Downlink System (Directional GPS) at an estimated cost of $749,237. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Oakland County Sheriff’s Office Communications Unit Interoffice Memorandum from Mel Maier, Chief regarding Aviation Downlink RFP Evaluation Matrix and Selection on file in County Clerk’s office. FISCAL NOTE (MISC. #15206) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF’S OFFICE – REPLACEMENT AND UPGRADE OF SHERIFF AVIATION MICROWAVE DOWNLINK SYSTEM (DIRECTIONAL GPS) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Sheriff’s Office proposes to replace and enhance the Microwave Downlink System that was damaged due to a lightning strike. 2. Bids were solicited from vendors for a replacement system and with the assistance of Information Technology (CLEMIS and Radio Communications) the higher qualified bidder was selected; the vendor will be able to provide newer enhanced technology offering improved signal range and interoperability with Federal partners, Michigan State Police, etc. 3. The estimated cost for this replacement system is $749,237. 4. Partial funding of $440,000 is available in the Patrol Services Division Miscellaneous Capital Outlay line item (#760126) which includes Insurance Recoveries of $403,740. 5. The balance of the funding in the amount of $309,237 is available from the Sheriff Aviation General Fund Assigned Fund Balance (GL Account #383488) 6. The FY 2015 budget is amended as follows: Commissioners Minutes Continued. August 13, 2015 494 GENERAL FUND #10100 (G/L Account #383488) FY 2015 Revenue 9010101-196030-665882 Planned Use of Balance $ 309,237 Total Revenue $ 309,237 Expenditures 4030601-116220-760126 Capital Outlay Miscellaneous $ 309,237 Total Expenditures $ 309,237 FINANCE COMMITTEE (The vote for this motion appears on page 498.) *MISCELLANEOUS RESOLUTION #15207 BY: Public Services Committee, William Dwyer, Chairperson IN RE: SHERIFF'S OFFICE - USE OF FORFEITED FUNDS FOR EQUIPMENT AND TRAINING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Section 333.7524 of Public Act 368 of 1978 authorizes courts to distribute property and funds forfeited through narcotic seizures to participating agencies to be utilized toward the enhancement of law enforcement efforts related to the Controlled Substances Act; and WHEREAS the courts have distributed $622,535 (balance as of 06/22/15) as a result of Sheriff's Office forfeiture efforts; and WHEREAS the Sheriff is requesting that a portion of these funds be used to pay for equipment and training (see attached schedule); and WHEREAS this equipment will be used by the Sheriff's Office to enhance law enforcement efforts in compliance with state law; and WHEREAS the estimated expenses are $255,000, per the attached schedule. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the use of $255,000 from the Sheriff’s Office Law Enforcement Enhancement Account (#21341) to purchase the attached list of equipment and SWAT Training. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Schedule A dated June 29, 2015 on file in County Clerk’s office. FISCAL NOTE (MISC. #15207) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF’S OFFICE – USE OF FORFEITED FUNDS FOR EQUIPMENT AND TRAINING 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. Funds in the amount of $566,306.93 (balance as of 07/27/15) are available in the Sheriff’s Office Law Enforcement Enhancement Fund (#21341). 2. The Sheriff requests use of these funds to enhance drug law enforcement per MCL 333.7524 of Public Act 368 of 1978. 3. The Sheriff is requesting the use of these funds in the amount of $255,000 (per the attached list) to purchase new laptop computer, three (3) Forensic Recovery of Evidence Devices, Access Data’s Forensic Tool Kit, Guidance e Software, X-ways Forensics, Magnet’s Internet Evidence Finder, Cellebrites UFED Touch Kit, DARE car replacement, SWAT Training, Night Vision Equipment, and a Camero (infrared). This equipment and training will used by the Sheriff’s Office to enhance law enforcement efforts in compliance with State law. 4. The Fiscal Year 2015 budget is amended as follows: Commissioners Minutes Continued. August 13, 2015 495 FY 2015 LAW ENFORCEMENT ENHANCEMENT FUND (#21341) Revenue 4030101-116270-665882 Planned Use of Balance $255,000 Total Revenue $255,000 Expenditures 4030101-116270-788001-10100 Transfer Out $255,000 Total Expenditures $255,000 GENERAL FUND (#10100) Revenue 4030101-110000-695500-21341 Transfers In $255,000 Total Revenue $255,000 Expenditures 4030601-110000-730646 Equipment Maintenance $ 25,000 4030601-110000-750170 Other Expendable Equip 215,000 4030601-110000-731304 Officer Training 15,000 Total Expenditures $ 255,000 FINANCE COMMITTEE (The vote for this motion appears on page 498.) *MISCELLANEOUS RESOLUTION #15219 BY: Public Services Committee, William Dwyer, Chairperson IN RE: FRIEND OF THE COURT – FY 2013 COOPERATIVE REIMBURSEMENT PROGRAM (CRP) EXTENSION FOR FY 2016 - GRANT AMENDMENT OVER 15% To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS this amendment extends the grant period and increases funding for the Michigan Department of Health and Human Services (MDHHS) Office of Child Support FY2013 Friend of the Court Cooperative Reimbursement Program; and WHEREAS with this funding Friend of the Court provides enforcement and modification services for domestic relations cases pursuant to Title IV-D of the Social Security Act; and WHEREAS the original funding period was October 1, 2012 through September 30, 2015 approved by Miscellaneous Resolution #12251; and WHEREAS the one-year grant extension period is October 1, 2015 through September 30, 2016; and WHEREAS the amendment adds funding for FY 2016 in the amount of 15,743,141 of which $9,661,673 is federal funds passed through the state (MDHHS) and $1,104,243.00 is state GF/GP funds. The required grant match of $4,977,225 is budgeted in the Circuit Court Family Division. The federal incentive payment portion has not yet been determined; and WHEREAS there are no new grant funded position requested; and WHEREAS this grant has completed the grant review process in accordance with the Board of Commissioners Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves acceptance of the Michigan Department of Health and Human Services (MDHHS) Office of Child Support FY2013 Friend of the Court Cooperative Reimbursement Program amendment for FY 2016. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant agreement and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original agreement as approved. BE IT FURTHER RESOLVED the acceptance of this grant does not obligate the County to any future commitment and continuation of the grant is contingent upon continued future levels of grant funding (Gosling Amendment). Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Commissioners Minutes Continued. August 13, 2015 496 Copy of Grant Review Sign Off – Friend of the Court FY 2013 Cooperative Reimbursement Program (Extension for FY 2016) and Agreement Number: CSFOC13-63001-A3 Amendment Number: 3 Between The State of Michigan Department of Health & Human Services and the County of Oakland Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #15219) BY: Finance Committee, Tom Middleton, Chairperson IN RE: FRIEND OF THE COURT – FY 2013 COOPERATIVE REIMBURSEMENT PROGRAM (CRP) EXTENSION FOR FY 2016 - GRANT AMENDMENT OVER 15% To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. This amendment extends the grant period and increases funding for the Michigan Department of Health and Human Services (MDHHS) Office of Child Support FY2013 Friend of the Court Cooperative Reimbursement Program. 2. The original funding period was October 1, 2012 through September 30, 2015 approved by Miscellaneous Resolution #12251. 3. The one-year grant extension period is October 1, 2015 through September 30, 2016. 4. The amendment adds funding for FY 2016 in the amount of $15,743,141 of which $9,661,673 is federal funds passed through the State (MDHHS) and $1,104,243 is State GF/GP funds. The federal incentive payment portion has not yet been determined; however it is anticipated to be $1,100,000. 5. The required grant match of $4,977,225 is budgeted in the Circuit Court Family Division. 6. There are no new grant funded positions requested and this grant has completed the grant review process in accordance with the Board of Commissioners Grant Acceptance Procedures. 7. The FY 2016-2018 Special Revenue (SR) budget is amended as detailed in the attached Schedule A. FINANCE COMMITTEE (The vote for this motion appears on page 498.) *REPORT (MISC. #15208) BY: Human Resources Committee, Michael Spisz, Chairperson IN RE: MR #15208 – SHERIFF’S OFFICE – CREATION OF POSITIONS FOR BUILDING SECURITY – PHASE II To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee, having reviewed the above referenced resolution on August 13, 2015, reports with the recommendation that the resolution be adopted. Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing report. HUMAN RESOURCES COMMITTEE MISCELLANEOUS RESOLUTION #15208 BY: Public Services Committee, Bill Dwyer, Chairperson IN RE: SHERIFF’S OFFICE – CREATION OF POSITIONS FOR BUILDING SECURITY – PHASE II To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Sheriff’s Office and Facilities Management has conducted a review of building security coverage; and WHEREAS this review has identified areas that need additional security from adding this coverage; and WHEREAS the Sheriff’s Office has worked with Facilities Management to identify building and equipment needs to achieve the security enhancements; and Commissioners Minutes Continued. August 13, 2015 497 WHEREAS the Sheriff’s Office and Facilities Management have developed a phased plan for implementation of these enhancements; and WHEREAS Phase II includes the creation of one (1) GF/GP full-time eligible Deputy II to provide leadership including scheduling, training and reporting under the direction of the Court Services Division Sergeant; and WHEREAS it is proposed to create sixteen (16) GF/GP 1,000 hours per year part-time non-eligible Court Deputy II positions to be used at the North Office Building, North Health Center, Southeast Office (Troy), South Health Building, Executive Office Building, Circuit Court/West Wing, and the Resource Crisis Center; and WHEREAS it is proposed to create one (1) GF/GP full-time eligible Office Assistant I position to assist with the clerical support requirements to include payroll, compile statistics, collection and dissemination of DNA samples to the State of Michigan and updating databases; and WHEREAS funding will come from the Security Reserve non-departmental line item NOW THEREFORE BE IT RESOLVED to create one (1) GF/GP full-time eligible Deputy II position in the Courthouse Security Unit (4030435) BE IT FURTHER RESOLVED to create sixteen (16) GF/GP 1,000 hours per year part-time non-eligible Court Deputy II positions in the Courthouse Security Unit (4030435) BE IT FURTHER RESOLVED to create one (1) GF/GP full-time eligible Office Assistant I in the Courthouse Security Unit (4030435) Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution PUBLIC SERVICES COMMITTEE FISCAL NOTE (MISC. #15208) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF’S OFFICE – CREATION OF POSITIONS FOR BUILDING SECURITY – PHASE II To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Sheriff’s Office and Facilities Management conducted a review of building security coverage and developed Phase II of a comprehensive security plan to enhance the security needs for the following locations: North Office Building, North Health Center, South Office Building (Troy), South Health Building, Executive Office Building (EOB Waterford), Circuit Court West Wing, and Resource Crisis Center. 2. As a result it is recommended to create 18 new positions for the locations listed above. 3. Funding for Phase II of the added security is available in the General Fund General Purpose (GFGP) Non-Departmental Security Reserve line item and is estimated at $60,852 for FY 2015, $537,589 for FY 2016; $547,010 for FY 2017 and $556,617 for FY 2018. 4. One (1) GFGP FTE Deputy II position will be created to provide leadership including scheduling, training and reporting under the direction of the Court Services Division Sergeant; also creates one (1) GFGP FTE Office Assistant I position to assist with clerical support requirements; and creates sixteen (16) GFGP 1,000 hour per year PTNE Court Deputy II positions for security coverage at the above mentioned locations. 5. The FY 2015 - 2018 budgets are amended as follows: GENERAL FUND #10100 Sheriff Corrective Services Satellites FY 2015 FY 2016 FY 2017 FY 2018 9090101-196030-740145 Security Reserve ($60,852) ($537,589) ($547,010) ($556,614) 4030401-112670-702010 Salaries 47,481 419,734 428,129 436,691 4030401-112670-722790 Social Sec. 1,265 11,180 11,404 11,632 4030401-112670-722770 Retirement 3,584 32,167 32,811 33,467 4030401-112670-722780 Hospitalization 3,268 29,484 29,484 29,484 4030401-112670-722760 Group Life 46 214 218 222 4030401-112670-722750 Workers Comp 650 5,582 5,694 5,808 4030401-112670-722810 Disability 126 1,191 1,215 1,240 Commissioners Minutes Continued. August 13, 2015 498 4030401-112670-722820 Unemployment 152 881 899 917 4030401-112670-722800 Dental 186 1,664 1,664 1,664 4030401-112670-722850 Optical 27 242 242 242 4030401-112670-750070 Deputy Supplies 2,596 22,500 22,500 22,500 4030401-112670-750581 Uniforms 1,471 12,750 12,750 12,750 Total Expenditures $ 0 $ 0 $ 0 $ 0 FINANCE COMMITTEE Vote on Consent Agenda: AYES: Fleming, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Kowall, Long, Matis, McGillivray, Middleton, Quarles, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bowman, Dwyer. (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. MISCELLANEOUS RESOLUTION #15220 BY: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION – SPECIAL PROVISION TO AGREEMENT WITH MICHIGAN DEPARTMENT OF HEALTH AND HUMAN SERVICES TO ADD IN-KIND USAGE OF SPACE AT BUILDING 36 EAST IN PONTIAC, MI To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS on October 1, 2013 the State of Michigan, Department of Health and Human Services (MDHHS), HIV Office relocated its office from the Herman Kiefer Health Complex, Detroit, Michigan to vacant space in the South Oakland Health Center (SOHC); and WHEREAS the State of Michigan has asked to add in-kind usage of available space within Building 36 East of the North Oakland Campus in Pontiac MI; and WHEREAS the Oakland County Departments of Health and Human Services and Facilities Management supports and recommends the use of this vacant space in Building 36 East by the HIV Office; and WHEREAS all costs associated with maintaining this vacant space are currently paid for by the County general fund; and WHEREAS the special provision to the CPBC contract between the State of Michigan and Oakland County would permit and govern the use of the space in Building 36 East, which is attached hereto; and WHEREAS the terms and conditions contained in the attached special provision will be incorporated into the CPBC Agreement between the State of Michigan and Oakland County for fiscal year 2016; and WHEREAS, the terms and conditions contained in the attached special provision must be approved prior to October 1, 2015 and prior to the approval of the CPBC grant, because the HIV Office will not have space to runs its National HIV Behavioral Surveillance Study between July 1, 2015 and December 31, 2015; and WHEREAS use of this space will allow the HIV Office, in partnership with Oakland County, to conduct a study to collect data on the emerging epidemic of young, white injection drug users; and WHEREAS the approval of the CPBC Agreement will not be until November or December 2015; and WHEREAS the attached special provision would allow the HIV Office to run its study in building 36 East and use 626 square feet of space prior to the approval of the CPBC Agreement; and WHEREAS the terms and conditions in the attached special provision do not change any of the other conditions of the original Comprehensive Agreement except as provided in this special provision; and WHEREAS the Departments of Health and Human Services and Facilities Management, with the assistance of Corporation Counsel, negotiated the terms and conditions in the attached special provision, have reviewed and/or prepared all necessary documents related to the attached special provision, and recommend its approval. Commissioners Minutes Continued. August 13, 2015 499 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and accepts the terms and conditions of the attached special provision for 626 square feet of space in building 36 East at 1200 North Telegraph Pontiac MI, rooms 141, 142, and 142A. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs its Chairperson or designee to execute the attached special provision and all other related documents between the County and MDHHS which may be required for the use of such space. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Correspondence from Corinne Miller, PhD, Michigan Department of Health and Human Services , Special Provision to the Grant Agreement Between Michigan Department of Community Health and County of Oakland and Figure 1 Second Floor Plan and First Floor Plan Incorporated by Reference. Original on file in County Clerk’s office. The Chairperson referred the resolution to the Planning and Building Committee and the Finance Committee. There were no objections. There were no items to report on the Regular Agenda for the Human Resources Committee. MISCELLANEOUS RESOLUTION #15221 BY: Planning and Building Committee, Philip Weipert, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - RESOLUTION AUTHORIZING THE OAKLAND COUNTY BUILDING AUTHORITY TO FINANCE A NEW ANIMAL SHELTER LOCATED IN OAKLAND COUNTY, MICHIGAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, there have been prepared and presented to the Board of Commissioners (the "Board") of the County of Oakland, Michigan (the "County"), conceptual documents describing the project to finance a new animal shelter located in the County of Oakland (the "Project"), all as more fully described in EXHIBIT A to the Lease Contract (as hereinafter defined), and a proposed Lease Contract between the County and the Oakland County Building Authority (the "Authority") dated as of October 1, 2015 (the "Lease Contract"), pursuant to which the Authority will renovate, remodel, acquire, construct, furnish and equip the Project as contemplated by the terms of Act No. 31, Public Acts of Michigan, 1948 (First Extra Session), as amended ("Act 31"), and lease the Project to the County for a term not to exceed 50 years as permitted by Act 31; and WHEREAS, it has been estimated that the period of usefulness of the Project to be not less than 35 years and that the total cost of renovating, remodeling, acquiring, constructing, furnishing, and equipping the Project (as defined in the Lease Contract) in an amount not to exceed $15,450,000 which will be provided by the proceeds from the sale of bonds by the Authority pursuant to Act 31; and WHEREAS, there has been prepared and attached hereto as APPENDIX I a form of Lease Contract and as APPENDIX II a form of notice entitled "NOTICE OF INTENTION OF THE COUNTY OF OAKLAND TO ENTER INTO A LEASE CONTRACT WITH THE OAKLAND COUNTY BUILDING AUTHORITY AND NOTICE OF RIGHT TO PETITION FOR REFERENDUM THEREON" (the "Notice of Intention"). NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF OAKLAND, MICHIGAN, as follows. 