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HomeMy WebLinkAboutMinutes - 2002.01.24 - 83009 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES January 24, 2002 Meeting called to order by Chairperson Thomas Law at 9:56 a.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Amos, Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, Melton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster. (23) ABSENT: McPherson (with notice). (1) Quorum present. Invocation given by Terry Sever. Pledge of Allegiance to the Flag. Moved by Amos supported by Sever the minutes of the January 10, 2002, Board Meeting be approved. A sufficient majority having voted therefore, the minutes were approved as printed. Moved by Suarez supported by Moss the Consent Agenda be amended to move Finance Committee, item (a) - Miscellaneous Resolution #01335-Environmental Infrastructure Fund Reimbursement for Project in the Charter Township of West Bloomfield Fiscal Year 2001 and Fiscal Year 2002 and Finance Committee, item (b) - Miscellaneous Resolution #02001-Environmental Infrastructure Fund Reimbursement for Project in the City of Lathrup Village–Optional Accelerated Payment Schedule to the Regular Agenda. Vote on amendment: AYES: Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Garfield, Gregory, Law, Melton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos. (22) NAYS: None. (0) A sufficient majority having voted therefore, the amendment carried. Moved by Douglas supported by Palmer the Consent Agenda be approved as amended. Commissioners Minutes Continued. January 24, 2002 10 Moved by Sever supported by Crawford the rules be suspended and the agenda be amended, as follows: ITEMS ON PRINTED AGENDA PLANNING AND BUILDING COMMITTEE c. Department of Facilities Management-Request for Additional Lease Space and to Approve of New Lease for the 52-2 Clarkston District Court, 5850 Lorac Drive, Clarkston, MI 48346 PUBLIC SERVICES COMMITTEE d. Sheriff, Prosecuting Attorney, Circuit Court, Community Corrections-Amendment #1 of The Fiscal Year 2001/2002 Byrne Memorial Grant (Reason for suspension for Planning and Building Committee, item c and Public Services Committee, item d: Waiver of Rule XII.C.1.-Direct Referral to Finance Committee) Vote on agenda, as amended: AYES: Amos, Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Garfield, Gregory, Law, Melton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster. (22) NAYS: None. (0) A sufficient majority having voted therefore, the motion to suspend the rules and amend the agenda carried. County Clerk G. William Caddell read the following communication from the family of Ann Lacinski thanking the board for their outward display of sympathy for Ann. County Clerk G. William Caddell read the following communication from Oakland County Executive L. Brooks Patterson appointing J. David VanderVeen, Director of Central Services, as his designee on the Oakland County Airport Committee. County Clerk G. William Caddell read a communication from Oakland County Executive L. Brooks Patterson vetoing Miscellaneous Resolution #01305 – Acceptance of Petition for Detachment and Scheduling Detachment Vote of the Electorate of the City of Pontiac to the Charter Township of Bloomfield. Copy of veto of Miscellaneous Resolution #01305 on file in County Clerk’s office. Chairperson Thomas Law along with Vice Chairperson David Moffitt and Commissioner Sue Ann Douglas presented a proclamation to Robert O. Vandermark, Director of Equalization, on behalf of the entire Board of Commissioners for his leadership and extraordinary accomplishments. The board extended best wishes to Mr. Vandermark on his retirement. Dan Stencil Administrator-Operations of the Parks and Recreation Division, presented a National Association of Counties-2001 Achievement Award to Oakland County Parks in cooperation with Commissioner John Garfield, G. Doc Prud`homme of Family Division of the Circuit Court, and John Spokaeski of Eagle Valley Waste Management Corporation, for its program “From Seedlings To Trees-A Natural Partnership” in recognition of the innovative program which contributes to and enhance County Government in the United States. The following people addressed the board: John Richards, Barbara Doyle, Dorothy Eicker, Bloomfield Township Supervisor David Payne, Bloomfield Township Clerk Wilma Cotton, Bloomfield Township Treasurer Dan Devine, Michael Simmons, and Commissioner Tim Melton. Moved by Douglas supported by Palmer the resolutions on the Consent Agenda, as amended, be adopted. (with accompanying reports being accepted). (The vote on this motion appears on page **). The resolutions on the Consent Agenda follow (annotated by an asterisk [*] ): Commissioners Minutes Continued. January 24, 2002 11 *MISCELLANEOUS RESOLUTION #02002 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET / EQUALIZATION DIVISION–APPROVAL OF AMENDMENT 1 TO CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH THE CHARTER TOWNSHIP OF HIGHLAND. To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County and the Charter Township of Highland acknowledge the existence of an Agreement for Equalization Division Assistance Services executed on September 29, 2000, which expires on June 30, 2002. The parties wish to modify the original Agreement keeping intact the original terms and conditions, and amend it as follows: The County agrees to convert the commercial and industrial files of the Charter Township of Highland to the master appraisal system of Oakland County and to electronically enter the records into the master appraisal system. This does not include establishing the following: land values, Economic Condition Factors (ECF), or the final value of the property. The County will not conduct field inspections for accuracy of existing data. The cost of said services is a total of $17.06 per parcel (currently 259 parcels). Payment shall be due and payable on or before December 31, 2002. WHEREAS approval of the said amendment is required from the Board of Commissioners. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves entering into Amendment 1 to the Contract for Oakland County Equalization Division Assistance Services with the Charter Township of Highland. BE IT FURTHER RESOLVED that the Board of Commissioners’ Chairperson is authorized to sign the said Amendment 1, copies of which are attached. BE IT FURTHER RESOLVED that the Fiscal Year 2002 Budget be amended as follows: General Fund Revenue 12-140000-44100-903 Reimb Equalization Service $4,419 General Fund Expenditures 90-290000-25000-2564 Contingency $4,419 $ -0- Chairperson, on behalf of the Finance Committee, I move for the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Amendment 1 to Contract for Oakland County Equalization Division Assistance Services with the Charter Township of Highland, Michigan on file in County Clerk’s office. (The vote for this motion appears on page 15.) *MISCELLANEOUS RESOLUTION #02003 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET / EQUALIZATION DIVISION – APPROVAL OF AMENDMENT 1 TO CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH THE CITY OF FERNDALE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County and the City of Ferndale acknowledge the existence of an Agreement for Equalization Division Assistance Services executed on June 12, 2000, which expires on June 30, 2002. The parties wish to modify the original Agreement keeping intact the original terms and conditions, and amend it as follows: The County agrees to convert the commercial and industrial files of the City of Ferndale to the master appraisal system of Oakland County and to electronically enter the records into the master appraisal system. This does not include establishing the following: land values, Economic Condition Factors (ECF), or the final value of the property. The County will not conduct field inspections for accuracy of existing data. The cost of said services is a total of $17.06 per parcel Commissioners Minutes Continued. January 24, 2002 12 (currently 866 parcels). Payment shall be due and payable as follows: 50% of the total cost shall be payable on or before December 31, 2002 and the balance or 50% shall be payable on or before December 31, 2003. WHEREAS approval of the said amendment is required from the Board of Commissioners. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves entering into Amendment 1 to the Contract for Oakland County Equalization Division Assistance Services with the City of Ferndale. BE IT FURTHER RESOLVED that the Board of Commissioners’ Chairperson is authorized to sign the said Amendment 1, copies of which are attached. BE IT FURTHER RESOLVED that the Fiscal Year 2002 Budget be amended as follows: General Fund Revenue 12-140000-44100-903 Reimb Equalization Services $14,774 General Fund Expenditures 90-290000-25000-2564 Contingency $14,774 $ - 0 - Chairperson, on behalf of the Finance Committee, I move for the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Amendment 1 to Contract for Oakland County Equalization Division Assistance Services with the City of Ferndale, Michigan on file in County Clerk’s office. (The vote for this motion appears on page 15.) *MISCELLANEOUS RESOLUTION #02004 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DRAIN COMMISSIONER-INTERLOCAL AGREEMENTS FOR ILLICIT DISCHARGE ELIMINATION SERVICE. To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the City of Troy, ("Municipality") has requested the Oakland County Drain Commissioner for assistance in performing illicit discharge elimination services; and WHEREAS the Drain Commissioner is prepared to provide illicit discharge elimination services on a cost reimbursement basis to the City of Troy; and WHEREAS the Municipality, by resolution, has agreed in return to reimburse the County as provided for in the attached copies of interlocal agreement; and WHEREAS the Oakland County Drain Commissioner has determined, at the present time, that it has sufficient personnel possessing the requisite knowledge and expertise and is agreeable to assisting the Municipality by providing the requested services under the terms and conditions of the interlocal agreement; and WHEREAS the municipality recognizes and agrees that absent an agreement such as this, the County has no obligation to provide these services to or for the Municipalities; and WHEREAS the attached interlocal agreement was reviewed and approved by Corporation Counsel. NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners authorized the Drain Commissioner to execute the attached Interlocal Agreement with City of Troy. BE IT FURTHER RESOLVED that the Drain Commissioner is authorized to provide illicit discharge elimination services in accordance with the Interlocal Agreements. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Oakland County Drain Commissioners Contract for Storm Water Management Services with the City of Troy on file in County Clerk’s office. (The vote for this motion appears on page 15.) Commissioners Minutes Continued. January 24, 2002 13 *REPORT BY: Planning and Building Committee, Charles Palmer, Chairperson IN RE: BOARD OF COMMISSIONERS–2001 ANNUAL REPORT OF THE PLANNING AND BUILDING COMMITTEE To the Oakland County Board Of Commissioners Chairperson, Ladies and Gentlemen: In accordance with Section “(D.) (5.),” Rule XI of the Board Rules, your Planning and Building Committee has completed the 2001 portion of its biennial inspection of County-owned buildings and grounds. The Service Center facilities inspected were: Central Heating Plant and Sheriff’s “L” Building, Executive Office Building, Law Enforcement Complex, Materials Management Center, Medical Care Facility, North Office Building, Pontiac Health Center and the Pontiac Market. Copies of the individual building reports are on file with the Committee Reporter and are available for review. The facilities inspected were found to be clean and well maintained. Minor deficiencies were brought to the attention of staff for immediate correction. Projects completed in 2001include: 1. Purchased 9.2 acres for site of new 52-3 District Courthouse. 2. Approved engineering and construction manager contracts for design and construction of new 52-3 District Courthouse. 3. Approved engineering and construction manager contracts for Jail Renovation and Addition project. 4. Completed purchase of 88 acres of former Clinton Valley Center property adjacent to Service Center. 5. Three hundred and seven (307) acres of Oakland County Service Center located in the City of Pontiac rezoned from residential to governmental use. 6. Completed reroofing of South Oakland Office Building. 7. Completed 52-1 Parking Lot Expansion. 8. Revision of Board of Commissioner Rules and Procedures for the Sale, Purchase and Leasing of Property. 9. Approved funding for Boiler Installation project at Administrative Annex II. 10. Modified lease agreement with Community Mental Health Authority to reobtain 21,776 square feet of space in County’s CMH facility for County use. 11. Approved funding for renovation of Courthouse Auditorium. 12. Approved funding for new Work Release Facility and Jail Management System/Video Conferencing projects. 13. Awarded contract for Phase 1 and 2 of Law Enforcement Lock Replacement Program. 14. Approved numerous utility easements and minor property transactions. 15. Approval of 2002-2006 Capital Improvement Program. 16. Approval of 2002 Facilities Maintenance & Operations Special Projects Budget. Projects underway and expected to be completed in 2002: 1. Completion of Children’s Village “J” Building Addition. 2. Sale of 20 acres of property in the City of Pontiac. 3. Completion of Service Center Sidewalk Program Phases I & II. 4. Completion of replacement of underground fuel oil tanks at Central Heating Plant. 5. Award of contract for replacement of roof at Law Enforcement Complex. 6. Completion of Annex II Parking Lot Repaving. 7. Completion of Jail Renovation and Addition project. 8. Completion of Auditorium Renovation. 9. Completion of Jail Lock Replacement Program. 10. 52-2 District Court Renovation project to accommodate additional District Court Judge and staff. 11. Circuit Court renovations to accommodate addition of two (2) Circuit Court Judges. 12. “J” Building Security System Replacement project. 13. Approve agreement with the City of Rochester Hills for construction and leasing of new substation for the Sheriff’s Department as part of the new 52-3 District Courthouse project. Commissioners Minutes Continued. January 24, 2002 14 Chairperson, on behalf of the Planning and Building Committee, I move the acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE (The vote for this motion appears on page 15.) *MISCELLANEOUS RESOLUTION #02005 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT–REQUEST FOR ADDITIONAL LEASE SPACE AND TO APPROVE OF NEW LEASE FOR THE 52-2 CLARKSTON DISTRICT COURT, 5850 LORAC DRIVE, CLARKSTON, MI 48346 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is responsible for providing courthouse facilities for the 52nd District Court Units; and WHEREAS the County of Oakland presently leases 11,415 square feet of office space at 5850 Lorac Drive, Clarkston, Michigan for the operations of the 52-2 Clarkston District Count; and WHEREAS the State of Michigan has mandated that beginning on January 1, 2003 the jurisdiction of the Court will be expanded and that one permanent District Judge and staff will be added to the Court to accommodate the additional case load of the Court; and WHEREAS the Rademacher Group One, LLC has notified County staff that a 903 square foot office suite is presently available for lease and that an additional 810 square feet will become available in July of 2002. Further, the department of Facilities Management has determined that prior to the arrival of the new Judge and additional staff that various renovations and additional office and storage space are necessary to accommodate the Court’s expanded jurisdictional needs; and WHEREAS the Department of Facilities Management and the Rademacher Group One have negotiated the terms of the attached lease agreement, which would allow the Court to obtain the presently available 903 square feet of office space beginning February 1, 2002 and to obtain the additional 810 square feet of office space on July 1, 2002. The acquisition of said spaces would result in the Court occupying the entire building or 13,128 square feet; and WHEREAS the existing lease and the various amendments thereto for the Court’s present operation expire on May 31, 2003. Therefore, the Department of Facilities Management and the Rademacher Group have incorporated the terms of a new lease for the Court to occupy the entire building beginning June 1, 2003 into the attached lease agreement; and WHEREAS the term of the lease for the 903 square feet of office space will begin on February 1, 2002 and terminate on May 31, 2003. Rent will be at the present rate of $15.28 per square foot or $13,797.84 annually or $1,149.82 per month. The term for the additional 810 square feet of office space will begin on July 1, 2002 and expire on May 31, 2003. Rent for this space is also at the present rate of $15.28 per square foot or $12,376.80 annually or $1,031.40 per month; and WHEREAS the term for the new lease for the entire building (13,128 square feet) shall be for five years and will commence on June 1, 2003 and expire on May 31, 2008. Rent for the first year of this new lease will be at a rate of $18.75 per square foot or $246,150.00 annually or $20,512.50 per month. Beginning with the second year of the new lease and each subsequent year thereafter including any extension thereof the rent shall be adjusted annually by the percentage difference increase of the Consumer Price Index from the previous year. The new lease may be extended for an additional five-year term upon 90- day written notice; and WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached lease agreement; and WHEREAS it is the recommendation of the Departments of Facilities Management and Corporation Counsel that the Oakland County Board of Commissioners accept and approve the terms and conditions of the attached lease agreement for the premises located at 5850 Lorac Drive, Clarkston, Michigan 48346. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached lease agreement at 5850 Lorac Drive, Clarkston, Michigan between the County of Oakland and the Rademacher Group One, LLC. Commissioners Minutes Continued. January 24, 2002 15 BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs its Chairperson or designee to execute the attached lease agreement at 5850 Lorac Drive, Clarkston, Michigan between the Rademacher Group One, LLC and the County of Oakland. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE FISCAL NOTE (MISC. #02005) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST FOR ADDITIONAL LEASE SPACE AND TO APPROVE OF NEW LEASE FOR THE 52-2 CLARKSTON DISTRICT COURT, 5850 LORAC DRIVE, CLARKSTON, MI 48346 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. In order to comply with State mandated expanded jurisdiction, the hiring of an additional permanent District Judge and staff will be added to the 52-2 District Court in Clarkston Michigan to accommodate the additional case load of the Court. 2. The resolution authorizes the leasing of 903 square feet of additional office space at $15.28 or $13,797.84 annually beginning February 1, 2002, and terminating May 31, 2003. 3. In addition, the resolution authorizes the leasing of 810 square feet of additional office space at $15.28 per square foot or $12,376.80 at the same location beginning on July 1, 2002, and expiring on May 31, 2003. 4. Also, the resolution authorizes the leasing of the entire building or 13,128 square feet at $18.75 per square foot or $246,150 annually for five years commencing on June 1, 2003, and expiring on May 31, 2008. 5. The FY 2003 budget amendment of $41,332 is based on the increase in square footage plus the increase in the rate calculated as follows: 903 sq. ft. * $1,149.82/mo. * 8 mos. = $9,199. Plus 810 sq. ft. * $1,149.82/mo. * 8 mos. = $8,251. Plus the new lease cost difference for the entire building (new lease ($246,150/12 mos * 4 mos. = $82,050) less old lease ($174,503/12 mos. * 4 mos. = $58,168)). 6. The following amendments are to be made to the Fiscal Year 2002 and 2003 52-2 District Court budget to recognize the increase in rent per terms of the new lease agreement, utilizing funds from the Fiscal Year 2001 Designated Fund Balance in the General Fund: General Fund FY 2002 FY 2003 Revenue 90-190000-14000-1582 Prior Yr. Rev. ($12,293) ($41,332) Expenditures 32-301200-20001-3476 Rent $12,293 $41,332 Total $ -0- $ -0- FINANCE COMMITTEE Vote on resolutions on the consent Agenda: AYES: Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Garfield, Gregory, Law, Melton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos. (22) NAYS: None. (0) A sufficient majority having voted therefore, the resolution on the Consent Agenda, as amended, were adopted with accompanying reports being accepted and appointments being confirmed. Commissioners Minutes Continued. January 24, 2002 16 FISCAL REPORT (MISC. #01335) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE CHARTER TOWNSHIP OF WEST BLOOMFIELD-FISCAL YEAR 2001 AND 2002 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above referenced resolution, reports as follows: 1. $291,305.04 is available annually in the Environmental Infrastructure Fund for FY 2001 and FY 2002, to reimburse West Bloomfield Township for this project; no additional appropriation is required. 2. The Committee recommends adoption of the resolution. Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report. FINANCE COMMITTEE MISCELLANEOUS RESOLUTION #01335 BY: Fran Amos, District #5; Nancy Dingeldey, District #11; Thomas Law, District #12; Shelley Taub, District #13 IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE CHARTER TOWNSHIP OF WEST BLOOMFIELD–FISCAL YEARS 2001 AND 2002 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners established an Environmental Infrastructure Funds and Disbursement Policy per Miscellaneous Resolution #99093 in an effort to increase the share of dollars flowing into infrastructure projects for the County and its cities, villages and townships (CVTs); and WHEREAS pursuant to the Disbursement Policy, West Bloomfield Township has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible environment remediation of improvement project; and WHEREAS West Bloomfield Township is requesting reimbursement for a study of the Evergreen- Farmington System inflows and infiltration; and WHEREAS the FY 2001 and FY 2002 authorized amount of funding for West Bloomfield Township is $291,305.04 annually from the Environmental Infrastructure Fund as repayment to West Bloomfield Township for expenses incurred in connection with environmental remediation or improvement projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the projects submitted by West Bloomfield Township as eligible for reimbursement from the Environmental Infrastructure Fund. BE IT FURTHER RESOLVED that the Board authorizes an FY 2001 and FY 2002 appropriation in the amount of $291,305.04 annually from the Environmental Infrastructure Fund (Account #90-263030- 41000-3985) to repay West Bloomfield Township for expenses incurred in connection with environmental remediation or improvement projects, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. SHELLEY TAUB, THOMAS LAW, FRAN AMOS, NANCY DINGELDEY Copy of Environmental Infrastructure Fund Reimbursement Request, Proposal of Engineering Services Flow Metering and Infiltration and Inflow (I/I) Study, and Charter Township of West Bloomfield Flow Monitoring and Inflow/Infiltration Study Work Plan April 2001 on file in County Clerk’s office. Moved by Douglas supported by Dingeldey the Finance Committee Fiscal Report be accepted. A sufficient majority having voted therefore, the report was accepted. Moved by Douglas supported by Gregory the resolution be adopted. Commissioners Minutes Continued. January 24, 2002 17 Moved by Douglas supported by Dingeldey the resolution be amended in the BE IT FURTHER RESOLVED paragraph to correct the Environmental Infrastructure Fund Account number to read as follows: (Account #90-263230-41000-3985). Vote on amendment: AYES: Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Garfield, Gregory, Law, Melton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel. (22) NAYS: None. (0) A sufficient majority having voted therefore, the amendment carried. Vote on resolution as amended: AYES: Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, Melton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel, Brian. (22) NAYS: None. (0) A sufficient majority having voted therefore, the resolution, as amended, was adopted. FISCAL REPORT (MISC. #02001) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF LATHRUP VILLAGE-OPTIONAL ACCELERATED PAYMENT SCHEDULE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above referenced resolution, reports as follows: 2. Under M.R. #00035, the Environmental Infrastructure Fund Optional Accelerated Payment Schedule, $88,391.67 is available to provide the City of Lathrup Village for this project; no additional appropriation is required. 3. Once the City of Lathrup Village receives the $88,391.67 allocation, no further payments from the Environmental Infrastructure will be made to the City. 4. The Committee recommends adoption of the resolution. Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report. FINANCE COMMITTEE MISCELLANEOUS RESOLUTION #02001 BY: Vincent Gregory, District #20 IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF LATHRUP VILLAGE-OPTIONAL ACCELERATED PAYMENT SCHEDULE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners established an Environmental Infrastructure Funds and Disbursement Policy per Miscellaneous Resolution #99093 in an effort to increase the share of dollars flowing into infrastructure projects for the County and its cities, villages and townships (CVT's); and WHEREAS pursuant to Miscellaneous Resolution #00035, the Board of Commissioners modified the Environmental Infrastructure Funds Disbursement Policy by authorizing an Optional Accelerated Payment Schedule by which communities may request their remaining years payment in advance, at a discounted rate, with the knowledge that no further payments will be made from the Environmental Infrastructure Funds; and WHEREAS pursuant to the Modified Disbursement Policy, the City of Lathrup Village has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible environment remediation of improvement project; and Commissioners Minutes Continued. January 24, 2002 18 WHEREAS the City of Lathrup Village has requested use of the Optional Accelerated Payment Schedule to defer the costs associated with the cleaning of the City's storm sewer lines, and videotaping the system to evaluate and identify areas to focus on for future improvement projects; and WHEREAS the Optional Accelerated Payment Schedule authorized amount of funding for the City of Lathrup Village is $88,391.67 from the Environmental Infrastructure Fund. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the City of Lathrup Village as eligible for reimbursement from the Environmental Infrastructure Fund. BE IT FURTHER RESOLVED that the Board authorizes the use of the Optional Accelerated Payment Schedule to pay the City of Lathrup Village the amount of $88,391.67 from the Environmental Infrastructure Fund Account #90-263045-41000-3985). No further payments from the Environmental Infrastructure Fund will be made to the City of Lathrup Village after receipt of the $88,391.67. Chairperson, I move the adoption of the foregoing resolution. VINCENT GREGORY Copy of Memo and Attachments A, B, and C on file in County Clerk’s office. Moved by Douglas supported by Taub the Finance Committee Fiscal Report be accepted. A sufficient majority having voted therefore, the report was accepted. Moved by Douglas supported by Suarez the resolution be adopted. Moved by Douglas supported by Taub the resolution be amended in the BE IT FURTHER RESOLVED paragraph to correct the Environmental Infrastructure Fund Account number to read as follows: (Account #90-263230-41000-3985). A sufficient majority having voted therefore, the amendment carried. Vote on resolution as amended: AYES: Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, Melton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel, Brian, Buckley. (23) NAYS: None. (0) A sufficient majority having voted therefore, the resolution, as amended, was adopted. MISCELLANEOUS RESOLUTION #02006 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: FACILITIES MANAGEMENT–AUTHORIZATION AND APPROPRIATION OF FUNDS FOR JAIL CELL LOCK REPLACEMENT PROJECT–PHASE 3 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the existing Jail cell lock system is over 28 years old and has become unreliable and a safety liability; and WHEREAS cell block downtime for repairs reduces available prisoner space and increases the possibility of Jail overcrowding; and WHEREAS Miscellaneous Resolution #00025 approved the upgrade of the Jail cell lock system and transferred $315,000 from the Capital Improvement Program/Building Fund to the Project Work Order Fund for the first phase of the replacement program; and WHEREAS Miscellaneous Resolution #00295 approved Phase 2 of the Jail Cell Lock Replacement Project and transferred $315,000 from the Capital Improvement Program/Building Fund to the Project Work Order Fund; and WHEREAS the total estimated cost for the Jail Cell Lock Replacement Project is $970,000; and WHEREAS the estimated cost of the third and final phase of the replacement program is $340,000; and WHEREAS funding in the amount of $340,000 is available in the 2002 Capital Improvement Program/Building Fund for the third phase of the Jail Cell Lock Replacement Project. Commissioners Minutes Continued. January 24, 2002 19 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves Phase 3 of the Jail Cell Lock Replacement Project in the amount of $340,000. BE IT FURTHER RESOLVED that the Board of Commissioners authorizes the transfer of funding in the amount of $340,000 from the Capital Improvement Program/Building Fund (#401) to the Project Work Order Fund (#404) for Phase 3 of the Jail Cell Lock Replacement Project. BE IT FURTHER RESOLVED that the FY 2002 Budget is amended as follows: Building Improvement Fund #401 3-14-210006-10000-8001 Operating Transfer Out ($340,000) Project Work Order Fund #404 3-14-310007-70123-1701 Operating Transfer In $340,000 $ -0- Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE REPORT (MISC. #02006) BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: FACILITIES MANAGEMENT–AUTHORIZATION AND APPROPRIATION OF FUNDS FOR JAIL CELL LOCK REPLACEMENT PROJECT–PHASE 3 To the Finance Committee of the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the need to upgrade the 28-year old Oakland County Jail Cell Lock System and the Department of Facilities Management report dated January 15, 2002, recommends approval of Phase 3 of the Jail Cell Lock Replacement Program. The Committee further recommends funding for the project cost of #430,000.00, including contingency, be approved. Additionally, the Planning and Building Committee supports the attached Finance Committee Resolution. Chairperson, on behalf of the Planning and Building Committee, I move the acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE Moved by Douglas supported by Moss the Planning and Building Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Moved by Douglas supported by Moss the resolution be adopted. AYES: Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, Melton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel, Brian, Buckley, Causey-Mitchell. (23) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. MISCELLANEOUS RESOLUTION #02007 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET-WAIVER OF PURCHASING POLICY FOR AWARD OF WIC START PROGRAM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Comprehensive Planning, Budgeting, and Contracting Agreement (CPBC) between the State of Michigan Department of Community Health and Oakland County contains $150,000 in additional funding for the provision of nutritional services to women and infants under the title of Women, Infants, and Children (WIC) by an agency other than the Oakland County Health Division; and WHEREAS the Oakland Livingston Human Service Agency (OLHSA), in cooperation with the Oakland County Health Division, has agreed to develop the staffing and infrastructure to provide these services for residents of Oakland County under a pilot program called WIC Start; and Commissioners Minutes Continued. January 24, 2002 20 WHEREAS this program will make it possible for at-risk women and infants to obtain services that otherwise may not be available to them; and WHEREAS the contract period will be for one (1) year, and will comply with all other purchasing policies; and WHEREAS the State Department of Community Health has expressly authorized and requested the creation of the contractual relationship with OLHSA to provide Women, Infants, and Children Services. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby waives Purchasing Policy PP-050 and authorizes the Oakland County Health Division to continue its contractual arrangement with the Oakland Livingston Human Service Agency for the provision of WIC Start services. Chairperson, on behalf of the Finance Committee, I move the adoption of the forgoing resolution. FINANCE COMMITTEE Copy of correspondence from WIC Division and Fiscal Year 2001/2002 Allocation Schedule for Oakland County Health Division (Revised – October 30, 2001) on file in County Clerk’s office. Moved by Douglas supported by Dingeldey the resolution be adopted. AYES: Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, Melton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel, Brian, Buckley, Causey-Mitchell, Coleman. (23) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. REPORT (MISC. #01318) BY: General Government Committee, William Patterson, Chairperson IN RE: MISCELLANEOUS RESOLUTION #01318-BOARD OF COMMISSIONERS-SUPPORT EFFORTS TO ENSURE THE SAFETY OF MICHIGAN'S BORDER'S To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above-titled resolution on January 14, 2002, recommends that the resolution be adopted with the BE IT FURTHER RESOLVED paragraph amended to add TOM RIDGE, OFFICE OF HOMELAND SECURITY. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION # 01318 BY: Commissioner Ruel E. McPherson, District #25 IN RE: BOARD OF COMMISSIONERS-SUPPORT EFFORTS TO ENSURE THE SAFETY OF MICHIGAN'S BORDER'S To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in the aftermath of the Sept. 11 terrorist attacks, Americans from all walks of life are stepping forward and providing unprecedented, heroic service to their country in its time of extraordinary need; and WHEREAS many of them are working in vital but behind-the-scenes roles. Nowhere is this spirit of heroic service better exemplified than in Southeast Michigan, where officers from 33 law-enforcement agencies are working virtually around the clock to help keep traffic moving safely and efficiently at the Detroit- Windsor Tunnel, the Ambassador Bridge in Detroit and the Blue Water Bridge in Port Huron; and WHEREAS without this local assistance, U.S. Customs and Immigration and Naturalization Service (INS) agents would find it difficult – if not virtually impossible – to prevent massive traffic backups at the busiest border-crossing points between the United States and Canada; and WHEREAS the Customs and INS officials have sought emergency back-up assistance. In response, 33 local law enforcement agencies are assisting federal agents with vehicle inspections and security; and Commissioners Minutes Continued. January 24, 2002 21 WHEREAS, it is imperative the National Guard and local law enforcement personnel remain on duty for the next 9 to 12 months, while permanent replacements are trained and fully deployed to handle the heightened security demands at our northern border; and WHEREAS while we applaud the efforts of these local agencies that are volunteering 76 officers a day to supplement the INS and Customs staffing shortages, we recognize that these efforts cannot continue without just compensation; and WHEREAS the Detroit Regional Chamber’s Northern Border for Economic Security and Trade (NBEST) supports earmarking $10 million in federal funds to support these local law-enforcement agencies; and WHEREAS Canada is, by far, our nation’s biggest trading partner with $1 billion worth of goods crossing the U.S-Canadian border every day – 40 percent of it through the Detroit Region. Any long-term disruptions to this flow would undoubtedly have a serious negative impact on both our national security – and the economic development, trade and tourism in Oakland County and throughout southeast Michigan. NOW THEREFORE BE IT RESOLVED THAT the Oakland County Board of Commissioners does hereby support emergency funding for local law enforcement agencies and the National Guard, allowing for their continued assistance in maintaining a secure and efficient border system at the Ambassador Bridge, Detroit Windsor Tunnel and the Blue Water Bridge. BE IT FURTHER RESOLVED THAT copies of this adopted resolution be sent to President George W. Bush, Governor John Engler, the Michigan Delegation to the state legislature and in Congress, Senator Carl Levin, the Michigan Association of Counties, the National Association of Counties and Oakland County's legislative lobbyists. Chairperson, I move the adoption of the foregoing resolution. RUEL E. MCPHERSON, GEORGE W. SUAREZ, ERIC COLEMAN, MICHELE FRIEDMAN APPEL, BRENDA A. CAUSEY- MITCHELL, VINCENT GREGORY Moved by Patterson supported by Webster the General Government Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Moved by Patterson supported by Webster the resolution be adopted. Moved by Patterson supported by Webster the resolution be amended to coincide with the recommendation in the General Government Committee Report. A sufficient majority having voted therefore, the amendment carried. Vote on resolution, as amended: AYES: Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, Melton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford. (23) NAYS: None. (0) A sufficient majority having voted therefore, the resolution, as amended, was adopted. REPORT (MISC. #01336) BY: General Government Committee, William Patterson, Chairperson IN RE: MISCELLANEOUS RESOLUTION #01336-BOARD OF COMMISSIONERS-URGING ENACTMENT OF LEGISLATION TO PROVIDE ADDITIONAL PROTECTIONS TO ACTIVE MILITARY RESERVISTS AND NATIONAL GUARD AGAINST DISCONNECTION OF UTILITY SERVICE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above-titled resolution on January 14, 2002, recommends that the resolution be adopted. Commissioners Minutes Continued. January 24, 2002 22 Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #01336 BY: Commissioner John P. Garfield, District #9 IN RE: BOARD OF COMMISSIONERS-URGING ENACTMENT OF LEGISLATION TO PROVIDE ADDITIONAL PROTECTIONS TO ACTIVE MILITARY RESERVISTS AND NATIONAL GUARD AGAINST DISCONNECTION OF UTILITY SERVICE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Soldiers' and Sailors' Civil Relief Act was designed to protect the rights of service members while they were serving in the war; and WHEREAS Congress' intent in passing the moratorium was to protect both national interests and those of service members. Congress wanted service members to be able to fight the war without having to worry about problems that might arise at home; and WHEREAS the Soldiers' and Sailors' Civil Relief Act provides certain protections to all active service members relative to property, taxes and contracts; and WHEREAS state and federal legislation is needed to expand the protections that are provided to National Guardsmen and Reservists who are called into active duty from having their families, who may be experiencing financial hardship, subjected to having a disconnection of their telephone and/or utility service. NOW THEREFORE BE IT RESOLVED THAT the Oakland County Board of Commissioners does hereby urge the enactment of federal and state legislation, as well as, Michigan Public Service Commission rules, which will allow for a moratorium on telephone and utility service disconnections for the families of National Guardsmen and Reservists who are called into active duty. BE IT FURTHER RESOLVED THAT copies of this adopted resolution be sent to President George W. Bush, Governor John Engler, the Michigan Delegation to the state legislature and in Congress, the Michigan Public Service Commission, the Michigan Association of Counties, the National Association of Counties and Oakland County's legislative lobbyists. Chairperson, I move the adoption of the foregoing resolution. JOHN P. GARFIELD, LAWRENCE OBRECHT, DAVID GALLOWAY, SHELLEY TAUB, PETER WEBSTER, HUGH CRAWFORD, WILLIAM BRIAN, SUE ANN DOUGLAS, WILLIAM PATTERSON, CHUCK MOSS, DAVID BUCKLEY, THOMAS LAW Moved by Patterson supported by Garfield the General Government Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Moved by Patterson supported by Garfield the resolution be adopted. AYES: Douglas, Galloway, Garfield, Gregory, Law, Melton, Moffitt, Moss, Obrecht, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford. (21) NAYS: Palmer, Dingeldey. (0) A sufficient majority having voted therefore, the resolution was adopted. REPORT BY: Personnel Committee, Nancy Dingeldey, Chairperson IN RE: APPOINTMENTS TO JOB EVALUATION REVIEW PANEL To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Commissioners Minutes Continued. January 24, 2002 23 The Personnel Committee hereby recommends appointments to the Job Evaluation Review Panel as follows: JOB EVALUATION REVIEW PANEL (One Year Term Ending 12/31/02) Circuit Court Judges appointment Kevin Oeffner Lisa Symula, alternate County Executive appointment Judith Cunningham Douglas Williams, alternate Other Elected Officials appointment Patrick Dohany Patrick Campbell Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE Moved by Dingeldey supported by Amos the following people be appointed to the Job Evaluation Panel for a One Year Term Ending December 31, 2002. Circuit Court Judges appointment Kevin Oeffner Lisa Symula, alternate County Executive appointment Judith Cunningham Douglas Williams, alternate Other Elected Officials appointment Patrick Dohany Patrick Campbell A sufficient majority having voted therefore, the appointments were confirmed. MISCELLANEOUS RESOLUTION #02008 By: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DRAIN COMMISSIONER–AUTHORIZATION TO CONTRACT TO PROVIDE SERVICES TO LOCAL GOVERNMENTS OR OTHER PUBLIC AGENCIES To the Oakland County Board of Commissioner Chairperson, Ladies and Gentleman: WHEREAS the Drain Commissioner, in carrying out his functions under the various public work statutes, employs personnel with knowledge and expertise in a variety of disciplines that includes engineering, construction inspection, water and sewer maintenance, watershed management, and land acquisition (“OCDC Services”); and WHEREAS local government and other public agencies (i.e. Road Commission) frequently seek the assistance and expertise of the Drain Commissioner’s staff to perform OCDC Services on a short term or intermittent basis; and WHEREAS the Drain Commissioner desires to offer assistance of his staff to local governments and other public agencies, subject to a standard contract to recover all direct and indirect costs for OCDC Services; and WHEREAS, in order to provide OCDC services to local communities and public agencies in a prompt and efficient manner, the Drain Commissioner requests authorization to utilize the attached “Standard Contract for OCDC Services”. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners hereby authorizes the Drain Commissioner to enter into agreements with local governments and public agencies to provide OCDC Services utilizing a “Standard Contract for OCDC Services Interlocal Agreements”, in substantially the form attached hereto, subject to final approval by Corporation Counsel, and providing that all costs, direct and indirect, will be fully recovered and no costs will be incurred by the County. BE IT FURTHER RESOLVED that the Drain Commissioner is authorized to enter into Interlocal Agreements for OCDC Drain Services for the following tasks: construction inspection, cross connection inspections, right of way and condemnation work, illicit discharge inspection services, and watershed and management training services. Scopes of work for these services shall be provided to Corporation Counsel and the Planning and Building Committee on or before January 31, 2002. BE IT FURTHER RESOLVED that such Interlocal Agreements for right of way and condemnation work shall be for one year or less. All other Interlocal Agreements shall be for six months or less. After commencement of a project, if it appears that the project cannot be completed under the Interlocal Agreement, the Drain Commissioner shall, subject to approval of the Board of Commissioners, be authorized to extend the Interlocal Agreement. Consistent with M.R. 96-178, Interlocal Agreements shall not be used where exposure to the County exceeds $500,000. Commissioners Minutes Continued. January 24, 2002 24 BE IT FURTHER RESOLVED that the Drain Commissioner shall report quarterly to the Planning and Building Committee on the number and type of Interlocal Agreements entered into, and any significant problems encountered. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Moved by Palmer supported by Crawford the resolution be adopted. AYES: Galloway, Garfield, Gregory, Law, Melton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas. (23) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. MISCELLANEOUS RESOLUTION #02009 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT–RECOMMENDATION TO GRANT A PERMANENT EASEMENT TO DETROIT EDISON COMPANY FOR RELOCATION OF OVERHEAD POWER LINES AND POLES TO ACCOMMODATE CONSTRUCTION OF THE NEW WORK RELEASE FACILITY LOCATED IN THE CITY OF PONTIAC (TAX PARCEL NOS. 14-19-301-003 AND 14-19-351- 009 PART) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is in the process of constructing a new Work Release Facility on the Oakland County Service Center south of the Oakland County Jail; and WHEREAS prior to beginning construction of the new Work Release Facility, approximately 1,300 linear feet of existing overhead power lines and poles must be relocated to prepare the site for construction of the new Work Release Facility; and WHEREAS the Department of Facilities Management and the Detroit Edison Company have determined that a new route for the relocation of the overhead power lines and poles located southeasterly of the County Jail is appropriate and would accommodate construction of the Work Release Facility and any future expansion of the County Jail; and WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents and recommend the granting of the easement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes and approves the granting of the attached permanent easement for overhead power lines and poles over part of the Oakland County Service Center as referenced above. BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs its Chairperson or designee to execute the attached easement for overhead power lines and poles. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Detroit Edison Overhead Easement (Right of Way) No. 352574, Exhibit “A”, and Easement Description on file in County Clerk’s office. Moved by Palmer supported by Coleman the resolution be adopted. AYES: Garfield, Gregory, Law, Melton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway. (23) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. Commissioners Minutes Continued. January 24, 2002 25 MISCELLANEOUS RESOLUTION #02010 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: SHERIFF’S DEPARTMENT-CONTRACT AMENDMENT FOR COURT SECURITY AT THE 48TH DISTRICT COURT-BLOOMFIELD TOWNSHIP FOR 2001/2002/2003 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in March 1998, the 48th District Court in Bloomfield Township requested that the Sheriff provide security to the Court with two PTNE Court Deputies, and the Board of Commissioners (Miscellaneous Resolution #98020) authorized a contract to meet the security needs of the 48th District Court for Fiscal Year 1999; and WHEREAS Miscellaneous Resolutions #99327 and #00206 continued this contract through the Fiscal Year 2003; and WHEREAS the Court is requesting to amend the contract for an additional PTNE Court Deputy to provide the ability to monitor security cameras, hallways, parking lot and to place and monitor inmates in the holding cells; and WHEREAS an amendment to the contract to reimburse the County for this service will be necessary (see attached contract and Schedule A); and WHEREAS the Sheriff requests the addition of one (1) PTNE 1,000 hrs/yr Court Deputy II position to provide adequate coverage at the 48th District Court for this contract amendment. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board to enter into the attached contract amendment for Court Security with the 48th District Court for the Fiscal Years 2002/2003. BE IT FURTHER RESOLVED that the one (1) PTNE 1,000 hrs/yr Court Deputy II position be created through the end of Fiscal Year 2003. BE IT FURTHER RESOLVED that one portable (prep) radio be added to the County for purposes of this contract amendment. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Amendment to Contract to Provide Security for the 48th District Court on file in County Clerk’s office. The Chairperson referred the resolution to the Personnel and Finance Committees. There were no objections. MISCELLANEOUS RESOLUTION #02011 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: SHERIFF DEPARTMENT-USE OF FORFEITED FUNDS FOR EQUIPMENT 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 $1,089,890 (balance as of 12/31/01) as a result of Sheriff Department forfeiture efforts; and WHEREAS the Sheriff is requesting that a portion of these funds be used to purchase equipment for the Special Response Team (SRT), Crime Lab Equipment and a computerized SIMULATION weapons TRAINING system for the department; and WHEREAS this equipment will be used by the Sheriff Department to enhance law enforcement efforts in compliance with state law; and WHEREAS the estimated capital costs are $482,400 as described on Schedule A. Commissioners Minutes Continued. January 24, 2002 26 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the use of $482,500 from the Sheriff’s Department Law Enforcement Enhancement Account (#101-43- 223101-20001-2853-60053) to purchase the attached equipment. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Sheriff Department Use of Forfeited Funds 02/01/02 on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #02012 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: SHERIFF'S DEPARTMENT-CONTRACT AMENDMENT #3 FOR LAW ENFORCEMENT SERVICES IN THE CHARTER TOWNSHIP OF ORION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Charter Township of Orion has contracted with the Oakland County Sheriff's Department to provide law enforcement services for the Township (MISC. #98011); and WHEREAS paragraph 23 of this Contract provided that an amendment to this Contract must be approved by concurrent resolutions of both the Oakland County Board of Commissioners and the Charter Township of Orion Board; and WHEREAS the Charter Township of Orion has approved a proposed amendment to the contract (Schedule A and A-1, Sheriff’s Deputies Contracted) which would add three (3) Deputy II (no-fill) and bring the total number of contracts to twenty-eight (28); and WHEREAS the Sheriff has agreed to add three (3) Deputy II (no-fill) for the Charter Township of Orion under the terms of this contract. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves an amendment to the original Schedule A and A-1 (Sheriff Deputies Contracted) of the Oakland County Sheriff's Department 1999-2003 Law Enforcement Services Agreement with the Charter Township of Orion to add three (3) Deputy II (no-fill). BE IT FURTHER RESOLVED that one marked patrol unit (with mobile, prep and MDC) be added to the County fleet. BE IT FURTHER RESOLVED that three (3) Deputy II positions be created in the Contracted Patrol Unit, Patrol Services Division of the Sheriff's Department. BE IT FURTHER RESOLVED that this amendment will take effect on February 23, 2002. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Schedule A, Schedule A-1, and Oakland County Sheriff’s Department 1999-2003 Law Enforcement Services Agreement with Charter Township of Orion Amendment 3 on file in County Clerk’s office. The Chairperson referred the resolution to the Personnel and Finance Committees. There were no objections. FISCAL REPORT (MISC. #02013) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFF, PROSECUTING ATTORNEY, CIRCUIT COURT, COMMUNITY CORRECTIONS- AMENDMENT #1 OF THE FISCAL YEAR 2001/2002 BYRNE MEMORIAL GRANT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above referenced resolutions, reports with a recommendation to amend the resolution to remove the first and second "BE IT FURTHER RESOLVED" paragraphs. This amendment is recommended due to the fact that the Finance Committee is charged with the responsibility to find funds and recommend budget amendments. Commissioners Minutes Continued. January 24, 2002 27 Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report. FINANCE COMMITTEE MISCELLANEOUS RESOLUTION #02013 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: SHERIFF, PROSECUTING ATTORNEY, CIRCUIT COURT, COMMUNITY CORRECTIONS- AMENDMENT #1 OF THE FISCAL YEAR 2001/2002 BYRNE MEMORIAL GRANT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Board of Commissioners accepted the Department of Community Health - Office of Drug Control Policy single contract for all four Oakland County Byrne Grant recipients per M.R. #01239 (see Schedules A, B, C, and D); and WHEREAS the four programs contained in this contract are Sheriff/Narcotics Enforcement Team (NET), Prosecutor/Child Abuse Task Force ("Special Unit"), Circuit Court/Family Focused Juvenile Drug Court and Community Corrections/In-Step Program; and WHEREAS the grant funding covers the period of October 1, 2001 through September 30, 2002, in the amount of $940,918; and WHEREAS the four programs for the period of October 1, 2001 through September 30, 2002 total $1,544,757 for the Child Abuse Unit, which includes $940,918 State allocation, $560,570 budgeted grant matches in Sheriff, Community Corrections and Circuit Court budgets, and $43,269 funded by the Non- Departmental Contingency account, M.R. #01239; and WHEREAS the Department of Community Health Office of Drug Control Policy has requested the contract be amended to include the Sheriff's Criminal Justice Records Improvement Grant; and WHEREAS the Criminal Justice Records Improvement Grant is for $644,149, of which $483,112 is funded by the State (75%), and $161,037 is funded by County match ($76,206) and other municipalities ($84,831), as detailed in Schedule E; and WHEREAS the additional grant has been initiated through the County Executive's Grant Agreement Review Process as of December 26, 2001; and WHEREAS, with the addition of the Criminals Justice Records Improvement Grant, the grant funds will increase from $940,918 to $1,424,030 (51% increase); and WHEREAS the total funding for the programs increases from $1,544,757 to $2,188,906 (42% increase), of which sixty-five percent (65%) of the program cost is State funded, and thirty-five percent (35%) is County grant match in the amount of $680,045 ($636,776 in Departmental County matches; $43,269 from Non-Departmental Contingency) and other municipalities $84,831; and WHEREAS no personnel is added with the addition of the Criminal Justice Records Improvement grant. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts this amended grant award, for the period of October 1, 2001 through September 30, 2002 in the amount of $2,188,906 for the Child Abuse Unit, which includes $1,424,030 State allocation, $636,776 budgeted grant matches in Sheriff, Community Corrections, and Circuit Court, $43,269 from the Non-Departmental Contingency account and $84,831 from other municipalities. BE IT FURTHER RESOLVED that the Sheriff Department budget be amended as follows: General Fund 101 FY 2002 2-90-290000-25000-2564 Contingency $( 66,139) 1-43-023101-10000-2872 Grant Match 66,139 $ -0- BE IT FURTHER RESOLVED that the recipient Department’s budgets be amended as they appear on Schedules A, B, C, D and E respectively. BE IT FURTHER RESOLVED that continuation of this program, including positions, is contingent upon continued grant funding. BE IT FURTHER RESOLVED that if a department requires a budget amendment for any of the grants covered by this agreement, that department will initiate the amendment process without requiring the other departments to sign off on the amendment. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Schedules A, B, C, D, and E on file in County Clerk’s office. Commissioners Minutes Continued. January 24, 2002 28 FISCAL NOTE (MISC. #02013) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFF, PROSECUTING ATTORNEY, CIRCUIT COURT, COMMUNITY CORRECTIONS- AMENDMENT #1 OF THE FISCAL YEAR 2001/2002 BYRNE MEMORIAL GRANT 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 Board of Commissioners accepted the Department of Community Health - Office of Drug Control Policy single contract encompassing four programs; Sheriff/Narcotics Enforcement Team, Prosecutor/Child Abuse Task Force ("Special Unit”), Circuit Court/Family Focused Juvenile Drug Court, and Community Corrections/In-Step program per Miscellaneous Resolution #01239. The contract period is October 1, 2001 through September 30, 2002 with total program costs equaling $1,544,757 which includes $940,918 State Allocation, $560,570 budgeted grant matches and $43,269 funded by the Non-Departmental Contingency account. 2. The Department of Community Health - Office of Drug Control Policy has requested that the contract be amended to include the Sheriff’s Criminal Justice Records Improvement Grant covering the period October 1, 2001 through September 30, 2002. 3. The Sheriff’s Criminal Justice Records Improvement Grant is for $644,149 of which $483,112 is funded by the State (75%), and $161,037 is funded by County Match ($76,206) and other Municipalities ($84,831). There are no personnel issues connected with this grant. 4. With the addition of the Sheriff’s Criminal Justice Records Improvement Grant, the amended contract covering the period October 1, 2001 through September 30, 2002 becomes $2,188,906 which includes $1,424,030 State Allocation, $680,045 in County grant match and $84,831 from other Municipalities. 5. The County Match for the Sheriff’s Criminal Justice Records Improvement Grant (the new amendment) is $76,206. County Match Funds were originally budgeted for $10,067 for FY 2002. Additional funds totaling $66,139 are needed in the Sheriff’s Department Grant Match line item for FY 2002 6. The FY 2002 Budget should be amended, as specified below, to provided the required matching funds: FY 2002 Fund Dept OCA PCA Object 101 90 290000 25000 2564 Contingency ($66,139) 101 43 023101 10000 2872 Grant Match 66,139 Total Expenditures $ -0- FINANCE COMMITTEE Moved by Crawford supported by Garfield the Finance Committee Fiscal Report be accepted. A sufficient majority having voted therefore, the report was accepted. Moved by Crawford supported by Garfield the resolution be adopted. Moved by Crawford supported by Suarez the resolution be amended to coincide with the recommendation in the Finance Committee Fiscal Report. A sufficient majority having voted therefore, the amendment carried. Vote on resolution, as amended: AYES: Gregory, Law, Melton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield. (23) NAYS: None. (0) A sufficient majority having voted therefore, the resolution, as amended, was adopted. Commissioners Minutes Continued. January 24, 2002 29 MISCELLANEOUS RESOLUTION #02014 BY: Public Services, Hugh D. Crawford, Chairperson IN RE: PROBATE COURT-REORGANIZATION AND PERSONNEL RELATED ACTIONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the structure and operations of Probate Court were profoundly altered with the establishment of the Family Court in 1998, the replacement of the Revised Probate Code of 1979 with the Estates and Protected Individuals Code (EPIC) in April 2000, and the realignment of the Circuit and Probate Courts in the FY 2001 budget process; and WHEREAS Oakland County’s population continues to grow and age, placing increasingly complex demands on Probate Court staff; and WHEREAS an average of over 1,200 citizens are served per week by the Probate Court; and WHEREAS the Probate Court Administration has taken steps to improve their service to the citizens of Oakland County by extending service hours, designating specialized staff for complex fillings, allowing drop off of pleadings and mailing of filings, and constructed an expanded counter service area; and WHEREAS the Probate Court Administration proposes the following staff reorganization to improve their service to the citizens of Oakland County: create a new class titled - Probate Specialist; upwardly reclassify four (4) Deputy Probate Register II positions to the new Probate Specialist classification; upwardly reclassify five (5) Clerk III positions to Deputy Probate Register I; create one Clerk I position to be assigned to the filing room; and delete two (2) Student positions and one (1) PTNE General Clerical position. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the creation of a Probate Specialist classification, non-exempt from overtime, removed from the Salary Administration Plan, with the following salary range: Period Base 1 Year 2 Year 3 Year 4 Year 5 Year Annual 30,732 32,586 34,445 36,300 38,159 40,015 Bi-weekly 1,181.98 1,253.30 1,324.80 1,396.16 1,467.66 1,539.02 BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves the following changes in Probate Court/Estates and Mental Health: the upward reclassification of four (4) GF/GP Deputy Probate Register II positions (positions only) (34403-00291, -00405, -01822, -03180) to the new Probate Specialist classification, and the upward reclassification of five (5) GF/GP Clerk III 34403-02490, -02716, -05388, -05604, -07510) positions (position only) to Deputy Probate Register I. BE IT FURTHER RESOLVED that two (2) GF/GP Student positions (34403-00028, -00052) and one (1) GF/GP General Clerical position (34403-07872) be deleted in Probate Court/Estates and Mental Health. BE IT FURTHER RESOLVED that one GF/GP Clerk I position be created in Probate Court/Estates and Mental Health. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Attachments on file in County Clerk’s office. The Chairperson referred the resolution to the Personnel and Finance Committees. There were no objections. Consideration of Oakland County Executive’s veto of Miscellaneous Resolution #01305 is as follows: REPORT (MISC. #01305) BY: General Government Committee, William Patterson, Chairperson IN RE: BOARD OF COMMISSIONERS–ACCEPTANCE OF PETITION FOR DETACHMENT AND SCHEDULING DETACHMENT VOTE OF THE ELECTORATE OF THE CITY OF PONTIAC TO THE CHARTER TOWNSHIP OF BLOOMFIELD To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having carefully considered and deliberated upon the above-titled resolution, recommends that this issue is of enough significance that the full board should determine a final action. Commissioners Minutes Continued. January 24, 2002 30 Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE FISCAL REPORT (MISC. #01305) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: BOARD OF COMMISISONERS–ACCEPTANCE OF PETITION FOR DETACHMENT AND SCHEDULING DETACHMENT VOTE OF THE ELECTORATE OF THE CITY OF PONTIAC AND THE CHARTER TOWNSHIP OF BLOOMFIELD To the Oakland County Board Of Commissioners Chairperson, Ladies and Gentlemen: 1. The Finance Committee, having reviewed the above referenced resolution, reports that any cost associated with this resolution will be absorbed by the Clerk’s budget. No additional appropriation is required. Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report. FINANCE COMMITTEE MISCELLANEOUS RESOLUTION #01305 BY: David B. Buckley, District #14, Thomas A. Law, District #13, Chuck Moss, District #15, Shelley Goodman Taub, District #12 IN RE: BOARD OF COMMISSIONERS–ACCEPTANCE OF PETITION FOR DETACHMENT AND SCHEDULING DETACHMENT VOTE OF THE ELECTORATE OF THE CITY OF PONTIAC TO THE CHARTER TOWNSHIP OF BLOOMFIELD To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Clerk received a Petition for Detachment on the 26th day of October, 2001 for the detachment of a portion of the City of Pontiac to the Charter Township of Bloomfield; and WHEREAS the Petition for Detachment contained the signatures of registered voters in excess of one (1%) percent of the population of the combined population of the City of Pontiac and the Charter Township of Bloomfield including at least ten (10) signatures of registered voters in each community; and WHEREAS the Petition for Detachment contained a map and description of the land to be detached; and WHEREAS the Petition for Detachment conforms with the provisions and requirements of MCL 117.6 and 117.8 as amended as to form and content; and WHEREAS the Petition for Detachment contained the necessary number of signatures of registered voters required by MCL 117.6. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners determined that the Petition for Detachment complies with the requirements of MCL 117.6 and 117.8. BE IT FURTHER RESOLVED that the Petition for Detachment shall be submitted to the vote of the electorate of the City of Pontiac and the Charter Township of Bloomfield on the 5th day of February, 2002. Chairperson, we move the adoption of the foregoing resolution. DAVID B. BUCKLEY, THOMAS A. LAW, CHUCK MOSS, SHELLEY GOODMAN TAUB Copy of Letter from Bloomfield Township Clerk Wilma S. Cotton, Detachment Area Map, and Detachment Area Description on file in County Clerk’s office. Action taken at the December 13, 2001 board meeting: Moved by Patterson supported by Moss the General Government Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Moved by Patterson supported by Amos the Finance Committee Fiscal Report be accepted. A sufficient majority having voted therefore, the report was accepted. Moved by Patterson supported by Douglas the resolution be adopted. Commissioners Minutes Continued. January 24, 2002 31 Moved by Melton supported by Causey-Mitchell the resolution to be amended as follows: The following RESOLVED paragraphs be deleted: NOW THEREFORE BE IT RESOLVED that the Board of Commissioners determines that the Petition for Detachment complies with the requirements of MCL 117.6 and 117.8. BE IT FURTHER RESOLVED that the Petition for Detachment shall be submitted to the vote of the electorate of the City of Pontiac and the Charter Township of Bloomfield on the 5th day of February, 2002. The following RESOLVED paragraphs be added: NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby direct the Oakland County Corporation Counsel to file a Declaratory Judgement action on behalf of the Oakland County Board of Commissioners seeking a ruling on the affect of the Petition of Detachment in relationship to the pending three lawsuits. BE IT FURTHER RESOLVED the election on the Petition to Detach shall be the earlier of a decision on the declaratory action or the August 6, 2002 primary election. Discussion followed. Vote on amendment: AYES: Coleman, Galloway, Garfield, Gregory, McPherson, Melton, Sever, Suarez, Amos, Appel, Causey-Mitchell. (11) NAYS: Crawford, Dingeldey, Douglas, Law, Moffitt, Moss, Obrecht, Palmer, Patterson, Taub, Webster, Brian, Buckley. (13) A sufficient majority not having voted therefore, the amendment failed. Vote on resolution: AYES: Crawford, Dingeldey, Douglas, Law, Moffitt, Moss, Obrecht, Palmer, Patterson, Taub, Amos, Brian, Buckley. (13) NAYS: Galloway, Garfield, Gregory, McPherson, Melton, Sever, Suarez, Webster, Appel, Causey-Mitchell, Coleman. (11) A sufficient majority having voted therefore, the resolution was adopted. Action taken at the January 24, 2002 board meeting: Moved by Moss supported by Palmer consideration to override Oakland County Executive, L. Brooks Patterson’s veto of Miscellaneous Resolution #01305. Discussion followed. The Chairperson stated a majority of (16) votes would be needed to override the veto of Miscellaneous Resolution #01305. Vote on override of veto: AYES: Law, Moffitt, Moss, Obrecht, Palmer, Patterson, Taub, Amos, Brian, Buckley, Crawford, Dingeldey, Douglas. (13) NAYS: Melton, Suarez, Webster, Appel, Causey-Mitchell, Coleman, Garfield, Gregory. (8) A sufficient majority not having voted therefore, the motion to override Oakland County Executive, L. Brooks Patterson’s veto failed. Commissioners Minutes Continued. January 24, 2002 32 In accordance with Rule XII.G, the Chairperson made the following referrals: PERSONNEL a. Oxford Township-Support Miscellaneous Resolution #01337-Addition of Two Deputy I Positions to the Sheriff’s Dept. Transport Unit PUBLIC SERVICES a. Oxford Township-Support Miscellaneous Resolution #01337-Addition of Two Deputy I Positions to the Sheriff’s Dept. Transport Unit. b. Addison Township-Support Miscellaneous Resolution #01337-Addition of Two Deputy I Positions to the Sheriff’s Dept. Transport Unit There were no objections. The Board adjourned at 11:29 a.m. to the call of the Chair or February 21, 2002, at 9:30 a.m. G. WILLIAM CADDELL THOMAS A.LAW Clerk Chairperson