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HomeMy WebLinkAboutMinutes - 2003.11.20 - 8336561 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES November 20, 2003 Meeting called to order by Chairperson Thomas Law at 9:53 a.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Bullard, Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, Kowall, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack. (25) ABSENT: None. (0) Quorum present. Invocation given by William Patterson Pledge of Allegiance to the Flag. Moved by Potter supported by Long the minutes of the October 30, 2003, Board Meeting be approved. A sufficient majority having voted therefore, the minutes were approved as printed. Moved by Webster supported by Crawford the rules be suspended and the agenda be amended as follows: ITEMS ON BOARD AGENDA PLANNING AND BUILDING COMMITTEE a. Community and Economic Development Department/Planning and Economic Development Services Division – Resolution Approving Automation Alley SmartZone Cooperation Agreement. b. Community and Economic Development Department/Planning and Economic Development Services Division – Resolution Approving Amendment to the Boundaries of the Joint Local Development Financing Authority Between the City of Southfield and the City of Troy. (Reason for suspension of Planning and Building Committee, items (a) and (b): Waiver of Rule Xll.C.1 – Direct referral to the Finance Committee.) Commissioners Minutes Continued. November 20, 2003 562 Moved by Webster supported by Crawford the agenda be further amended by removing MADD Proclamation – Commissioner Thomas A. Law from item #7, Communications and adding a presentation on the State of Homelessness in Oakland County given by Kathy Williams. To refer Finance item (a) to the General Government Committee and the Personnel Committee. To refer Personnel items (f) and (g) to the General Government Committee, and to add setting a Public Hearing under Planning and Building. AYES: Bullard, Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, Kowall, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack. (25) NAYS: None. (0) A sufficient majority having voted therefore, the agenda as amended, was approved. Commissioner McMillin made a motion to move Planning and Building items: (a) and (b) from the Consent Agenda to the Regular Agenda. Hearing no objection the Chairperson stated the motion carried. Moved by Wilson supported by Hatchett the resolutions on the Consent Agenda, be adopted (with accompanying reports being accepted). (The vote on this motion appears on Page (581.) The resolutions on the Consent agenda follow (annotated by an asterisk {*}): *MISCELLANEOUS RESOLUTION #03312 BY: General Government Committee, William R. Patterson, Chairperson IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION – 2003/2004 SUBSTANCE ABUSE GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Health Division has been awarded by the Michigan Department of Community Health (MDCH) $4,702,614 in Substance Abuse Grant Funds for the period of October 1, 2003 through September 30, 2004; and WHEREAS the 2003/2004 grant award includes $4,702,614 in grant revenue and expenditures for this program, a decrease of $326,957 (6.5%) from the previous year; and WHEREAS these funds are used to subcontract with agencies to prevent and reduce the incidence of drug and alcohol abuse and dependency; and WHEREAS these contracts were awarded through the County’s competitive bidding process; and WHEREAS acceptance of this grant does not obligate the County to any future commitment; and WHEREAS the grant agreement has been submitted through the County Executive’s Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the 2003/2004 Substance Abuse Grant from the Michigan Department of Community Health in the amount of $4,702,614. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant agreement and to approve minor changes and grant extensions, not to exceed fifteen (15) percent variance from the original award. BE IT FURTHER RESOLVED that the future level of service, including personnel, be contingent upon the level of funding for this program. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes its Chairperson to execute this Agreement subject to the following additional condition: That the County’s approval for entering into this Agreement is specifically conditioned and premised upon the acceptance, approval and execution of the Agreement containing Addendum A, by the Michigan Department of Community Health, and that the failure of the Michigan Department of Community Health to execute the Agreement as specified shall, without any further act of the Oakland County Board of Commissioners, automatically negate and void the County’s approval and/or acceptance of this agreement as provided for in this resolution. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Commissioners Minutes Continued. November 20, 2003 563 Copy of Contract Review – Health Division, Grant Agreement Between Michigan Department of Community Health and Oakland County Health Division, Fiscal Year 2003/2004 Agreement Addendum A, Attachment A, Attachment C, Financial Status Report, Audit Status Notification Letter, Attachment F – Local Advisory Council Guidelines, MI Department of Community Health Mental Health and Substance Abuse Services Treatment Policy-02, Attachment F – HIV Early Intervention Project Guidelines, Attachment F – Enrollment Criteria for Methadone/LAAM Maintenance and Detoxification Programs (revised 2001), Data Collection/Recording and Reporting Requirements, and Attachment F – Reporting Nonprescription Methadone on file in County Clerk’s office. FISCAL NOTE (MISC. #03312) By: Finance Committee, Chuck Moss, Chairperson IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION – 2003/2004 SUBSTANCE ABUSE GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: 1. The Michigan Department of Community Health (MDCH) has awarded the Oakland County Health Division $4,702,614 in Substance Abuse Grant funds. 2. Funds will be used to subcontract with agencies to prevent and reduce the incidence of drug and alcohol abuse and dependency. 3. The County is expected to incur $182,538 in support costs, which have been included in the FY 2004 budget. This grant does not allow for the recovery of these costs. 4. Grant acceptance represents a decrease from the prior year grant amount of ($326,957) a (6.50%) decrease from the previous year. 5. The grant period extends from October 1, 2003 through September 30, 2004. 6. A budget amendment is recommended to the Fiscal Year 2004 Special Revenue Budget to match the Fiscal Year 2004 award as delineated below. FY 2004 FUND 275 Amendment Revenue 1-275-275497-72500-017 State ($ 326,957) Expenditures 2-275-354997-72500-2572 Cont Svs. ($ 20,041) 2-275-754997-72500-2572 Cont Svs. ( 306,916) Total Expenditures ($ 326,957) $ -0- FINANCE COMMITTEE (The vote for this motion appears on 581.) *MISCELLANEOUS RESOLUTION #03313 BY: General Government Committee, William R. Patterson, Chairperson IN RE: MEMORANDUM OF UNDERSTANDING WITH THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FOR COORDINATING DIGITAL FLOOD INSURANCE RATE MAP PRODUCTION FOR OAKLAND COUNTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County has developed topography and hydrography GIS data that can be used to accurately re-delineate floodways and floodplains; and WHEREAS the re-delineation of floodways and floodplains will assist the County and local units of government with the review of new land developments, mitigation of natural disasters, and the management of infrastructure; and WHEREAS the re-delineation of floodways and floodplains and the adoption of new Flood Insurance Rate Maps (FIRMS) may lower the cost of flood insurance for residents of the County; and Commissioners Minutes Continued. November 20, 2003 564 WHEREAS the Board of Commissioner’s has already approved the Memorandum of Understanding and Mapping Activity Statement for the Pilot Redelineation Project (Phase 1&2); and WHEREAS FEMA has recently appropriated funds to re-delineate Oakland County’s floodplain boundaries in their entirety; and WHEREAS the County has solicited and received federal funding from FEMA to assist in the full re- delineation of floodways and floodplains throughout the County; and WHEREAS FEMA will fund seventy-five percent of the project and the County will fund twenty-five percent of the project with in-kind services; and WHEREAS a Mapping Activity Statement for the full redelineation project has been drafted (as attached) by the County and final approval of its terms and conditions by Corporation Counsel is complete. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approve and execute the Mapping Activity Statement and authorize the receipt of federal funding cited therein. Chairperson, on behalf of the General Government Committee I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Contract Review – IT Department, Obligating Document for Award/Amendment’ Federal Emergency Management Agency Agreement Articles – Cooperating Technical Partners, Budget Information – Nonconstruction Programs, and Oakland County Cooperating Technical Partners Mapping Activity Statement on file in County Clerk’s office FISCAL NOTE (MISC. #03313) BY: Finance Committee, Chuck Moss, Chairperson IN RE: MEMORANDUM OF UNDERSTANDING WITH FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FOR COORDINATING DIGITAL FLOOD INSURANCE RATE MAP PRODUCTION FOR OAKLAND COUNTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: The purpose of this project is to coordinate the redelineation of floodways and floodplains for Oakland County undertaken by the Federal Emergency Management Agency (FEMA) and liaison with the local agencies to ensure accurate mapping and successful adoption of new Digital Flood Insurance Rate Maps (DFIRMS) in Oakland County. The resolution accepts funding that will assist in collecting local level GIS data, coordinate the production of digital flood insurance rate maps, undertake QA/QC, create auxiliary datasets and provide feedback to FEMA. The digital flood insurance rate maps may lower the cost of flood insurance for residents of Oakland County. 1. Total project cost is estimated to be $66,782. The funding will be split with seventy-five percent coming from the Federal Government of $51,043 and twenty-five percent will consist of in-kind contribution provided by the Department of Information Technology operating budget of $15,739. 2. Funding will be utilized for personnel costs, travel, and supplies as delineated in the Mapping Activity Statement. No additional General Fund/General Purpose appropriation is required. 3. The period of this agreement shall be 24 months from 9/30/03 through 9/29/05. No budget is recommended as the 25% match has been included in Information Technology FY 2004 budget. FINANCE COMMITTEE (The vote for this motion appears on 581.) Commissioners Minutes Continued. November 20, 2003 565 *REPORT (MISC. #03305) BY: General Government Committee, William R. Patterson, Chairperson IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR HOUSE BILL 5074 – A BILL TO ALLOW CORRECTIONS OFFICERS TO CARRY STUN GUNS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #03305 on November 3, 2003, reports with a recommendation 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 #03305 BY: Hugh D. Crawford, District #9 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR HOUSE BILL 5074 – A BILL TO ALLOW CORRECTIONS OFFICERS TO CARRY STUN GUNS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution #03028 authorized the Sheriff’s Department to purchase 200 Advanced Taser weapons for assignment to Deputies; and WHEREAS the Oakland County Sheriff’s Department continues to train its staff and deploy non-lethal Taser weapons throughout the Department; and WHEREAS House Bill 5074 was introduced into the Michigan Legislature to amend current law to permit the possession and reasonable use of non-lethal, electro-muscular disruption technology by local correction officers authorized in writing by the Sheriff; and WHEREAS the Oakland County Sheriff’s Department supports House Bill 5074. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports the intent of House Bill 5074 and urges the Michigan Legislature to enact HB 5074. BE IT FURTHER RESOLVED that copies of this resolution be sent to Oakland County Senators and Representatives in the Michigan Legislature. Chairperson, we move the foregoing resolution. HUGH CRAWFORD, TOM McMILLIN, BILL BULLARD, CHARLES PALMER, ERIC WILSON, CHUCK MOSS, GREG JAMIAN, DAVID MOFFITT (The vote for this motion appears on 581.) *MISCELLANEOUS RESOLUTION #03309 BY: Personnel Committee, Thomas F. Middleton, Chairperson IN RE: HUMAN RESOURCES - SALARY ADMINISTRATION FOURTH QUARTERLY REPORT FOR FISCAL YEAR 2003 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Salary Administration Plan approved by the Board of Commissioners for Grades 1 - 21 provides a process for departments and employees to request a review of the salary grade placement of classifications; and WHEREAS the Fourth Quarterly Report for FY2003 identifies the reviews conducted and the salary grade changes recommended by the Human Resources Department after completion of this review process; and WHEREAS funds have been established in the Classification and Rate Change fund to implement salary grade changes resulting from Salary Administration Quarterly Report recommendations. NOW THEREFORE BE IT RESOLVED that the Oakland Board of Commissioners authorizes Commissioners Minutes Continued. November 20, 2003 566 implementation of the Salary Administration Fourth Quarterly Report for FY 2003, which includes the following personnel actions: Salary Grade Classification From: To: Location-Position Reclassify one GIS Enterprise Data 10 11 18701-07985 Tech to a New class titled GIS Enterprise Data Technician II BE IT FURTHER RESOLVED that the following classifications be retitled with no change in salary grade: From: To: GIS Enterprise Data Tech GIS Enterprise Data Technician I Court Business Operations Analyst Court Business Analyst Hearing Technician Supervisor Hearing/Vision Technician Supervisor Vision Technician Supervisor Hearing/Vision Technician Supervisor Crime Lab Specialist I Forensic Laboratory Specialist I Crime Lab Specialist II Forensic Laboratory Specialist II Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE FISCAL NOTE (MISC. #03309) BY: Finance Committee, Chuck Moss, Chairperson IN RE: HUMAN RESOURCES - SALARY ADMINISTRATION FOURTH QUARTERLY REPORT FOR FISCAL YEAR 2003 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 Human Resources Department, with approval from the Board of Commissioners, provides a process for departments and employees requesting a review of the salary grade placement classifications for Grades 1 - 21. 