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HomeMy WebLinkAboutMinutes - 2003.02.13 - 832134 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES February 13, 2003 Meeting called to order by Chairperson Thomas Law at 10:16 a.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Bullard, Coleman, Coulter, Douglas, Gregory, Hatchett, Jamian, Knollenberg, Kowall, Law, Long, McMillin, Middleton, Moffitt, Moss, Obrecht, Patterson, Potter, Rogers, Scott, Suarez, Webster, Zack. (23) ABSENT: Crawford, Palmer (absent with notice). (2) Quorum present. Invocation given by Eric Coleman. Pledge of Allegiance to the Flag. Moved by Moss supported by Suarez the minutes of the January 30, 2003, Board Meeting be approved. A sufficient majority having voted therefore, the minutes were approved as printed. Moved by Webster supported by Suarez the rules be suspended and the agenda be amended, as follows: ITEMS NOT ON BOARD AGENDA GENERAL GOVERNMENT COMMITTEE c. Board of Commissioners – Appointment to the Parks and Recreation Commission (Reason for Suspension of General Government Committee, item c: Waiver of Rule III – General Government Committee meeting held immediately prior to today’s Board meeting.) Vote on agenda, as amended: AYES: Coleman, Coulter, Douglas, Gregory, Hatchett, Jamian, Knollenberg, Kowall, Law, Long, McMillin, Middleton, Moffitt, Moss, Obrecht, Patterson, Potter, Rogers, Scott, Suarez, Webster, Zack, Bullard. (23) NAYS: None. (0) A sufficient majority having voted therefore, the motion to suspend the rules and amend the agenda carried. Deputy Clerk Lawrence Mitchell read a communication from Chairperson Thomas A. Law appointing Judge Phyllis McMillen to replace Judge Kenneth Hempstead on the Community Corrections Advisory Board for a term ending July 20, 2004. Commissioners Minutes Continued. February 13, 2003 35 Hearing no objections, the appointment was confirmed. Deputy Clerk Lawrence Mitchell read a communication from County Commissioner Lawrence A. Obrecht resigning his position as Oakland County Commissioner, District #3 to become Director of Animal Control. Chairperson Thomas A. Law thanked him for his years of service and Commissioner Obrecht thanked his fellow Commissioners. Deputy Clerk Lawrence Mitchell read a communication from Suzette Vogt and her family thanking the County Commissioner’s for the beautiful flowers and tribute to her late husband Dick Vogt. Deborah Schutt, Woodward Heritage Team Coordinator addressed the board with a presentation of Woodward Avenue Heritage Marketing Strategy Executive Brief. Moved by Jamian supported by Webster the resolutions on the Consent Agenda, be adopted. (The vote for this motion appears on page 43*.) The resolutions on the Consent Agenda follow (annotated by an asterisk {*}): *MISCELLANEOUS RESOLUTION #03016 BY: Sue Ann Douglas, District #12 IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF ROCHESTER – FISCAL YEARS 2001, 2002 AND 2003 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 Rochester 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 City of Rochester is requesting reimbursement for expenses directly related to the sanitary sewer replacement and storm sewer repairs on Renshaw an Castell Streets and the water main replacement on Renshaw; and WHEREAS the FY 2001, FY 2002 and FY 2003 authorized amount of funding for the City of Rochester is $40,734.24 annually from the Environmental Infrastructure Fund as repayment to the City of Rochester 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 City of Rochester as eligible for reimbursement from the Environmental Infrastructure Fund. BE IT FURTHER RESOLVED that the Board authorizes the FY 2001, FY 2002 and FY 2003 appropriations in the amount of $40,734.24 annually from the Environmental Infrastructure Fund (Account #90-263253-41000-3985) to repay the City of Rochester for expenses incurred in connection with water, storm sewer and sanitary sewer system improvements, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. SUE DOUGLAS Copy of Environmental Infrastructure Fund Reimbursement Request on file in County Clerk’s office. FISCAL NOTE (MISC. #03016) BY: Finance Committee, Charles Moss, Chairperson IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF ROCHESTER – FISCAL YEARS 2001, 2002 AND 2003 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: Commissioners Minutes Continued. February 13, 2003 36 1. Annual funding of $40,734.24 is available in the Environmental Infrastructure Fund for FY 2001, 2002 and 2003 to reimburse the City of Rochester 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 43.) *MISCELLANEOUS RESOLUTION #03017 BY: Charles Moss, District #20 IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF BLOOMFIELD HILLS – FISCAL YEARS 1999, 2000, 2001, 2002 AND 2003 