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HomeMy WebLinkAboutMinutes - 2002.08.08 - 8310353 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES August 8, 2002 Meeting called to order by Chairperson Thomas Law at 10:05 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, Garfield, Gregory, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster. (24) ABSENT: Galloway (absent with notice). (1) Quorum present. Invocation given by Vincent Gregory. Pledge of Allegiance to the Flag. Moved by Suarez supported by Buckley the minutes of the July 18, 2002, Board Meeting be approved. A sufficient majority having voted therefore, the minutes were approved as printed. Moved by Sever supported by Crawford the rules be suspended and the agenda be amended, as follows: ITEMS NOT ON BOARD AGENDA: FINANCE COMMITTEE c. MR #02175 – Environmental Infrastructure Fund Reimbursement for Project in the City of Novi – FY 2001 and FY 2002 Allocation. (Reason for suspension of Finance Committee, item c: Waiver of Rule III – Finance meeting immediately prior to the Board meeting.) GENERAL GOVERNMENT COMMITTEE c. MR #02171 – Clerk/Register of Deeds – Transfer of the Chief Court Clerk Position to Circuit Court and the Creation of One (1) County Clerk Records Specialist Position in the County Clerk Legal Records Unit. Commissioners Minutes Continued. August 8, 2002 354 PUBLIC SERVICES COMMITTEE a. Sheriff’s Department – Contract for Law Enforcement Services at the Michigan Renaissance Festival – 2002 Season. b. Circuit Court (Adult Drug Court) FY 2002 Temporary Assistance for Needy Families (T.A.N.F.) – Michigan ODCP Contract Grant Acceptance. c. Circuit Court/Friend of the Court – 2002/2003 Medical Support Enforcement Reimbursement Contract Application/Acceptance. (Reason for suspension of General Government Committee, item c and Public Services Committee, items a, b, and c: Waiver of Rule III Public Services and Finance meeting immediately prior to the Board meeting) Vote on agenda, as amended: AYES: Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Garfield, Gregory, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos. (24) NAYS: None. (0) A sufficient majority having voted therefore, the motion to suspend the rules and amend the agenda carried. The Chairperson made the following statement, “A Public Hearing is now called on the Department of Solid Waste Management – Resolution Approving the Provisions of a Brownfield Plan for the Former Sanicem Landfill. Are there any persons present who wish to speak?” No persons requested to speak and the Chairperson declared the Public Hearing closed. The Chairperson made the following statement, “A Public Hearing is now called on the Planning and Economic Development Service Division Resolution Approving Project Plan (Everest Academy Project) – Independence Township. Are there any persons present who wish to speak?” No persons requested to speak and the Chairperson declared the Public Hearing closed. Deputy Clerk Frank Millard read the following communication from Drain Commissioner John P. McCulloch extending the appointment of Connie Sims on the Well Advisory Committee for one year beginning September 2002. Deputy Clerk Frank Millard read the following communication from Chairperson Thomas A. Law appointing Commissioner Peter H. Webster to the Brownfield Redevelopment Authority. Deputy Clerk Frank Millard read the following communication from Oakland County Sheriff Michael J. Bouchard appointing Lieutenant Michael Sutton as the Sheriff’s designee to the Friend of the Court Citizens Advisory Committee. The following people addressed the board: Commissioner Obrecht and former Drain Commissioner, George Kuhn. MISCELLANEOUS RESOLUTION #02179 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF CENTRAL SERVICES/LEASED VEHICLES – PERMANENT FLEET EXPANSION OF TWO (2) VANS FOR COMMUNITY CORRECTIONS/WAM PROGRAM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS by Miscellaneous Resolutions #93230 and #94357, the Oakland County Board of Commissioners adopted a Leased Vehicle Policy requiring that additions to the County fleet be approved by the Board of Commissioners; and WHEREAS by Miscellaneous Resolution #98258, the Board of Commissioners authorized the temporary expansion of the County Vehicle Fleet by reassigning three (3) fully depreciated vans to Community Corrections; and Commissioners Minutes Continued. August 8, 2002 355 WHEREAS two (2) of the vans are requiring an excessive amount of repairs and are at the end of their useful life; and WHEREAS the Community Corrections Division still has the need to lease two (2) vans from the County Fleet to accommodate the transportation needs of the Weekend Alternative for Misdemeanants (WAM) Program; and WHEREAS Community Corrections has funds available in Contracted Services of $44,000 for the Fiscal Year 2002; and WHEREAS the amount of the variance will cover the capital acquisition cost; and WHEREAS a budget amendment will be presented to amend the FY 2003 and FY 2004 County Executive Recommended budget. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the permanent expansion of the County Vehicle Fleet by two (2) vehicles for the Community Corrections Division/WAM Program. BE IT FURTHER RESOLVED that the Fiscal Year 2002 Budget is amended as follows: FY2002 GENERAL FUND EXPENSE 101-17-402200-70001-2572 Contracted Services ($44,000) 101-17-403300-70211-8001 Transfer Out 44,000 $ -0- MOTORPOOL FUND REVENUE 661-13-661003-10-1701 Transfer In 44,000 $44,000 EXPENSE 661-13-661002-10-8005 Chg in Fund Equity 44,000 $44,000 $ -0- Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Moved by Douglas supported by Taub the resolution be adopted. AYES: Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Garfield, Gregory, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel. (24) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. MISCELLANEOUS RESOLUTION #02180 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET/EQUALIZATION DIVISION – APPROVAL OF CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH THE CITY OF THE VILLAGE OF CLARKSTON, CITY OF CLAWSON, CITY OF FARMINGTON, CITY OF LATHRUP VILLAGE, CITY OF ORCHARD LAKE VILLAGE, CITY OF PONTIAC, CITY OF ROCHESTER, CITY OF SYLVAN LAKE, CITY OF WALLED LAKE, CITY OF WIXOM, TOWNSHIP OF GROVELAND, CHARTER TOWNSHIP OF MILFORD, TOWNSHIP OF NOVI, TOWNSHIP OF SOUTHFIELD, AND THE CHARTER TOWNSHIP OF WEST BLOOMFIELD To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Equalization Division provides a number of services to local units of government including original assessments, reappraisals, and file maintenance; and WHEREAS these services are provided under contract with the local units as approved by the Board of Commissioners; and WHEREAS revenues and expenditures associated with the services for these contracts are included in Commissioners Minutes Continued. August 8, 2002 356 the FY 2002 budget, and therefore, no budget amendment is recommended. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves entering into the attached Contract for Oakland County Equalization Division Assistance Services with the following municipalities: 1. City of the Village of Clarkston, for real and personal property 2. City of Clawson, for real and personal property 3. City of Farmington, for personal property 4. City of Lathrup Village, for real and personal property 5. City of Orchard Lake Village, for personal property 6. City of Pontiac, for real and personal property 7. City of Rochester, for real and personal property 8. City of Sylvan Lake, for real and personal property 9. City of Walled Lake, for real and personal property 10. City of Wixom, for personal property 11. Township of Groveland, for real and personal property 12. Charter Township of Milford, for real and personal property 13. Township of Novi, for real and personal property 14. Township of Southfield, for real and personal property 15. Charter Township of West Bloomfield, for personal property BE IT FURTHER RESOLVED that the Board of Commissioners’ Chairperson is authorized to sign these contracts BE IT FURTHER RESOLVED that the Oakland County Clerk shall receive and file the executed contracts with the aforementioned municipalities and forward the same to the Secretary of State as required by law. Chairperson, on behalf of the Finance Committee, I move for the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Contracts for Oakland County Equalization Division Assistance Services with the City of the Village of Clarkston, City of Clawson, City of Farmington, City of Lathrup Village, City of Orchard Lake Village, City of Pontiac, City of Rochester, City of Sylvan Lake, City of Walled Lake, City of Wixom, Township of Groveland, Charter Township of Milford, Township of Novi, Township of Southfield, and Charter Township of West Bloomfield on file in County Clerk’s office. Moved by Douglas supported by Obrecht the resolution be adopted. AYES: Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Garfield, Gregory, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel, Brian. (24) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. MISCELLANEOUS RESOLUTION #02175 BY: Hugh D. Crawford, District #17 IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF NOVI – FISCAL YEAR 2001 AND FISCAL YEAR 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, the City of Novi 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. August 8, 2002 357 WHEREAS the City of Novi is requesting reimbursement from the Fiscal year 2001 and Fiscal 2002 appropriation for expenses related to the Arsenic remediation project located north of Twelve Mile Road and West of Dixon Road; and WHEREAS the Fiscal Year 2000 appropriation which was approved by Miscellaneous Resolution #00312 will also be used towards this project which totals $577,914.03; and WHEREAS the Fiscal Year 2001 and Fiscal Year 2002 authorized amount of funding for the City of Novi is $192,638.01 annually from the Environmental Infrastructure Fund as repayment to the City of Novi 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 project submitted by the City of Novi as eligible for reimbursement from the Environmental Infrastructure Fund. BE IT FURTHER RESOLVED that the board authorizes the Fiscal Year 2001 and Fiscal Year 2002 appropriation in the amount of $192,638.01 annually from the Environmental Infrastructure Fund (Account #90-263248-41000-3985) to repay the City of Novi 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. HUGH D. CRAWFORD Copy of Resolution Authorizing Environmental Infrastructure Fund Expense Reimbursement Request – City of Novi and letter from Richard Clark, Mayor of the City of Novi on file in County Clerk’s office. FISCAL NOTE (MISC. #02175) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF NOVI – FISCAL YEAR 2001 AND FISCAL YEAR 2002 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee, has reviewed the above referenced resolution and finds: 1. Funding of $192,638.01 is available in the Environmental Infrastructure Fund for Fiscal Year 2001 and FY 2002, to reimburse the City of Novi for this project; no additional appropriation is required. 2. The Committee recommends adoption of the resolution. FINANCE COMMITTEE Moved by Douglas supported by Crawford the resolution be adopted. AYES: Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Garfield, Gregory, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel, Brian, Buckley. (24) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. REPORT (MISC. #02177) BY: General Government Committee, William Patterson, Chairperson IN RE: MISCELLANEOUS RESOLUTION #02177 - BOARD OF COMMISSIONERS - SUPPORT FOR BALLOT PROPOSAL 2 - FUNDS FOR THE FUTURE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above-titled resolution on July 22, 2002, recommends that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Commissioners Minutes Continued. August 8, 2002 358 MISCELLANEOUS RESOLUTION #02177 BY: Peter H. Webster, District #22, Lawrence A. Obrecht, District #3 and Shelley Goodman Taub, District #12 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR BALLOT PROPOSAL 2 - FUNDS FOR THE FUTURE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Proposal 2 – Funds for the Future will appear on the August 6 Michigan primary ballot and if approved will allow the State Treasurer to invest Michigan Natural Resources Trust Fund (MNRTF) revenues in the same manner as is currently provided for in the Public Employees Retirement System Investment Act; and WHEREAS Proposal 2 – Funds for the Future raises the MNRTF cap from $400 million to $500 million; and WHEREAS Proposal 2 – Funds for the Future removes the provision that states that when the principal of the MNRTF reaches $200 million, the state may no longer expend 1/3 of the annual mineral revenues; and WHEREAS Proposal 2 – Funds for the future allows the State Treasurer to invest Michigan State Parks Endowment Fund revenues in the same manner as is currently provided for in the Public Employees Retirement System Investment Act; and WHEREAS Proposal 2 – Funds for the Future allows the appropriation of interest and earnings and up to 50 percent of the annual revenues to the State Parks Endowment Fund; and WHEREAS Proposal 2 – Funds for the Future allows the State Parks Endowment Fund to be used to purchase land or rights in land; and WHEREAS Proposal 2 – Funds for the Future transfers investment authority for the Veterans Trust Fund to the State Treasurer and requires the State Treasurer to annually report to the Legislature identifying the interest and earnings of the Fund, increases (if any) from investments and how funds have been spent; and WHEREAS Proposal 2 – Funds for the Future allows the State Treasurer to invest revenues from the Veterans Trust Fund, Game and Fish Protection Trust Fund, Nongame Fish and Wildlife Trust Fund, and Michigan Civilian Conservation Corps Endowment Fund in the same manner as is currently provided for in the Public Employees Retirement System Investment Act; and WHEREAS the passage of Proposal 2 – Funds for the Future is critical for maintaining and enhancing important funding sources to improve recreation opportunities and enhance the quality of life for Michigan citizens both today and in the future; and WHEREAS the Oakland County Parks and Recreation Commission voted on June 10, 2002 to support the passage of Proposal 2 – Funds for the Future. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports the passage of Proposal 2 - Funds for the Future, which will be placed before voters on the August 6, 2002 Michigan Primary Ballot. BE IT FURTHER RESOLVED that copies of this adopted resolution be forwarded to the Governor of the State of Michigan, the Oakland County delegation to the state legislature, the Michigan Association of Counties, the Oakland County Parks and Recreation Commission and Oakland County’s legislative lobbyists. Chairperson, I move the adoption of the foregoing Resolution. PETER H. WEBSTER, LAWRENCE OBRECHT, SHELLEY TAUB, JOHN GARFIELD, CHARLES MOSS, TOM MIDDLETON, SUE ANN DOUGLAS Moved by Patterson supported by Webster the resolution be adopted. Moved by Patterson supported by Webster the General Government Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Commissioners Minutes Continued. August 8, 2002 359 Vote on resolution: AYES: Coleman, Crawford, Dingeldey, Douglas, Garfield, Gregory, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel, Brian, Buckley, Causey-Mitchell. (24) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. REPORT (MISC. #02178) BY: General Government Committee, William Patterson, Chairperson IN RE: MISCELLANEOUS RESOLUTION #02178 - BOARD OF COMMISSIONERS - SUPPORT FOR RATE PAYER REPRESENTATION ON DETROIT WATER AND SEWERAGE DEPARTMENT, BOARD OF WATER COMMISSIONERS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above-titled resolution on July 22, 2002, recommends that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #02178 BY: Peter H. Webster, District #22 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR RATE PAYER REPRESENTATION ON DETROIT WATER AND SEWERAGE DEPARTMENT, BOARD