2. The annual cost of the recommended salary grade change for the Proprietary position is $ 2,461 in Salaries and $837 in Fringe Benefits for a total of $3,298. 3. The impact on the remainder of FY 2004 is $2,177 in Salaries and $740 in Fringe Benefits. 4. Funding is available in the Information Technology Proprietary Fund (686) for the recommended classification change within the Information Technology Department. 5. Further recommended classification changes require only a title change and no change in salary. 6. No budget amendment is recommended. FINANCE COMMITTEE (The vote for this motion appears on 581.) *MISCELLANEOUS RESOLUTION #03310 BY: Personnel Committee, Thomas Middleton, Chairperson IN RE: HUMAN RESOURCES - FISCAL YEAR 2004 WAGE REOPENER FOR EMPLOYEES REPRESENTED BY THE GOVERNMENT EMPLOYEES LABOR COUNCIL (GELC) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland and the Government Employees Labor Council, have negotiated a Wage Reopener for Fiscal Year 2004 for approximately 125 employees of Children’s Village; and WHEREAS this agreement provides for 2.0% increase with the pay period beginning September 20, 2003; and WHEREAS this agreement further provides that any additional general wage increase for non- represented employees that may take place during fiscal year 2004, 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 Commissioners Minutes Continued. November 20, 2003 567 WHEREAS the agreement regarding this wage increase 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 Wage reopener agreement between the County of Oakland and the Government Employees Labor Council covering the period of October 1, 2003, through September 30, 2004, 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 Government Employees Labor Council – Children’s Village Employees Fiscal Year 2004 Wage Reopener on file in County Clerk’s Office. FISCAL NOTE (MISC. #03310) By: Finance Committee, Chuck Moss, Chairperson IN RE: HUMAN RESOURCES – FISCAL YEAR 2004 WAGE REOPENER FOR EMPLOYEES REPRESENTED BY THE GOVERNMENT EMPLOYEES LABOR COUNCIL (GELC) 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 County of Oakland and the Government Employees Labor Council (GELC)(approximately 125 Children’s Village Employees) have negotiated a Wage Reopener for Fiscal Year 2004 beginning October 1, 2003 through September 30, 2004. 2. This agreement provides for a 2.0% wage increase with the pay period beginning September 20, 2003. This equates to $141,257 for salaries and related fringe benefits. 3. The Agreement further provides that any additional general wage increase for non- represented employees that may take place during Fiscal Year 2004, be applied to members of this bargaining unit at the same time and in the same matter as provided to the non-represented employees. 4. Funding to cover this contract change was included in the FY 2004 Budget. Therefore, no additional appropriation required. FINANCE COMMITTEE (The vote for this motion appears on 581.) *MISCELLANEOUS RESOLUTION #03314 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: 52-1 DISTRICT COURT – FISCAL YEAR 2004 BYRNE GRANT PROGRAM – FROM THE MICHIGAN OFFICE OF DRUG CONTROL POLICY – CONTRACT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Department of Community Health, Office of Drug Control Policy has awarded grant funding to the 52-1 District Court at Novi in the amount of $133,334 with a grant period of October 1, 2003 through September 30, 2004; and WHEREAS the 52-1 District Court Sobriety Court program has received continuation funding to deal with the problems of increasing recidivism, increasing use of alcohol and illegal drugs, rising systems costs, and an increase in jail days ordered; and WHEREAS the 52-1 District Court Sobriety Drug Court is currently funded by the Byrne Memorial Drug Court Grant, and partly by the State Court Administrative Office (SCAO) grant; and WHEREAS the 52-1 Novi District Court, was awarded $133,334 which includes a 40% match of $53,334 to be funded by SCAO Grant in-kind funds; and WHEREAS the combined grant award is in the amount of $133,334, the 40% match of $53,334 is to be funded by SCAO Grant in-kind funds requiring no General Fund/General Purpose funds; and Commissioners Minutes Continued. November 20, 2003 568 WHEREAS continuation funding for one (1) Probation Officer I (32205-09903) position is awarded by this grant; and WHEREAS Miscellaneous Resolution #90004 established a fiscal policy to maintain proportionate funding for Federal, State and Private grants; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process and the Board of Commissioners Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts Michigan Department of Community Health, Office of Drug Control Policy grant, in the amount of $133,334 which includes $80,000 from the State and $53,334 as local match, which is funded from a pending concurrent FY 2004 grant from the State Court Administrators Office (SCAO). BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the contract agreement and that the chairperson may approve amendments and extensions up to fifteen (15%) percent variance from the award, consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant is conditioned upon continued interpretation of the contract consistent with the February 6, 2001, letter from the Michigan Supreme Court, State Court Administrative Office, providing that assurance #4 of the grant application shall not be construed as a mandate for future funding of the program from the funding unit, said letter attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that the SCAO Grant award will be used as matching dollars for the Byrne Memorial Grant, per approval of the State Court Administrator’s Office. BE IT FURTHER RESOLVED one (1) 52-1 District Court Probation Officer I (32205-09903) position be continued. BE IT FURTHER RESOLVED that continuation of the position associated with this grant is contingent upon continuation of State funding. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Contract Review – 52-1 District Court – Novi Grant Agreement Between Michigan Department of Community Health and County of Oakland County 52-1 District Court, Program Budget Summary Byrne Memorial Formula and Local Law Enforcement Block Grant Fiscal Year 2003/2004, MI Department of Community Health Program Budget Cost Detail, Attachments 4, 5, 6, 7, 8, and Attachment A on file in County Clerk’s office. FISCAL NOTE (MISC. #03314) BY: Finance Committee, Chuck Moss, Chairperson IN RE: 52-1 DISTRICT COURT – FISCAL YEAR 2004 BYRNE GRANT PROGRAM – FROM THE MICHIGAN OFFICE OF DRUG CONTROL POLICY – CONTRACT 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 52nd District Court, Division I (Novi) has received a grant from the Michigan Department of Community Health, Office of Drug Control Policy in the amount of $133,334 providing funding for a grant period of October 1, 2003 through September 30, 2004. 2. The contract award is for $133,334 including $80,000 in State funds and $53,334 in Local match. 3. The Local match of $53,334 is met by the 2004 SCAO with no cost to the General Fund. 4. Should the SCAO grant used as match for the Byrne Grant not be awarded, Byrne Grant expenditures must be reduced to the level of the Byrne Grant awarded. 5. The grant award includes the continued funding of one (1) Special Revenue full-time eligible (FTE) Probation Officer I position (#32205-09903). 6. An amendment is recommended to the FY 2004 Budget as follows to accept the continuation of funding from the Byrne Memorial Grant, to the 52-1 District Court Drug Court grant: Commissioners Minutes Continued. November 20, 2003 569 Special Revenue Fund 279 FY 2004 Revenue 1-32-279-100303-28000-0171 Grants-State $ 80,000 Expenditures 2-32-279-200303-28000-2001 Salaries $ 24,328 2-32-279-200303-28000-2075 Fringe Benefits $ 11,126 2-32-279-200303-28000-2560 Consultant $ 31,887 2-32-279-200303-28000-4156 Lab. Supplies $ 12,659 $ 80,000 $ -0- FINANCE COMMITTEE (The vote for this motion appears on 581.) *MISCELLANEOUS RESOLUTION #03315 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: DEPARTMENT OF PUBLIC SERVICES/COMMUNITY CORRECTIONS DIVISION - 2003 - 2004 BYRNE MEMORIAL GRANT - MICHIGAN OFFICE OF DRUG CONTROL POLICY FOR PONTIAC INSTEP GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Department of Public Services Community Corrections Division applied for the Byrne Memorial Grant from the Michigan Office of Drug Control Policy in the amount of $152,854 in grant funds for the period of October 1, 2003, through September 30, 2004; and WHEREAS the Michigan Office of Drug Control Policy has awarded Oakland County a 2003/2004 Community Corrections grant in the amount of $109,828, which is a 28% variance or $43,026 less than requested in the application amount; and WHEREAS the program total is $146,438, of which $109,828 (75%) is federal funded, and $36,610 (25%) is County grant match; and WHEREAS the grant funds two (2) Community Corrections Specialist II positions (#9332 & 9401); and WHEREAS the grant acceptance requires no additional personnel to fulfill the grant agreement; and WHEREAS it should be noted that there are General Fund/General Purpose funded Community Corrections Specialist positions included in the Fiscal Year 2003/2004 Budget, which are not part of this grant; and WHEREAS the grant agreement has been approved by the County Executive's Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the 2003/2004 Community Corrections grant from the Michigan Office of Drug Control in the amount of $109,828. BE IT FURTHER RESOLVED that the future level of service, including personnel would be contingent upon the level of funding available from the State. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Contract Review – Community Correction Division, Grant Agreement Between Michigan Department of Community Health and County of Oakland Community Corrections, Attachments 1, 2, 3, 4, 5, 6, 7, and 8 on file in County Clerk’s office. Commissioners Minutes Continued. November 20, 2003 570 FISCAL NOTE (MISC. #03315) BY: Finance Committee, Chuck Moss, Chairperson IN RE: DEPARTMENT OF PUBLIC SERVICES/COMMUNITY CORRECTIONS DIVISION - 2003 - 2004 BYRNE MEMORIAL GRANT - MICHIGAN OFFICE OF DRUG CONTROL POLICY FOR PONTIAC INSTEP 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 received a grant of $109,828 from the 2003-2004 Byrne Memorial Grant - Michigan Office of Drug Control Policy for the Pontiac Instep Grant, which is a 28% variance or $43,026 less than the application amount. 2. This is a new grant, which replicates the success of the Waterford Instep Program, a community-based central juvenile diagnostic program used to supplement existing services. 3. This grant supports the InStep project of employing the "Say It Straight" method and training in this area in order to reduce and prevent the risk of destructive behaviors such as alcohol, tobacco, and other drug use. Also it tries to avert violence, school drop-out, teen pregnancy, behaviors leading to HIV/AIDS along with promotion of wellness, personal and social responsibility, positive self-esteem and positive relationships. 4. The grant would support two (2) full time Community Corrections Specialist II positions, supplies, materials, and subcontractors to administer the program. 5. The County is expected to incur $3,504 in administration and support costs, which have been included in the FY 2004 budget. This grant does not allow for the recovery of those costs. 6. The total cost of the program is $146,438, with $36,610 (25%) of the cost in grant match from the County's General Fund and $109,828 (75%) in from the Byrne Memorial Grant Fund. 7. Two amendments to the special revenue budget, Attachment "A" and "B" are requested to reflect the new grant award for FY 2004. 