1. The conceptual documents and estimates relating to the Project and identified in EXHIBIT A to APPENDIX I hereto are hereby approved and ordered filed with the County Clerk. 2. The Lease Contract in the form of APPENDIX I hereto is hereby approved. 3. It is hereby determined that the Notice of Intention provides information sufficient to adequately inform the electors and taxpayers of the County of the nature of the contractual obligations to be undertaken by the County in the Lease Contract and of their right under Act 31 to file a petition requesting a referendum election on the Lease Contract. Commissioners Minutes Continued. August 13, 2015 500 4. The form and content of the Notice of Intention are hereby approved, and the County Clerk is hereby authorized and directed to cause the Notice of Intention to be published once in the Oakland Press, Pontiac, Michigan, a newspaper of general circulation within the County which is hereby determined to be the newspaper reaching the largest number of electors and taxpayers of the County. The Notice shall be at least one third of a page in size. 5. The Treasurer of the County is hereby authorized to declare official intent of the County with respect to reimbursement. 6. Each declaration of official intent shall be substantially in the form set forth in APPENDIX III attached hereto and by this reference incorporated herein, and said form may be modified from time to time on the advice of bond counsel to the County and as necessary to conform to requirements of our reimbursement regulations as the same may be adopted by the Internal Revenue Service or amended from time to time, or with the requirements of applicable rulings or regulations relating to tax-exempt borrowings. 7. The Treasurer is hereby directed to file each declaration of official intent in the office of the Oakland County Clerk, which location constitutes the customary location of the records of the Authority which are available to the general public. 8. The Oakland County Clerk is further directed to assure that each declaration of intent is continuously available during normal business hours of the County on every business day of the period beginning the earlier of 10 days after the date of execution of said declaration of intent and ending on the date of issuance of the Reimbursement Bonds. 9. All activities involved in the planning and construction of this Project under this resolution shall comply with the standing rules of the Board of Commissioners. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE APPENDIX I LEASE CONTRACT THIS FULL FAITH AND CREDIT GENERAL OBLIGATION LEASE CONTRACT ("Lease") made as of October 1, 2015, by and between the OAKLAND COUNTY BUILDING AUTHORITY (the "Authority"), a building authority organized and existing under and pursuant to the provisions of Act No. 31, Public Acts of Michigan, 1948 (First Extra Session), as amended ("Act 31"), and the COUNTY OF OAKLAND, a County of the State of Michigan (the "County"), W I T N E S S E T H : WHEREAS, the Authority has been incorporated by the County pursuant to Act 31 for the purpose of acquiring, furnishing, equipping, owning, improving, enlarging, operating and maintaining a building or buildings, automobile parking lots or structures, recreational facilities and stadiums, and the necessary site or sites therefor, for the use of the County; and WHEREAS, the County desires to undertake a project to construct a new animal control facility located in the County of Oakland, as more fully described in EXHIBIT A to this Lease (the "Project"), and it is proposed that the Authority undertake the Project; and WHEREAS, it is proposed that the Authority finance the total cost of the Project by the issuance of building authority bonds payable from cash rental payments to be made by the County to the Authority pursuant to this Lease and Act 31; and WHEREAS, a description of the Project, and estimate of the period of usefulness thereof and an estimate of the total cost of the Project, all as set forth on EXHIBIT A to this Lease, have been reviewed and approved by the Board of Commissioners of the County; and Commissioners Minutes Continued. August 13, 2015 501 WHEREAS, in order to make possible the issuance of building authority bonds to finance all or a portion of the total cost of the Project, it is necessary under Act 31 for the parties to enter into this Lease; THEREFORE, IN CONSIDERATION OF THE MUTUAL UNDERTAKINGS AND AGREEMENTS SET FORTH BELOW, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES TO THIS LEASE AS FOLLOWS: 1. Authorization and Issuance of Bonds. As soon as practicable after the effective date of this Lease, the Authority shall proceed to authorize and issue one or more series of its building authority bonds in the aggregate principal amount of not to exceed $15,450,000 (the "Bonds"), pursuant to and in accordance with provisions of Act 31, for the purpose of remodeling, renovating, acquiring, constructing, furnishing and equipping the Project. The Authority shall pledge for the payment of the principal of and interest on the Bonds the receipts from the cash rental payments described and required to be paid by the County pursuant to this Lease. The Bonds of any series shall be dated November 1, 2015 or the first day of any later month in 2015 or 2016 and the final maturity may be at any time up to and including December 1, 2040 as the Authority shall approve in the resolution authorizing issuance of the Bonds (the "Bond Resolution"). The Bonds shall bear interest at a rate or rates that will result in a net interest cost not exceeding 6% per annum. Interest shall be payable semi-annually and shall begin as specified in the Bond Resolution until maturity of the bonds and shall mature in accordance with the Debt Retirement Schedule set forth on EXHIBIT B to this Lease. Each date on which any payment of principal of and/or interest on any bond is due is referred to herein as a "Bond Payment Date." The Bonds may be payable on the first day of a different month, if necessary, to match rental income paid to the County. The County and the Authority recognize and acknowledge that (a) such Debt Retirement Schedule is based upon an assumed interest rate and date of issuance of the Bonds and upon assumed Bond Payment Dates, all as set forth in EXHIBIT B, (b) the Bond Payment Dates will be specified in the Bond Resolution, (c) the date and amount of each payment of cash rental required under this Lease will be determined (subject to the limitations expressed in the preceding paragraph of this Section) when the Bond Resolution is adopted by the Authority and the Bonds are sold, by application of the rate or rates of interest (that will result in a net interest cost not exceeding 6% per annum) actually borne by the Bonds. The Bonds may be sold subject to redemption prior to maturity at the option of the Authority with such redemption premiums and upon such terms as shall be set forth in the Bond Resolution. Upon receipt of the proceeds of the sale of the Bonds, all premium, capitalized interest, if any, and accrued interest received from the purchaser or purchasers of the Bonds shall be transferred to a bond and interest redemption fund, and the balance of such proceeds shall be deposited into an construction fund, each of which shall be established by the Bond Resolution and maintained as a separate depository account of the Authority. The money in the construction fund shall be used to pay costs of the Project, and upon payment of all such costs, any excess money in the construction fund will be used as provided in Section 4. In the event that for any reason after the date upon which this Lease is executed, but before the Bonds have been issued, it appears to the County and the Authority that the part of the Project to be paid by bond proceeds can be equipped for less than $15,450,000, or the County shall be able to make payment in advance on the cash rental payments payable pursuant to this Lease, the Authority may reduce the amount of bonds to be issued in multiples of $5,000 and reduce the annual maturities or the years of maturities as the County Treasurer shall direct. 