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Home My WebLink AboutMinutes - 2002.08.22 - 8311377 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES August 22, 2002 Meeting called to order by Chairperson Thomas Law at 9:54 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, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster. (25) ABSENT: None. (0) Quorum present. Invocation given by Shelley Taub. Pledge of Allegiance to the Flag. Moved by Sever supported by Garfield the minutes of the August 8, 2002, Board Meeting be approved. A sufficient majority having voted therefore, the minutes were approved as printed. Moved by Sever supported by Appel the rules be suspended and the agenda be amended, as follows: ITEMS NOT ON BOARD AGENDA: GENERAL GOVERNMENT COMMITTEE g. Board of Commissioners – Confirmation of County Executive’s Appointments to the Metropolitan Arts and Culture Council. PUBLIC SERVICES COMMITTEE a. Prosecuting Attorney – Fiscal Year 2003 Victim Rights Funding for Victim Services Acceptance. b. Circuit Court – Family Division Oakland County Child Care Fund Budget 2002-2003. (Reason for suspension of General Government Committee, item g, and Public Services Committee, items a and b: Waiver of Rule III – meeting held immediately prior to the Board meeting.) Vote on agenda, as amended: AYES: Amos, Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Melton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster. (24) NAYS: None. (0) A sufficient majority having voted therefore, the motion to suspend the rules and amend the agenda carried. Commissioners Minutes Continued. August 22, 2002 378 The County Clerk G. William Caddell read the following communication from Senate Minority Leader John D. Cherry, Jr. regarding Governor Engler’s veto of statutory state revenue sharing payments. The Chairperson made the following statement, “A Public Hearing is now called on the Planning and Economic Development Services Division Resolution Approving Project Plan (M.C. Carbide Tool Co. Project) – Charter Township of Lyon. Are there any persons present who wish to speak?” No persons requested to speak and the Chairperson declared the Public Hearing closed. The following people addressed the board: Lidiya Phillips, Dr. Linda Schoonover and Allan Meltzer. Commissioner Ruel McPherson introduced David Coulter, Democratic Nominee for County Commissioner District 25. Chairperson Thomas Law read the following communication from Oakland County Childrens Village regarding invitation to Annual Summer Fest. Moved by Crawford supported by Palmer the resolutions on the Consent Agenda, be adopted. (The vote for this motion appears on page 387.) The resolutions on the Consent Agenda follow (annotated by an asterisk {*}): *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. Chairperson, I move the adoption of the foregoing resolution. SHELLEY TAUB Copy of letter from Dave Payne, Bloomfield Township Supervisor, Environmental Infrastructure Fund, and Charter Township of Bloomfield Resolution Authorizing Environmental Infrastructure Fund Expense Reimbursement Request on file in County Clerk’s office. Commissioners Minutes Continued. August 22, 2002 379 FISCAL NOTE (MISC. #02188) BY: Finance Committee, Sue Ann Douglas, Chairperson 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: Pursuant to Rule XII-C of this Board, the Finance Committee, has reviewed the above referenced resolution and finds: 1. Funding of $256,426.90 is available in the Environmental Infrastructure Fund for Fiscal Year 2001, to reimburse the Charter Township of Bloomfield for this project; no additional appropriation is required. 2. The Committee recommends adoption of the resolution. FINANCE COMMITTEE (The vote for this motion appears on page 387.) *MISCELLANEOUS RESOLUTION #02189 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 AUBURN HILLS, CITY OF BERKLEY, CITY OF BLOOMFIELD HILLS, CITY OF BIRMINGHAM, CITY OF FERNDALE, CITY OF HAZEL PARK, CITY OF HUNTINGTON WOODS, CITY OF KEEGO HARBOR, CITY OF PLEASANT RIDGE, CHARTER TOWNSHIP OF HIGHLAND, CHARTER TOWNSHIP OF LYON, CHARTER TOWNSHIP OF OAKLAND, AND THE CHARTER TOWNSHIP OF OXFORD 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 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 Auburn Hills, for personal property 2. City of Berkley, for real and personal property 3. City of Birmingham, for personal property and file maintenance of real property 4. City of Bloomfield Hills, for real and personal property 5. City of Ferndale, for file maintenance of real property 6. City of Hazel Park, for real and personal property 7. City of Huntington Woods, for real and personal property 8. City of Keego Harbor, for real and personal property 9. City of Pleasant Ridge, for real and personal property 10. Charter Township of Highland, for personal property 11. Charter Township of Lyon, for real and personal property 12. Charter Township of Oakland, for real and personal property 13. Charter Township of Oxford, for real and 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 as required by law. Chairperson, on behalf of the Finance Committee, I move for the adoption of the foregoing resolution. FINANCE COMMITTEE Commissioners Minutes Continued. August 22, 2002 380 (The vote for this motion appears on page 387.) *MISCELLANEOUS RESOLUTION #02190 BY: General Government Committee, William R. Patterson, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – LINK MICHIGAN PLANNING GRANT – GRANT APPLICATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Economic Development Corporation (MEDC) requires an authorizing resolution for applications submitted under MEDC’s Link Michigan Regional Telecommunications Planning Grants program; and WHEREAS the Department of Information Technology is making application under this grant program for a Broadband Infrastructure Development Planning project; and WHEREAS the Department of Technology is requesting $75, 000 from the MEDC with a local match of $25,000 from identified sources; and WHEREAS it is understood none of these funds will be expended prior to the execution of the grant agreement; and WHEREAS the grant application has been processed through the County Executive Contract Review Process and the Board of Commissioners’ Grant Procedures; and WHEREAS if the application is funded by the MEDC, the grant agreement will be submitted back to the Board of Commissioners for grant acceptance and grant agreement execution by Thomas Law, Chairperson, Oakland County Board of Commissioners, pursuant to the Board of Commissioners’ Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Department of Information Technology to submit the Broadband Infrastructure Development Planning grant application to the Michigan Economic Development Corporation under their Link Michigan Regional Telecommunications Planning grant