8. A budget amendment is recommended to transfer the grant match funds to the Community Corrections grant match line item as follows: General Fund FY 2004 Expenditures 90-290000-25000-2872 Non-Dept. - Grant Match ($36,610) 17-402200-70001-2872 Community Corr - Grant Match $36,610 $ -0- FINANCE COMMITTEE (The vote for this motion appears on 581.) *MISCELLANEOUS RESOLUTION #03316 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: CIRCUIT COURT FAMILY DIVISION – FISCAL YEAR 2004 BYRNE GRANT PROGRAM – FROM THE MICHIGAN OFFICE OF DRUG CONTROL POLICY – CONTRACT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Department of Community Health, Office of Drug Control Policy has awarded grant funding to the Circuit Court Family Division in the amount of $274,378 with a grant period of October 1, 2003 through September 30, 2004; and WHEREAS the Circuit Court Family Division Juvenile Drug Court program has received continuation funding to deal with the problems of increasing juvenile recidivism, increasing use of alcohol and illegal drugs, and rising systems costs; and WHEREAS the Circuit Court Family Division Juvenile Drug Court is currently funded by the Byrne Memorial Drug Court Grant, and partly by the State Court Administrative Office (SCAO) grant; and Commissioners Minutes Continued. November 20, 2003 571 WHEREAS the Circuit Court Family Division Juvenile Drug Court, was awarded $274,378 which includes a 40% match of $109,500 to be funded by SCAO Grant in-kind matching funds including one (1) FTE Community Service Coordinator (35402-9712) SCAO funded in-kind match, and contractual substance abuse treatment services in support of this grant, requiring no General Fund/General Purpose funds; and WHEREAS continuation funding is for one (1) FTE Youth and Family Caseworker II (35402-09835) and one (1) PTNE Technical Aide (35402-09836; and WHEREAS Miscellaneous Resolution #90004 established a fiscal policy to maintain proportionate funding for Federal, State and Private grants; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process and the Board of Commissioners Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts Michigan Department of Community Health, Office of Drug Control Policy grant, in the amount of $274,378 which includes $164,878 from the State and $109,500 as local match, which is funded from a pending concurrent FY 2004 grant from the State Court Administrators Office (SCAO). BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the contract agreement and that the chairperson may approve amendments and extensions up to fifteen (15%) percent variance from the award, consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant is conditioned upon continued interpretation of the contract consistent with the February 6, 2001, letter from the Michigan Supreme Court, State Court Administrative Office, providing that assurance #4 of the grant application shall not be construed as a mandate for future funding of the program from the funding unit, said letter attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that the SCAO Grant award will be used as matching dollars for the Byrne Memorial Grant, per approval of the State Court Administrator’s Office. BE IT FURTHER RESOLVED one (1) FTE Circuit Court Youth and Family Caseworker II (35402-09835), and one (1) PTNE Technical Aide (35402-09836) position be continued. BE IT FURTHER RESOLVED that continuation of the positions associated with this grant is contingent upon continuation of State funding. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Contract Review – Circuit Court Family Division, Grant Agreement Between MI Department of Community Health and 6th Circuit Court – Family Division, Attachments 1, 2, 3, 4, 5, 6 and Attachment A on file in County Clerk’s office. FISCAL NOTE (MISC. #03316) BY: Finance Committee, Chuck Moss, Chairperson IN RE: CIRCUIT COURT FAMILY DIVISION – FISCAL YEAR 2004 BYRNE GRANT PROGRAM – FROM THE MICHIGAN OFFICE OF DRUG CONTROL POLICY – CONTRACT 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 Circuit Court Family Division has received a grant from the Michigan Department of Community Health, Office of Drug Control Policy in the amount of $274,378, providing funding for a grant period of October 1, 2003 through September 30, 2004. 2. The contract award is for $274,378 including $164,627 in State funds and $109,751 in Local match. 3. The Local match of $109,751 is met by the 2004 SCAO grant, requiring no General Fund/General Purpose funds. 4. Should the SCAO grant used as match for this Byrne Grant not be awarded, Byrne Grant expenditures must be reduced to the level of the Byrne Grant awarded. 5. The grant award includes the continued funding of one (1) Special Revenue full-time eligible (FTE) Youth and Family Caseworker II position (#35402-09835) and (1) Special Revenue part-time non- eligible (PTNE) Technical Aide position (#35402-09836), and contracted services of $75,300. Commissioners Minutes Continued. November 20, 2003 572 6. An amendment to the FY 2004 Budget is recommended as follows to accept the continuation of funding from the Byrne Memorial Grant, to the Circuit Court Family Division - Juvenile Drug Court grant: Special Revenue Fund 279 FY 2004 Revenue 1-35-279-100692-28000-0171 Grants-State $164,627 $164,627 Expenditures 2-35-279-200612-28000-2001 Salaries $ 67,227 2-35-279-200612-28000-2075 Fringe Benefits $ 22,100 2-35-279-200612-28000-2560 Consultant $ 75,300 $164,627 FINANCE COMMITTEE (The vote for this motion appears on 581.) *MISCELLANEOUS RESOLUTION #03317 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: CIRCUIT COURT/FRIEND OF THE COURT – FISCAL YEAR 2004 COOPERATIVE REIMBURSEMENT PROGRAM (CRP) CONTRACT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Family Independence Agency, Office of Child Support has approved the Oakland County Friend of the Court’s Fiscal Year 2003 Title IV-D Cooperative Reimbursement Program (CRP) Contract, effective October 1, 2003 through September 30, 2004; and WHEREAS the Fiscal Year 2004 Title IV-D program totals $10,392,450 of which $11,305 will be funded by fees collected, the remaining $10,381,145 is funded by the State in the amount of $6,851,556, 66%, the County match is $3,529,589, 34%, in addition there is a contract funded State supplement allocation of $388,995; and WHEREAS the requested County match is budgeted in the General Fund Non-departmental budget, no additional General Fund appropriation is required; and WHEREAS acceptance of this contract does not obligate the County to any future commitment; and WHEREAS the contract has been approved by the County Executive’s Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Fiscal Year 2004 Cooperative Reimbursement Program Contract through September 30, 2004 for the Friend of the Court in the amount of $7,240,551 (Title IV-D program of $6,851,556 and State supplement allocation of $388,995). BE IT FURTHER RESOLVED that final approval from Corporation Counsel is pending a response from the Michigan Family Independence Agency (FIA) regarding the FIA’s obligation in the event it terminates the contract, and incentive payments are approved by FIA. BE IT FURTHER RESOLVED that future levels of service, including personnel, are contingent upon the level of funding from the State for this program. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the reimbursement agreement and to approve amendments and extensions up to fifteen (15%) percent variance from the award, consistent with the agreement as approved. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Contract Review – Friend of the Court, Agreement Between MI Family Independence Agency and Oakland County, Title IV-D Cooperative Reimbursement Contract, and Cooperative Reimbursement Program Application for 2004 Contract, on file in County Clerk’s office. Commissioners Minutes Continued. November 20, 2003 573 FISCAL NOTE (MISC. #03317) BY: Finance Committee, Chuck Moss, Chairperson IN RE: CIRCUIT COURT/FRIEND OF THE COURT – FISCAL YEAR 2004 COOPERATIVE REIMBURSEMENT PROGRAM (CRP) CONTRACT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Michigan Family Independence Agency has awarded the FY 2004 Title IV Cooperative Reimbursement Program (CRP) Contract to the Oakland County Friend of the Court, for the period of October 1, 2003 through September 30, 2004. 2. The grant provides Title IV-D funding to continue the Friend of the Court/Cooperative Reimbursement Program in the amount of $10,392,450 of which $11,305 will be funded by fees collected, the remaining $10,381,145 is funded by the State in the amount of $6,851,556 (66%), the County match is $3,529,589 (34%), in addition there is a contract funded State supplement allocation of $388,995. 3. The amount of the grant award is $7,240,551, comprised of $6,851,556 in Title IV-D program funding, and $388,995 in State supplemental funding, the County match of $3,529,589 is budgeted in the General Fund Non-departmental. 4. A budget amendment is recommended to transfer the grant match funds to the Circuit Court’s grant match line item as follows: General Fund FY 2004 Expenditures 90-290000-25000-2872 Non-Dept. – Grant Match ($3,529,589) 35-230000-11000-2872 Circuit Ct. – Grant Match $3,529,589 $ -0- FINANCE COMMITTEE (The vote for this motion appears on 581.) *MISCELLANEOUS RESOLUTION #03318 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: PROSECUTING ATTORNEY – FISCAL YEAR 2004 COOPERATIVE REIMBURSEMENT PROGRAM (CRP) CONTRACT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Family Independence Agency of the State of Michigan has awarded the Office of the Prosecuting Attorney funding in the amount of $2,039,823 for the period October 1, 2003 through September 30, 2004; and WHEREAS this is the 31st year of grant acceptance for this program; and WHEREAS the Federal contribution is $1,346,283 (66%), the County contribution is $622,357 (30.51%), and the State supplement is $71,183 (3.49%); and WHEREAS the required County match of $622,357 has been included in the FY 2004 Adopted Budget; and WHEREAS this grant includes continued funding for 24 positions, as follows: one (1) Chief (#41201- 2946), one (1) Legal Secretary (#41201-2932), one (1) Office Supervisor (#41201-979), three (3) Assistant Prosecutors (#41201-2052, #41201-2492, #41201-7046), three (3) Prosecutor Investigators (#41201-1002, #41201-1847, #41201-9646, four (4) Support Specialists (#41201-916, #41201-4690, #41201-6388, #41201-7379), and eleven (11) Office Assistants (#41201-361, #41201-514, #41201-2160, #41201-2612, #41201-3224, #41201-3366, #41201-4691, #41201-4692, #41201-5412, #41201-7045, #41201-7380); and WHEREAS acceptance of this contract does not obligate the County to any future commitment; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process and the Board of Commissioners Grant Acceptance Procedures. Final approval from Corporation Counsel is pending a response from the Family Independence Agency (FIA) regarding changes to the contract language. Commissioners Minutes Continued. November 20, 2003 574 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the contract renewal for the Prosecuting Attorney's Cooperative Reimbursement Program in the total amount of $2,039,823 for the period of October 1, 2003 through September 30, 2004. BE IT FURTHER RESOLVED that future level of service, including personnel, will be contingent upon the level of funding available from the State for this program. BE IT FURTHER RESOLVED that amendments be made to the Prosecuting Attorney’s grant budget to reflect the changes in the award as detailed in Attachment A. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the contract agreement and to approve amendments and extensions up to fifteen (15%) percent variance from the award, consistent with the original agreement as approved. 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 Family Support, Fiscal Year 2004 Title IV-D Cooperative Reimbursement Program Application for 2004 Contract, Title IV-D Cooperative Reimbursement Contract, and Agreement between MI Family Independence Agency and Oakland County on file in County Clerk’s office. FISCAL NOTE (MISC. # 03318) BY: Finance Committee, Chuck Moss, Chairperson IN RE: PROSECUTING ATTORNEY – FISCAL YEAR 2004 COOPERATIVE REIMBURSEMENT PROGRAM (CRP) CONTRACT 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 Prosecuting Attorney is requesting the acceptance of the FY 2004 Cooperative Reimbursement Program Grant. This is the 31st year of grant acceptance. 2. The grant award of $2,039,823 is $89,929 (4.61%) greater than the current award. The Federal contribution is $1,346,283 (66%), the County match is $622,357 (30.51%), and the State supplement is $71,183 (3.49%). 3. In addition to the County match requirements, the County is expected to incur $91,490 in administrative and support costs, which have been included in the FY 2004 budget. This grant allows for recovery of those costs. 4. An amendment is recommended to the Prosecuting Attorney's Cooperative Reimbursement Program Grant budget as shown in Attachment A. 5. The grant match amount of $622,357 is included in the FY 2004 Adopted Budget Non- departmental grant match line item. 6. A budget amendment is recommended to transfer the grant match funds to the Prosecuting Attorney's grant match line item as follows: General Fund FY 2004 Expenditures 90-290000-25000-2872 Non-Dept. - Grant Match ($622,357) 41-211000-43200-2872 Prosecutor - Grant Match $622,357 $ -0- FINANCE COMMITTEE (The vote for this motion appears on 581.) Commissioners Minutes Continued. November 20, 2003 575 *MISCELLANEOUS RESOLUTION #03319 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: PROSECUTING ATTORNEY, SHERIFF - FISCAL YEAR 2004 BYRNE MEMORIAL GRANT - SHERIFF NARCOTICS ENFORCEMENT TEAM (NET) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Department of Community Health has awarded the Prosecuting Attorney and Sheriff funding for the Sheriff Narcotics Enforcement Team (NET); and WHEREAS the grant funding is for the period of October 1, 2003 through September 30, 2004, in the amount of $722,872; and WHEREAS the state contribution is $361,436 (50%) and the County grant match $361,436 (50%); and WHEREAS the required County match of $361,436 has been included in the FY 2004 Adopted Budget; and WHEREAS the grant will fund three (3) SR Assistant Prosecutor positions (#41201-6386, #41201-7207, #41201-7959) in the Prosecuting Attorney’s office and two (2) SR Sergeant positions (#43920-9829, #43920-9830), one (1) SR Deputy II (position #43920-9831), and one (1) SR Office Assistant II (position #43920-7960) in the Sheriff Department/Technical Services division; and WHEREAS this grant award has been processed through the County Executive’s Contract Review Process and the Board of Commissioners Grant Application Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts this grant award, for the period October 1, 2003 through September 30, 2004, in the amount of $722,872 for the Sheriff NET grant which includes $361,436 State allocation and $361,436 in County grant match. 