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HomeMy WebLinkAboutMinutes - 2004.03.17 - 8343149 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES March 18, 2004 Meeting called to order by Chairperson Thomas Law at 9:57 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 Peter H. Webster Pledge of Allegiance to the Flag. Moved by Knollenberg supported by Gregory the minutes of the March 4, 2004, Board Meeting be approved. A sufficient majority having voted therefore, the minutes were approved as printed. Moved by Webster supported by Rogers the rules be suspended and the agenda be amended by removing Planning and Building Committee, items a, b, and e from the Consent Agenda and refer these resolutions back to the Planning and Building Committee. Vote on agenda as amended: 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 motion to suspend the rules and amend the agenda carried. Deputy Clerk/Register James VanLeuven read a communication from County Executive L. Brooks Patterson reappointing Peter Christiano, David Courtney, Martin Hollander, Patricia Jacobs, Donald Kegley, Jr., Dennis King, Linda Russell, Jon Savoy, Jay Shah, and Rebecca Sorensen as Directors of the Economic Development Corporation (EDC). A sufficient majority having voted therefore, the appointments were confirmed. Commissioners Minutes Continued. March 18, 2004 150 Commissioner Bill Bullard addressed the board and introduced Miscellaneous Resolution #YIG001 – YOUTH IN GOVERNMENT – WEST NILE VIRUS PROGRAM FOR 2004 to the students in attendance for Youth Government Day. Commissioner Bullard referred the mock resolution to all the Standing Committees for students assigned to the individual committees to review. Copy of mock resolution on file in County Clerks office. Commissioners’ Chuck Moss, Michael Rogers, David Moffitt, Eric Wilson, Mattie Hatchett, Tom McMillin, and Jeff Potter addressed the board to acknowledge the students in attendance for Youth In Government Day from the high school within their commission district. The following people addressed the board: Paul Preketes, Senior Vice President Gas Operations Consumers Energy; Nancy Strole, Springfield Township Clerk; Daedra A. Von Mike McGhee, Director for Government and Business Affairs Governor’s Office; Chester W. Koop, Rose Township Supervisor; and Jim Nash, Southeast Michigan Sierra Club. Moved by Crawford supported by Hatchett the resolutions on the Consent Agenda, be adopted (with accompanying reports being accepted). (The vote for this motion appears on page 159.) The resolutions on the Consent Agenda followed (annotated by an asterisk {*}): *REPORT (MISC. #04044) BY: General Government Committee, William R. Patterson, Chairperson IN RE: BOARD OF COMMISSIONERS – APPROVAL OF ENHANCED ACCESS TO PUBLIC RECORDS FOR LICENSED INSURANCE AGENTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #04044 on February 23, 2004, 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 #04044 BY: Commissioner Martin J. Knollenberg, District #13 IN RE: BOARD OF COMMISSIONERS - APPROVAL OF ENHANCED ACCESS TO PUBLIC RECORDS FOR LICENSED INSURANCE AGENTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Public Act 462 of 1996, the Michigan Enhanced Access to Public Records Act, allows public bodies to provide enhanced access for the inspection, copying or purchasing of public records that are not confidential or otherwise exempt by law from disclosure; and WHEREAS the Oakland County Board of Commissioners with the adoption of Miscellaneous Resolution #97165, established the Oakland County Enhanced Access to Public Records Policy; and WHEREAS the initial effort of the Access Oakland Program was to provide a host of fee-based Land/Tax, Delinquent Tax and Register of Deeds related information products to title companies, lending institutions, real estate professionals and the general public; and WHEREAS Access Oakland has established a successful partnership with licensed real estate agents and appraisers to access digital photographs and sketches which involved the Department of Information Technology staff managing the potential users by undertaking a series of validation steps and security measures; and WHEREAS Access Oakland tools would be an appropriate and effective tool for licensed insurance agents, by providing these professionals with easy access to public information, including the type of construction, year built, square footage of property, digital photographs and digital sketches located in Oakland County; and Commissioners Minutes Continued. March 18, 2004 151 WHEREAS providing licensed insurance agents the opportunity to gather information through Access Oakland would prove beneficial to the homeowners of Oakland County by facilitating the ability of insurance agents to expeditiously gather more exact information for the issuance of insurance policies. NOW THEREFORE BE IT RESOLVED THAT the Oakland County Board of Commissioners hereby authorizes the use of Enhanced Access products, including the Digital Photography and Digital Sketches Programs, to Licensed Insurance Agents. BE IT FURTHER RESOLVED THAT the Oakland County Board of Commissioners requests the Oakland County Department of Information Technology to utilize the existing procedures enabling licensed insurance agents to undergo