2. Transfer of Title to and Completion of Project. As soon as practicable after the Bonds have been sold, the County shall transfer title to the Project to the Authority, and the Authority shall commence the Project. The plans, cost estimate and estimated period of usefulness for the Project, all of which have been filed with the County Clerk and the Secretary of the Authority, are hereby approved and adopted. The Project shall be implemented in substantial accordance with such plans which are Commissioners Minutes Continued. August 13, 2015 502 incorporated as part of (but not attached to) this Lease. No major changes in such plans shall be made without the written approval first by the County and then by the Authority. 3. Increased Project Costs. In the event that it shall appear, upon determining the costs for the construction of the Project and after issuance of the Bonds, that the Project cannot be completed at the estimated cost, the Authority shall immediately so notify the County. The County may elect to pay the increased cost in cash to the Authority in which event the amount of such cash payment shall be deposited in the construction fund for the Project and the Authority shall proceed to construct and complete the Project. In the alternative, the County and the Authority may agree, by an amendment to this Lease, that additional bonds shall be issued by the Authority in an amount sufficient to pay the increased Project costs. If, after the sale and issuance of the Bonds, it shall become necessary to raise additional funds to pay for an increase in the Project costs and this Lease cannot be amended to provide for the issuance of additional bonds, or if for any other reason additional bonds cannot be issued, the County shall pay to the Authority in cash an amount which will be sufficient to enable the Authority to complete the Project in accordance with the plans of the Project. 4. Funds Remaining After Completion. Any unexpended balance of the proceeds of the sale of the Bonds remaining after completion of the Project may be used to improve or enlarge the Project upon the approval of the Planning and Building Committee of the Board of Commissioners provided that such use of the funds in the construction fund has been approved by the Municipal Finance Division of the Michigan Department of Treasury, if necessary, and the County. Any unexpended balance not so used shall be paid into the bond and interest redemption fund, and the County shall receive a credit against the cash rental payments next due under this Lease to the extent of the moneys so deposited in the manner provided in the Bond Resolution. 5. Insurance Requirements. The Authority shall require any contractor or contractors for the Project to furnish all necessary bonds guaranteeing performance and all labor and material bonds and all owner's protective, workers' compensation and liability insurance required for the protection of the Authority and the County. Such bonds and insurance, and the amounts thereof, shall be subject to approval of the County’s Department of Risk Management on the advice of its counsel. The Authority also shall require a sufficient fidelity bond from any person handling funds of the Authority. 6. Lease Term; Possession; Reconveyance. (a) The Authority does hereby lease the Project, as described in Exhibit A, to the County for a term commencing on the effective date of this Lease (determined as provided in Section 22) and ending on December 31, 2040, or such earlier or later date as the principal of and premium, if any, and interest on the Bonds, the fees and expenses of the paying agent for the Bonds and all amounts owing hereunder have been paid in full, but in any event the term of this Lease shall not exceed 50 years. Possession of the Project shall vest in the County upon the complete execution of the Lease. At the end of the term of this Lease, the Authority shall convey to the County all of its right, title and interest in and to the Project and any lands, easements or rights-of-way appertaining thereto, and upon such conveyance, this Lease shall terminate, and the Authority shall have no further interest in, or obligations with respect to, the Project. (b) The County shall, upon the terms and conditions set forth in this Lease, acquire and convey to the Authority all lands, buildings, tenements, hereditaments, easements and rights-of-way necessary to enable the Authority to complete the Project in accordance with the plans. 7. Cash Rental; Pledge of Full Faith and Credit. The County hereby agrees to pay to the Authority as cash rental for the Project such periodic amounts as shall be sufficient to enable the Authority to pay the principal of and interest on the Bonds as such principal and interest shall become due, whether at maturity or by redemption. For so long as any bonds are outstanding, the County shall pay to the Authority, on the Bond Payment Date, an amount sufficient to pay the principal and/or interest due on the Bonds on such Bond Payment Date. Commissioners Minutes Continued. August 13, 2015 503 The County hereby pledges its full faith and credit for the payment of the cash rental when due and agrees that it will levy each year such ad valorem taxes as shall be necessary for the payment of such cash rental, which taxes, however, will be subject to applicable constitutional and statutory limitations on the taxing power of the County, and which shall not be in an amount or at a rate exceeding that necessary to pay its contractual obligation pursuant to this Lease. If the County, at the time prescribed by law for the making of its annual tax levy, shall have other funds on hand which have been set aside and earmarked for payment of its obligations under this Lease for which a tax levy would otherwise have to be made, then the tax levy shall be reduced by the amount of such other funds. Such other funds may be raised from any lawful source. The obligation of the County to make such cash rental payments shall not be subject to any set-off by the County nor shall there be any abatement of the cash rental payments for any cause, including, but not limited to, casualty that results in the Project being untenantable. 8. Expenses of Issuing and Payment of Bonds. The Authority shall pay from the proceeds of the sale of any series of the Bonds all expenses incurred with respect to the issuance of the Bonds. The County agrees to pay to the Authority, in addition to the cash rental provided for in Section 7, all expenses incurred with respect to the issuance and payment of the Bonds, to the extent not so paid from the proceeds from the sale of the Bonds. The obligation of the County to make such payments shall be a general obligation of the County. 9. Preliminary Expenses of the County. Upon the sale of the Bonds, the County shall give the Authority a full and complete accounting of the preliminary costs and expenses incurred on or before that date by the County in connection with the Project, and the Authority shall thereupon reimburse the County for such costs and expenses to the extent that such costs and expenses were included in the portion of the total cost of the Project to be paid from bond proceeds. 10. Maintenance and Repairs. The County shall, at its own expense, operate and maintain the Project and shall keep the same in good condition and repair. Operation and maintenance shall include but not be limited to the following: the furnishing of all personnel, equipment and facilities; the provision of all light, power, heat, water, sewerage, drainage and other utilities; and the furnishing of all properties and services of whatever nature, as shall be necessary or expedient in the efficient and lawful operation and maintenance of the Project. Premiums for insurance required to be carried upon or with respect to the Project or the use thereof and taxes levied upon either party hereto on account of the ownership or use of the Project, or on account of rentals or income from the Project, shall likewise be deemed operation and maintenance expenses. The obligation of the County to pay all costs and expenses of the operation and maintenance of the Project shall be a general obligation of the County. 11. Property Insurance and Insurance Proceeds. The County shall cause to be provided, at no expense to the Authority, fire and extended coverage insurance in an amount which is at least equal to the amount of bonds outstanding from time to time or to the amount of the full replacement cost of the Project if that amount be less than the amount of bonds outstanding. In the event of the partial or total destruction of the Project during or after construction, or if the Project is for any reason made unusable, the cash rental payments provided in Section 7 shall continue unabated. In the event the insurance proceeds are payable to the County, the County shall have the option to use the proceeds of insurance, in the event of loss or damage to the Project, for the repair or restoration of the Project. 