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, with fifteen percent (15%) of the original award, which are consistent with the original application as approved. BE IT FURTHER RESOLVED that continuation of this program, including 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 – Sheriff’s Department, Grant Agreement Between MI Department of Community Health and Oakland County Sheriff’s Department, Attachment 1, 2, 3, 4, 5, 6, 7, and 8 on file in County Clerk’s office. FISCAL NOTE (MISC. #03319) BY: Finance Committee, Chuck Moss, Chairperson IN RE: PROSECUTING ATTORNEY, SHERIFF – FISCAL YEAR 2004 BYRNE MEMORIAL GRANT - SHERIFF NARCOTICS ENFORCEMENT TEAM (NET) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced Resolution and finds: 1. The Prosecuting Attorney and Sheriff are requesting the acceptance of the FY 2004 Byrne Memorial Grant for the Sheriff Narcotics Enforcement Team (NET). 2. The grant award of $722,872 is for the period of October 1, 2003 through September 30, 2004. 3. The State contribution is $361,436 (50%) and the County grant match is $361,436 (50%), which is included in the FY 2004 Adopted Budget Non-departmental grant match line item. 4. In addition to the County match requirements, the County is expected to incur $49,669 in administrative and support costs, which have been included in the FY 2004 budget. This grant does not allow for recovery of those costs. 5. Acceptance of this grant does not obligate the County to future commitments and continuation as stated is contingent upon future grant funding. 6. An amendment is recommended to the Prosecuting Attorney and Sheriff Departments' grant budgets as shown on Attachment A. Commissioners Minutes Continued. November 20, 2003 576 7. A budget amendment is recommended to transfer the grant match funds to the Prosecuting Attorney and Sheriff grant match line items as follows: General Fund FY 2004 Expenditures 90-290000-25000-2872 Non-Dept. - Grant Match ($361,436) 41-211000-41900-2872 Prosecutor - Grant Match $182,500 43-023901-44600-2872 Sheriff - Grant Match 178,936 $ -0- FINANCE COMMITTEE (The vote for this motion appears on 581.) MISCELLANEOUS RESOLUTION #03320 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: PROSECUTING ATTORNEY, SHERIFF – FISCAL YEAR 2004 BYRNE MEMORIAL GRANT – CHIRLD ABUSE GRANT ACCEPTANCE To the Oakland County Board of Commissioners WHEREAS the Michigan Department of Community Health has awarded the Prosecuting Attorney and Sheriff funding for the Child Abuse Special Unit; and WHEREAS the State contribution is $106, 136 (50%) and the County grant match is $106,136 (50%); and WHEREAS the required County match of $106,136 has been included in the FY 2004 Adopted Budget; and WHEREAS the grant will fund one (1) SR Assistant Prosecutor IV (position #09833) in the Prosecuting Attorney’s office and one (1) SR Sergeant position (#09832) in Sheriff Department/Technical Services/Admin. to work with the Prosecutor’s Child Abuse Task Force; and WHEREAS this grant award has been processed through the County Executive’s Contract Review Process and the Board of Commissioners Grant Application Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts this grant award, for the period October 1, 2003, through September 30, 2004, in the amount of $212,272 for the Child Abuse Unit, which includes $106,136 State allocation and $106,136 in County grant match. 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, with fifteen percent (15%) of the original award, which are consistent with the original application as approved. BE IT FURTHER RESOLVED that continuation of this program, including 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 the County of Oakland Prosecuting Attorney, Attachments 1, 2, Program Budget Summary Byrne Memorial Formula and Local Law Enforcement Block Grant FY 2003-3004, Program Budget Cost Detail, Attachments 4, 5, 6, 7, and 8 on file in County Clerk’s office. FISCAL NOTE #03320 BY: Finance Committee, Chuck Moss, Chairperson IN RE: PROSECUTING ATTORNEY, SHERIFF – FISCAL YEAR 2004 BYRNE MEMORIAL GRANT – CHILD ABUSE GRANT ACCEPTANCE To the Oakland County Board of Commissioners Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced Resolution and finds: 1. The Prosecuting Attorney and Sheriff are requesting the acceptance of the FY 2004 Byrne Memorial Grant for the Child Abuse Special Unit. 2. The grant award of $212,272 is for the period of October 1, 2003 through September 30, 2004. Commissioners Minutes Continued. November 20, 2003 577 3. The State contribution is $106,136 (50%) and the County grant match is $106,136 (50%), which is included in the FY 2004 Adopted Budget Non-departmental grant match line item. 4. In addition to the County match requirements, the County is expected to incur $15,519 in administrative and support costs, which have been included in the FY 2004 budget. This grant does not allow for recovery of those costs. 5. An amendment is recommended to the Prosecuting Attorney and Sheriff Departments’ grant budgets as shown in Attachment A. 6. A budget amendment is recommended to transfer the grant match funds to the Prosecuting Attorney and Sheriff grant match line items as follows: General Fund FY 2004 Expenditure 90-290000-25000-2872 Non-Dept. – Grant Match ($106,136) 41-211000-41800-2872 Prosecutor – Grant Match $ 59,985 43-023901-44400-2872 Sheriff – Grant Match 46,151 $ -0- FINANCE COMMITTEE (The vote for this motion appears on 581.) *MISCELLANEOUS RESOLUTION #03321 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: SHERIFF’S OFFICE - AUTHORIZATION FOR SALE OF RECOVERED AND STOLEN PROPERTY FOR ON-LINE AUCTION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the provisions of Act 54 of the Public Act of 1959, as amended, requires board authorization for the disposal of recovered and stolen property that has been unclaimed for six (6) months; and WHEREAS the Department of Central Services has the ability to auction items on-line for the County of Oakland; and WHEREAS the Sheriff of Oakland County is requesting the authority of the Oakland County Board of Commissioners to proceed with the sale of items, when appropriate, for auction on-line; and WHEREAS the Sheriff will provide a list of sold items to the Board of Commissioners twice a year when the Sheriff requests the authorization for the Spring and Fall auction. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the Sheriff of Oakland County to dispose of unclaimed property in the manner prescribed in Act 54 of the Public Acts of 1959, as amended. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE (The vote for this motion appears on 581.) *MISCELLANEOUS RESOLUTION #03322 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: SHERIFF'S DEPARTMENT – FISCAL YEAR 2003/2004 SECONDARY ROAD PATROL GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution #98246, the Sheriff Department applied to the Michigan Department of State Police - Office of Highway Safety Planning for $1,173,010 in grant funding from Public Act 416 to conduct secondary road patrol activities for the period October 1, 2003 through September 30, 2004; and WHEREAS the Michigan Department of State Police - Office of Highway Safety Planning has awarded Oakland County with a grant in the amount of $1,173,010, which is a 11.96% increase over the 2002/2003 award; and Commissioners Minutes Continued. November 20, 2003 578 WHEREAS the attached schedule shows the total award contributed by the State is 100% with no County Match requirement; and WHEREAS the staffing level is the same as the 2002/2003 program year and no personnel changes were requested with the 2003/2004 grant award with funding covering eight (8) Deputy II positions (#1539, #2572, #2957, #3114, # 3324, #7327, #7501 and #9191) and two (2) Sergeant positions (#7790 and #9982) located in Division 436 Unit 30; and WHEREAS acceptance of this grant does not obligate the County to any future commitment. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the 2003/2004 Public Act 416 Secondary Road Patrol Grant from the State of Michigan Department of State Police in the amount of $1,173,010. BE IT FURTHER RESOLVED that the Chairperson of the Board is authorized to sign the grant agreement and to approve grant modifications and extensions, within fifteen (15) percent of the original award, consistent with the grant agreement approved. BE IT FURTHER RESOLVED that the future level of service, including personnel, is contingent upon the continued grant funding for this program. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Contract Review – Sheriff’s Department, and Office of Highway Safety Planning Secondary Road Patrol and Accident Prevention Program Contract on file in County Clerk’s office. FISCAL NOTE (MISC. #03322) BY: Finance Committee, Chuck Moss, Chairperson IN RE: SHERIFF'S DEPARTMENT - FISCAL YEAR 2003/2004 SECONDARY ROAD PATROL GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Michigan Department of State Police Office of Highway Safety Planning awarded Oakland County a grant in the amount of $1,173,010 for the period October 1, 2003 through September 30, 2004. The award represents an 11.96% increase from FY 2002/2003 per attached Schedule A. 2. No County match is required. 3. Indirect Costs are an allowable and recoverable expenditure (Value equals $59,294). However, there was not sufficient State funds available to recover these costs. 4. Staffing level is the same as FY 2002/2003 program year and no personnel changes were requested with the 2003/2004 grant award. 5. A budget amendment is recommended to the Fiscal Year 2004 Special Revenue Budget as follows: Law Enforcement Grants- Fund 272 FY 2004 Revenue 43-272-680600-32100-017 Grants State $1,173,010 Expenditures 43-272-680601-32100-2001 Salaries $ 603,813 43-272-680601-32100-2002 Overtime 100,000 43-272-680601-32100-2074 Fringe Benefits 353,615 43-272-680601-32100-6660 Radio Comm. 13,862 43-272-680601-32100-6661 Motor Pool 101,760 $1,173,010 $ -0- FINANCE COMMITTEE (The vote for this motion appears on 581.) Commissioners Minutes Continued. November 20, 2003 579 *MISCELLANEOUS RESOLUTION (#03323) BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: SHERIFF DEPARTMENT – FISCAL YEAR 2003 STATE CRIMINAL ALIEN ASSISTANCE PROGRAM - REIMBURSEMENT AWARD ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the US Department of Justice, Bureau of Justice Assistance has awarded Oakland County expenditure reimbursement funding in the amount of $57,044, with a County match of $-0- under the federal Fiscal Year 2003 State Criminal Alien Assistance Program - Reimbursement Award; and WHEREAS this award and total program amount of $57,044 is the same amount as authorized by U.S. Department of Justice, Bureau of Justice Assistance for reimbursement as described in attached Schedule A; and WHEREAS Oakland County has met the federal requirements necessary to accept the award; and WHEREAS Oakland County's program for Fiscal Year 2003 State Criminal Alien Assistance Program is to receive reimbursement of Correction Officers regular salaries and associated fringe benefits (based on a prescibed formula) for those officers directly involved in the care and maintenance of alien inmates housed in the Oakland County Jail system; and WHEREAS the reimbursement will cover the period July 1, 2001 through June 30, 2002; and WHEREAS the reimbursement agreement has been processed through the County Executive Contract Review and the Board of Commissioners' Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accept the reimbursement award and approve the fiscal year 2003 State Criminal Alien Assistance Program - Reimbursement Award (SCAAP) funding from the U.S. Department of Justice, Bureau of Justice Assistance in the amount of $57,044. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioner is authorized to execute the reimbursement agreement and to approve any reimbursement extensions or changes, within fifteen percent (15%) of the original award, and to authorize reimbursement drawdown which is consistent with the original agreement as approve. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Contract Review – Sheriff’s Department Memo from the SCAAP Program Team, and 2003 SCAAP Results on file in County Clerk’s office. FISCAL NOTE (MISC. #03323) BY: Finance Committee, Chuck Moss, Chairperson IN RE: SHERIFF'S DEPARTMENT- FISCAL YEAR 2003 STATE CRIMINAL ALIEN ASSISTANCE PROGRAM - REIMBURSEMENT AWARD ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Oakland County Sheriff's Department wishes to accept FY 2003 State Criminal Alien Acceptance Program reimbursement funds from the U. S. Department of Justice, Bureau of Justice Assistance in the amount of $57,044, with no County Match required. 2. The funding would cover the salaries and fringe benefits (based upon a prescribed formula) for those Correction Officers directly involved in the care and maintenance of alien inmates housed in the Oakland County Jail system. 3. The FY 2003 Funding represents a 77.00% reduction from FY 2002 funding $250,234. The FY 2003 award has been recorded as accounts receivable as of September 30, 2003. 4. No budget amendment is required for FY 2004. FINANCE COMMITTEE (The vote for this motion appears on 581.) Commissioners Minutes Continued. November 20, 2003 580 *MISCELLANEOUS RESOLUTION #03324 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS - APPLICATION/ACCEPTANCE FOR 2003 ODP STATE HOMELAND SECURITY ASSESSMENT AND STRATEGY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS funding was released under the Office of Domestic Preparedness State Homeland Security Grant Program Part II to support local jurisdictions with the established emergency management programs for activities associated with the completion of the 2003 ODP State Homeland Security Assessment and Strategy (SHSAS); and WHEREAS local jurisdictions are required to conduct assessments to assist the state of Michigan in developing a homeland security strategy that focuses on new approaches, organization, and procedures for preventing terrorist use of nuclear weapons, detecting chemical and biological materials and attacks, and improving response capabilities; and WHEREAS the Michigan State Police Emergency Management Division is requiring information from the emergency management programs regarding local risk, vulnerable areas, threats, and equipment shortfalls; and WHEREAS the Michigan State Police Emergency Management Division (MSP EMD) allocated funds for the project based on a tiered scale; and WHEREAS funds will be distributed to Oakland County for expenses up to, but not exceeding $20,000; and NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accept the grant funding from the State of Michigan in an amount up to $20,000. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Contract Review – Emergency Response and Preparedness letter from State of Michigan Department of State Police and 2003 State Homeland Security Grant Program State Homeland Security Assessment and Strategy Grant Agreement on file in County Clerk’s office. FISCAL NOTE (MISC. #03324) BY: Finance Committee, Chuck Moss, Chairperson IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS – APPLICATION/ ACCEPTANCE FOR 2003 ODP STATE HOMELAND SECURITY ASSESSMENT AND STRATEGY 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 Office of Domestic Preparedness State Homeland Security Grant Program Part II released funding in the amount not to exceed $20,000 for reimbursement of initiatives in analyzing vulnerabilities. 2. The Oakland County Emergency Response and Preparedness unit received notice that the Michigan State Police Emergency Management Division allocated funds for the project based on a tiered scale. 3. Oakland County established emergency management programs to assist the State of Michigan in developing a homeland security strategy which focuses on new approaches and procedures for preventing terrorist attacks and improving response capabilities 4. The grant period is July 1, 2003 through October 31, 2003. 5. The following budget amendment is recommended to the FY 2004 Budget to recognize the revenues and expenses of 2003 ODP State Homeland Security Assessment and Strategy. Commissioners Minutes Continued. November 20, 2003 581 General Fund 101 FY 2004 Revenue 1-11-101-101111-65001-0113 Federal Grant Revenue $ 20,000.00 Expenditure 2-90-101-290000-27030-2564 Budget Task $ 20,000.00 $ -0- FINANCE COMMITTEE (The vote for this motion appears on 581.) *MISCELLANEOUS RESOLUTION #03325 BY: Public Service Committee, Hugh D. Crawford, Chairperson IN RE: COUNTY EXECUTIVE – EMERGENCY RESPONSE AND PREPAREDNESS – AUTHORIZING RESOLUTION FOR MICHIGAN EMERGENCY MANAGEMENT ASSISTANCE COMPACT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan Emergency Management Act, Act 390 of the Public Acts of 1976, as amended M.C.L. 30.401 et.seq., authorizes the State and its political subdivisions to provide emergency aid and assistance in the event of a disaster or emergency; and WHEREAS the statutes also authorize the State to coordinate the provision of any equipment, services, or facilities owned or organized by the State or its political subdivisions for use in the affected area upon request of the duly constituted authority of the area; and WHEREAS this Resolution authorizes the request, provision, and receipt of interjurisdictional, mutual assistance in accordance with the Emergency Management Act, Act 390 of the Public Acts of 1976, as amended among political subdivisions within the State. NOW THEREFORE BE IT RESOLVED by the Oakland County Board of Commissioners that in order to maximize the prompt, full and effective use of resources of all participating governments in the event of an emergency or disaster we hereby adopt the Michigan Emergency Management Assistance Compact which is attached hereto and incorporated by reference. PUBLIC SERVICES COMMITTEE Copy of Michigan Emergency Management Assistance Compact, Attachments A, B, C, D, and E on File in County Clerk’s office. Vote on resolutions on the Consent Agenda: AYES: Bullard, Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, Kowall, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack. (25) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda, were adopted (with accompanying reports being accepted). MISCELLANEOUS RESOLUTION #03326 BY: Finance Committee, Chuck Moss, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET – INTEGRATED E-FINANCIAL SYSTEM PROJECT - APPROPRIATION FOR IMPLEMENTATION PHASE I To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS on March 14, 2002, the Board of Commissioners adopted Miscellaneous Resolution #02043 authorizing acquisition of PeopleSoft licenses thereby enabling commencement of the Integrated E- Financial System Project, components of which are to include e-procurement, enhanced time and labor reporting, project costing, an Internet portal for on-line payment, and activity based management, budgeting and financial reporting; and WHEREAS Miscellaneous Resolution #02043 appropriated $2.9 million in support of the analysis, acquisition and selection component of the Integrated E-Financial System Project; and Commissioners Minutes Continued. November 20, 2003 582 WHEREAS a rigorous competitive bidding process was utilized to execute the directives of Miscellaneous Resolution #02043 and resulted in the selection of the eVerge Group and Accenture to assist in the implementation phases of the Integrated E-Financial System Project; and WHEREAS at the County's direction, the eVerge Group has performed a gap analysis and conducted extensive implementation and resource planning to identify and refine the tasks necessary to implement the County’s required software functionality, key business processes, reporting, and software configurations; and WHEREAS Phase I of the Integrated E-Financial System Implementation Project has four (4) components that are more cost-effectively implemented together rather than separately. These four Phase I implementation components include the Data Privacy/Security Technologies Implementation, the Time & Labor System Implementation, the Human Resources Self-service Implementation, and the Human Resources System Enhancements Implementation; and WHEREAS data privacy, security, and centralized administration are of critical importance to the integrity and reliability of the County’s computer infrastructure and electronic information and must be given the highest priority; and WHEREAS the eVerge Group proposes to execute the Time & Labor System Implementation, the Human Resources Self-service Implementation, and the Human Resources System Enhancements Implementation components of Phase I of the Integrated E-Financial System Implementation Project at a cost of $1,519,417; and WHEREAS Accenture proposes to implement the Data Privacy/Security Technologies Implementation component of Phase I of the Integrated E-Financial System Implementation Project at a cost of $751,000; and WHEREAS Phase I implementation hardware, software, IT and Fiscal Services resources, contingency, and project management costs are estimated to total $2,679,617 (detail provided in attached Schedule 1); and WHEREAS estimated total Implementation Phase I costs equal $4,950,034; and WHEREAS funds in the amount of $554,222 remain from the appropriation authorized in Miscellaneous Resolution #02043 and are available for transfer to cover a portion of Phase I of the Integrated E- Financial System Implementation Project cost, leaving a need for $4,395,812; and, WHEREAS in the Fiscal Year 2002 Year End Report and Budget Amendments, Miscellaneous Resolution #02319, adopted December 12, 2002, the Board of Commissioners approved a designation of $5,000,000 for Financial/HR Upgrades, a portion of which is now known as the Integrated E-Financial System Project. These funds are recommended to be re-designated in the FY 2003 Year End Report and are available for appropriation to cover a portion of the estimated Phase I implementation costs; and WHEREAS the FY 2003 Year End Report will recommend a $3,000,000 designation to support Data Privacy and Security and these funds are also available for appropriation to cover a portion of the Phase I implementation cost; and WHEREAS the Integrated E-Financial System Project optimally requires implementation of two additional Phases, currently planned for execution over the next two or three fiscal years. Phases II and III carry estimated costs of $6,089,386 and $3,946,623 respectively; and WHEREAS a detailed Return on Investment (ROI) analysis for the entire Integrated E-Financial System Project indicates that timely completion of all three phases of project implementation should result in a 6 year payback on the County's total investment; and WHEREAS in recognition of the State of Michigan's budgetary challenges and their unknown effect on future Oakland County budgets, execution of the Integrated E-Financial System Project has been split into three Phases, each of which, standing alone, provides critical functionality to governmental operations and value to County taxpayers; and WHEREAS this resolution is designed to support Phase I of the Integrated E-Financial System Implementation Project. It neither commits the County to the funding or execution of Phases II or III of the Project nor requires the execution of Phases II or III to be a successful, value-added endeavor; and WHEREAS it is recommended that a Major Departmental Support Projects Fund be established to account for the expenditures related to this and other departmental support projects with estimated aggregate expenditures over $5,000,000. Upon closeout of a particular major project unspent project monies will be re-designated by the Board of Commissioners. Commissioners Minutes Continued. November 20, 2003 583 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes an appropriation of $2,895,812 from the Designated Fund Balance for the E-Financial System implementation (general ledger account #9407-092000); and $1,500,000 from the Designated Fund Balance for Data Privacy and Security (general ledger account #9407-107000) to fund Phase I of the E- Financial System implementation. BE IT FURTHER RESOLVED that the appropriation be transferred to a new capital projects fund titled “Major Departmental Support Projects Fund.” BE IT FURTHER RESOLVED that the FY 2004 Budget be amended, as specified below: GENERAL FUND Revenue 90-190000-14000-1582 Planned Use of Fund Balance $4,395,812 Expenditures 90-xxxxxx-98436-8001 Transfer to Maj. Dept. Supt. $4,395,812 $ -0- BE IT FURTHER RESOLVED that the remaining $554,222 appropriated pursuant to Miscellaneous Resolution #02043 in support of the Integrated E-Financial System Project be transferred from the Information Technology Fund to the Major Departmental Support Projects Fund to help fund Phase I of the E-Financial System implementation. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Schedule 1 on file in County Clerk’s office. The Chairperson referred the resolution to the General Government Committee and Personnel Committee. There were no objections. REPORT (MISC. #03300) BY: General Government Committee, William R. Patterson, Chairperson IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR SENATE BILLS 672, 673, 674 AND HOUSE BILLS 5041 AND 5042 REMOVING EMPLOYER-BASED HEALTH CARE COSTS FROM THE SINGLE BUSINESS TAX (SBT) CALCULATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #03300 on November 3, 2003, reports with a recommendation 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 #03300 BY: Greg Jamian, District #16 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR SENATE BILLS 672, 673, 674 AND HOUSE BILLS 5041 AND 5042 REMOVING EMPLOYER-BASED HEALTH CARE COSTS FROM THE SINGLE BUSINESS TAX (SBT) CALCULATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in the State of Michigan 1.1 million residents are without health care insurance; and WHEREAS due to the spiraling cost of health care insurance resulting in a proportionate rise in Single Business Tax, many companies can no longer afford to provide health care benefits to employees and their families; and WHEREAS the health care cost factor in the calculation of Single Business Tax (SBT) is a disincentive for companies to provide health care coverage for employees and their families; and WHEREAS many companies are dropping health coverage due to the inequitable tax that penalizes companies for providing health care benefits to employees and their families; and Commissioners Minutes Continued. November 20, 2003 584 WHEREAS Senate Bills 672, 673, and 674, along with House Bills 5041 and 5042, have been introduced into the Michigan Legislature that would remove the health care cost factor from the Single Business Tax, making Michigan a more competitive state to do business in; and WHEREAS This will result in saving business approximately $15.8 million in the first year alone while creating additional incentives for businesses to offer increased benefit packages, hire additional workers and make capital investments; and WHEREAS the Oakland County Board of Commissioners supports an environment where businesses can afford to grow while providing health care benefits to employees and their families. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners urges the Michigan Legislature to enact Senate Bills 672, 673, 674 and House Bills 5041 and 5042. BE IT FURTHER RESOLVED that copies of this Resolution be sent to Oakland County’s Representatives and Senators in the Michigan Legislature. Chairperson, we move adoption of the foregoing resolution. GREG JAMIAN, THOMAS MIDDLETON, HUGH CRAWFORD, THOMAS LAW, MICHAEL ROGERS, DAVID MOFFITT, PETER WEBSTER, CHUCK MOSS, CHARLES PALMER, EILEEN KOWALL, ERIC WILSON, BILL BULLARD, TOM McMILLIN, MARTIN KNOLLENBERG Moved by Patterson supported by Jamian the resolution be adopted. Moved by Patterson supported by Scott the General Government Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Discussion followed. Vote on resolution: AYES: Crawford, Douglas, Gregory, Jamian, Knollenberg, Kowall, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard, Coleman. (23) NAYS: Coulter, Hatchett. (2) A sufficient majority having voted therefore, the resolution was adopted. MISCELLANEOUS RESOLUTION #03327 BY: General Government Committee, William R. Patterson, Chairperson IN RE: HOUSE BILL 4439, OPPOSITION TO IMPLEMENTATION TIME FRAME FOR PHASE I COMPLIANCE FOR WIRELESS E-9-1-1 COMMUNICATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS counties in Michigan have received a distribution from a wireless telephone surcharge since 1999 under a state statute for the purpose of defraying capital and operating costs associated with the compliance of the Federal Telecommunications Act of 1996 (the Act); and WHEREAS the compliance requirements of the Act include, but are not limited to the location of the caller (to be provided in two phases, depending upon the accuracy of the location), telephone number of the caller and other information; and WHEREAS Oakland County is expected to receive approximately $989,000 for fiscal 2003 from the distribution of its share of the surcharge noted above; and WHEREAS the state statute was expected to sunset on December 31, 2003; and WHEREAS the Legislature has taken up HB-4439 involving the extension of the wireless telephone surcharge, compliance with the Act, and other technical and operating matters; and WHEREAS the House is about to pass HB-4439 (H-1), and the Senate will take this bill up during the week of November 3, 2003; and Commissioners Minutes Continued. November 20, 2003 585 WHEREAS the present form of the House Bill requires that counties be compliant with the Phase I requirements of the Act no later than January 31, 2004 (Section 9 of HB-4439); and WHEREAS the Michigan State Police (MSP) receive cellular telephone calls for communities south of M- 59 in Oakland County; and WHEREAS the MSP is not presently compliant with Phase I of the Act and is hoping to become so by January 31, 2004; and WHEREAS should the MSP be unable to comply with the Act’s requirements by January 31, 2004, the County will become ineligible for receipt of these surcharge funds. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners petitions the Legislature to remove the January 31, 2004 time requirements for the Phase I compliance with the Act. BE IT FURTHER RESOLVED that this Miscellaneous Resolution be immediately sent to the Oakland County legislative delegation, the Governor’s Office, and the Colonel of the Michigan State Police. GENERAL GOVERNMENT COMMITTEE Moved by Patterson supported by Crawford the resolution be adopted. AYES: Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, Kowall, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard, Coleman, Coulter. (25) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. MISCELLANEOUS RESOLUTION #03328 BY: Personnel Committee - Thomas F. Middleton, Chairperson IN RE: HUMAN RESOURCES – AUTHORIZE THE COUNTY TO EXTEND THE MEDICAL BENEFITS FOR DEPENDENTS OF EMPLOYEES CALLED TO ACTIVE MILITARY DUTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS as a result of the September 11th act of terrorism against the United States, the Board of Commissioners approved Miscellaneous Resolution #01269 authorizing the County to supplement the military pay for employees called to active military duty; and WHEREAS the County did not pay medical benefits for the employee and employee’s dependents when employees are called to active duty; and WHEREAS those medical benefits extended to dependents by the armed service do not provide for easily accessible services; and WHEREAS Miscellaneous Resolution #01269 also authorized the County to provide, for up to one year, the medical benefits for dependents of employees called to active duty; and WHEREAS employee activation for military service has continued due to military activity occurring in the Middle East; and WHEREAS activation for military service has been generally extended to periods of more than one year; and WHEREAS the one year timeframe was extended through December 31, 2003 by Miscellaneous Resolution #03062; and WHEREAS Oakland County remains committed to supporting the Oakland County employees, who out of commitment to the protection of their country, have dedicated their time and energy to serve as military reservists. NOW THEREFORE BE IT RESOLVED that the medical benefits for dependents of an employee called to active duty be extended for the lesser of either the entire duration the employee is considered to be serving active military duty under the qualifying parameters outlined in Miscellaneous Resolution #01269 or through December 31, 2004. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. Commissioners Minutes Continued. November 20, 2003 586 MISCELLANEOUS RESOLUTION #03329 BY: Personnel Committee, Thomas Middleton, Chairperson IN RE: HUMAN RESOURCES - FISCAL YEAR 2004 WAGE AND BENEFIT REOPENER FOR EMPLOYEES REPRESENTED BY THE MICHIGAN NURSES ASSOCIATION (MNA) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland and the Michigan Nurses Association, have negotiated a Wage and Benefit Reopener for Fiscal Year 2004 for approximately 126 Public Health Nurses; and WHEREAS this agreement provides for 2.0% increase with the pay period beginning September 20, 2003; and WHEREAS this agreement further provides that any additional general wage increase for non- represented employees that may take place during fiscal year 2004, 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 County further agrees to provide the Public Health Nurses with cellular phones, allow for up to two (2) hours off to attend to minor repairs to cars for damage incurred during working hours; and WHEREAS the agreement regarding this wage increase 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 Wage and Benefit reopener agreement between the County of Oakland and the Michigan Nurses Association covering the period of October 1, 2003, through September 30, 2004, 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 Michigan Nurses Association (Public Health Nurses) Fiscal Year 2004 Wage and Benefit Reopener Agreement on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #03330 BY: Personnel Committee, Thomas Middleton, Chairperson IN RE: HUMAN RESOURCES - FISCAL YEAR 2004 WAGE AND BENEFIT REOPENER FOR EMPLOYEES REPRESENTED BY TEAMSTERS LOCAL 214 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland and the Teamsters Local 214, have negotiated a Wage and Benefit Reopener for Fiscal Year 2004 for approximately 17 Staff Nurses; and WHEREAS this agreement provides for 2.0% increase with the pay period beginning September 20, 2003; and WHEREAS this agreement further provides that any additional general wage increase for non- represented employees that may take place during fiscal year 2004, 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 this wage increase has been reduced to writing; and WHEREAS this agreement provides that the health care benefits shall be frozen at current levels for the remainder of the 2001-2004 Collective Bargaining Agreement; 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 Wage and Benefit reopener agreement between the County of Oakland and Teamsters Local 214 covering the period of October 1, 2003, through September 30, 2004, 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 Commissioners Minutes Continued. November 20, 2003 587 Copy of the County of Oakland and Teamsters Local 214 (Jail House Program Nurses) Wage and Benefit Fiscal Year 2004 Agreement on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #03331 BY: Personnel Committee, Thomas Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – HIRING PROCEDURE FOR BOARD OF COMMISSIONERS ADMINISTRATIVE DIRECTOR – PROGRAM AND OPERATIONS ANALYSIS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners will be searching for an Administrative Director – Program and Operations Analysis; and WHEREAS a hiring procedure is important in the search for an individual to fill the post of Administrative Director – Program and Operations Analysis; and WHEREAS a study group comprised of members of the Personnel Committee has spent numerous hours developing a procedure for this purpose; and WHEREAS the study group has received significant input from individual Board of Commissioner members, as well as the Oakland County Human Resources Department, in the Development of a hiring procedure. NOW THEREFORE BE IT RESOLVED that the Board of Commissioner’s Personnel Committee recommends adoption of the attached procedure. Chairperson, on behalf of the Personnel Committee, I move adoption of the foregoing resolution. PERSONNEL COMMITTEE Copy of Attachment #1, Qualifications for Administrative Director – Program and Operations Analysis, and Application for Employment on file in County Clerk’s office. The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #03332 BY: Personnel Committee, Thomas Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – HIRING CRITERIA FOR BOARD OF COMMISSIONERS’ ADMINISTRATIVE DIRECTOR – PROGRAM AND OPERATIONS ANALYSIS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners will be searching for an Administrative Director – Program and Operations Analysis; and WHEREAS the Personnel Committee of the Oakland County Board of Commissioners has been charged with development of the criteria for determining selection in the search of an individual to fill the post of Administrative Director – Program and Operations Analysis; and WHEREAS a study group comprised of members of the Personnel Committee has spent numerous hours developing the criteria for this purpose; and WHEREAS the study group has received significant input from individual Board of Commissioner members, as well as the Oakland County Human Resources Department in the development of a process for weighting the criteria. NOW THEREFORE BE IT RESOLVED that the Board of Commissioner’s Personnel Committee recommends adoption of the attached weighted criteria. Chairperson, on behalf of the Personnel Committee, I move adoption of the foregoing resolution. PERSONNEL COMMITTEE Copy of Criteria System to be followed in the appointment of the Board of Commissioners Administrative Director – Program and Operations Analysis on file in County Clerk’s office. Commissioners Minutes Continued. November 20, 2003 588 The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #03333 BY: Personnel Committee, Thomas Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – DECREASE SALARY RANGE FOR OAKLAND COUNTY BOARD OF COMMISSIONERS' ADMINISTRATIVE DIRECTOR – PROGRAM AND OPERATIONS ANALYSIS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS a recent vacancy has occurred in the Administrative Director – Program and Operations Analysis position; and WHEREAS the current annual salary range for this position is $85,662 to $110,174; and WHEREAS the Board of Commissioners recognizes the budget constraints initiated by the County Executive due to revenue cutbacks by the State of Michigan; and WHEREAS based on a recent review of the position by the Personnel Committee it is recommended the annual salary range be reduced to $85,662 to $99,000. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the following annual salary range for the position of Board of Commissioner's Administrative Director – Program and Operations Analysis: BASE 1 Year 2 Year 3 Year 85,662 90,108 94,554 99,000 Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. *MISCELLANEOUS RESOLUTION #03334 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT/PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION - RESOLUTION APPROVING AUTOMATION ALLEY SMARTZONE COOPERATION AGREEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS P.A. 281of 1986, as amended by P.A. 248 of 2000, authorizes one or more municipalities within the same county to establish a joint authority which may exercise its powers as a certified technology park and to capture taxes from property within the authority area; and WHEREAS the Cities of Southfield and Troy formally established the Automation Alley Joint Local Development Finance Authority on April 24, 2003, and May 5, 2003, respectively pursuant to P.A. 281 of 1986, as amended; and WHEREAS pursuant to Miscellaneous Resolution #03116 of May 8, 2003, the Oakland County Board of Commissioners approved the creation of a Joint Local Development Finance Authority between the City of Southfield and the City of Troy; and WHEREAS the Michigan Economic Development Corporation (MEDC), the City of Rochester Hills and the Local Development Authority of the City of Rochester Hills have entered into a SmartZone Agreement establishing the Rochester Hills Certified Technology Park; and WHEREAS the Rochester Hills Certified Technology Park SmartZone Agreement requires the adoption of a "Cooperative Agreement" between all SmartZone partners; and WHEREAS the partners include the City of Southfield, City of Troy, City of Rochester Hills, Oakland County, Automation Alley, Lawrence Technological University and Oakland University. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the Automation Alley SmartZone Cooperative Agreement between the Automation Alley Joint Local Development Finance Authority, the Local Development Finance Authority of the City of Rochester Hills, Automation Alley, Oakland County, City of Southfield, City of Troy, City of Rochester Hills, Lawrence Technological University and Oakland University. Commissioners Minutes Continued. November 20, 2003 589 BE IT FURTHER RESOLVED that the Board of Commissioners authorizes the Chairperson of the Board of Commissioners to sign the Agreement on behalf of Oakland County. BE IT FURTHER RESOLVED that the County Clerk is hereby directed to provide certified copies of this Resolution to the cities of Southfield, Troy and Rochester Hills. Chairperson, on behalf of the Planning & Building Committee, I move the adoption of the foregoing Resolution. PLANNING AND BUILDING COMMITTEE Copy of Automation Alley Smartzone Cooperative Agreement, and City of Southfield County of Oakland, State of Michigan Resolution to Approve Automation Alley Smartzone Cooperative Agreement on file in County Clerk’s office. FISCAL NOTE (MISC. #03334) By: Finance Committee, Chuck Moss, Chairperson IN RE: COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT/PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION - RESOLUTION APPROVING AUTOMATION ALLEY SMARTZONE COOPERATION AGREEMENT 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 referenced resolution approves the Automation Alley SmartZone Cooperative Agreement between the Automation Alley Joint Local Development Finance Authority, the Local Development Finance Authority of the City of Rochester Hills, Automation Alley, Oakland County, City of Southfield, City of Troy, City of Rochester Hills, Lawrence Technological University and Oakland University. 