a validation process and establish a business account with Access Oakland. Chairperson, we move the adoption of the foregoing resolution. MARTIN J. KNOLLENBERG, MIKE ROGERS, THOMAS A. LAW, CHUCK MOSS, EILEEN KOWALL, JOHN SCOTT, ERIC S. WILSON, GREG JAMIAN, DAVID MOFFITT, BILL BULLARD, HUGH D. CRAWFORD, DAVID COULTER, JEFF POTTER, CHRISTINE A. LONG, VINCENT GREGORY, SUE ANN DOUGLAS FISCAL NOTE (MISC. #04044) BY: Finance Committee, Chuck Moss, Chairperson IN RE: BOARD OF COMMISSIONERS – APPROVAL OF ENHANCED ACCESS TO PUBLIC RECORDS FOR LICENSED INSURANCE AGENTS 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. Access Oakland has established a successful partnership with licensed real estate agents and appraisers to access digital photographs and sketches which involved the Department of Information Technology staff managing the potential users by undertaking a series of validation steps and security measures. 2. The Oakland County Board of Commissioners would like to include Licensed Insurance Agents among the users of information from Access Oakland (i.e., type of construction, year built, square footage of property, digital photographs and digital sketches) related to property in Oakland County, as a means of expeditiously gathering exact information for the issuance of insurance policies. 3. There are no additional costs associated with this program to add the Licensed Insurance Agents. 4. Additional revenue to Oakland County is not known at this time due to the uncertainty of the number of Licensed Insurance Agents anticipated to utilize the program. 5. No budget amendment is recommended at this time. FINANCE COMMITTEE (The vote for this motion appears on page 159.) *MISCELLANEOUS RESOLUTION #04053 BY: General Government Committee, William Patterson, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – FIRST QUARTER 2004 DEVELOPMENT APPROPRIATION TRANSFER To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS all data processing development cost is incorporated as a single appropriation within the non- departmental budget and then an amount equal to the actual expense is transferred to the user department with a summary report to the Finance Committee; and Commissioners Minutes Continued. March 18, 2004 152 WHEREAS the Department of Information Technology has determined the First Quarter 2004 data processing development charges to be $1,099,261.22 and the imaging development charge to be $90,295.00 for the General Fund/General Purpose County departments; and WHEREAS direct charges to Special Revenue and Proprietary fund departments are $110,311.50 and non-county agencies are $0 for the First Quarter 2004; and WHEREAS an appropriation transfer to General Fund/General Purpose County departments is needed to fund these development charges. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners has reviewed the First Quarter 2004 Data Processing Development Report and approves the First Quarter appropriation transfer as specified on the attached schedule. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Information Technology Data Processing Development Summary - 1st Quarter 2004 and Information Technology – Reserve Fund Development/Support Detail – First Quarter, 2004 on file in County Clerk’s office. FISCAL NOTE (MISC. #04053) BY: Finance Committee, Chuck Moss, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – FIRST QUARTER 2004 DEVELOPMENT APPROPRIATION TRANSFER To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: 1. The resolution appropriates and charges the Information Technology First Quarter 2004 Development cost to benefiting departments. 2. The first quarter data processing development charges are $1,099,261.22; imaging development charges are $90,295.00 for General Fund/General Purpose departments; direct charges to Special Revenue and Proprietary fund departments are $110,311.50 and charges to non-county agencies are $0. 3. The respective departmental Fiscal Year 2004 budgets are to be amended as specified in the attached detail schedule. FINANCE COMMITTEE (The vote for this motion appears on page 159.) *REPORT (MISC. #04069) BY: General Government Committee, William R. Patterson, Chairperson IN RE: BOARD OF COMMISSIONERS – OPPOSITION TO NEW GAS PIPELINE ROUTE IN NORTHWEST OAKLAND COUNTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #04069 on March 8, 2004, 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 Commissioners Minutes Continued. March 18, 2004 153 MISCELLANEOUS RESOLUTION #04069 BY: Commissioners Bill Bullard, Jr., District #2, David Coulter, District #25, Thomas F. Middleton, District #4, Eric Wilson, District #3, William R. Patterson, District #1 IN RE: BOARD OF COMMISSIONERS - OPPOSITION TO NEW GAS PIPELINE ROUTE IN NORTHWEST OAKLAND COUNTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in Oakland County, we recognize that one of our greatest and most valuable assets are our natural resources. Exceptional environmental jewels abound in the communities of Springfield Township, Rose Township, Independence Township and Orion Township; and WHEREAS northwest Oakland County boasts outstanding recreational opportunities, scenic opens spaces, lakes and vast expanses of environmentally sensitive wetlands. The local communities are strongly committed to the preservation of