OF WATER COMMISSIONERS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the current system of representation on the Detroit Water and Sewerage Department, Board of Water Commissioners, [the "Board"] that services the metropolitan regional area with water supply and sewage services [the "System"] is not equitable and has proven to be unresponsive; and WHEREAS weighted rate payer representation based on usage of the System is an equitable and more inclusive method of governance of the Board; and WHEREAS equitable and responsive representation on the Board would provide each participating city, village, township or county with a representative and provide for weighted voting regarding governance issues determined by the Board; and WHEREAS representation by rate payers would allow for appropriate review and establishment of rates, charges, procedures and overall efficiency for water supply and sewage services and to review and approve plans and projects to extend or refinance the System’s facilities; and WHEREAS rate payer representation in the rate formulation process will result in a better understanding of how the Board's operation and capital budgets are developed and what assumptions are used in developing the rates; and WHEREAS an efficiency audit through self assessments under the guidance of outside experts conducted in a public forum to analyze the operation to reengineer and achieve significant savings in cost is necessary; and WHEREAS appropriate rate payer representation should consist of a member of the governing body or the mayor, president, or supervisor of each city, village, or township that is provided retail water supply or sewerage services from the System; and WHEREAS each county that has an appointed representative to the assembly and received a supply of water or sewerage services from the System on behalf of one or more municipalities, districts authorities, or other public corporation in the county, should also have a representative appointed to serve on the Board. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners support the concept of rate payer representation on the Detroit Water and Sewerage Department, Board of Water Commissioners, from each participating municipality on a regional water and sewerage system that is empowered to review and approve the rates, charges, procedures and overall efficiency of the water supply and sewerage services. Commissioners Minutes Continued. August 8, 2002 360 BE IT FURTHER RESOLVED that copies of this adopted resolution be forwarded to the Governor of the State of Michigan, the Oakland County Drain Commissioner, the Oakland County Water Quality Advisory Committee, the Oakland County delegation to the state legislature, the Michigan Association of Counties, the Michigan Municipal League, the City of Detroit, Detroit Water and Sewerage Department, Board of Water Commissioners. and Oakland County’s legislative lobbyists. Chairperson, I move the adoption of the foregoing resolution. PETER H. WEBSTER, CHARLES MOSS, TOM MIDDLETON, JOHN GARFIELD, SUE ANN DOUGLAS, DAVID MOFFITT, SHELLEY TAUB Moved by Patterson supported by Webster the resolution be adopted. Moved by Patterson supported by Webster the General Government Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Vote on resolution: AYES: Crawford, Dingeldey, Douglas, Garfield, Gregory, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel, Brian, Buckley, Causey-Mitchell, Coleman. (24) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. REPORT (MISC. #02171) BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: MISCELLANEOUS RESOLUTION #02171 – COUNTY CLERK/REGISTER OF DEEDS – TRANSFER OF THE CHIEF COURT CLERK POSITION TO CIRCUIT COURT AND THE CREATION OF ONE (1) COUNTY CLERK RECORDS SPECIALIST POSITION IN THE COUNTY CLERK LEGAL RECORDS UNIT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Public Services Committee, having reviewed Miscellaneous Resolution #02171 August 8, 2002, reports with a recommendation that the resolution be adopted. Chairperson, on behalf of the Public Services Committee, I move acceptance of the foregoing report. PUBLIC SERVICES COMMITTEE REPORT (MISC. #02171) BY: Personnel Committee, Nancy Dingeldey, Chairperson IN RE: COUNTY CLERK/REGISTER OF DEEDS – TRANSFER OF THE CHIEF COURT CLERK POSITION TO CIRCUIT COURT AND THE CREATION OF ONE (1) COUNTY CLERK RECORDS SPECIALIST POSITION IN THE COUNTY CLERK LEGAL RECORDS UNIT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed Miscellaneous Resolution #02171 on July 24, 2002, recommends the resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE Commissioners Minutes Continued. August 8, 2002 361 MISCELLANEOUS RESOLUTION #02171 BY: General Government Committee, William R. Patterson, Chairperson IN RE: COUNTY CLERK/REGISTER OF DEEDS – TRANSFER OF THE CHIEF COURT CLERK POSITION TO CIRCUIT COURT AND THE CREATION OF ONE (1) COUNTY CLERK RECORDS SPECIALIST POSITION IN THE COUNTY CLERK LEGAL RECORDS UNIT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Chief Court Clerk position was created to provide coordination and training to the Court Clerks in the Circuit Court and the County Clerk/Register of Deeds and to perform certain clerical functions within the County Clerk Division; and WHEREAS the duties of the position have increased to require more time dedicated to the oversight of the Court Clerks; and WHEREAS these increased duties have reduced clerical support for other job responsibilities within the County Clerk Division, including the processing of bankruptcies and liquidation notices, the transfer of cases into Oakland County Circuit Court from other courts, the transfer of cases from Oakland County Circuit Court to Federal Court, and the overflow of workload generated within the Legal Records Unit; and WHEREAS the bench of the Circuit Court issued an order effective May 23, 2002, to increase the fees charged for copies of legal records from $.25 per copy to $1.00 per copy; and WHEREAS the County Clerk, through a cooperative effort with the Circuit Court, is requesting the transfer of the Chief Court Clerk position to the General Jurisdiction Unit of the Circuit Court to provide full-time coverage of the Court Clerk functions; and WHEREAS the County Clerk is also requesting the creation of a County Clerk Records Specialist in the County Clerk Legal Records Unit to cover responsibilities left unattended by the transfer of the Chief Court Clerk. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the transfer of the Chief Court Clerk position (21201-05628) to the Circuit Court General Jurisdiction Unit (35301). BE IT FURTHER RESOLVED to create one (1) GF/GP County Clerk Records Specialist position in the County Clerk Legal Records Unit (21210). Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE FISCAL NOTE (MISC. #02171) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: CLERK/REGISTER OF DEEDS – TRANSFER OF THE CHIEF COURT CLERK POSITION TO CIRCUIT COURT AND THE CREATION OF ONE (1) COUNTY CLERK RECORDS SPECIALIST POSITION IN THE COUNTY CLERK LEGAL RECORDS UNIT 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 Chief Court Clerk position was created to provide coordination and training to the Court Clerks in the Circuit Court and the County Clerk/Register of Deeds and to perform certain clerical functions within the County Clerk Division 2. Increased duties requires more time dedicated to the oversight of the Court Clerks duties and reduced clerical support for other job responsibilities within the County Clerk Division. 3. The County Clerk, through a cooperative effort with the Circuit Court, is requesting the transfer of the Chief Court Clerk position to the General Jurisdiction Unit of the Circuit Court to provide full-time coverage of the Court Clerk functions. 4. The County Clerk is requesting the creation of a County Clerk Records Specialist in the County Clerk Legal Records Unit to provide clerical coverage for the transferred Chief Court Clerk. 