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 Bloomfield Hills 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 City of Bloomfield Hills is requesting reimbursement for expenses directly related to the manhole rehabilitation, water system vulnerability assessment, water and sewer system mapping, improvements to Hamlin Drain (storm sewer), water system modeling and sanitary sewer system rehabilitation; and WHEREAS the FY 1999, FY 2000, FY 2001, FY 2002 and FY 2003 authorized amount of funding for the City of Bloomfield Hills is $47,530.37 annually from the Environmental Infrastructure Fund as repayment to the City of Bloomfield Hills 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 City of Bloomfield Hills as eligible for reimbursement from the Environmental Infrastructure Fund. BE IT FURTHER RESOLVED that the Board authorizes the FY 1999, FY 2000, FY 2001, FY 2002 and FY 2003 appropriations in the amount of $47,530.37 annually from the Environmental Infrastructure Fund (Account #90-263235-41000-3985) to repay the City of Bloomfield Hills for expenses incurred in connection with water, storm sewer and sanitary sewer system improvements, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. CHARLES MOSS Copy of Environmental Infrastructure Fund Expense Reimbursement Request on file in County Clerk’s office. FISCAL NOTE (MISC. #03017) BY: Finance Committee, Charles Moss, Chairperson IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF BLOOMFIELD HILLS – FISCAL YEARS 1999, 2000, 2001, 2002 AND 2003 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. Annual funding of $47,530.37 is available in the Environmental Infrastructure Fund for FY 1999, 2000, 2001, 2002 and 2003 to reimburse the City of Bloomfield Hills for this project; no additional appropriation is required. 2. The Committee recommends adoption of the resolution. FINANCE COMMITTEE Commissioners Minutes Continued. February 13, 2003 37 (The vote for this motion appears on page 43.) *MISCELLANEOUS RESOLUTION #03018 BY: Mike Rogers, District #14 and David L. Moffitt, District #15 IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF FARMINGTON HILLS – FISCAL YEARS 1999, 2000, 2001, 2002 AND 2003 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 Farmington Hills 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 City of Farmington Hills is requesting reimbursement for expenses directly related to constructing two sanitary sewer projects on Power Road and Kendallwood No. 1; and WHEREAS the FY 1999, FY 2000, FY 2001, FY 2002 and FY 2003 authorized amount of funding for the City of Farmington Hills is $364,745.64 annually from the Environmental Infrastructure Fund as repayment to the City of Farmington Hills 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 City of Farmington Hills as eligible for reimbursement from the Environmental Infrastructure Fund. BE IT FURTHER RESOLVED that the Board authorizes the FY 1999, FY 2000, FY 2001, FY 2002 and FY 2003 appropriations in the amount of $364,745.64 annually from the Environmental Infrastructure Fund (Account #90-263239-41000-3985) to repay the City of Farmington Hills for expenses incurred in connection with the sanitary sewer system projects, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. ROGERS, MOFFITT Copy of Environmental Infrastructure Fund Reimbursement Request on file in County Clerk’s office. FISCAL NOTE (MISC. #03018) BY: Finance Committee, Charles Moss, Chairperson IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF FARMINGTON HILLS – FISCAL YEARS 1999, 2000, 2001, 2002 AND 2003 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. Annual funding of $364,745.64 is available in the Environmental Infrastructure Fund for FY 1999, 2000, 2001, 2002 and 2003 to reimburse the City of Farmington Hills 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 43.) Commissioners Minutes Continued. February 13, 2003 38 *MISCELLANEOUS RESOLUTION #03020 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 (R & K TOOL INC. PROJECT) – CITY OF WIXOM 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 (R & K Tool Inc. 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 (The vote for this motion appears on page 43.) *MISCELLANEOUS RESOLUTION #03021 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION CONFIRMING APPOINTMENT OF ADDITIONAL EDC DIRECTORS (R & K TOOL INC. PROJECT) – CITY OF WIXOM 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 (R & K Tool Inc. 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 Ron Nordstrom and Kevin Hinckley, 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 therefor. 