program. Chairperson, on behalf of the Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Report from Fiscal Services and Contract Review – Information Technology on file in County Clerk’s office. (The vote for this motion appears on page 387.) *MISCELLANEOUS RESOLUTION #02191 BY: General Government Committee, William R. Patterson, Chairperson IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION - REACH OUT AND READ PROGRAM GRANT CONTINUATION ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS continuation funding is available in the form of vouchers to be redeemed for children’s books from Reach Out and Read for the purpose of implementing literacy promotion in the Child Health Clinics (CHC); and WHEREAS continuation funding in the form of vouchers has been approved in the amount of $1,000 to obtain books that will be given to children as a part of every Child Health Clinics (CHC) visit from six months to five years of age, to be redeemed for children’s books from Reach Out and Read for the purpose of implementing literacy promotion; and WHEREAS the Oakland County Health Division will partner with community agencies to distribute the books obtained under this program; and WHEREAS no additional personnel are being requested; and WHEREAS acceptance of this grant does not obligate the County to any future commitment; and WHEREAS the grant agreement has been submitted to the County Executive’s Contract Review Process and been approved. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby accepts funds for the Reach Out and Read Grant in the amount of $1,000. Commissioners Minutes Continued. August 22, 2002 381 BE IT FURTHER RESOLVED that services associated with this program be contingent upon continued grant funding at a level sufficient to maintain the program. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Department of Human Services Health Division Grant Acceptance – Reach Out and Read Program, and Contract Review – Health Division on file in County Clerk’s office. FISCAL NOTE (MISC. #02191) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION – REACH OUT AND READ PROGRAM GRANT CONTINUATION 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 Reach Out and Read National Center has made available continuation funding in the amount of $1,000, in the form of vouchers, to the Oakland County Health Division in an effort to promote literacy in the Health Division’s Child Health Clinics. 2. The grant funding period extends from October 1, 2001 through September 30, 2002. 3. Acceptance of this grant does not obligate the County to any future commitment. 4. Due to the credit nature of this grant, (i.e., proceeds are in a voucher form), no budget amendment is recommended. FINANCE COMMITTEE (The vote for this motion appears on page 387.) *MISCELLANEOUS RESOLUTION #02192 BY: General Government Committee, William R. Patterson, Chairperson IN RE: PARKS AND RECREATION COMMISSION - ELLIS BARN PROJECT GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Parks and Recreation Commission has identified the acquisition of a working/historical farm as an objective in its current strategic plan; and WHEREAS RBI 33, LLC, owners of the historic Ellis barn in Springfield Township, have committed themselves to preserving the barn by donating it to another agency; and WHEREAS the Oakland County Parks and Recreation Commission, at its July 10, 2002, regular meeting, accepted RBI 33, LLC’s request to approve Springfield Oaks County Park as the site for the relocation of the barn; and WHEREAS a number of public and private sources have contributed $150,000 toward the cost of the project; and WHEREAS the Oakland County Parks and Recreation Commission has included the Ellis Barn Relocation Project and Ellis Barn Site Development Project in its 2002 Capital Improvement Projects Budget; and WHEREAS the Parks and Recreation Commission has been notified that it is the recipient of a $600,000 Michigan Department of Transportation (MDOT) Transportation Enhancement Program (TEP) grant, applied for through the Road Commission for Oakland County, for the purpose of relocating the Ellis Barn to Springfield Oaks County Park; and WHEREAS the Parks and Recreation Commission has accepted the $600,000 TEP grant for funding the Ellis Barn Relocation Project at its July 10, 2002, regular meeting. Commissioners Minutes Continued. August 22, 2002 382 NOW THEREFORE BE RESOLVED that the Oakland County Board of Commissioners approves the acceptance of the $600,000 TEP grant for funding the Ellis Barn Relocation Project to Springfield Oaks County Park. GENERAL GOVERNMENT COMMITTEE Copy of Contract Review – Parks and Recreation and Report from Oakland County Parks and Recreation Commission on file in County Clerk’s office. FISCAL NOTE (MISC. #02192) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: PARKS AND RECREATION COMMISSION – ELLIS BARN PROJECT 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. Oakland County has been notified that it is the recipient of $600,000 Transportation Enhancement Program (TEP) of MDOT grant through the Oakland County Road Commission for the purpose of relocating the Ellis Barn to Springfield Oaks County Park. 2. The purpose of the grant is to relocate the Ellis Barn to Springfield Oaks County Park which meets program and storage needs of the master plan for the site. 3. RBI 33, LLC owners of the historic Ellis has committed themselves to preserving the barn by donating it to Oakland County Parks and Recreation. 4. The Oakland Parks and Recreation Commission has included the Ellis Barn Relocation Project and Ellis Barn Site Development Project in its 2002 Capital Improvement Projects Budget. 5. The Oakland County 4-H Fair Association has agreed to establish an endowment fund to offset maintenance and operation costs for the barn. 6. The total amount of the project is $750,000. 7. Oakland County Parks and Recreation Commission has approved funding from TEP grant in the amount of $600,000. A grant match of $150,000 is required within the grant guidelines from the Road Commission of Oakland County under the TEP program. However, Public and private sources have contributed $150,000 toward the cost of the project for the grant match. 8. The public and private sources which have committed to providing the necessary funding for the grant match are as follows: RBI 33 LLC owners have pledged the cost of dismantling and relocating the Ellis barn to another site; Oakland Parks and Recreation Commission have committed for site preparation and landscaping; Springfield Township, Ms Ellis and Clarkston State Bank will provide for the remaining funds for the match. 