5. The cost of the Records Specialist position for the remainder of FY 2002 is $5,264 and $46,989 for FY 2003 and FY 2004. Commissioners Minutes Continued. August 8, 2002 362 6. Funding for the newly created position will come from the Circuit Court ordered increase in fees charged for copies of legal records from $.25 per copy to $1.00 per copy, and is expected to generate at least $110,000 of additional revenue annually. 7. A budget amendment for the FY 2003 And FY 2004 County Executive Recommended Budget will be presented during the budget process. 8. The Fiscal Year 2002 General Fund budget should be amended as follows to create the County Clerk Records Specialist position, and transfer the Chief Court Clerk position: General Fund 101 FY 2002 Creation of (1) County Clerk Records Specialist Revenue 1-21-140100-11000-0335 Certified Copies $18,333 $18,333 2-21-221000-01000-2001 Salaries $ 3,760 2-21-221000-01000-2074 Fringe Benefits $ 1,504 2-90-290000-28000-2564 Contingency $13,069 $18,333 $ -0- Transfer of (1) Chief Court Clerk, Position #05628 2-21-220100-01000-2001 Salaries ($ 7,616) 2-21-220100-01000-2074 Fringe Benefits ($ 3,326) 2-35-230000-11000-2001 Salaries $ 7,616 2-35-230000-11000-2074 Fringe Benefits $ 3,326 $ -0- FINANCE COMMITTEE Moved by Patterson supported by McPherson the resolution be adopted. Moved by Patterson supported by McPherson the Public Services Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Moved by Patterson supported by McPherson the Personnel Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Vote on resolution: AYES: Dingeldey, Douglas, Garfield, Gregory, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford. (24) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. MISCELLANEOUS RESOLUTION #02181 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION APPROVING PROJECT PLAN (EVEREST ACADEMY PROJECT) - INDEPENDENCE TOWNSHIP To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS The Economic Development Corporation of the County of Oakland (the "EDC") has recommended that the Board of Commissioners approve the Project Plan required by the Economic Commissioners Minutes Continued. August 8, 2002 363 Development Corporations Act (the "Act") for the captioned Project, a copy of which has been presented to this meeting (the "Project Plan"); and WHEREAS the EDC's recommendations to the Board of Commissioners were based upon its determinations that the Project is reasonable and necessary to effectuate the purposes of the Act and that the Project Plan satisfies all of the requirements of the Act regarding project plans; and WHEREAS the governing body of Independence Township, Oakland County, Michigan, has also approved the Project Plan and given its consent to the exercise of jurisdiction over the Project by the EDC; and WHEREAS the Board of Commissioners has held a public hearing to consider whether the Project Plan constitutes a public purpose as contemplated by the Act; and WHEREAS the Board of Commissioners, following such public hearing and its review of the Project Plan, concurs in the determinations of the EDC with respect thereto. NOW THEREFORE BE IT RESOLVED that the Project Plan is hereby determined to constitute a public purpose as contemplated by the Act and is hereby approved. BE IT FURTHER RESOLVED that the EDC is hereby authorized to take such steps as are necessary to implement the Project and the financing thereof by the issuance of its limited obligation revenue bonds as contemplated by the Project Plan. BE IT FURTHER RESOLVED that the County Clerk is hereby directed to provide four certified copies of this resolution to the Assistant Secretary of the Board of the EDC. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of the Economic Development Corporation of the County of Oakland Everest Academy Project Plan, Exhibit A, B, C, D, E and Attachment A on file in County Clerk’s office. Moved by Palmer supported by Middleton the resolution be adopted. AYES: Douglas, Garfield, Gregory, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey. (24) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. MISCELLANEOUS RESOLUTION #02182 BY: Planning and Building Committee - Charles E. Palmer, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - APPROVAL OF GRANT OF STORM SEWER EASEMENT TO NORTH ORCHARD PLAZA, LLC, GLEN OAKS COUNTY PARK, CITY OF FARMINGTON HILLS, PART OF PARCEL NO. 23-02-177-034 To the Oakland County Board of Commissioners Chairperson, Ladies, and Gentlemen: WHEREAS the County of Oakland is the owner of Glen Oaks County Park located in the City of Farmington Hills; and WHEREAS North Oakland Plaza, LLC has requested that the County of Oakland grant a 20-foot wide by 59-foot long permanent easement for the construction, installation, operation, maintenance, replacement and removal of a storm sewer over a portion of Glen Oaks County Park; and WHEREAS North Orchard Plaza, LLC and County staff have agreed upon compensation for granting the proposed easement in the amount of $10,000. As a further condition of granting the easement, North Orchard Plaza has agreed to install, at its expense, a 14-foot by 10-foot asphalt paved approach to the existing park service gate located at the northeast corner of the park property; and WHEREAS the Oakland County Parks and Recreation Commission accepted and approved the requested easement on June 12, 2002; and WHEREAS the Department of Facilities Management and Corporation Counsel have reviewed and approved the attached easement document for storm sewer. Commissioners Minutes Continued. August 8, 2002 364 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby accepts and approves the granting of the attached permanent easement for the construction, installation, operation, maintenance, replacement and removal of a storm sewer over a portion of Glen Oaks County Park. BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby designates that the compensation received for granting the subject easement in the amount of $10,000 be paid to the Oakland County Parks and Recreation Department and designated for the improvement of Glen Oaks County Park. BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs its Chairperson or its designee to execute the necessary documents 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 #02170 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEPARTMENT OF WASTE MANAGEMENT - RESOLUTION APPROVING THE PROVISIONS OF A BROWNFIELD PLAN FOR THE FORMER SANICEM LANDFILL To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners, pursuant to and in accordance with the provisions of the Brownfield Redevelopment Financing Act, being Act 381 of the Public Acts of the State of Michigan of 1996, as amended (the “Act”), have established a redevelopment of Brownfields Redevelopment Authority and Board (OCBRA) to facilitate the clean up and redevelopment of Brownfields within Oakland County’s communities; and WHEREAS the former Sanicem landfill site in Orion Township has been a long-standing environmental hazard, a “facility” under state statute, and a tax-reverted, non-producing parcel for many years; and WHEREAS a Brownfield clean up and redevelopment plan (the “Plan”) has been prepared to restore the environmental and economic viability of this parcel which the OCBRA has reviewed and modified; and WHEREAS pursuant to OCBRA by-laws, a local committee has been appointed, participated in discussions regarding the proposed plan and project, reviewed the plan, and recommends its approval; and WHEREAS the members of the Township Board have reviewed the Plan, and have been provided a reasonable opportunity to express their views and recommendations regarding the Plan in accordance with Sections 13 (13) of the Act, and have unanimously approved the resolution declaring their concurrence with the provisions of the Plan (attached); and WHEREAS the OCBRA, pursuant to and in accordance with Section 13 of the Act, has unanimously approved a resolution (attached) adopting the Plan, procedures for cost reimbursement, and recommending the adoption of the Plan by the Planning and Building Committee and the Board of Commissioners to be carried out within the Township of Orion, relating to the redevelopment of the former Sanicem Landfill located at M-24 and Brown Road (the “Property”). NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby adopt the Plan and be carried out within the Township of Orion, relating to the redevelopment of the former Sanicem Landfill located at M-24 and Brown Road (the “Property”). BE IT FURTHER RESOLVED that adoption of this resolution is contingent on Corporation Counsel approval of Public Hearing publishing dates of July 16, 2002 and July 18, 2002. BE IT FURTHER RESOLVED that a public hearing on the adoption of the Brownfield Plan approved by the Oakland County Brownfield Redevelopment Authority for the former Sanicem Landfill in Orion Township shall be held on August 8th at 9:45 a.m. in the Board of Commissioners Auditorium, 1200 North Telegraph Road, Pontiac, Michigan. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Commissioners Minutes Continued. August 8, 2002 365 Copy of Project Summary on file in County Clerk’s office. FISCAL NOTE (MISC. #02170) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF WASTE MANAGEMENT – RESOLUTION APPROVING THE PROVISIONS OF A BROWNFIELD PLAN FOR THE FORMER SANICEM LANDFILL To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The resolution adopts a Brownfield Plan relating to the clean-up and redevelopment of the former Sanicem Landfill in Orion Township to restore the environmental and economic viability of the property. 2. The property is a tax-reverted, non-producing parcel and no property taxes are currently being collected. 3. No General Fund/General Purpose appropriation is required. FINANCE COMMITTEE Moved by Palmer supported by Obrecht the resolution be adopted. AYES: Garfield, Gregory, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas. (24) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. Commissioner Charles Palmer requested a Public Hearing be scheduled for the purpose for allowing public comment on the Community and Economic Development Services Division Resolution Approving Project Plan (M.C. Carbide Tool Co. Project) – Lyon Charter Township. The Chairperson scheduled the hearing for August 22, 2002 at 9:45 a.m. in the Board of Commissioners Auditorium. MISCELLANEOUS RESOLUTION #02183 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: SHERIFF'S DEPARTMENT - CONTRACT FOR LAW ENFORCEMENT SERVICES AT THE MICHIGAN RENAISSANCE FESTIVAL - 2002 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 Department to supply Patrol Officers for Law Enforcement Services for the upcoming 2002 season; and WHEREAS the Sheriff's Department has agreed to supply such Patrol Officers on an availability overtime hourly basis, the number of man-hours to be determined by the Sheriff's Department; and WHEREAS the County of Oakland shall be reimbursed for such services by the Michigan Renaissance Festival at the hourly overtime rates for the 2002 season, as was established by Miscellaneous Resolution #98012. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approve the execution of the attached contract consistent with provisions contained therein. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Contract for Police Protection Michigan Renaissance Festival, Attachment A, Attachment B, Attachment C, and Attachment D on file in County Clerk’s office. Commissioners Minutes Continued. August 8, 2002 366 FISCAL NOTE (MISC. #02183) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFF’S DEPARTMENT - CONTRACT FOR LAW ENFORCEMENT SERVICES AT THE MICHIGAN RENAISSANCE FESTIVAL - 2002 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. Michigan Renaissance Festival has requested the Oakland County Sheriff’s Department to supply Patrol Officers for Law Enforcement Services for the upcoming 2002 season. 2. Previously, this contract was with the Township of Groveland for auxiliary services for 2002- 2003 (Miscellaneous Resolution #02118). The Township has requested that the contract be with Michigan Renaissance Festival. 3. Miscellaneous Resolution #98012 adopted March 5, 1998 established the standard overtime rates for the period 1999-2003. 4. The contract will take effect August 10, 2002. 5. Sufficient revenue and expenditures have been included in the Fiscal Year 2002 budget to cover the terms of the proposed contract. No additional appropriation is required. FINANCE COMMITTEE Moved by Crawford supported by Patterson the resolution be adopted. AYES: Gregory, Law, McPherson, Melton, Middleton, Moffitt, Moss, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Garfield. (23) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. MISCELLANEOUS RESOLUTION #02184 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: CIRCUIT COURT (ADULT DRUG COURT) FISCAL YEAR 2002 TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (T.A.N.F.) – MICHIGAN ODCP CONTRACT GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Department of Community Health, Office of Drug Control Policy has awarded grant funding to the 6th Judicial Circuit Court under the U.S. Department of Justice and U.S. Department of Health and Human Services for the period of October 1, 2001 through September 30, 2002 for drug court treatment funding; and WHEREAS this is one time award to enhance the existing grant programs; and WHEREAS the Michigan Department of Community Health approved the grant application as submitted, and awarded Oakland County a federal pass-through grant totaling $35,000 under the federal program title of Temporary Assistance for Needy Families (T.A.N.F.), there is no match requirement for T.A.N.F. funds; and WHEREAS the grant award provides enhanced funding of the Fiscal Year 2002 programs which support the Circuit Court’s Drug Court Program; and WHEREAS this program funds $35,000 of T.A.N.F. funds that can be used for support for work activities, child care, transportation, education and training, mental health/substance abuse, domestic violence, developmental and learning disabilities, enhancing or supplementing family income or assets, and family formation and pregnancy prevention; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process 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 Michigan Department of Community Health, Office of Drug Control Policy in the amount of $35,000, requiring no county matching dollars, for the period of October 1, 2001 through September 30, 2002. Commissioners Minutes Continued. August 8, 2002 367 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 is 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, and continuation of the Drug Court program is contingent upon continued future levels of grant funding. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Contract Review – Circuit Court (Adult Drug Court), Agreement between Michigan Department of Community Health and County of Oakland 6th Judicial Circuit Court – Adult Courthouse Tower, Michigan Department of Community Health FY 01/02 Agreement Addendum A, Attachments A, B, C, and D on file in County Clerk’s office. FISCAL NOTE (MISC. #02184) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: CIRCUIT COURT (ADULT DRUG COURT) FISCAL YEAR 2002 TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (T.A.N.F.) ODCP CONTRACT 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 Michigan Department of Community Health, Office of Drug Control Policy, has awarded grant funding to the 6th Judicial Circuit Court, under the U.S. Department of Justice and U.S. Department of Health and Human Services, for the period of October 1, 2001 through September 30, 2002 for drug court treatment funding. 2. The grant is to support the drug court adult program services, to be provided on a contractual basis. 3. The amount of the grant award is $35,000, which requires no County, match. 4. The funds can be used for support for work activities, child care, transportation, education and training, mental health/substance abuse, domestic violence, developmental and learning disabilities, enhancing or supplementing family income or assets, and family formation and pregnancy prevention services as stated in the grant award. 