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. Commissioners Minutes Continued. February 13, 2003 39 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 43.) *MISCELLANEOUS RESOLUTION #03022 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 (PONTIAC PUBLIC SCHOOL ACADEMY 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 (Pontiac Public School Academy 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 (The vote for this motion appears on page 43.) *MISCELLANEOUS RESOLUTION #03023 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION CONFIRMING APPOINTMENT OF ADDITIONAL EDC DIRECTORS (PONTIAC PUBLIC SCHOOL ACADEMY 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 (Pontiac Public School Academy 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. Commissioners Minutes Continued. February 13, 2003 40 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 therefor. 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 43.) *MISCELLANEOUS RESOLUTION #03024 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 (HYDRODYNAMIC TECHNOLOGIES, INC. 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 (HydroDynamic Technologies, Inc. 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 (The vote for this motion appears on page 43.) Commissioners Minutes Continued. February 13, 2003 41 *MISCELLANEOUS RESOLUTION #03025 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION CONFIRMING APPOINTMENT OF ADDITIONAL EDC DIRECTORS (HYDRODYNAMIC TECHNOLOGIES, INC. 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 (HydroDynamic Technologies, Inc. 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 therefor. 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 43.) *MISCELLANEOUS RESOLUTION #03011 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – ACCEPTANCE AND APPROVAL OF PURCHASE AGREEMENT FOR THE SALE OF VACANT MILLER ROAD PROPERTY LOCATED IN ORION TOWNSHIP, KNOWN AS TAX IDENTIFICATION NO. 09-01-453-021 To the Oakland County Board of Commissioners Chairperson, Ladies, and Gentlemen: WHEREAS the County of Oakland is the owner of a vacant residential lot located in Orion Township known as Tax Identification No. 09-01-453-021 on the Township tax rolls; and WHEREAS the said property was acquired in 1971 by the former Department of Public Works for the construction of part of the Orion Township Sanitary Sewer System; and WHEREAS the property was acquired for the sum of $700 utilizing Orion Township funds; and WHEREAS the property is presently vacant and is exempt from taxation; and WHEREAS the property is considered unbuildable due to the presence of the sanitary sewer and its substandard size; and WHEREAS the Charter Township of Orion and the Oakland County Drain Commissioner have no objection to the sale of the property so long as a proper easement is retained in the Township's favor for sanitary sewer purposes; and WHEREAS on July 23, 2001, the Department of Facilities Management received authorization from the Oakland County Board of Commissioners’ Planning and Building Committee to sell the above property in its "as is" condition making no warranties, pursuant to Board of Commissioners’ Procedures for the Sale of County-owned Property; and WHEREAS on December 3, 2002, two offers were received for the sale of the property; and WHEREAS it is the recommendation of the Department of Facilities Management to accept the offer of Gary R. Boughner, Edeltraud E. Boughner and Michael G. Boughner, 1181 Miller Road, Lake Orion, Michigan 48362 in the amount of $5,005; and Commissioners Minutes Continued. February 13, 2003 42 WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary agreements and documents. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby accepts and approves the attached Purchase Agreement from Gary R. Boughner, Edeltraud E. Boughner and Michael G. Boughner for a cash sale price of $5,005 for the sale of the subject land located in the Township of Orion, being more specifically described as: Lot 28, Block 14, Bunny Run Country Club, a subdivision of part of the Northeast 1/4, part of the Southeast 1/4 and part of the Southwest 1/4 of Section 1, T4N, R10E, Orion Township, Oakland County, Michigan, according to the plat thereof as recorded in Liber 34 of Plats, pages 16 and 17, Oakland County Records. Sidwell # 09-01-453-021. BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs its Chairperson or its designee to execute the necessary documents for the sale of the above described property located in the Township of Orion and identified as Tax Identification No. 09-01-453-021. BE IT FURTHER RESOLVED that it is mutually understood this is a cash sale and “as is” condition. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Purchase Agreement and location maps on file in County Clerk’s office. FISCAL NOTE (MISC. #03011) BY: Finance Committee, Charles Moss, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – ACCEPTANCE AND APPROVAL OF PURCHASE AGREEMENT FOR THE SALE OF VACANT MILLER ROAD PROPERTY LOCATED IN ORION TOWNSHIP, KNOWN AS TAX IDENTIFICATION NO. 09-01-453-021 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 accepts and approves a purchase agreement from Gary R. Boughner, Edeltraud E. Boughner and Michael G. Boughner for a cash sale price of $5,005 for the purchase of vacant County-owned land located in the Township of Orion, identified as Tax Identification No. 09-01-453-021. 