9. Although the grant match required is $150,000, the total contributions from these sources are anticipated to be greater by $6,500: RBI-33 LLC (Developer) $ 75,000 O.C. Parks & Recreation Commission $ 50,000 Springfield Township $ 20,000 Ms. Ellis $ 11,000 Clarkston State Bank $ 500 Total $156,500 10. No General Fund match is required. FINANCE COMMITTEE (The vote for this motion appears on page 387.) Commissioners Minutes Continued. August 22, 2002 383 *MISCELLANEOUS RESOLUTION #02193 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION APPROVING PROJECT PLAN (M. C. CARBIDE TOOL CO. PROJECT) - CHARTER TOWNSHIP OF LYON 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 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 the Charter Township of Lyon, 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 M.C. Carbide Tool Co. Project Plan, Exhibit A – Project Area Legal Description, Exhibit B, Exhibit A – Summary of Terms and Conditions, and Exhibits C and D on file in County Clerk’s office. (The vote for this motion appears on page 387.) *MISCELLANEOUS RESOLUTION #02194 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION APPROVING PROJECT AREA AND PROJECT DISTRICT AREA (OAKLAND LIVINGSTON HUMAN SERVICE AGENCY PROJECT) - CITY OF PONTIAC To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS there exists in the County of Oakland the need for projects to alleviate and prevent conditions of unemployment, to assist and retain local industrial and commercial enterprises in order to strengthen and revitalize the County's economy and to encourage the location and expansion of such enterprises to provide needed services and facilities to the County and its residents; and WHEREAS the Economic Development Corporations Act, Act No. 338 of the Michigan Public Acts of 1974, as amended (the "Act") provides a means for the encouragement of such projects in this County through the County's Economic Development Corporation (the "EDC"); and WHEREAS the EDC has commenced proceedings under the Act for the benefit of such a project (Oakland Livingston Human Service Agency Project) and has designated to this Board of Commissioners a Project Area and Project District Area for its approval. NOW THEREFORE BE IT RESOLVED that the Project Area as designated by the EDC to this Board is hereby certified as approved. Commissioners Minutes Continued. August 22, 2002 384 BE IT FURTHER RESOLVED that it having been determined that the territory surrounding said designated Project Area will not be significantly affected by the Project because the surrounding territory is devoted to commercial/industrial uses, a Project District Area having the same description as and boundaries coterminous with the Project Area herein certified as approved be hereby established. BE IT FURTHER RESOLVED that it having been determined that there are less than eighteen residents, real property owners, or representatives of establishments located within the Project District Area, a Project Citizens District Council shall not be formed pursuant to Section 20(b) of the Act. BE IT FURTHER RESOLVED that the County Clerk is hereby directed to provide four certified copies of this resolution to the 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 Oakland Livingston Human Service Agency City of Pontiac EDC No. 02-06 on file in County Clerk’s office. (The vote for this motion appears on page 387.) *MISCELLANEOUS RESOLUTION #02195 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION CONFIRMING APPOINTMENT OF ADDITIONAL EDC DIRECTORS (OAKLAND LIVINGSTON HUMAN SERVICE AGENCY PROJECT) - CITY OF PONTIAC To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS this Board of Commissioners has received a resolution from the Board of Directors of The Economic Development Corporation of the County of Oakland designating a Project Area and Project District Area for a project (Oakland Livingston Human Service Agency Project) under the Economic Development Corporations Act, Act No. 338 of the Michigan Public Acts of 1974, as amended (the "Act"); and WHEREAS it is necessary to confirm the appointment by the County Executive of the County of Oakland of two additional directors to the Board of said Economic Development Corporation in connection with said Project, in accordance with Section 4 (2) of the Act. NOW THEREFORE BE IT RESOLVED that the appointments of Rayfus Jones and Mattie Lasseign, who are representative of neighborhood residents and business interests likely to be affected by said Project, to the Board of Directors of The Economic Development Corporation of the County of Oakland are hereby confirmed in accordance with Section 4 (2) of the Act, and such additional Directors shall cease to serve when the Project is either abandoned or, if undertaken, is completed in accordance with the Project Plan. BE IT FURTHER RESOLVED that all resolutions or parts thereof in conflict with this resolution are hereby repealed, but only to the extent of such conflict. 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 Economic Development Corporation. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE (The vote for this motion appears on page 387.) Commissioners Minutes Continued. August 22, 2002 385 *MISCELLANEOUS RESOLUTION #02196 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION APPROVING PROJECT AREA AND PROJECT DISTRICT AREA (A&M LABEL PROJECT) - CHARTER TOWNSHIP OF LYON To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS there exists in the County of Oakland the need for projects to alleviate and prevent conditions of unemployment, to assist and retain local industrial and commercial enterprises in order to strengthen and revitalize the County's economy and to encourage the location and expansion of such enterprises to provide needed services and facilities to the County and its residents; and WHEREAS the Economic Development Corporations Act, Act No. 338 of the Michigan Public Acts of 1974, as amended (the "Act") provides a means for the encouragement of such projects in this County through the County's Economic Development Corporation (the "EDC"); and WHEREAS the EDC has commenced proceedings under the Act for the benefit of such a project (A&M Label Project) and has designated to this Board of Commissioners a Project Area and Project District Area for its approval. NOW THEREFORE BE IT RESOLVED that the Project Area as designated by the EDC to this Board is hereby certified as approved. BE IT FURTHER RESOLVED that it having been determined that the territory surrounding said designated Project Area will not be significantly affected by the Project because the surrounding territory is devoted to commercial/industrial uses, a Project District Area having the same description as and boundaries coterminous with the Project Area herein certified as approved be hereby established. BE IT FURTHER RESOLVED that it having been determined that there are less than eighteen residents, real property owners, or representatives of establishments located within the Project District Area, a Project