5. The Fiscal Year 2002 Special Revenue budget should be amended as follows: Judicial Grants Fund FY 2002 Revenue 1-279-35-100711-28000-0131 Grants Federal $35,000 Expenditures 2-279-35-200711-28000-2572 Contracted Services 35,000 $ -0- FINANCE COMMITTEE Moved by Crawford supported by Coleman the resolution be adopted. AYES: Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Garfield, Gregory. (24) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. Commissioners Minutes Continued. August 8, 2002 368 MISCELLANEOUS RESOLUTION #02185 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: CIRCUIT COURT/FRIEND OF THE COURT – 2002/2003 MEDICAL SUPPORT ENFORCEMENT REIMBURSEMENT CONTRACT APPLICATION/ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Family Independence Agency has awarded the 2002/2003 Medical Support Enforcement Reimbursement contract to the Oakland County Friend of the Court in the amount of $397,588; and WHEREAS this is the eighth year for the contract and provides 100% reimbursement for services which establish and enforce medical support and insurance provisions in domestic relations cases; and WHEREAS the grant award is the same as the application and covers the period of October 1, 2002, through September 30, 2003; and WHEREAS the contract provides funding to continue three (3) Domestic Support Specialists, and three (3) Case Assistants and one (1) Domestic Support Specialist Supervisor, as well as various overtime; and WHEREAS the contract agreement has approved by the County Executive Contract Review process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Michigan Family Independence Agency 2002/2003 Medical Support Enforcement Reimbursement contract for the Oakland County Friend of the Court in the amount of $397,588. BE IT FURTHER RESOLVED that future level of service, including personnel will be contingent upon the level of funding for this program. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the contract agreement and to approve amendments and extensions up to fifteen (15%) percent variance from the award, consistent with the original agreement as approved. BE IT FURTHER RESOLVED that the County Executives Recommended Fiscal Year 2003 will be amended during the budget process to recognize this contract agreement. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Contract Review – Friend of the Court, FY 2003 Title IV-D Medical Support Application Package, and Agreement between Michigan Family Independence Agency and the County of Oakland on file in County Clerk’s office. FISCAL NOTE (MISC. #02185) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: CIRCUIT COURT/FRIEND OF THE COURT – 2002/2003 MEDICAL SUPPPORT ENFORCEMENT REIMBURSEMENT CONTRACT APPLICATION/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 Michigan Family Independence Agency has awarded the 2002/2003 Medical Support Enforcement Reimbursement contract to the Oakland County Friend of the Court, for the period of October 1, 2002 through September 30, 2003. 2. The grant provides 100% reimbursement for services, which establish and enforce medical support and insurance provisions in domestic relations’ cases. 3. The amount of the grant award is $397,588, which requires no County, match. 4. The contract provides funding to continue three (3) Domestic Support Specialists (position numbers 07792, 07947, and 08094), and three (3) Case Assistants (position numbers 07794, 07795, and 09124) and one (1) Domestic Support Specialist Supervisor (position number 07793), as well as related overtime. 5. The Fiscal Year 2003 Special Revenue budget will be amended during the budget process to appropriate grant revenue of $397,588, salaries of $254,238, fringe benefits of $108,199, and overtime of $35,151 per contract agreement. FINANCE COMMITTEE Commissioners Minutes Continued. August 8, 2002 369 Moved by Crawford supported by Dingeldey the resolution be adopted. AYES: McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Garfield, Gregory, Law. (24) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. REPORT (MISC. #02129) BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: JOHN F. NICHOLS LAW ENFORCEMENT COMPLEX MONUMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed Miscellaneous Resolution #02129 on July 9, 2002, recommends the resolution be amended and adopted as follows: "BE IT FURTHER RESOLVED that only donated funds be used for any necessary repairs or maintenance of the monument." Chairperson, on behalf of the Planning and Building Committee, I move the acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE REPORT (MISC. #02129) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: JOHN F. NICHOLS LAW ENFORCEMENT COMPLEX MONUMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed Miscellaneous Resolution #02129 on July 11, 2002, reports the resolution requests construction and placement of the monument with donated funds only. If the County wants to add landscaping, lighting, insurance, etc. it will be at County expense. Chairperson, on behalf of the Finance Committee, I move the acceptance of the foregoing report. FINANCE COMMITTEE MISCELLANEOUS RESOLUTION #02129 BY: Sue Ann Douglas, District #8; David Buckley, District #14; Fran Amos, District #5; Chuck Moss, District #15; Nancy Dingeldey, District #11; Shelley Taub, District #12; John Garfield, District #9; Tom Middleton, District #4; William Patterson, District #1 IN RE: JOHN F. NICHOLS LAW ENFORCEMENT COMPLEX MONUMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners honored the passing of John Francis Nichols, December 18, 1998, by adopting Miscellaneous Resolution #99003 on February 4, 1999; and WHEREAS said resolution named the law enforcement complex "The John F. Nichols Law Enforcement Complex" in honor of the late Sheriff; and WHEREAS said resolution stated that the appropriate department be directed to create and affix a monument and/or plaque to the John F. Nichols Law Enforcement Complex; and WHEREAS a plaque consistent with the resolution has been affixed to the main building; and WHEREAS donations from individuals wishing to have a monument constructed honoring the late Sheriff have been collected; and WHEREAS the monument can be constructed and placed utilizing only donated monies. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby direct the Planning and Building Committee, through the Department of Facilities Management, to oversee the construction and placement of a monument honoring the late Sheriff John F. Nichols. BE IT FURTHER RESOLVED that the monument be placed within the John F. Nichols Law Enforcement Complex. Commissioners Minutes Continued. August 8, 2002 370 BE IT FURTHER RESOLVED that only donated funds be used in the construction and placement of this monument. Chairperson, I move the adoption of the foregoing resolution. THOMAS LAW, SUE ANN DOUGLAS, DAVID BUCKLEY, TOM MIDDLETON, WILLIAM PATTERSON, NANCY DINGELDEY, JOHN GARFIELD, WILLIAM BRIAN, MICHELLE FRIEDMAN APPEL, GEORGE SUAREZ, DAVID MOFFITT, DAVID GALLOWAY, SHELLEY TAUB, FRAN AMOS, CHARLES MOSS, PETER WEBSTER, ERIC COLEMAN, VINCENT GREGORY, TIM MELTON, BRENDA CAUSEY-MITCHELL, RUEL MCPHERSON, LAWRENCE OBRECHT Copy of attachments on file in County Clerk’s office. FISCAL NOTE (MISC. #02129) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: JOHN F. NICHOLS LAW ENFORCEMENT COMPLEX MONUMENT 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 the County of Oakland will not be obligated to any financial concerns except for placement of the memorial, and therefore, no budget amendments are required. FINANCE COMMITTEE Action taken on July 18, 2002 Moved by Palmer supported by Douglas the resolution be adopted. Moved by Palmer supported by Douglas the Planning and Building Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Moved by Palmer supported by Amos the Finance Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Moved by Palmer supported by Douglas the resolution be amended to coincide with the recommendation in the Planning and Building