2. This is a cash sale and “as is” condition. 3. The proceeds of the sale will be receipted in the Building Improvement Fund (Fund #401) in the Sale of Land and Building Revenue Account #14-110006-10000-1588. FINANCE COMMITTEE (The vote for this motion appears on page 43.) *MISCELLANEOUS RESOLUTION #03012 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – RECOMMENDATION TO GRANT EASEMENT FOR WATER MAIN AND SANITARY SEWER TO THE CHARTER TOWNSHIP OF WATERFORD – OAKLAND COUNTY INTERNATIONAL AIRPORT, LOCATED IN THE TOWNSHIP OF WATERFORD (TAX PARCEL NO. 13-17-400-003 – PART) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Williams International Corporation, as lessee, has constructed a new hanger on North Astro Drive on land owned by the County of Oakland at the Oakland County International Airport; and WHEREAS as a condition of providing water and sewer service to the new building, the Township of Waterford has requested that the County of Oakland grant a permanent easement for water main and sanitary sewer and related appurtenances over a portion of the airport property; and WHEREAS the Department of Facilities Management and Waterford Township have agreed upon a route for the said water main and sanitary sewer, which will satisfy all fire code and sanitary sewer requirements as required by township code; and Commissioners Minutes Continued. February 13, 2003 43 WHEREAS the Oakland County Airport Committee approved the granting of the easement on September 19, 2002; and WHEREAS it is the recommendation of the Airport Committee, and the Departments of Facilities Management and Corporation Counsel that the Oakland County Board of Commissioners approve the granting of the attached easement for water main and sanitary sewer to the Charter Township of Waterford for the sum of one dollar; and WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the granting of the easement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes and approves the granting of the attached easement for water main and sanitary sewer and related appurtenances to the Charter Township of Waterford for the sum of one dollar. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or designee to execute the attached easement for water main and sanitary sewer and related appurtenances. 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 Water and Sanitary Sewer Easement in Gross, Exhibit A, and map of Oakland County International Airport on file in County Clerk’s office. FISCAL NOTE (MISC. #03012) BY: Finance Committee, Charles Moss, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – RECOMMENDATION TO GRANT EASEMENT FOR WATER MAIN AND SANITARY SEWER TO THE CHARTER TOWNSHIP OF WATERFORD – OAKLAND COUNTY INTERNATIONAL AIRPORT, LOCATED IN THE TOWNSHIP OF WATERFORD (TAX PARCEL NO. 13-17-400-003 - PART) 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 authorizes and approves the granting of an easement for water main and sanitary sewer and related appurtenances to the Charter Township of Waterford for the sum of one (1) dollar. 2. The easement will provide access for water main and sanitary sewer service over a portion of the Oakland County International Airport for a new hangar constructed by the Williams International Corporation, as lessee. 3. No General Fund/General Purpose amendment is required. FINANCE COMMITTEE Vote on Consent Agenda: AYES: Coulter, Douglas, Gregory, Hatchett, Jamian, Knollenberg, Kowall, Law, Long, McMillin, Middleton, Moffitt, Moss, Obrecht, Patterson, Potter, Rogers, Scott, Suarez, Webster, Zack, Bullard, Coleman. (23) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda, were adopted. Commissioners Minutes Continued. February 13, 2003 44 MISCELLANEOUS RESOLUTION #03026 BY: General Government Committee, William Patterson, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – FIRST QUARTER 2003 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 First Quarter 2003 data processing development charges to be $1,447,540.47 and the imaging development charge to be $80,352.00 for the General Fund/General Purpose County departments; and WHEREAS direct charges to Special Revenue and Proprietary fund departments are $103,575.00 and non-county agencies are $0 for the First Quarter 2003; 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 First Quarter 2003 Data Processing Development Report and approves the First Quarter appropriation transfer as specified on the attached schedule. 