12. Liability Insurance. The County shall cause to be provided and maintained during the term of this Lease adequate liability insurance or self insurance protecting the County and the Authority against loss on account of damage or injury to persons or property, imposed by reason of the ownership, possession, use, operation, maintenance or repair of the Project and the site of the Project, or resulting from any acts of omission or commission on the part of the County or the Authority or their respective officers or employees in the connection with the Project. Such insurance shall be made effective upon the complete execution of this Lease. Commissioners Minutes Continued. August 13, 2015 504 13. No Unlawful Use Permitted. The Project shall not be used or permitted to be used in any unlawful manner or in any manner which would violate the provisions of any contract or agreement between the County or the Authority and any third party. To the extent permitted by law, the County shall hold the Authority harmless and keep it fully indemnified at all times against any loss, injury or liability to any persons or property by reason of the use, misuse or non-use of the Project or from any act or omission in, on or about the Project. The County shall, at its own expense, make any changes or alterations in, on or about the Project which may be required by any applicable statute, charter, ordinance or governmental regulation or order and shall save the Authority harmless and free from all costs or damages with respect thereto. 14. Alterations of Project. The County, in its sole discretion, may install or construct in or upon, or may remove from the Project, any equipment, fixtures or structures, and may make any alterations to or structural changes in, the Project as the County may desire in accordance with the standing rules of the Board of Commissioners. 15. Right of Inspection. The Authority, through its officers, employees, or agents, may enter upon the Project at any reasonable time during the term of this Lease for the purpose of inspecting the Project and determining whether the County is complying with the covenants, agreements, terms and conditions of this Lease. 16. Contractual Rights of Bondholders. Inasmuch as this Lease, and particularly the obligation of the County to make cash rental payments to the Authority, provides the security for payment of the principal of and interest on the Bonds, it is hereby declared that this Lease is made for the benefit of the holders from time to time of the Bonds as well as for the benefit of the parties and that such holders shall have contractual rights under this Lease. In the event of any default under this Lease on the part of the County, the Authority and the holders of the Bonds shall have all rights and remedies provided by law, including in particular all rights and remedies provided by Act 31. The parties shall not do nor permit to be done any act, including amending this Lease, that would impair the security of the Bonds or the rights of the holders of the Bonds. An amendment of this Lease to authorize the issuance of additional bonds and providing the payment of additional cash rentals for the payment of such bonds shall not be deemed to impair the security of the Bonds or the rights of the holders of the Bonds. 17. Appurtenant Facilities. The site on which this Project is to be located includes or will include roadways, walks, drives, parking areas and landscaping which are of benefit to and necessary to the full use and enjoyment of the Project, the County shall maintain such appurtenant facilities in good repair and condition. The appurtenant facilities shall be available to the users and occupants of the Project. 18. Successors and Assigns. This Lease shall inure to the benefit of, and be binding upon, the respective parties hereto and their successors and assigns, provided, however, that no assignment shall be made in violation of the terms of this Lease nor shall any assignment be made which would impair the security of the Bonds or the rights of the holders of the Bonds. 19. Abandonment of Project. In the event the Bonds to finance the Project cannot be or are not issued by the Authority on or before December 31, 2018, the Project shall be abandoned, the County shall pay from available funds all expenses of the Authority incurred to the date of abandonment, and neither party shall have any further obligations under this Lease. 20. Consents, Notices, Etc. The right to give any consent, agreement or notice required or permitted in this Lease shall be vested, in the case of the County, in its Board of Commissioners, and in the case of the Authority, in its Commission. Any notice required or permitted to be given under this Lease shall be given by delivering the same, in the case of the County, to the County Clerk, and in the case of the Authority, to any member of its Commission. Commissioners Minutes Continued. August 13, 2015 505 21. Changes in Law or Corporate Status. In the event there shall occur changes in the Constitution or statutes of the State of Michigan which shall affect the organization, territory, powers or corporate status of the County, the terms and provisions of this Lease shall be unaffected thereby insofar as the obligation of the County to make the cash rental payments is concerned. The proceeds of any sale or other liquidation of any interest of the County or the Authority in the Project are hereby impressed with a first and prior lien for payment of any outstanding bonds or other obligations of the Authority incurred by reason of the Project or any additions or improvements thereto. 22. Effective Date of Lease. This Lease shall become effective on the 61st day after publication of a Notice of Intention in the Oakland Press, a newspaper published in Pontiac, Michigan, as required by Act 31, provided that if a petition for a referendum is filed as provided in (and meeting all requirements of) Section 8b of Act 31, then this Lease shall not become effective unless and until approved by a majority of the electors of the County voting thereon at a general or special election. 23. Undertaking to Provide Continuing Disclosure. The County and the Authority hereby covenant and agree, for the benefit of the beneficial owners of the Bonds, to enter into a written undertaking (the "Undertaking") required by SEC Rule 15c2-12 promulgated by the Securities and Exchange Commission pursuant to the Securities and Exchange Act of 1934 (the "Rule") to provide continuing disclosure of certain financial information and operating data and timely notices of the occurrence of certain events in accordance with the Rule. The undertaking shall be in the form attached to the official statement for the Bonds. This Undertaking shall be enforceable by the beneficial owners of the Bonds or by the Purchaser(s) on behalf of such beneficial owners (provided that the Purchaser(s) right to enforce the provisions of this Undertaking shall be limited to a right to obtain specific enforcement of the obligations hereunder and any failure by the County and the Authority to comply with the provision of this Undertaking shall not be an event of default with respect to the Bonds). The County Treasurer and the Chairperson or Treasurer of the Authority, or other officer of the County or Authority charged with the responsibility for issuing the Bonds, shall provide a Continuing Disclosure Certificate for inclusion in the transcript of proceedings, setting forth the details and terms of the County’s and Authority's Undertaking. IN WITNESS WHEREOF, the OAKLAND COUNTY BUILDING AUTHORITY, by its Commission, and the COUNTY OF OAKLAND, by its Board of Commissioners, have caused this Lease to be signed by their duly authorized officers, and their seals to be affixed hereto, all as of the day and year first above written. WITNESSES TO SIGNATURES OAKLAND COUNTY BUILDING AUTHORITY OF AUTHORITY OFFICERS: ________________________ By:__________________________________ Chairperson of its Commission ________________________ By:_________________________________ Secretary of its Commission WITNESSES TO SIGNATURES COUNTY OF OAKLAND OF COUNTY OFFICERS: _______________________ By:__________________________________ Chairperson, Board of Commissioners Commissioners Minutes Continued. August 13, 2015 506 _______________________ By:__________________________________ County Clerk STATE OF MICHIGAN) )ss. COUNTY OF OAKLAND) On this ____ day of _____________, ____, before me appeared ________________ and ________________, to me personally known, who being by me duly sworn, did each say that they are, respectively, the Chairperson and the Secretary of the Commission of the OAKLAND COUNTY BUILDING AUTHORITY and that the foregoing Lease Contract was signed and sealed by them on behalf of the Authority by authority of its Commission, and that such persons acknowledged such instrument to be the free act and deed of the Authority. ____________________________________ /s/____________________________, Notary Public State of Michigan, County of Oakland My commission expires ______________ Acting in the County of Oakland (Seal) STATE OF MICHIGAN) )ss. COUNTY OF OAKLAND) On this ____ day of _______________, ____, before me appeared _______________________ and _________________, to me personally known, who being by me duly sworn, did each say that they