Report. A sufficient majority having voted therefore, the motion carried. Moved by Palmer supported by Amos the resolution be amended to coincide with the recommendation in the Finance Committee Report. A sufficient majority having voted therefore, the motion carried. Commissioner Melton stated the Planning and Building Committee Report and the Finance Committee Report conflict and the resolution cannot coincide with the recommendation in both reports. Moved by Appel supported by Douglas the resolution be consistent with the recommendation in the Finance Committee Report. A sufficient majority having voted, therefore the motion carried. Commissioners Minutes Continued. August 8, 2002 371 Vote on resolution, as amended: AYES: Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Melton, Middleton, Moffitt, Moss, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel, Brian, Buckley. (24) NAYS: None. (0) A sufficient majority having voted therefore, the resolution, as amended, was adopted. Action taken on August 8, 2002 Moved by Douglas supported by Dingeldey that Resolution #02129 – John F. Nichols Law Enforcement Complex Monument – be reconsidered. Discussion followed. Vote on reconsideration: AYES: Melton, Middleton, Moffitt, Moss, Obrecht, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Garfield, Gregory, Law, McPherson. (23) NAYS: Palmer. (1) Moved by Douglas supported by Dingeldey the resolution be adopted. Moved by Douglas supported by Dingeldey the Planning and Building Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Moved by Douglas supported by Dingeldey the Finance Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Moved by Douglas supported by Dingeldey the resolution be amended to coincide with the recommendation in the Finance Committee Report to insert a last BE IT FURTHER RESOLVED paragraph as follows: BE IT FURTHER RESOLVED that any landscaping, insurance, lighting and other maintenance related expenses deemed necessary be paid by the County consistent with other memorials on County grounds. A sufficient majority having voted therefore, the motion carried. Vote on resolution as amended: AYES: Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Garfield, Gregory, Law, McPherson, Melton. (24) NAYS: None. (0) A sufficient majority having voted therefore, the resolution as amended, was adopted. Moved by Obrecht supported by Moss to suspend the rules by Waiver of Rule 12-A to consider immediate action relative to Miscellaneous Resolution #02186 – Board of Commissioners – Supporting Gubernatorial Veto Override and Miscellaneous Resolution #02187 – Board of Commissioners – Opposition to Three Proposals for Constitutional Amendments on the November 2002 General Election Ballot. Commissioners Minutes Continued. August 8, 2002 372 Vote on suspension: AYES: Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Garfield, Gregory, Law, McPherson, Melton, Middleton. (24) NAYS: None. (0) A sufficient majority having voted, therefore the rules were suspended and the resolutions were before the Board for immediate consideration. MISCELLANEOUS RESOLUTION #02186 BY: Commissioners Lawrence A. Obrecht, District #3, William R. Patterson, District #1, David N. Galloway, District #2, Thomas F. Middleton, District #4, Fran Amos, District #5, Brenda A. Causey- Mitchell, District #6, Tim W. Melton, District #7, Sue Ann Douglas, District #8, John P. Garfield, District #9, William Brian, District #10, Nancy Dingeldey, District #11, Shelley G. Taub, District #12, Thomas A. Law, District #13, David B. Buckley, District #14, Chuck Moss, District #15, Charles E. Palmer, District #16, Hugh Crawford, District #17, David L. Moffitt, District #18, Terry L. Sever, District #19, Vincent Gregory, District #20, Eric Coleman, District #21, Peter H. Webster, District #22, Michelle Friedman Appel, District #23, George W. Suarez, District #24, Ruel E. McPherson, District #25 IN RE: BOARD OF COMMISSIONERS – SUPPORTING GUBERNATORIAL VETO OVERRIDE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS county government provides law enforcement, judicial administration, public health, mental health and environmental services, many of which are required by law; and WHEREAS the state legislature has continued to adopt laws which increase the responsibilities and costs of counties in providing these services; and WHEREAS the state constitution requires the state to provide funding for these mandates; and WHEREAS state revenue sharing has been a historical source of funds provided in support of county's obligations to provide such required services; and WHEREAS the need for these services is continually greater than the amount of funds available to provide them; and WHEREAS on July 25, 2002 Governor John Engler vetoed ALL statutory state revenue sharing payments for fiscal year 2003; and WHEREAS the veto threatens the public safety, environment and quality of life for all of Michigan citizens. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby supports and demands the Michigan Legislature override the Governors veto and immediately restore this critical funding. BE IT FURTHER RESOLVED that copies of this adopted resolution be forwarded to the Governor of the State of Michigan, the Oakland County delegation to the state legislature, the Michigan Association of Counties, the Michigan Municipal League, the Michigan Township Association and Oakland County’s legislative lobbyists. Chairperson, we move the adoption of the foregoing Resolution. LAWRENCE A. OBRECHT, WILLIAM R. PATTERSON, DAVID N. GALLOWAY, THOMAS F. MIDDLETON, FRAN AMOS, BRENDA A. CAUSEY-MITCHELL, TIM W. MELTON, SUE ANN DOUGLAS, JOHN P. GARFIELD, WILLIAM BRIAN, NANCY DINGELDEY, SHELLEY G. TAUB, THOMAS A. LAW, DAVID B. BUCKLEY, CHUCK MOSS, CHARLES E. PALMER, HUGH CRAWFORD, DAVID L. MOFFITT, TERRY L. SEVER, VINCENT GREGORY, ERIC COLEMAN, PETER H. WEBSTER, MICHELLE FRIEDMAN APPEL, GEORGE W. SUAREZ, RUEL E. MCPHERSON Commissioners Minutes Continued. August 8, 2002 373 Moved by Obrecht supported by Suarez the resolution be adopted. Discussion followed. Vote on resolution: AYES: Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Garfield, Gregory, Law, McPherson, Melton, Middleton, Moffitt. (23) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. MISCELLANEOUS RESOLUTION #02187 BY: Commissioners Lawrence A. Obrecht, District #3, William R. Patterson, District #1, David N. Galloway, District #2, Thomas F. Middleton, District #4, Fran Amos, District #5, Sue Ann Douglas, District #8, John P. Garfield, District #9, William Brian, District #10, Nancy Dingeldey, District #11, Shelley G. Taub, District #12, Thomas A. Law, District #13, David B. Buckley, District #14, Chuck Moss, District #15, Charles E. Palmer, District #16, Hugh Crawford, District #17, David L. Moffitt, District #18, Terry L. Sever, District #19, Peter H. Webster, District #22 IN RE: BOARD OF COMMISSIONERS - OPPOSITION TO THREE PROPOSALS FOR CONSTITUTIONAL AMENDMENTS ON THE NOVEMBER 2002 GENERAL ELECTION BALLOT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS three initiatives have been undertaken to place proposals for constitutional amendments on the November 2002 General Election Ballot in the State of Michigan; and WHEREAS the three proposals: (1) shifting tobacco settlement revenues - now used mostly for a college scholarship program and the life sciences corridor project - to health care programs, (2) requiring compulsory binding arbitration for state employee labor disputes and (3) eliminating mandatory minimum drug sentences in favor of treatment for non-violent drug offenders; and WHEREAS on July 25, 2002, Governor John Engler vetoed all statutory state revenue sharing payments for fiscal year 2003, because these three proposals, if passed by the voters, would cost the state an estimated $800 million and jeopardize the state's budget; and WHEREAS all efforts must be made to avoid the $844 million reduction in revenue sharing to local governments that was presented in an effort to address the budget implications to the State of Michigan should voters approve the three constitutional amendments. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby indicate its opposition to the three ballot proposals for constitutional amendments on the November 2002 General Election Ballot in the State of Michigan relative to: shifting tobacco settlement revenues to health care programs, requiring binding arbitration for state employees and eliminating mandatory minimum drugs sentences in favor of treatment. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners urges the voters of Oakland County and the State of Michigan to vote in opposition to the three ballot proposals because of the devastating fiscal impact their adoption would have upon the state's budget and revenue sharing to local communities. BE IT FURTHER RESOLVED that copies of this adopted resolution be forwarded to the Governor of the State of Michigan, the Oakland County delegation to the state legislature, the Michigan Association of Counties, the Michigan Municipal League, the Michigan Township Association and Oakland County’s legislative lobbyists. Commissioners Minutes Continued. August 8, 2002 374 Chairperson, we move the adoption of the foregoing Resolution. LAWRENCE OBRECHT, WILLIAM R. PATTERSON, DAVID N. GALLOWAY, THOMAS F. MIDDLETON, FRAN AMOS, SUE ANN DOUGLAS, JOHN P. GARFIELD, WILLIAM BRIAN, NANCY DINGELDEY, SHELLEY TAUB, THOMAS A. LAW, DAVID B. BUCKLEY, CHUCK MOSS, CHARLES E. PALMER, HUGH CRAWFORD, DAVID L. MOFFITT, TERRY L. SEVER, PETER H. WEBSTER Moved by Obrecht supported by Middleton the resolution be adopted. Discussion followed. Moved by Melton supported by Coleman the resolution be referred to the General Government Committee. Discussion followed. Vote on motion to refer: AYES: Suarez, Appel, Causey-Mitchell, Coleman, Gregory, McPherson, Melton. (7) NAYS: Obrecht, Palmer, Patterson, Sever, Taub, Webster, Amos, Brian, Buckley, Crawford, Dingeldey, Douglas, Garfield, Law, Middleton, Moffitt, Moss. (17) A sufficient majority not having voted therefore, the motion failed. Discussion followed. Moved by McPherson supported by Causey-Mitchell the resolution be amended in the first WHEREAS paragraph to read as follows: WHEREAS three two initiatives have been undertaken to place proposals for constitutional amendments on the November 2002 General Election Ballot in the State of Michigan; and In the second WHEREAS paragraph to read as follows: WHEREAS the three proposals: (1) shifting tobacco settlement revenues - now used mostly for a college scholarship program and the life sciences corridor project - to health care programs, (2) requiring compulsory binding arbitration for state employee labor disputes and (3) (2) eliminating mandatory minimum drug sentences in favor of treatment for non-violent drug offenders; and In the third WHEREAS paragraph to read as follows: WHEREAS on July 25, 2002, Governor John Engler vetoed all statutory state revenue sharing payments for fiscal year 2003, because these three two proposals, if passed by the voters, would cost the state an estimated $800 million and jeopardize the state's budget; and Commissioners Minutes Continued. August 8, 2002 375 In the NOW THEREFORE BE IT RESOLVED paragraph to read as follows: NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby indicate its opposition to the three two ballot proposals for constitutional amendments on the November 2002 General Election Ballot in the State of Michigan relative to: shifting tobacco settlement revenues to health care programs, requiring binding arbitration for state employees and eliminating mandatory minimum drugs sentences in favor of treatment. In the first BE IT FURTHER RESOLVED paragraph to read as follows: BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners urges the voters of Oakland County and the State of Michigan to vote in opposition to the three two ballot proposals because of the devastating fiscal impact their adoption would have upon the state's budget and revenue sharing to local communities. Discussion followed. Vote on amendment: AYES: Sever, Suarez, Appel, Causey-Mitchell, Coleman, Gregory, McPherson, Melton. (8) NAYS: Palmer, Patterson, Taub, Webster, Amos, Brian, Buckley, Crawford, Dingeldey, Douglas, Garfield, Law, Middleton, Moffitt, Moss, Obrecht. (16) A sufficient majority not having voted, therefore the motion failed. Discussion followed. Vote on resolution: AYES: Patterson, Sever, Taub, Webster, Amos, Brian, Buckley, Crawford, Dingeldey, Douglas, Garfield, Law, Middleton, Moffitt, Moss, Obrecht, Palmer. (17) NAYS: Suarez, Appel, Causey-Mitchell, Coleman, Gregory, McPherson, Melton. (7) A sufficient majority having voted, therefore the resolution was adopted. MISCELLANEOUS RESOLUTION #02188 BY: Shelley G. Taub, District #12 IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE CHARTER TOWNSHIP OF BLOOMFIELD – FISCAL YEAR 2001 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, the Charter 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 the Charter Bloomfield Township is requesting reimbursement from the FY 2001 appropriation for expenses related to six projects affecting storm sewers, sanitary sewers, Rouge Watershed and the Franklin River stabilization project; and WHEREAS the FY 2001 authorized amount of funding for the Charter Township of Bloomfield is $256,426.90 from the Environmental Infrastructure Fund as repayment to the Charter 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 the Charter Township of Bloomfield as eligible for reimbursement from the Environmental Infrastructure Fund. BE IT FURTHER RESOLVED that the Board authorizes the FY 2001 appropriation in the amount of $256,426.90 from the Environmental Infrastructure Fund (Account #90-263203-41000-3985) to repay the Charter Township of Bloomfield for expenses incurred in connection with environmental remediation or improvement projects, once proper invoices are presented. Commissioners Minutes Continued. August 8, 2002 376 Chairperson, I move the adoption of the foregoing resolution. SHELLEY TAUB Copy of letter from Dave Payne, Bloomfield Township Supervisor to Mr. Tim Sloave, Manager, Fiscal Services, Environmental Infrastructure Fund, and Charter Township of Bloomfield Resolution Authorizing Environmental Infrastructure Fund Expense Reimbursement Request on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. In accordance with Rule XII.G, the Chairperson made the following referrals: FINANCE COMMITTEE a. Letter from 52-1 District Court, July 19, 2002 Re: Requesting an additional Assistant Prosecuting Attorney for 52-2 District Court. b. Letter from West Bloomfield Township, June 3, 2002 Re: Opposing cuts to Tri-Party funding. c. Letter from Oxford Senior Citizens, August 1, 2002 Re: Senior Citizen Coordinator position. GENERAL GOVERNMENT COMMITTEE a. Letter from West Bloomfield Township, June 3, 2002 Re: Opposing cuts to Tri-Party funding b. Resolution from St. Joseph County, July 16, 2002 Re: Supporting the Pledge of Allegiance in its current form c. Resolution from Macomb County Re: Urging the Senate to Support House Bill 4017 to maintain the Pledge of Allegiance in its current form d. Resolution from Macomb County Re: Urging the Ninth Circuit Court of Appeals to Reconsider Holding the Pledge of Allegiance Unconstitutional e. Resolution from Barry County, July 23, 2002 Re: Supporting the Pledge of Allegiance in its current form PERSONNEL COMMITTEE a. Letter from 52-1 District Court, July 19, 2002 Re: Requesting an additional Assistant Prosecuting Attorney for 52-2 District Court b. Letter from Oxford Senior Citizens, August 1, 2002 Re: Senior Citizen Coordinator position PLANNING AND BUILDING COMMITTEE a. Resolution from City of Ferndale, July 8, 2002 Re: Chapter 20 Drainage Districts b. July 24, 2002, Letter from Michigan Department of Corrections Re: Final Inspection Report, dated May 3, 2002 of the Oakland County Jail There were no objections to the referrals. The Board adjourned at 11:23 a.m. to the call of the Chair or August 22, 2002, at 9:30 a.m. FRANK H. MILLARD, JR. THOMAS A.LAW Deputy Clerk Chairperson