2. A marketing plan for the Oakland Automation Alley SmartZone has been developed to educate businesses by building awareness of the SmartZone concept and informing them of the benefits of locating or expanding in the Oakland Automation Alley SmartZone. 3. Phase I of the marketing plan (September 2003 – June 2004) initiates the marketing process and includes development of materials for local use including web site, information packet, a limited media and public relations campaign, print advertising, and CD guide. 4. Phases II and III (July – December 2004) incorporate a more comprehensive marketing plan including local, regional, and national advertising, outdoor advertising, direct mail, informational sessions, and media outreach efforts. 5. Costs for the marketing plan will be shared equally by the participants. 6. Oakland County’s share will be $6,800 for Phase I and $18,100 for Phases II and III, or a total of $24,900. 7. Funding is available in the General Fund Contingency Account for transfer to the Community & Economic Development Administration Division’s FY 2004 Budget as follows: From: 90-290000-25000-2564 Contingency ($24,900) To: 19-210000-10000-3172 Membership, Dues, & Publ. 24,900 $ -0- FINANCE COMMITTEE Moved by Palmer supported Coulter the resolution be adopted. Moved by McMillin to amend the resolution to add the following to paragraph (X) on page 3 of the Cooperative Agreement: “Such marketing efforts shall not be used to promote any elected official in print, radio or television.” There being no support therefore, the amendment failed. Commissioners Minutes Continued. November 20, 2003 590 Vote on resolution: AYES: Douglas, Gregory, Hatchett, Jamian, Knollenberg, Kowall, Law, Long, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard, Coleman, Coulter, Crawford. (24) NAYS: McMillin. (1) A sufficient majority having voted therefore, the resolution was adopted. MISCELLANEOUS RESOLUTION #03335 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT/PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION - RESOLUTION APPROVING AMENDMENT TO THE BOUNDARIES OF THE JOINT LOCAL DEVELOPMENT FINANCING AUTHORITY BETWEEN THE CITY OF SOUTHFIELD AND THE CITY OF TROY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS P.A. 281of 1986, as amended by P.A. 248 of 2000, authorizes one or more municipalities located within the same county to establish a joint authority which may exercise its powers as a certified technology park and to capture taxes from property within the authority area; and WHEREAS pursuant to Miscellaneous Resolution #03116, on May 8, 2003, the Oakland County Board of Commissioners approved the creation of a Joint Local Development Finance Authority between the City of Southfield (Southfield) and the City of Troy (Troy); and WHEREAS Southfield and Troy and the Michigan Economic Development Corporation have entered into an agreement that established the boundaries of a certified technology park within Southfield and Troy; and WHEREAS the Planning and Economic Development Services Division has been advised that Southfield seeks to amend the boundaries of the Joint Local Development Finance Authority; and WHEREAS MCL 125.2154(5) permits such boundary amendments pursuant to the same requirements prescribed for adopting the resolution creating the Authority; and WHEREAS MCL 125.2154(7) requires the governing body of the county in which a district is located to approve a resolution creating (or in this instance amending the boundaries of) the Authority; and WHEREAS on October 20, 2003, Southfield held a public hearing on its intent to amend the boundaries of the Joint Local Development Finance Authority. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the amendment to the Southfield boundaries of the Joint Local Development Finance Authority. BE IT FURTHER RESOLVED that the capture of the growth in property taxes for use within the certified technology park shall be for a period of up to 15 years, beginning with the establishment of the Authority and not the date of this amendment to the Southfield boundaries. BE IT FURTHER RESOLVED that the County Clerk is hereby directed to provide certified copies of this Resolution to the Clerk of the City of Southfield and to the Clerk of the City of Troy. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing Resolution. PLANNING AND BUILDING COMMITTEE Copy of Resolution of Intent to Hold a Public Hearing to Amend the Boundaries of the Automation Alley Joint Local Development Finance Authority on file in County Clerk’s office. Commissioners Minutes Continued. November 20, 2003 591 FISCAL NOTE (MISC. #03335) BY: Finance Committee, Chuck Moss, Chairperson IN RE: COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT/PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION - RESOLUTION APPROVING AMENDMENT TO THE BOUNDARIES OF THE JOINT LOCAL DEVELOPMENT FINANCING AUTHORITY BETWEEN THE CITY OF SOUTHFIELD AND THE CITY OF TROY 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. P.A. 281 of 1986, as amended by P.A. 248 of 2000, authorizes municipalities located within the same county to establish a joint authority, which may exercise its powers as a certified technology park and to capture taxes from property within the authority area. 2. Miscellaneous Resolution #03116 approved the creation of a Joint Local Development Finance Authority between the City of Southfield and the City of Troy. 3. The Cities of Southfield and Troy and the Michigan Economic Development Corporation have entered into an agreement that established the boundaries of a certified technology park within the Cities of Southfield and Troy. 4. The City of Southfield seeks to amend the boundaries of the Joint Local Development Finance Authority. 5. MCL 125.2154 permits boundary amendments and requires the governing body of the county to approve a resolution amending the boundaries of the Authority. 6. The resolution approves amendment to the Southfield boundaries of the Joint Local Development Finance Authority. 7. No General Fund/General Purpose amendment is required. FINANCE COMMITTEE Moved by Palmer supported by Knollenberg the resolution be adopted. AYES: Gregory, Hatchett, Jamian, Knollenberg, Kowall, Law, Long, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard, Coleman, Coulter, Crawford, Douglas. (24) NAYS: McMillin. (1) A sufficient majority having voted therefore, the resolution was adopted. MISCELLANEOUS RESOLUTION #03336 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – APPROVAL AND ACCEPTANCE OF LEASE FOR SHERIFF'S DEPARTMENT, 5782 TEREX AVE., SUITE A, CLARKSTON, MI 48346 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Sheriff's Department is in possession of various pieces of mobile law enforcement equipment; and WHEREAS at the present time no adequate County facility exists on or off the Oakland County Service Center which would accommodate storage and provide for routine maintenance of said equipment; and WHEREAS the Departments of Facilities Management and the Sheriff have negotiated the terms of the attached three (3) year lease agreement at a rental rate of $2,000 per month for use of an industrial building located at 5782 Terex Ave., Suite A, Clarkston, MI with Mr. Richard Detkowski, landlord; and WHEREAS the effective date of said lease shall be November 1, 2003 or such date as directed by the Oakland County Board of Commissioners; and WHEREAS the Department of Facilities Management with the assistance of Oakland County Corporation Counsel have reviewed and/or prepared all necessary agreements and documents; and WHEREAS the Oakland County Sheriff recommends this new lease agreement between the County of Oakland and Richard Detkowski. Commissioners Minutes Continued. November 20, 2003 592 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes the attached new lease agreement at 5782 Terex Ave., Suite A, Clarkston, MI between Richard Detkowski, landlord, and the County of Oakland for a period of three (3) years. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its chairperson or its designee to execute the attached lease agreement for premises located at 5782 Terex Ave., Suite A, Clarkston, MI 48346 between Richard Detkowski and the County of Oakland. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Lease on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #03337 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEPARTMENT OF WASTE MANAGEMENT - RESOLUTION APPROVING THE PROVISIONS OF A BROWNFIELD PLAN FOR THE FORMER SANICEM LANDFILL To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland Brownfield Initiative (OBI) was established in 2000 upon designation by the US EPA of Oakland County as a Brownfield Demonstration Pilot Community, and was further assisted by a US EPA Brownfield Revolving Loan Fund Cleanup Grant (BCRLF) in September of 2002, to facilitate the redevelopment of contaminated and underutilized properties to provide new taxes, jobs, and protect the health and environment of Oakland County and its residents; and WHEREAS the former Sanicem landfill site in Orion Township has been a long-standing environmental hazard, a “facility” under state statute, and a tax-reverted, non-producing parcel for many years; and WHEREAS Brownfield clean up and redevelopment plans have been prepared to restore the environmental and economic viability of this parcel within Orion Township and the City of Auburn Hills; and WHEREAS the Brown Road Group, LLC has assumed environmentally related development costs estimated at over $10 million and actively begun environmental response, removal and brownfield redevelopment of the former Sanicem site pursuant to agreements and under law and regulation of the US EPA and the Michigan DEQ; and WHEREAS OBI, in consultation with US EPA and Corporation Counsel, and the Brown Road Group, LLC have developed a Brownfield Clean Up Loan agreement (attached) which satisfies BCRLF grant requirements, CERCLA/NCP clean up standards, and oversight and repayment terms and conditions of the parties, to facilitate the partial funding of methane and leachate control systems during the construction phase of redevelopment; and WHEREAS the provision of such funding will greatly advance the overall mission of OBI, the specific requirements of the BCRLF grant, and contribute to the timely success of this important clean up and redevelopment project. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby approve the making of a Brownfield Clean Up Loan to the Brown Road Group, LLC, and authorize the Chairman of the Board to execute the attached agreement, promissory note, and other documents as required to complete the loan. BE IT FURTHER RESOLVED the final Brownfield Clean Up Loan Agreement has not yet been received and is subject to Corporation Counsel approval. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Summary of Proposed Loan Award to Brown Road Group, LLC November 4, 2003, Brownfields Cleanup Revolving Loan Fund Loan Agreement Between Brown Road Group, LLC and Oakland County, and Exhibits A, B, C, D, E, and F on file in County Clerk’s. Commissioners Minutes Continued. November 20, 2003 593 The Chairperson referred the resolution to the Finance Committee. There were no objections. Commissioner Palmer requested a Public Hearing be scheduled for the purpose of allowing public comment on the Board of Commissioners – Lake Name Change – Spring Lake to Lake Alice in the City of Pontiac. The Chairperson scheduled the Public Hearing for December 11, 2003 at 9:45 a.m. in the Board of Commissioners Auditorium. MISCELLANEOUS RESOLUTION #03338 BY: Public Services, Hugh D. Crawford, Chairperson IN RE: PUBLIC SERVICES/MEDICAL EXAMINER - SALARY INCREASE FOR CHIEF FORENSIC TOXICOLOGIST CLASSIFICATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS with the early retirement incentive program offered to County employees, a vacancy occurred in the Chief Forensic Toxicologist position in the Medical Examiner's Office; and WHEREAS the Chief Forensic Toxicologist performs toxicology analysis on decedents when determining cause of death in relation to cases involving drugs and other substances; and WHEREAS the position is vital for assisting the Pathologists with autopsy results in determining cause of death; and WHEREAS this position, when called upon, must testify in court as an expert witness as to the presence and effect of toxic substances on examined victims; and WHEREAS the Medical Examiner's Office is seeking accreditation through the National Association of Medical Examiners; and WHEREAS the accreditation process would be greatly enhanced by having a Chief Forensic Toxicologist that has a Ph.D. and is certified by the American Board of Forensic Toxicologists (ABFT); and WHEREAS changing the current minimum qualifications from a masters degree to a Ph.D. will further limit the number of qualified candidates for this position; and WHEREAS the Chief Forensic Toxicologist is not included in the salary administration plan and thus the salary is determined largely by labor market factors; and WHEREAS the Human Resources Department conducted a national and local salary survey of other similar Chief Forensic Toxicologist positions that required a Ph.D; and WHEREAS the Human Resources Department is recommending another 10% increase in salary be applied to the classification in order to make it more competitive in the labor market. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approve an increase in the Chief Forensic Toxicologist classification to the following new range: Base 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 YEAR $80,179 $85,004 $89,833 $94,658 $99,496 $104,322 Chairperson, on behalf of the Public Service Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE The Chairperson referred the resolution to the Personnel Committee and the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #03339 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: SHERIFF'S OFFICE - USE OF FORFEITED FUNDS/DARE INTERNET AND DRUG AWARENESS 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 $705,500.23 (balance as of 9/30/03) as a result of Sheriff's Office forfeiture efforts; and Commissioners Minutes Continued. November 20, 2003 594 WHEREAS the Sheriff is requesting that a portion of these funds be used to pay for educational supplies for DARE, Internet and Drug Awareness as listed below: Internet & Drug Awareness Program- Coloring Books, Crayons, Pencils, Brochures, Other supplies 25,000; WHEREAS these 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 $25,000 from the Sheriff Department Law Enforcement Enhancement Account (#101-43-223101- 20001-2853-60053) to purchase the supplies listed above. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #03340 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: SHERIFF'S OFFICE - DISPOSITION OF CANINE (K-9) DOG To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution. #99114 authorized the Sheriff to purchase several K-9 dogs for the use by the Sheriff's Office; and WHEREAS the county purchased "AZY" on July 19, 1999; and WHEREAS the K-9 Deputy who "AZY" is assigned to is requesting to leave the K-9 unit for personal reasons; and WHEREAS because of the individual training and loyalty established with the handler and the dog, it becomes unsuitable for the animal to be retrained with another handler; and WHEREAS these unique circumstances result in the animal having no fair market value for which it can be sold; and WHEREAS the Sheriff is recommending selling of this dog to his handler for a nominal sum; and WHEREAS this matter has been reviewed by Corporation Counsel and a transfer of ownership and release of claims agreement is attached. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves selling the dog "AZY" to the Deputy assigned per the attached Transfer of Ownership and Release of Claims Agreement. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Transfer of Ownership and Release of Claims Agreement on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #03341 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: COUNTY EXECUTIVE, EMERGENCY RESPONSE AND PREPAREDNESS - TORNADO WARNING SYSTEM EXPANSION – TOWNSHIP OF HOLLY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution No.'s 7865, 7971, and 8664 accepted federal grants to defray a portion of the costs in purchasing sirens to be utilized within the Oakland County Tornado Warning System; and WHEREAS the County share of the costs will remain at twenty-five percent as has been the policy previously established by the Board of Commissioners by various Miscellaneous Resolutions, whereby local units pay seventy-five percent with the County being responsible for the maintenance and electrical costs for the sirens purchased; and WHEREAS the Township of Holly, has executed the attached purchase agreement; and Commissioners Minutes Continued. November 20, 2003 595 WHEREAS the Township of Holly has agreed to pay seventy-five percent of the total estimated cost of one siren; and WHEREAS consistent with the attached standard agreement, the Township of Holly agrees that Oakland County will retain ownership of the siren and will be responsible for the maintenance and the electrical costs for said siren purchased under this agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorize the contract with the Township of Holly for the purchase of one (1) tornado siren. BE IT FURTHER RESOLVED that the expenditure of this appropriation is contingent upon the execution of the attached written agreement between the County and the Township of Holly. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Severe Weather Warning System Interlocal Agreement between Oakland County and Township of Holly on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #03342 By: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: COUNTY EXECUTIVE/EMERGENCY RESPONSE AND PREPAREDNESS - CREATE (1) PTNE OFFICE ASSISTANT I POSITION To the Oakland County Board of Commissioner Chairperson, Ladies and Gentleman: WHEREAS since the events of 9/11 the Emergency Response and Preparedness(ERP) unit has directed most of its time and resources to homeland security initiatives; and WHEREAS one of the new initiatives is analyzing vulnerabilities within Oakland County, specifically facilities which have hazardous or Extremely Hazardous Substances (EHS); and WHEREAS summer students and interns have been instrumental in working closely with the Emergency Management Coordinators and the Info. Tech./Geographical Information Systems (GIS) unit to produce EHS facility vulnerability maps; and WHEREAS keeping these maps current is an ongoing and major task as EHS facility data and vulnerable population information continuously change; and WHEREAS an ongoing database also needs to be developed for the vulnerable populations including transportation sites, underground pipelines, communication towers, major industries, apartment complexes, hotel/motels, military installations, schools, municipal buildings, above ground gas tanks, communications lines, hospitals, nursing homes and assisted living facilities; and WHEREAS these maps and data are used for planning purposes at the County level and will be forwarded to first responders for their local emergency response plans; and WHEREAS ERP staff have spent considerable time over the last two summers in training two college summer students each year to assist with the above tasks, as well as other data acquisition and update tasks; and WHEREAS the requested part-time non-eligible Office Assistant I position would reduce training time by providing on-going rather than summer only employees; and WHEREAS the deletion of two (2) Summer Business Assistant positions (11115-05244 & 11115-08153) would offset the costs of this request. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the deletion of two (2) Summer Business Assistant positions (11115-05244 & 11115-08153), and the creation of one (1) GF/GP Part-time non-eligible Office Assistant I position in the Emergency Response & Preparedness unit (11115) for 840 hours/year. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE The Chairperson referred the resolution to the Finance Committee and the Personnel Committee. There were no objections. Commissioners Minutes Continued. November 20, 2003 596 REPORT (MISC. #03343) BY: Personnel Committee, Thomas F. Middleton, Chairperson IN RE: CIRCUIT COURT/FRIEND OF THE COURT – 2003/2004 MEDICAL SUPPORT ENFORCEMENT REIMBURSEMENT CONTRACT APPLICATION/ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above referenced resolution on November 5, 2003, reports with the recommendation that the resolution be amended as follows: Add the word "Grant" to the title as follows: "Circuit Court/Friend of the Court – 2003/2004 Medical Support Enforcement Reimbursement Contract/Grant Application/Acceptance" Further to amend the fourth BE IT FURTHER RESOLVED paragraph to read: "BE IT FURTHER RESOLVED that the Fiscal Year 2004 Adopted Budget be amended to reflect the new grant award." Thirdly to change the last paragraph to read: "Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution." Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION #03343 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: CIRCUIT COURT/FRIEND OF THE COURT – 2003/2004 MEDICAL SUPPORT ENFORCEMENT REIMBURSEMENT CONTRACT APPLICATION/ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Family Independence Agency has awarded the 2003/2004 Medical Support Enforcement Reimbursement contract to the Oakland County Friend of the Court in the amount of $397,588; and WHEREAS this is the ninth year for the contract and provides 100% reimbursement for services which establish and enforce medical support and insurance provisions in domestic relations cases; and WHEREAS the grant award is the same as the application and covers the period of October 1, 2003, through September 30, 2004; and WHEREAS the contract represents reduced funding from seven (7) positions to six (6) positions as follows: two (2) Domestic Support Specialists (35404-7947 & 8094), and three (3) Case Assistants (35404-7794, 7795 & 9124) and one (1) Domestic Support Specialist Supervisor (35404-7793), as well as overtime; and WHEREAS one (1) Domestic Support Specialists position (35404-7792) has been frozen, and will remain vacant and un-funded, requiring Finance approval to reactivate; and WHEREAS the contract agreement has been approved by the County Executive Contract Review process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Michigan Family Independence Agency 2003/2004 Medical Support Enforcement Reimbursement contract for the Oakland County Friend of the Court in the amount of $397,588. BE IT FURTHER RESOLVED that final approval from Corporation Counsel is pending a response from the Michigan Family Independence Agency (FIA) regarding the FIA’s obligation in the event it terminates the contract, and incentive payments are approved by FIA. BE IT FURTHER RESOLVED that future level of service, including personnel will be contingent upon the level of funding for this program. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the contract agreement and to approve amendments and extensions up to fifteen (15%) percent variance from the award, consistent with the original agreement as approved. BE IT FURTHER RESOLVED That the County Executives Recommended Fiscal Year 2004 will be amended during the budget process to recognize this contract agreement. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Commissioners Minutes Continued. November 20, 2003 597 Copy of Contract Review – Friend of the Court, Agreement Between Michigan Family Independence Agency and the County of Oakland, Application and Budget Documents, and Medical Support Contract Budget on file in County Clerk’s office. FISCAL NOTE (MISC. #03343) BY: Finance Committee, Chuck Moss, Chairperson IN RE: CIRCUIT COURT/FRIEND OF THE COURT – 2003/2004 MEDICAL SUPPPORT ENFORCEMENT REIMBURSEMENT CONTRACT GRANT APPLICATION/ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Michigan Family Independence Agency has awarded the 2003/2004 Medical Support Enforcement Reimbursement contract to the Oakland County Friend of the Court, for the period of October 1, 2003 through September 30, 2004. 2. The grant provides 100% reimbursement for services, which establish and enforce medical support and insurance provisions in domestic relations’ cases. 3. The amount of the grant award is $397,588 and does not require any County match. 4. The contract provides funding to continue two (2) Domestic Support Specialists (position numbers 07947 and 08094), and three (3) Case Assistants (position numbers 07794, 07795, and 09124) and one (1) Domestic Support Specialist Supervisor (position number 07793), as well as related overtime. 5. The seventh position number 07792 previously funded by this grant, has been reclassified as frozen and will remain vacant and un-funded, requiring additional State funding and approval by the Board of Commissioners to reactivate. 6. An amendment to the FY 2004 Special Revenue budget is recommended to reflect grant revenue of $397,588, salaries of $249,048, fringe benefits of $143,924, and overtime of $4,616 as per the contract agreement. FINANCE COMMITTEE Moved by Crawford supported by Gregory the resolution be adopted. Moved by Crawford supported by Kowall the Personnel Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Moved by Crawford supported by Potter 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: Hatchett, Jamian, Knollenberg, Kowall, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard, Coleman, Coulter, Crawford, Douglas, Gregory. (25) NAYS: None. (0) A sufficient majority having voted therefore, the resolution, as amended, was adopted. Commissioners Minutes Continued. November 20, 2003 598 MISCELLANEOUS RESOLUTION #03344 BY: Tom McMillin, County Commissioner, District #11 IN RE: BOARD OF COMMISSIONERS-REDUCTION IN 2003/2004 TRAVEL AND CONFERENCE BUDGET To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Commissioners’ Travel and Conference Budget for the current fiscal year is $91,090; and WHEREAS the Oakland County Commissioners’ Chairman declared a moratorium on Travel from October through December 2003, which equals 25% of the current fiscal year. NOW THEREFORE BE IT RESOLVED the Oakland County Commissioners’ Travel and Conference Budget is reduced by 25% from $91,090 to $68,317.50. Chairperson, I move the adoption of the foregoing resolution. TOM McMILLIN The Chairperson referred the resolution to the Finance Committee. There were no objections. Commissioner Moffitt introduced a resolution to correct the October 2, 2003 minutes. Moved by Moffitt to suspend the rules for immediate adoption of the resolution. Discussion followed: Commissioner Moffitt withdrew his motion. Moved by Moffitt supported by Douglas the minutes of October 2, 2003, be approved as amended. Copy of amendment on file in County Clerk’s office. Vote on minutes as amended: AYES: Jamian, Knollenberg, Kowall, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard, Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett. (25) NAYS: None. (0) A sufficient majority having voted therefore, the minutes of October 2, 2003 as amended, were approved. Commissioner McMillin made a motion to have Resolution #03298 – SUPPORT THE LEGAL BIRTH DEFINITION ACT be discharged from committee. There being no support, the motion failed. The Board adjourned at 11:06 a.m. to the call of the Chair or December 11, 2003, at 9:30 a.m. G. WILLIAM CADDELL THOMAS A.LAW Clerk Chairperson