are, respectively, the Chairman of the Board of Commissioners and the County Clerk of the COUNTY OF OAKLAND and that the foregoing Lease Contract was signed and sealed by them on behalf of the County by authority of its Board of Commissioners, and that such persons acknowledged such instrument to be the free act and deed of the County. ____________________________________ /s/____________________________, Notary Public State of Michigan, County of Oakland My commission expires ______________ Acting in the County of Oakland (Seal) Instrument Drafted By: John R. Axe Axe & Ecklund, P.C. 21 Kercheval, Suite 360 Grosse Pointe Farms, Michigan 48236 Commissioners Minutes Continued. August 13, 2015 507 EXHIBIT A to LEASE CONTRACT PROJECT DESCRIPTION The project will consist of an approximately 30,500 sq. ft. facility designed to accommodate cats and dogs in a new Animal Control Facility to be located next to the Sheriff’s Administration building on the main Oakland County campus in Pontiac, Michigan. Projected Cost Summary for a New Animal Shelter: Total Project Construction Costs: • Site work, electrical connection, 500 KW generator, other misc., and building construction cost; • Construction management fees, testing, permits, other; • Architect/Engineering fees, other owner’s costs, phone, data, security; • Furnishings/fixtures/equipment, other – misc., and Contingency : $15,200,000 Financing Costs Including Bond Discount and Contingency: $ 250,000 Total Estimated Bond Issue Size: $15,450,000 EXHIBIT B to LEASE CONTRACT OAKLAND BUILDING AUTHORITY PROJECT SCHEDULE OF PRINCIPAL AND INTEREST _______________________________________________________________ DUE AMOUNT TOTAL $_________ APPENDIX II NOTICE OF INTENTION OF THE COUNTY OF OAKLAND TO ENTER INTO A LEASE CONTRACT WITH THE OAKLAND COUNTY BUILDING AUTHORITY AND NOTICE OF RIGHT TO PETITION FOR REFERENDUM THEREON TO ALL ELECTORS AND TAXPAYERS OF THE COUNTY OF OAKLAND: NOTICE IS HEREBY GIVEN that the Board of Commissioners of the County of Oakland, Michigan (the "County"), has authorized the execution of a full faith and credit general obligation lease contract (the "Lease") between the County and the Oakland County Building Authority (the "Authority"). The Lease provides, among other things, for the following purposes: See Exhibit A to be located at: See Commissioners Minutes Continued. August 13, 2015 508 Exhibit A (the "Project"). The Lease provides further that the Authority will finance all or a portion of the total cost of the Project by the issuance of one or more series of building authority bonds (the "Bonds") pursuant to the provisions of Act No. 31, Public Acts of Michigan, 1948 (First Extra Session), as amended ("Act 31"), in anticipation of the receipt of cash rental payments to be made by the County to the Authority pursuant to the Lease. The maximum amount of bonds to be issued in one or more series shall not exceed $15,450,000, the term of the Lease shall not exceed 50 years and the Bonds shall bear interest at a rate or rates that will result in a net interest cost of not more than 6% per annum. FULL FAITH AND CREDIT AND TAXING POWER OF THE COUNTY OF OAKLAND WILL BE PLEDGED NOTICE IS FURTHER GIVEN that in the Lease the County will obligate itself to make cash rental payments to the Authority in amounts sufficient to pay the principal of and interest on the Bonds. The full faith and credit of the County will be pledged for the making of such cash rental payments. Pursuant to such pledge of its full faith and credit, the County will be obligated to levy such ad valorem taxes upon all taxable property in the County as shall be necessary to make such cash rental payments, which taxes, however, will be subject to applicable statutory and constitutional limitations on the taxing power of the County. In addition to its obligation to make cash rental payments, the County will agree in the Lease to pay all costs and expenses of operation and maintenance of the Project and all expenses of the Authority incidental to the issuance and payment of the Bonds, to the extent such expenses are not payable from the proceeds of the Bonds. RIGHT TO PETITION FOR REFERENDUM NOTICE IS FURTHER GIVEN to the electors and taxpayers of the County to inform them of the right to petition for a referendum on the question of entering into the Lease. The County intends to enter into the Lease without a vote of the electors thereon, but the Lease shall not become effective until 60 days after publication of this notice. If, within 45-days after publication of this notice, a petition for referendum requesting an election on the Lease, signed by not less than 10% or 15,000 of the registered electors of the County, whichever is less, has been filed with the County Clerk, the Lease shall not become effective unless and until approved by a majority of the electors of the County voting thereon at a general or special election. This notice is given by order of the Board of Commissioners pursuant to Act 31. Further information may be obtained at the office of the Oakland County Clerk, County Service Center, 1200 N. Telegraph Rd., Pontiac, Michigan 48341. EXHIBIT A PROJECT DESCRIPTION The project will consist of an approximately 30,500 sq. ft. facility designed to accommodate cats and dogs in a new Animal Control Facility to be located next to the Sheriff’s Administration building on the main Oakland County campus in Pontiac, Michigan. Projected Cost Summary for a New Animal Shelter: Total Project Construction Costs: • Site work, electrical connection, 500 KW generator, other misc., and building construction cost; • Construction management fees, testing, permits, other; • Architect/Engineering fees, other owner’s costs, phone, data, security; Commissioners Minutes Continued. August 13, 2015 509 • Furnishings/fixtures/equipment, other – misc., and Contingency : $15,200,000 Financing Costs Including Bond Discount and Contingency: $ 250,000 Total Estimated Bond Issue Size: $15,450,000 Lisa Brown Oakland County Clerk DATED: [Date of Publication] APPENDIX III FORM OF DECLARATION OF OFFICIAL INTENT I, the undersigned __________ of the County of Oakland, Michigan, do hereby certify as follows: 1. I am an officer of the County authorized to declare official intent of the County to reimburse expenditures made, prior to the issuance of debt, from the proceeds of said debt. 2. This Declaration relates to the following expenditures (the "Expenditures"): Amount General Purpose 3. The Expenditures are with respect to property (the "Property") having: (A) the following general character, type or purpose: __________________________________________________ _______________________________________; (B) the following size, quantity or cost: __________ _________________________________________________; and (C) a reasonably expected economic life at least one (1) year. 4. I understand that a substantial deviation between the above description of the Property for which the Expenditures are being made and the actual Property which is acquired or constructed will invalidate this declaration of official intent with the result that any proceeds of tax-exempt debt which are used to reimburse for the Expenditures will not be deemed to have been expended upon such reimbursement. 5. The County intends to reimburse the Expenditures by incurring taxable or tax-exempt debt (the "Reimbursement Obligations"). 6. The expected source of funds that will be used to pay the Expenditures is as follows: issuance of up to $_________ of Building Authority Bonds by the Oakland County Building Authority. Commissioners Minutes Continued. August 13, 2015 510 7. The expected source of funds to be used to pay debt service on the Reimbursement Obligation is as follows: payment made by the Oakland County ____________________ through the Oakland County General Fund. 8. This declaration of intent is consistent with the budgetary and financial circumstances of the County as of the date hereof in that there are no funds which are now or are reasonably expected to be, (A) allocated on a long-term basis, (B) reserved or (C) otherwise available pursuant to the County's budget, to pay the Expenditure. 9. The County does not have a pattern of failure to reimburse expenditures for which official intent has been declared in that at least seventy-five percent (75%) of all expenditures made after ________, for which the County has declared an intent to reimburse from the proceeds of taxable or tax- exempt debt have been, or are expected to be, so reimbursed. 10. I acknowledge that in the event that the County fails to use the proceeds of Reimbursement Obligations issued within three (3) years of the date hereof to reimburse expenditures the same may adversely affect the ability of the County to use the proceeds of tax-exempt obligations in the future to reimburse for expenditures made prior to the issuance of such obligations. 11. I further acknowledge that unless the Expenditures constitute preliminary expenditures (in the nature of architect services and soil testing but excluding land acquisition) for the Property not in excess of ten percent (10%) of the expected cost of the project of which the Property constitutes a part, the Expenditures will be paid within not in excess of two (2) years following the date hereof or, as an alternative, this declaration of intent will be renewed. 