Citizens District Council shall not be formed pursuant to Section 20 (b) of the Act. BE IT FURTHER RESOLVED that the County Clerk is hereby directed to provide four certified copies of this resolution to the 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 A&M Label Township of Lyon EDC No. 02-07 on file in County Clerk’s office. (The vote for this motion appears on page 387.) *MISCELLANEOUS RESOLUTION #02197 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION CONFIRMING APPOINTMENT OF ADDITIONAL EDC DIRECTORS (A&M LABEL PROJECT) – CHARTER TOWNSHIP OF LYON To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS this Board of Commissioners has received a resolution from the Board of Directors of The Economic Development Corporation of the County of Oakland designating a Project Area and Project District Area for a project (A&M Label Project) under the Economic Development Corporations Act, Act No. 338 of the Michigan Public Acts of 1974, as amended (the “Act”); and WHEREAS it is necessary to confirm the appointment by the County Executive of the County of Oakland of two additional directors to the Board of said Economic Development Corporation in connection with said Project, in accordance with Section 4 (2) of the Act. NOW THEREFORE BE IT RESOLVED that the appointments of Pamela Johnson and Joseph Shigley, who are representative of neighborhood residents and business interests likely to be affected by said Project, to the Board of Directors of The Economic Development Corporation of the County of Oakland are hereby confirmed in accordance with Section 4 (2) of the Act, and such additional Directors shall cease to serve when the Project is either abandoned or, if undertaken, is completed in accordance with the Project Plan therefore. Commissioners Minutes Continued. August 22, 2002 386 BE IT FURTHER RESOLVED that all resolutions or parts thereof in conflict with this resolution are hereby repealed, but only to the extent of such conflict. 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 Economic Development Corporation. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE (The vote for this motion appears on page 387.) *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. 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 Copy of Grant of Storm Sewer Easement, Attachment A, and Exhibit C on file in County Clerk’s office. FISCAL NOTE (MISC. #02182) BY: Finance Committee, Sue Ann Douglas, 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: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: Commissioners Minutes Continued. August 22, 2002 387 1. The resolution accepts and approves the granting of a permanent easement to North Orchard Plaza, LLC for the construction, installation, operation, maintenance, replacement and removal of a storm sewer over a portion of Glen Oaks County Park. 2. Compensation in the amount of $10,000 for the granting of the easement will be paid to the Oakland County Parks and Recreation Department, designated for the improvement of Glen Oaks County Park, and will be receipted in the Parks and Recreation Fund. 3. No General Fund/General Purpose amendment is required. FINANCE COMMITTEE Vote on resolutions on the Consent Agenda: AYES: Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Douglas, Garfield, Gregory, Law, McPherson, Melton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos. (22) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda, were adopted. MISCELLANEOUS RESOLUTION #02198 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - 52-3 DISTRICT COURT/SHERIFF’S SUBSTATION PROJECT - SHERIFF’S SUBSTATION SUBLEASE AGREEMENT WITH CITY OF ROCHESTER HILLS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution #01182 authorized the extension of its superior credit rating, AAA bond rating, to local units of government throughout Oakland County; and WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution #01165 approved the sale of bonds to finance the 52-3 District Court and Sheriff’s Substation project in an amount not to exceed $23,300,000; and WHEREAS $18,100,000 in bonds were sold for the 52-3 District Court and $5,200,000 in bonds were sold for the Sheriff’s Substation, for a total of $23,300,000; and WHEREAS the City of Rochester Hills, Michigan, has agreed to the addition of the Sheriff’s Substation to the project; and WHEREAS the repayment of bonds for the Sheriff’s Substation will be the responsibility of the City of Rochester Hills along with annual maintenance and operational expenses; and WHEREAS Miscellaneous Resolution #01308 authorized the awarding of a contract for architectural/engineering services for the 52-3 District Court Project to French Associates, Inc., of Rochester, Michigan with the recognition that the architectural/engineering fees to French Associates, Inc. would be increased by approximately $275,200 if the Sheriff’s Substation were added to the project; and WHEREAS Miscellaneous Resolution #01308 authorized the awarding of a contract for construction management services for the 52-3 District Court Project to the George W. Auch Company of Pontiac, Michigan, with the recognition that the construction management fees to the George W. Auch Company would be increased by approximately $192,000 if the Sheriff’s Substation were added to the project; and WHEREAS since the property on which the Sheriff’s Substation will be built is owned by Oakland County and construction project is through the Oakland County Building Authority, it is required that the City of Rochester Hills enter into a Sublease with the County; and WHEREAS the Sublease calls for the lease payments to be sufficient to enable the County to meet its principal and interest payments on the bonds as such principal and interest payments become due; and WHEREAS upon the retirement of the bonds, the City of Rochester Hills will take ownership of the Substation and the associated 2.19 acres of property; and WHEREAS the Rochester Hills City Council approved a resolution on June 5, 2002 to enter into a Sublease and a Construction Administration Agreement with the County; and WHEREAS the City of Rochester Hills signed the Sublease and Construction Agreement on July 16, 2002. Commissioners Minutes Continued. August 22, 2002 388 NOW THERFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the attached Sublease Agreement between the City of Rochester Hills and the County of Oakland for the Sheriff’s Substation. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the attached Construction Administration Agreement between the City of Rochester Hills and the County of Oakland for the Sheriff’s Substation. BE IT FURTHER RESOLVED that the Board of Commissioners authorizes an award of an additional $275,200 to French Associates, Inc. of Rochester Hills, Michigan for architectural/engineering services for the Sheriff’s Substation portion of the project. BE IT FURTHER RESOLVED that the Board of Commissioners authorizes an award of an additional $192,000 to the George W. Auch Company of Pontiac, Michigan for construction management services for the Sheriff’s Substation portion of the project. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is hereby authorized and directed to execute the Sublease and Construction Administration Agreement with the City of Rochester Hills, Michigan, on behalf of the County of Oakland. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE Copy of 52-3 District Court/Sheriff’s Substation Project City of Rochester Hills Sublease and Construction Administration Agreement, Rochester Hills City Council Resolution, Appendix A, B, C and D on file in County Clerk’s office. REPORT (MISC. #02198) BY: Planning and Building Committee, Charles Palmer, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - 52-3 DISTRICT COURT/SHERIFF'S SUBSTATION PROJECT – SHERIFF’S SUBSTATION SUBLEASE AGREEMENT WITH CITY OF ROCHESTER HILLS To the Oakland County Finance Committee Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the Sublease and Construction Administration Agreement for the above referenced project on August 13, 2002, reports with the recommendation these agreements be approved: 1. Sublease between the County and the City of Rochester Hills. 2. Construction Administration Agreement between the County and the City of Rochester Hills. 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 Garfield the resolution be adopted. Moved by Douglas supported by Palmer the Planning and Building Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Vote on resolution: AYES: Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Melton, 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. Commissioners Minutes Continued. August 22, 2002 389 MISCELLANEOUS RESOLUTION #02199 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT/FACILITIES ENGINEERING – ARCHITECT/ENGINEER AND CONSTRUCTION MANAGER CONTRACTS FOR OFFICE BUILDING RENOVATION PROJECT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution #00121 approved the purchase of the 105,358 square foot office building located at 2100 Pontiac Lake Road, Waterford, Michigan in July 2000; and WHEREAS the FY 2002 Capital Improvement Program identifies the Office Building Renovation Project, which will renovate the currently known Oakland Schools Administration Building; and WHEREAS on February 26, 2002 the Planning and Building Committee authorized Facilities Management to receive proposals from architect/engineers and construction managers to provide design and renovation services for the project; and WHEREAS on April 23, 2002 a Selection Committee was established and approved by the Planning and Building Committee to review and evaluate proposals and return with recommendations to award professional services contracts; and WHEREAS on June 4, 2002 the Selection Committee, assisted by Corporation Counsel, recommended the Planning and Building Committee authorize Facilities Management to negotiate contracts with Neumann Smith & Associates of Southfield, Michigan for architectural/engineering services and with Walbridge Aldinger of Detroit, Michigan for construction manager services for the project; and WHEREAS negotiations have been concluded with both firms; and WHEREAS Facilities Management recommends the County enter into a contract for architectural/engineering services for the Office Building Renovation Project with Neumann Smith & Associates of Southfield, Michigan in the amount of $653,500 plus reimbursable expenses estimated at $30,000, for a total of $683,500; and WHEREAS Facilities Management recommends the County enter into a contract for construction management services for the Office Building Renovation Project with Walbridge Aldinger of Detroit, Michigan in the amount of $693,584; and WHEREAS the Office Building Renovation Project is expected to be funded through bond proceeds issued by the Oakland County Building Authority; and WHEREAS project design costs of approximately $800,000 are expected to be incurred prior to the availability of bond proceeds; and WHEREAS funding for these project design costs is initially available in the Capital Improvement Program/Building Fund, which will later be reimbursed from bond proceeds. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes an award of contract for architectural/engineering services for the Office Building Renovation Project to Neumann Smith & Associates of Southfield, Michigan in the amount of $653,500 plus reimbursable expenses of $30,000, for a total of $683,500. BE IT FURTHER RESOLVED that the Board of Commissioners authorizes an award of contract for construction management services for the Office Building Renovation Project to Walbridge Aldinger of Detroit, Michigan in the amount of $693,584. BE IT FURTHER RESOLVED that the Board of Commissioners authorizes an advance of funding in the amount of $800,000 for project design costs from the Capital Improvement Program/Building Fund (#401) to the Project Work Order Fund (#404) for the Office Building Renovation Project. BE IT FURTHER RESOLVED that the Capital Improvement Program/Building Fund (#401) will be reimbursed for these project design costs from bond proceeds. BE IT FURTHER RESOLVED that an inter-fund advance be established as follows: Building Improvement Fund #401 3-14-210006-10000-1401 Advance Receivable ($800,000) Project Work Order Fund #404 3-14-310007-80293-3401 Advance Payable 800,000 $ -0- Commissioners Minutes Continued. August 22, 2002 390 BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is hereby authorized and directed to execute contracts with Neumann Smith & Associates of Southfield, Michigan and Walbridge Aldinger of Detroit, Michigan on behalf of the County of Oakland. BE IT FURTHER RESOLVED that the Department of Facilities Management, Facilities Engineering shall notify the selected vendors of this award, in writing, no later than ten (10) days after adoption of this resolution. The award will not be effective until the selected vendors have been notified. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE REPORT (MISC. #02199) BY: Planning and Building Committee, Charles Palmer, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT/FACILITIES ENGINEERING ARCHITECT/ENGINEER AND CONSTRUCTION MANAGER CONTRACTS FOR OFFICE BUILDING RENOVATION PROJECT To the Oakland County Finance Committee Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the contract agreements for architect/engineer services and construction management services for the above referenced project on August 13, 2002, reports with the recommendation that contracts be awarded to: 1. Neumann/Smith & Associates of Southfield, Michigan for architect/engineering services in the amount of $653,500.00 plus estimated reimbursable costs at $30,000.00 for a total of $683,500.00 2. Walbridge Aldinger of Detroit, Michigan for construction management services in the amount of $693,584.00 including reimburseables. In addition, it is recommended the project be provided with temporary funding from the Capital Improvement Program in the amount of $800,000 for project costs incurred prior to the availability of bond proceeds. Chairperson, on behalf of the Planning and Building Committee, I submit the foregoing report. PLANNING AND BUILDING COMMITTEE Moved by Douglas supported by Amos the resolution be adopted. Moved by Douglas supported by Amos the Planning and Building Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Vote on resolution: AYES: Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Melton, 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. REPORT (MISC. #02176) BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR THE MICHIGAN NEXT ENERGY AUTHORITY ACT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed Miscellaneous Resolution #02176 on August 13, 2002, recommends the resolution be adopted. Chairperson, on behalf of the Planning and Building Committee, I move the acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE Commissioners Minutes Continued. August 22, 2002 391 REPORT (MISC. #02176) BY: General Government Committee, William Patterson, Chairperson IN RE: MISCELLANEOUS RESOLUTION #02176 – BOARD OF COMMISSIONERS – SUPPORT FOR THE MICHIGAN NEXT ENERGY AUTHORITY ACT 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 #02176 BY: Peter H. Webster, District #22 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR THE MICHIGAN NEXT ENERGY AUTHORITY ACT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the demand for energy is high and the proven fossil fuel resources are finite and dwindling; and WHEREAS there is a great need to research, develop, test and manufacture alternative sources of energy and technologies to meet the world's energy needs in the 21st century; and WHEREAS "alternative energy" generally refers to sources of energy that are not petroleum based, including photovoltaics (solar energy), wind and water energy, methanol and ethanol, and others; and WHEREAS "fuel cells" are considered to be a very clean and extremely attractive option for meeting future energy needs. "Fuel cells" are an energy conversion device that uses fuel and oxygen to produce electricity, water and heat. When pure hydrogen is used as the fuel, water and heat are the only byproducts; and WHEREAS making use of alternative energies often requires the modification of existing technologies or development of new technologies that are compatible with the alternative energy source; and WHEREAS it has been suggested that Michigan's historic prominence as the hub of automobile manufacturing in the United States will be at risk, costing over 200,000 jobs, unless the State of Michigan becomes a focal point for work on alternative energy systems and technologies; and WHEREAS in Governor Engler's 2002 State of the State Address, he presented that Michigan must become a leader in promoting alternative energy systems and technologies and fuel cells in particular; and WHEREAS legislation has been introduced to position Michigan as the center of research, development, manufacturing, and commercialization of alternative energy systems and technologies, including: House Bills 6070, 6071, 6073, 6074, 6075, 6076 and Senate Bill 1316; and WHEREAS components of the Next Energy legislative proposes to create the Michigan Next Energy Authority Act to establish the Michigan Next Energy Authority as a public body within the Department of Management and Budget, which will: • Oversee an alternative energy technology park and an alternative energy zone on land that received Renaissance Zone status. • Create and operate a center to manage and develop a master plan for land located within the alternative energy zone, and to exercise other duties. • Finance and aid in the construction of alternative energy technology businesses and infrastructures located within the zone and park. • Acquire, construct, and improve an alternative energy technology project, including land, buildings, equipment, and various types of facilities for alternative energy technology. • Issue bonds and notes • Deposit any money that is received from the sale, transfer, or lease of property under the act into a new Alternative Energy Technology Fund. Commissioners Minutes Continued. August 22, 2002 392 WHEREAS the proposed initiatives of the Next Energy legislation include: • Obtaining a commitment from the federal government to establish a federal research facility within the Next Energy Center. • Providing incentives and tax credits to alternative energy technology companies that locate within Michigan. • Appointing a Michigan Next Energy Leadership Council. • Marketing Michigan as the location for the alternative energy technologies industry. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners support the concept of establishing a Next Energy Center within the State of Michigan to promote and increase the research, development, and manufacturing of alternative energy technologies. 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 and Oakland County’s legislative lobbyists. Chairperson, we move the adoption of the foregoing Resolution. PETER H. WEBSTER, CHUCK MOSS, SHELLEY TAUB, JOHN P. GARFIELD Moved by Patterson supported by Webster the resolution be adopted. Moved by Patterson supported by Webster the Planning and Building Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. 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: Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Melton, 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. MISCELLANEOUS RESOLUTION #02200 BY: General Government Committee, William R. Patterson, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – THIRD QUARTER 2002 DEVELOPMENT APPROPRIATION TRANSFER To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS all data processing development cost is incorporated as a single appropriation within the non- departmental budget and then an amount equal to the actual expense is transferred to the user department with a summary report to the Finance Committee; and WHEREAS the Department of Information Technology has determined the third Quarter 2002 data processing development charges to be $1,389,527.60 and the imaging development charge to be $22,568.00 for the General Fund/General Purpose County departments; and WHEREAS direct charges to Special Revenue and Proprietary fund departments are $143,807.30 and non-county agencies are $0 for the Third Quarter 2002; and WHEREAS an appropriation transfer to General Fund/General Purpose County departments is needed to fund these development charges. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners has reviewed the Third Quarter 2002 Data Processing Development Report and approves the Third Quarter appropriation transfer as specified on the attached schedule. Commissioners Minutes Continued. August 22, 2002 393 Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Information Technology Data Processing Development Summary Third Quarter 2002 on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. REPORT BY: General Government Committee, William R. Patterson, Chairperson IN RE: BOARD OF COMMISSIONERS - APPOINTMENT TO THE WELL PROTECTION AND EDUCATION POLICY ADVISORY COMMITTEE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having met on August 12, 2002,recommends that Otho Corsaut III be appointed to the Well Protection and Education Policy Advisory Committee for a 3-year term ending September 24, 2005. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Copy of Oakland County Board of Commissioners Application Form for Appointment to Boards, Committees and Commissions on file in County Clerk’s office. Moved by Patterson supported by McPherson the General Government Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Discussion followed. Moved by Patterson supported by Moss the appointment of Otho Corsaut III to the Well Protection and Education Policy Advisory Committee for a 3 year term ending September 24, 2005 be confirmed. Vote on appointment: AYES: Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Melton, 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 appointment of Otho Corsaut III to the Well Protection and Education Policy Advisory Committee for a 3 year term ending September 24, 2005 was confirmed. REPORT BY: General Government Committee, William R. Patterson, Chairperson IN RE: BOARD OF COMMISSIONERS – CONFIRMATION OF COUNTY EXECUTIVE’S APPOINTMENTS TO THE METROPOLITAN ARTS AND CULTURE COUNCIL To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee hereby recommends the confirmation of the County Executive’s appointments of David Payne, Supervisor, Bloomfield Township; Willie Payne, Mayor, City of Pontiac; and Thomas A. Law, Chairman, Oakland County Board of Commissioners, to the Metropolitan Arts and Culture Council. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Commissioners Minutes Continued. August 22, 2002 394 Copy of letter from L. Brooks Patterson, Oakland County Executive on file in County Clerk’s office. Moved by Patterson supported by Dingeldey the General Government Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Moved by Patterson supported by Crawford the appointment of David Payne, Supervisor, Bloomfield Township; Willie Payne, Mayor, City of Pontiac; and Thomas A. Law, Chairman, Oakland County Board of Commissioners, to the Metropolitan Arts and Culture Council be confirmed. Vote on appointment: AYES: Crawford, Dingeldey, Galloway, Garfield, Gregory, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel, Brian, Buckley, Causey-Mitchell, Coleman. (24) NAYS: Douglas. (1) A sufficient majority having voted therefore, the appointment of David Payne, Supervisor, Bloomfield Township; Willie Payne, Mayor, City of Pontiac; and Thomas A. Law, Chairman, Oakland County Board of Commissioners, to the Metropolitan Arts and Culture Council was confirmed. MISCELLANEOUS RESOLUTION #02201 BY: Planning and Building Committee - Charles E. Palmer, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - APPROVAL OF GRANTING A SAFETY PATH EASEMENT TO THE CHARTER TOWNSHIP OF ORION, ORION OAKS COUNTY PARK, PART OF PARCEL NO. 09-17-200-003 To the Oakland County Board of Commissioners Chairperson, Ladies, and Gentlemen: WHEREAS the County of Oakland is the owner of Orion Oaks County Park located in Orion Township; and WHEREAS the Charter Township of Orion is proceeding with its planned construction of a 10 foot wide safety path/sidewalk along the south side of Clarkston Road adjacent to Orion Oaks County Park; and WHEREAS the Charter Township of Orion has requested that the County of Oakland grant a permanent easement for the construction, maintenance, operation, repair, and/or replacement of a safety path and a temporary grading permit adjacent to the north property line of Orion Oaks County Park for the sum of one dollar; and WHEREAS County staff and the Orion Township consulting engineer have agreed upon the terms and conditions for granting the safety path easement and temporary grading permit; and WHEREAS the Oakland County Parks and Recreation Commission accepted and approved the requested easement and temporary grading permit on July 10, 2002; and WHEREAS the Department of Facilities Management and Corporation Counsel have reviewed and approved the attached easement document for safety path and temporary grading permit. 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/or removal of a safety path and granting of a temporary grading permit over of portion of Orion Oaks County Park to the Charter Township of Orion. 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 Copy of Grant of Non-Exclusive Safety Path Easement in Gross, Exhibit “A”, and Charter Township of Orion Temporary Grading Permit on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. Commissioners Minutes Continued. August 22, 2002 395 MISCELLANEOUS RESOLUTION #02202 BY: Planning and Building Committee - Charles E. Palmer, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - APPROVAL OF GRANTING A SANITARY SEWER EASEMENT TO THE CHARTER TOWNSHIP OF ORION, ORION OAKS COUNTY PARK, PART OF PARCEL NO. 09-17-200-003 To the Oakland County Board of Commissioners Chairperson, Ladies, and Gentlemen: WHEREAS the County of Oakland is the owner of Orion Oaks County Park located in Orion Township; and WHEREAS Mullins Contracting Company has requested that the County of Oakland grant a 20-foot wide by 597.65 foot and a 40 foot by 1,752.64 foot permanent easement for the construction, installation, operation, maintenance, replacement and/or removal of a sanitary sewer together with a 20 foot wide temporary construction easement over a portion of Orion Oaks County Park to the Charter Township of Orion, for the sum of one dollar; and WHEREAS Mullins Contracting Company and County staff have agreed upon the terms and conditions for granting the requested sanitary sewer easement inclusive of restoration and sewer leads for possible future County access to the sanitary sewer; and WHEREAS the Oakland County Parks and Recreation Commission accepted and approved the requested easement on February 6, 2002; and WHEREAS the Department of Facilities Management and Corporation Counsel have reviewed and approved the attached easement document for sanitary sewer. 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/or removal of a sanitary sewer over of portion of Orion Oaks County Park to the Charter Township of Orion. 