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 1st Quarter 2003 and Information Technology – Reserve Fund Development/Support Detail – First Quarter, 2003 on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. REPORT (MISC. #03013) BY: Personnel Committee, Thomas F. Middleton, Chairperson IN RE: PARKS AND RECREATION/ADMINISTRATION - CREATION OF ONE (1) TRAILS NETWORK COORDINATOR CLASSIFICATION AND POSITION IN THE DESIGN AND DEVELOPMENT UNIT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed Miscellaneous Resolution #03013, reports with the recommendation that the resolution be amended by deleting the last Whereas paragraph that reads: “WHEREAS the Trails Network Coordinator position will be funded by Parks & Recreation. The general fund will reduce indirect costs charged to Parks and Recreation’s fund by $35,000, to partially offset the cost of the position.” And inserting the following paragraph: "WHEREAS the Trails Network Coordinator position will be fully funded by Parks and Recreation." Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE REPORT (MISC. #03013) BY: Finance Committee, Charles Moss, Chairperson IN RE: PARKS AND RECREATION/ADMINISTRATION - CREATION OF ONE (1) TRAILS NETWORK COORDINATOR CLASSIFICATION AND POSITION IN THE DESIGN AND DEVELOPMENT UNIT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above referenced resolution, reports with the recommendation that the resolution be amended to remove the last WHEREAS paragraph that reads: Commissioners Minutes Continued. February 13, 2003 45 "WHEREAS the Trails Network Coordinator position will be funded by Parks and Recreation. The general fund will reduce indirect costs charged to Parks and Recreation's fund by $35,000, to partially offset the cost of position." Chairperson, on behalf of the Finance Committee, I move the acceptance of the foregoing report. FINANCE COMMITTEE MISCELLANEOUS RESOLUTION #03013 BY: General Government Committee, William R. Patterson, Chairperson IN RE: PARKS AND RECREATION/ADMINISTRATION – CREATION OF ONE (1) TRAILS NETWORK COORDINATOR CLASSIFICATION AND POSITION IN THE DESIGN AND DEVELOPMENT UNIT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Parks and Recreation proposes the creation of a new Trails Network Coordinator classification and position to coordinate County-wide trail planning for new and existing trail systems; and WHEREAS this position would represent Oakland County Parks and Recreation in the planning and implementation of all new and redeveloped trail corridors; and WHEREAS this position would develop and define strategies relating to County-wide regional trail planning in collaboration with a Trails Advisory Council (TAC), County departments and outside agencies involved in this effort; and WHEREAS the Trails Network Coordinator position will be funded by Parks and Recreation. The general fund will reduce indirect costs charged to Parks and Recreation's fund by $35,000, to partially offset the cost of position. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the creation of a new Trails Network Coordinator classification, salary grade 11, overtime non-exempt. BE IT FURTHER RESOLVED that the Board of Commissioners approves the creation of one (1) special revenue, full-time eligible, Trails Network Coordinator position in the Design and Development Unit of the Parks and Recreation Department. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of job overview on file in County Clerk’s office. FISCAL NOTE (MISC. #03013) BY: Finance Committee, Charles Moss, Chairperson IN RE: PARKS AND RECREATION/ADMINISTRATION – CREATION OF ONE (1) TRAILS NETWORK COORDINATOR CLASSIFICATION AND POSITION IN THE DESIGN AND DEVELOPMENT 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. Oakland County Parks and Recreation is requesting a new Trails Network Coordinator classification, salary grade 11, to coordinate countywide trail planning for new and existing trail systems. 2. The Trails Network Coordinator would represent Oakland County Parks and Recreations to develop and define strategies relating to countywide regional trail planning with all local, county, and regional trail systems. 3. The coordinator would participate in public agency study committee and communicate to the Trails Advisory Council, Oakland County Parks and Recreation Commission, Huron-Clinton Metropolitan Authority and Oakland County Planning and Economic Development. 4. The position is scheduled to be funded beginning February 22, 2003. 