12. I further acknowledge that it is expected that the proceeds of Reimbursement Obligations will be used for reimbursement of each Expenditure not later than (A) the date that is one (1) year after the date on which such Expenditure is paid or (B) the date that is one (1) year after the date on which the Property is placed in service. 13. I further acknowledge that I will assure that the allocation referenced in item 12 (A) will be evidenced by an entry on the records of the County maintained with respect to the Reimbursement Obligations, (B) will specifically identify the Expenditure being reimbursed, and (C) on the advice of the appropriate counsel will be sufficient to relieve the allocated proceeds of the Reimbursement Obligations covered by such entry from any restrictions under the relevant legal documents and applicable state law that apply only to unspent proceeds of Reimbursement Obligations. 14. I further acknowledge that I will assure that except as referenced in item 15 the proceeds of the Reimbursement Obligations that are used to reimburse the Expenditures will not be used, directly or indirectly, (A) to pay debt service on an issue of tax-exempt obligations, (B) to create or increase the balance in a sinking fund established for the payment of debt service on the Reimbursement Obligations or another issue of tax-exempt obligations of the County or to replace funds that have been, are being, or will be so used for reserve or replacement fund purpose, or (D) to reimburse any expenditures or any payment with respect to financing of an expenditure that was originally paid with proceeds of any tax- exempt obligations of the County to any person or entity other than the County. 15. I understand that item 14 does not prohibit the use of those proceeds of the Reimbursement Obligations that are used to reimburse the Expenditures for (A) deposit in a bona fide debt service fund (that is, a fund established to pay debt service on any tax-exempt obligation of the County, other than the Reimbursement Obligation, which is depleted annually except for a reasonable carry over amount not in excess of one (1) year's interest earnings on said fund or one-twelfth (1/12th) of annual debt service), (B) to pay current debt service coming due within the next succeeding one-year period on any tax-exempt obligation of the County, other than the Reimbursement Obligations, or (C) to reimburse for expenditures originally made from the proceeds of a tax-exempt obligation of the County Commissioners Minutes Continued. August 13, 2015 511 which were not reasonably expected by the County, on the date of issue of such obligation, to be used for such expenditure. IN WITNESS WHEREOF, the undersigned has executed this declaration of official intent this ______ day of ________, ____. ___________________________________ County ____________ Copy of Preliminary Timetable on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION # 15222 BY: Planning and Building Committee, Philip Weipert, Chairperson IN RE: FACILITIES MANAGEMENT / PUBLIC SERVICES – AUTHORIZATION TO PROCEED WITH ARCHITECTURAL AND ENGINEERING DESIGN PHASE OF CONSTRUCTING A NEW ANIMAL SHELTER To The Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the 23,151 sq. ft. Animal Shelter building on Brown Road in Auburn Hills is 40 years old and requires a minimum of $1.4 million of improvements; and WHEREAS the Capital Improvement Program (CIP) in the FY2016-25 County Executive Recommended Budget includes a Future Project for a new Animal Shelter; and WHEREAS Public Services and Facilities Management have been working together to preliminarily design a 30,500 sq. ft. facility located next to the Sheriff’s Administration building on the main County campus that would accommodate a census of 140 cats and 150 dogs; and WHEREAS the proposed building would be energy efficient and include adequate acoustical control, adequate space for individual animals, proper physical separation of animals, much improved air quality, and use of materials that contribute to a sanitary, healthy environment; and WHEREAS the features of a new building would include: • Reception lobby and atrium • Open, welcoming floor plan • Bright, airy spaces • Dedicated space to reunite strays with their families • Energy efficient envelop and systems • Interior acoustical separation walls and ceiling panels • Separate dog and cat intake and adoption areas • “Real Life” rooms for families to spend time with dogs and cats • Long-term dog and cat housing • Moisture-sensitive floor coverings and high-performance wall coatings • Laundry facility • Veterinary clinic, surgery, and recovery areas WHEREAS placing the new Animal Shelter on the main campus would greatly reduce the transport time and distance of Jail trustees; and WHEREAS the main campus would be a much more central and easily accessible location for County residents; and WHEREAS the Greenan Facility, Trustee Camp, and Boot Camp on Brown Road are all vacant and mothballed; and WHEREAS once a new Animal Shelter is constructed on the main campus, the entire 42 acre parcel on Brown Road could be sold and the proceeds receipted in the Building Improvement Fund for capital improvement projects; and WHEREAS selling the Brown Road property would return it to the tax rolls; and WHEREAS the expected project timeline is 28 months to open a new Animal Shelter; and Commissioners Minutes Continued. August 13, 2015 512 WHEREAS a separate resolution is be presented to the to the Board of Commissioners for an intent to issue bonds to cover the costs of the new Animal Shelter; and WHEREAS to meet the above timeline, Public Services and Facilities Management are requesting approval from the Board of Commissioners to contract with a competitively selected Construction Manager as soon as possible that will work closely with the County’s competitively selected annual contractor architect; and WHEREAS to meet the above timeline, Public Services and Facilities Management are requesting approval from the Board of Commissioners to amend the contract with the County’s competitively selected annual contractor architect; and WHEREAS the architectural and engineering fees for the period of time prior to the sale of bonds is estimated to be $435,000 and will result in schematic designs, design development, and 25% of the construction documents for bidding the trades; and WHEREAS the Building Improvement Fund (#40100) can provide an advance of $435,000 for the architectural and engineering design fees incurred during the period of time prior to the sale of bonds. NOW THEREFORE BE IT RESOLVED that the Board of Commissioner’s authorizes entering into a contract with a competitively selected Construction Manager and to amend the contract with the County’s competitively selected annual contractor architect for architectural and engineering design services for the period of time prior to the sale of bonds in an amount not to exceed $435,000. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #15223 BY: Public Services Committee, William Dwyer, Chairperson IN RE: ANIMAL CONTROL AND PET ADOPTION CENTER – ACCEPTANCE OF GIFT TO THE OAKLAND COUNTY ANIMAL CONTROL AND PET ADOPTION CENTER To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in current times, many people have become more enlightened and concerned about the fate and welfare of animals that come into contact with public animal shelters; and WHEREAS in Oakland County, we are extremely fortunate to have compassionate residents that give generously to the Oakland County Animal Control and Pet Adoption Center’s Legacy Fund and support its efforts to provide the highest quality service and humane treatment to the animals entrusted to the care of the Oakland County Animal Control and Pet Adoption Center; and WHEREAS Ms. Joyce M. Danas, a kind and generous person who was concerned about animals wellbeing, was aware of the quality service provided by the Oakland County Animal Control and Pet Adoption Center, and has demonstrated a lasting commitment to providing assistance throughout her lifetime; and WHEREAS Ms. Danas wanted to assist the Center in continuing its work for the protection and preservation of animals and has established a generous legacy to continue the humane support of animals into the future; and WHEREAS Ms. Danas previously donated an amount of $46,500 in July 2013 (received via Miscellaneous Resolution #13209); and $15,877.56 in December 2013 (received via Miscellaneous Resolution #14043; and $150,000 in August 2014 (received via Miscellaneous Resolution #14194); and WHEREAS Ms. Danas’ wishes are provided for in her living trust, in which now the Successor Trustee has made final distribution, “The Oakland County Animal Care Center, for a distribution amount of $59,925.25;” and WHEREAS #83204 requires that gift donations with a value of $10,000 or more, with no match or other financial obligations to the county, be reviewed by the department’s/division’s liaison committee, acknowledge by the Board of Commissioners by signed resolution, accounted for in the appropriate departmental donation account, and recorded as a general fixed County asset. Commissioners Minutes Continued. August 13, 2015 513 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners acknowledges the generous gift of $59,925.25 bequeathed by Ms. Danas to the Oakland County Animal Control and Pet Adoption Center. BE IT FURTHER RESOLVED that the donation was accounted for in the Oakland County Animal Control and Pet Adoption Center’s Legacy Fund. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Letters from Richard S. Mroczka, Esq., Law Office of Richard S. Mroczka, P.L.L.C., Probate Court Inventory Document, Receipt of Distributive Share, Receipt Oakland County Animal Control and Pet Adoption Center on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #15224 BY: Public Services Committee, Bill Dwyer, Chairperson IN RE: PROSECUTING ATTORNEY/LITIGATION DIVISION-UPWARD RECLASSIFICATION OF COURT SERVICE OFFICE II POSITION (#4010201-10439) TO PROSECUTOR INVESTIGATOR To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Prosecuting Attorney utilizes the classification of Prosecutor Investigator to conduct investigations of alleged criminal activity, while gathering and maintaining information on individuals and organizations alleged to be involved in criminal activity; and WHEREAS the Prosecuting Attorney’s office has noticed an increase in the complexity of juvenile cases, requiring post charging investigations in the Juvenile Court which created a need for additional investigator staff; and WHEREAS the Prosecuting Attorney is requesting to reclassify one (1) full-time eligible Court Service Officer II position (#4010201-10439) to a Prosecutor Investigator to conduct witness interviews with victims, especially children; and WHEREAS this position became vacant on June 19, 2015; and WHEREAS the Court Service Officer II classification is currently Merit and non-union; and WHEREAS the Prosecutor Investigator classification is Appointed per Merit Rule One and represented by the Prosecutor’s Investigators Union; and WHEREAS there are sufficient funds in the Non-Departmental General Fund Classification and Rate Change line item to offset the cost of this upward reclassification. NOW THEREFORE BE IT RESOLVED to upwardly reclassify one (1) full-time eligible Court Services Officer II position (#4010201-10439) to a Prosecutor Investigator. BE IT FURTHER RESOLVED that the position will be represented by the Prosecutor’s Investigators Union. 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 # 15225 BY: Public Services Committee, Bill Dwyer, Chairperson IN RE: CIRCUIT COURT – POSITION CHANGES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Circuit Court has reviewed its operations and determined areas where efficiencies could be realized; and WHEREAS it has been determined that a full-time Executive Secretary is needed in the Court Administrative Office to create stability and manage the work load; and Commissioners Minutes Continued. August 13, 2015 514 WHEREAS the current arrangement of a part-time non-eligible, 1,000 hours per year Executive Secretary leaves the office without continuity; and WHEREAS not having secretarial coverage on a full-time basis creates a delay in the administrative functions; and WHEREAS having one full-time secretary would provide a consistency in work production and scheduling; and WHEREAS the full-time secretary will prepare all Circuit Court Judge’s meeting agenda packets and meeting minutes, answer phones for the office, set up meetings, and perform other secretarial services for Court Administration as well as other division managers; and WHEREAS it is proposed to delete two (2) Part-Time Non-Eligible GF/GP, 1,000 hours per year Executive Secretary positions (#3010101-11213) (#3010101-11466) to offset the creation of one (1) Full-Time Eligible GF/GP Executive Secretary (#3010101); and WHEREAS the remaining portion of this creation would be covered by a reallocation of funds from the Printing Line Item, which has favorability; and WHEREAS it is requested to transfer one (1) GF/GP Full-Time Eligible Office Assistant II (3010201-00195) from the Circuit Court Business Court Division (#3010201) to the Circuit Court Family Court Judicial Support Division (#3010403) to accurately reflect the duties and reporting structure of the position. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approve the deletion of two (2) GF/GP Part-Time Non-Eligible, 1,000 hours per year Executive Secretary positions (#3010101-1123) (#3010101-11466). BE IT FURTHER RESOLVED to create one (1) GF/GP Full-Time Eligible Executive Secretary position in the Unit (#3010101). BE IT FURTHER RESOLVED to transfer one (1) GF/GP Full-Time Eligible Office Assistant II (3010201- 00195) to the Circuit Court Family Court Judicial Support Division (#3010403). 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 #15226 BY: Commissioners Janet Jackson, District #21; Marcia Gershenson, District #13; Helaine Zack, District #18; IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR SENATE BILL 395 AND HOUSE BILL 4719 IN HOME ACCESSIBILITY TAX CREDIT – STATE OF MICHIGAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in 2015 there are 2.27 million individuals of various ages with disabilities in the State of Michigan according to the United States Census Bureau and 2011 Michigan Behavioral Risk Factor Survey; and WHEREAS 15% of Michigan’s population in 2013 were 65 years of age and over as reported by the United States Census Bureau; and WHEREAS organizations such as the Disability Network/Michigan (DN/M), the Statewide Independent Living Council (SILC), Michigan Disability Rights Coalition (MDRC), the Office of State ADA Compliance and the Area Agency on Aging 1-B are continuously striving for independent living for individuals with disabilities and for seniors; and WHEREAS the Board of Commissioners partnered aging service organizations, consumers, elected officials, business leaders and other stakeholders to create the report “Preparing for the Silver Tsunami"; and WHEREAS within this report, officials predicted that Oakland County will experience an unprecedented older adult population growth and that by 2030 the number of seniors in the county will have doubled; and WHEREAS the report further outlined that officials predict that by 2020, almost half of Oakland County's 61 communities will have more seniors over age 65 than school-age children; and Commissioners Minutes Continued. August 13, 2015 515 WHEREAS “Preparing for the Silver Tsunami” identified as a priority goal assisting this rapidly growing senior population with improved access to affordable home modification and maintenance services; and WHEREAS when seniors and individuals with disabilities remain in their home, they enjoy a better quality of life, maintain their dignity and independence; and WHEREAS the high cost of renovation or relocation is often a barrier to seniors and families on a fixed income to continue living independently; and WHEREAS inner-ring suburbs, such as the City of Southfield, have many existing homes that were not built to accommodate the needs of individuals with physical limitations and an aging population; and WHEREAS Senate Bill 395 and House Bill 4719 would provide the financial relief individuals need to maintain their independence and remain in their communities with dignity; and WHEREAS under this legislation, tax credits could be utilized to offset up to $5,000 from the purchase or construction of a new accessible residence or up to 50% of the cost of renovating existing housing, capped at $5,000 per individual; and WHEREAS the States of Missouri, Georgia, Kansas, and Virginia and the Government of Canada have recognized the importance of independent living for individuals with disabilities and seniors by enacting similar tax credit programs; and WHEREAS the enactment of Senate Bill 395 and House Bill 4719 would measurably assist in meeting the housing goals stated in the “Preparing for the Silver Tsunami” report, allowing seniors to remain in their homes and contributing to the overall economic prosperity of Oakland County. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby support the passage of Senate Bill 395 and House Bill 4719 to provide a tax incentive for home modifications for the purchase or construction of a new accessible resident or to renovate an existing residence to improve home accessibility for Michigan seniors and residents with disabilities. BE IT FURTHER RESOLVED that the Clerk of the County of Oakland is directed to submit a copy of this resolution to the Board’s legislative lobbyists, the Office of the Governor, Senate Majority Leader, Senate Minority Leader, Speaker of the House, House Minority Leader and the Oakland County delegation to the Michigan Legislature. Chairperson, we move the adoption of the foregoing Resolution. JANET JACKSON, MARCIA GERSHENSON, HELAINE ZACK, NANCY QUARLES, DAVID WOODWARD, GARY MCGILLIVRAY, DAVID BOWMAN, BOB HOFFMAN The Chairperson referred the resolution to the General Government Committee. There were no objections. The Board adjourned at 10:50 a.m. to the call of the Chair or August 26, 2015, at 7:00 p.m. LISA BROWN MICHAEL J. GINGELL Clerk Chairperson