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 Copy of Grant of Sanitary Sewer Easement, Attachment “B”, and Certificate of Survey on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #02203 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – APPROVAL OF CONVEYANCE OF COUNTY OWNED REAL ESTATE TO HURON VALLEY HOSPITAL, INC., COMMERCE TOWNSHIP, PART OF PARCEL NO. 17-10-101-006 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is the owner of a 3.28 acre parcel of land located adjacent to the Huron Valley Hospital in Commerce Township; and WHEREAS the said 3.28 acre parcel of land was deeded to the County of Oakland for the sum of one dollar by the Huron Valley Hospital in 1985 for water well purposes as part of the Commerce Township water supply system; and WHEREAS the Oakland County Drain Commissioner via an agreement with Commerce Township operates and maintains the township water supply system; and WHEREAS the Drain Commissioner's staff has determined that the wells located on the subject property can be properly operated and maintained on a .94 acre site and therefore, 2.34 acres of the subject property is no longer required for present or future County use and are considered excess land; and Commissioners Minutes Continued. August 22, 2002 396 WHEREAS the Huron Valley Hospital, Inc. has requested that the County of Oakland convey via quit claim deed, and for the sum of one dollar, the subject 2.34 acre parcel of excess County owned land to the Huron Valley Hospital, Inc.; and WHEREAS the Oakland County Drain Commissioner and the Charter Township of Commerce recommend the conveyance of the subject 2.34 acre parcel to Huron Valley Hospital, Inc. for the sum of one dollar so long as proper easements are reserved for water main and ingress/egress purposes; and WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and approved the attached quit claim deed. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the conveyance, for the sum of one dollar, via the attached quit claim deed, of part of Parcel No. 17-10-101- 006 to the Huron Valley Hospital, Inc., a Michigan Nonprofit Corporation. BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs its Chairperson or 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 Copy of QuitClaim Deed, Exhibit A, A-1, B and Watermain Easement “D” on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #02204 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: PROSECUTING ATTORNEY – FISCAL YEAR 2003 VICTIM RIGHTS FUNDING FOR VICTIM SERVICES ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan, Department of Community Health has awarded the Oakland County Office of the Prosecuting Attorney Victims Services grant funding in the amount of $180,100 for the period of October 1, 2002 through September 30, 2003; and WHEREAS this is the eleventh (11th) year of grant acceptance for this program; and WHEREAS the FY 2003 award of $180,100 is the same amount as the FY 2002 award of $180,100. No grant match is required; and WHEREAS the purpose of this grant is to expand and enhance local services available to crime victims regarding their safety, rights, dignity, and healthy recovery; and WHEREAS this grant includes continued funding of salaries and fringe benefits for two (2) Victim Advocate positions, one (1) Victim Services Director position, one (1) Victim Rights Leader position, and one (1) Typist position; and WHEREAS the grant award has been processed through the County Executive Contract Review Process and the Board of Commissioners Grant Application Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts grant funding from the State of Michigan, Department of Community Health in the amount of $180,100 for the period of October 1, 2002 through September 30, 2003. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant award and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original application as approved. BE IT FURTHER RESOLVED continuation of this program, including the positions, is contingent upon continued 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 – Prosecutor’s Office, Grant Agreement between Michigan Department of Community Health and Oakland County Prosecutor’s Office, Addendum A, Attachments A, B, C, D, and E on file in County Clerk’s office. Commissioners Minutes Continued. August 22, 2002 397 FISCAL NOTE (MISC. #02204) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: PROSECUTING ATTORNEY – FISCAL YEAR 2003 VICTIMS RIGHTS FUNDING FOR VICTIM SERVICES 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 named Miscellaneous Resolution and finds: 1. The Prosecuting Attorney is requesting the acceptance of the FY 2003 Victim Rights Funding for Victim Services Grant. 2. The grant award of $180,100 for the period of October 1, 2002 through September 30, 2003 is the same as the FY 2002 award. There is no County match required. 3. The grant includes continued funding of salaries and fringe benefits for two (2) Victim Advocate positions, one (1) Victim Services Director position, one (1) Victim Rights Leader position, and one (1) Typist position, which is included in the County Executive Recommended Budget. No budget amendment is required. 4. Acceptance of this grant does not obligate the County to future commitments and continuation is contingent upon future grant funding. FINANCE COMMITTEE Moved by Crawford supported by Coleman the resolution be adopted. AYES: Dingeldey, Douglas, Galloway, 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 #02205 BY: Public Services Committee IN RE: CIRCUIT COURT - FAMILY DIVISION - OAKLAND COUNTY CHILD CARE FUND BUDGET 2002-2003 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Pursuant to provisions of Act 280 of the Public Acts of 1975, Oakland County is required to develop and submit a plan and budget for the provision of funding of foster care services to the Bureau of Juvenile Justice, Family Independence Agency, annually; and WHEREAS the Oakland County Circuit Court - Family Division, County of Oakland, and the Oakland County Family Independence Agency have developed the attached foster care services budget for the State's fiscal year, October, 1, 2002 through September 30, 2003; and WHEREAS the Public Services Committee has reviewed this budget and recommends its submission to the State Office. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes submission of the 2002-2003 Oakland County Child Care Fund Budget to the Bureau of Juvenile Justice’s Child Care Fund Division, Family Independence Agency. Chairperson, on behalf of the Public Services Committee, I move the 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 Finance Committee. There were no objections. Commissioners Minutes Continued. August 22, 2002 398 The Board adjourned at 10:37 a.m. to the call of the Chair or September 5, 2002, at 9:30 a.m. G. WILLIAM CADDEL THOMAS A.LAW Clerk Chairperson