5. The Trails Network Coordinator position will be funded by the Parks and Recreation Operating Fund for $35,785 for FY 2003 and $62,030 for an annual cost for FY 2004. Commissioners Minutes Continued. February 13, 2003 46 6. The following budget amendment is recommended for FY 2003 and FY 2004. Parks and Recreation (208) FY 2003 FY 2004 Revenues 2-53-201000-10001-1582 Prior Year Balance 35,785 62,030 Expenditures 2-53-201000-10001-2001 Salary 25,362 43,962 2-53-201000-10001-2074 Fringes Benefits 10,423 18,068 Total 35,785 62,030 FINANCE COMMITTEE Moved by Patterson supported by Obrecht the resolution be adopted. Moved by Patterson supported by Middleton the Personnel Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Moved by Patterson supported by Coulter the Finance Committee Report be accepted. A sufficient majority not having voted therefore, the report was not accepted. Moved by Patterson supported by Knollenberg the resolution be amended to coincide with the recommendation in the Personnel Committee Report. A sufficient majority having voted therefore, the motion carried. Vote on resolution, as amended: AYES: Douglas, Gregory, Hatchett, Jamian, Knollenberg, Kowall, Law, Middleton, Moffitt, Moss, Obrecht, Patterson, Potter, Scott, Suarez, Webster, Zack, Bullard, Coleman, Coulter. (20) NAYS: Long, McMillin, Rogers. (3) A sufficient majority having voted therefore, the resolution, as amended, was adopted. REPORT BY: General Government Committee, William R. Patterson, Chairperson IN RE: APPOINTMENT TO THE PARKS AND RECREATION COMMISSION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee hereby recommends that Suzette M. Vogt, Special Projects Coordinator, be appointed to the Parks and Recreation Commission, for a three-year term ending January 1, 2006. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Moved by Patterson supported by Moss the General Government Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Moved by Patterson supported by Suarez the appointment of Suzette M. Vogt to the Parks and Recreation Commission for a three year term ending January 1, 2006 be confirmed. Moved by Douglas that Nancy Dingeldey be nominated to serve on to the Parks and Recreation Commission instead of Suzanne M. Vogt. Discussion followed. Commissioners Minutes Continued. February 13, 2003 47 Vote on nominations: Gregory -Vogt Patterson -Vogt Hatchett -Vogt Potter -Vogt Jamian -Dingeldey Rogers -Dingeldey Knollenberg -Vogt Scott -Vogt Kowall -Vogt Suarez -Vogt Law -Vogt Webster -Vogt Long -Dingeldey Zack -Vogt McMillin -Vogt Bullard -Vogt Middleton -Vogt Coleman -Vogt Moffitt -Vogt Coulter -Vogt Moss -Vogt Douglas -Dingeldey Obrecht -Vogt The vote was: Suzette M. Vogt (19) Nancy Dingeldey (4) As a result of the roll call vote, the appointment of Suzette M. Vogt to the Parks and Recreation Commission was confirmed. MISCELLANEOUS RESOLUTION #03027 BY: Personnel Committee, Thomas F. Middleton, Chairperson IN RE: PERSONNEL DEPARTMENT - FISCAL YEAR 2003 EXTENSION OF THE LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNCIPAL EMPLOYEES (AFSCME) COUNCIL 25, LOCAL 2720 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland and AFSCME Local 2720, have agreed to extend the provisions of the current collective bargaining agreement covering approximately four Board of Commissioner employees; and WHEREAS this agreement provides for 1.5% increase with the pay period beginning September 21, 2002, and a 1.5% increase with the pay period beginning March 22, 2003; and WHEREAS this agreement further provides for any benefit modifications to take effect during fiscal year 2003 for non represented employees, be applied to members of this bargaining unit at the same time and in the same manner as provided to the non-represented employees; and WHEREAS the agreement regarding a one year extension has been reached for the period October 1, 2002, through September 30, 2003, and said agreement has been reduced to writing; and WHEREAS the agreement has been reviewed by your Personnel Committee, which recommends approval of the agreement. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the proposed agreement between the County of Oakland and AFSCME Local 2720, covering the period of October 1, 2002, through September 30, 2003, and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE Copy of Memorandum of Agreement on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. Commissioners Minutes Continued. February 13, 2003 48 MISCELLANEOUS RESOLUTION #03028 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: SHERIFF DEPARTMENT - USE OF FORFEITED FUNDS FOR PURCHASE OF 200 OF THE ADVANCED TASER M26 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Section 333.7524 of Public Act 368 of 1978 authorizes courts to distribute property and funds forfeited through narcotic seizures to participating agencies to be utilized toward the enhancement of law enforcement efforts related to the Controlled Substances Act; and WHEREAS the courts have distributed $659,273.79 (balance as of 1/31/03) as a result of Sheriff’s Office forfeiture efforts; and WHEREAS the Sheriff is requesting that a portion of these funds be used to purchase two hundred (200) Advanced Taser M26 at the estimated cost of $145,000 (see attached Schedule A); and WHEREAS this equipment and supplies will be used by the Sheriff’s Office to enhance law enforcement efforts in compliance with state law. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the use of $145,000 from the Sheriff’s Office Law Enforcement Enhancement Account (#101-43-223101- 20001-2853-60053) to purchase the equipment and supplies per the attached Schedule A. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Schedule A Taser Specifications on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #03029 BY: Tom McMillin, District #11 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR H-4 COMMITTEE SUBSTITUTE FOR HOUSE BILL 4072 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Board of Commissioners believes that an improved regional mass transit system is generally a worthwhile goal for Oakland County and the Metro-Detroit area; and WHEREAS Metropolitan Detroit and Oakland County are composed of many different regions with unique needs; and WHEREAS Some regions within Oakland County have mass transit priorities that may be less compatible with the overall needs of the metro region as a whole; and WHEREAS Regions whose priorities are not served by an overall mass transit plan should not be forced to pay for and participate in a regional plan that is detrimental to their general interests; and WHEREAS DARTA legislation approved by both Houses of the 91st State Legislature provided local participation options for regions in Wayne County, but NOT for regions in Oakland County or other counties within the DARTA regions; and WHEREAS Providing local Oakland County regions with a choice as to whether or not to continue participation in any Metro-Detroit area mass transit authority plays a vital role in ensuring the establishment of, and continuation of, high quality mass transit service for each local community within the region; and WHEREAS Michigan House of Representatives Bill number 4072 has been amended in committee to allow regions within the metro area to remain within a regional mass transit plan only when it sufficiently serves the needs of the community members within that region. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners Supports the H-4 Committee substitute for House Bill 4072 as the proposal that best incorporates all of the diverse mass transit needs within Oakland County and the Metropolitan Detroit area. Chairperson, I move the adoption of the foregoing Resolution. McMILLIN, DOUGLAS, KOWALL, SCOTT, LONG, MOFFITT, PATTERSON Commissioners Minutes Continued. February 13, 2003 49 The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #03030 BY: Eric Coleman, District #23 IN RE: BOARD OF COMMISSIONERS - OAKLAND COUNTY REGULATION TO CONTROL SMOKING IN PUBLIC PLACES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS numerous studies have found that tobacco smoke is a major contributor to indoor air pollution, and that breathing secondhand smoke is a cause of disease in healthy nonsmokers, including heart disease, stroke, respiratory disease and lung cancer; and WHEREAS secondhand smoke is particularly hazardous to elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive disease; and WHEREAS children exposed to secondhand smoke have an increased risk of asthma, respiratory infections, sudden infant death syndrome, developmental abnormalities and cancer; and WHEREAS the United States Environmental Protection Agency classified secondhand smoke as a known cause of lung cancer -- a "Group A" carcinogen, the environmental equivalent of asbestos; and WHEREAS secondhand smoke contains over 4,000 chemicals, 43 of which are cancerous, killing over 53,000 non-smokers every year; and WHEREAS the Oakland County Board of Commissioners recognizes the imperative to protect the public health and welfare by prohibiting smoking in public places and places of employment; and to guarantee the right of nonsmokers to breathe smoke-free air; and WHEREAS the Oakland County Board of Commissioners recognizes that the need to breathe smoke-free air shall have priority over the desire to smoke. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby prohibit smoking in all private work sites and public places in Oakland County, but not including bars and food service establishments. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners does hereby adopt this resolution; and do hereby give immediate effect upon its passage and publication. Chairperson, I move the adoption of the foregoing Resolution. ERIC COLEMAN The Chairperson referred the resolution to the General Government Committee. There were no objections. The Board adjourned at 10:59 a.m. to the call of the Chair or March 6, 2003, at 9:30 a.m. G. WILLIAM CADDELL THOMAS A.LAW Clerk Chairperson