these natural resources and conservation of open space; and WHEREAS Consumers Energy, a CMS Energy Company, informed the Townships of Rose and Springfield of its intention to file an application with the Michigan Public Service Commission (MPSC) to construct a 36-inch natural gas pipeline along a 23.4 mile route that crosses miles of sensitive wetlands and rare natural resource complexes located within these communities; and WHEREAS Consumers Energy has indicated that the pipe is intended to serve approximately 300,000 customers in southeast Michigan; and WHEREAS it is apparent that future population trends and future projections of increased natural gas usage will require increased transmission capacity to serve the region; and WHEREAS the route of the proposed pipeline traverses miles of sensitive wetlands and exceptionally rare natural resource complexes located in northwestern Oakland County, including: the 1,800 acre Great Huron Swamp and 740 acre Buckhorn Lake complex, which have been inventoried and studied by the Michigan Natural Features Inventory (MNFI), through a project supported and funded in part by Oakland County, and which provide habitat for many rare and threatened plants and animals; and WHEREAS pipeline construction through these exceptionally rare natural resource complexes will require clear cutting areas, trench building and directional drilling; and WHEREAS these natural resource treasures in Oakland County should be preserved and protected for the enjoyment of future generations; and WHEREAS the Townships of Rose and Springfield have adopted resolutions opposing plans by Consumers Energy to construct a 36-inch natural gas pipeline along a route that traverses miles of sensitive wetlands and exceptionally rare natural resource complexes; and WHEREAS despite efforts of the local communities to get Consumers Energy to pursue, in a meaningful manner, alternative routes that would have a far less devastating impact on the environment -- Consumers Energy has filed with the Michigan Public Service Commission an application to construct the 36 inch pipeline through the Buckhorn Lake and Huron Swamp complexes. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners express our grave concern that the proposed pipeline route will decimate environmentally sensitive areas in Oakland County and hereby join with the Oakland County communities, particularly Rose Township and Springfield Township, in voicing our strong opposition to Consumers Energy's proposed pipeline route through Oakland County. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners urges the Michigan Public Service Commission to reject the proposed pipeline route through the communities of Rose Township and Springfield Township and require that Consumers Energy work with the local communities to identify an alternative route. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners requests the Oakland County Clerk to forward copies of this adopted resolution to Springfield Township, Rose Township Independence Township and Orion Township Governor Granholm, Michigan Public Service Commission, Consumers Energy, Michigan Department of Natural Resources, Michigan Department of Environmental Quality, Michigan Nature Association, Huron-Clinton Metroparks, the Michigan Delegation to the State Legislature, the Michigan Association of Counties, the Michigan Townships Association and Oakland County's Legislative Lobbyists. Commissioners Minutes Continued. March 18, 2004 154 Chairperson, we move the adoption of the foregoing Resolution. BILL BULLARD, DAVID COULTER, TOM MIDDLETON, ERIC S. WILSON, WILLIAM R. PATTERSON, PETER WEBSTER, GEORGE W. SUAREZ, THOMAS A. LAW, HELAINE ZACK, MATTIE HATCHETT, ERIC COLEMAN, VINCENT GREGORY, HUGH D. CRAWFORD, JOHN A. SCOTT, JEFF POTTER, MARTIN KNOLLENBERG, CHRISTINE A. LONG, SUE ANN DOUGLAS, EILEEN KOWALL, GREG JAMIAN, CHUCK MOSS, MICHAEL ROGERS, CHARLES PALMER, DAVID L. MOFFITT (The vote for this motion appears on page 159.) *MISCELLANEOUS RESOLUTION #04058 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST FOR APPROVAL OF CONSTRUCTION LICENSE AND LEASE AGREEMENT WITH THE CITY OF ROYAL OAK FOR THE NEW COUNTYWIDE RADIO SYSTEM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners, by Miscellaneous Resolution #98308, recognized that the County's current 800MHz radio system needed to be upgraded and expanded to encompass all public safety agencies and to create interoperatibility between public safety agencies; and WHEREAS the Oakland County Board of Commissioners, pursuant to MCL 484.1401 and Miscellaneous Resolution #99279, authorized the levy of a four (4%) percent emergency telephone operational charge to pay for a new County-wide radio system that will have the ability to encompass all public safety agencies and create interoperability between public safety agencies; and WHEREAS to properly implement and operate the new County-wide radio system, the County will need to build towers, lease land, and/or lease space on towers at sites throughout the County; and WHEREAS it is the recommendation of the Departments of Facilities Management and Information Technology that the Oakland County Board of Commissioners accept and approve the terms and conditions of the attached Construction License and Lease Agreement; and WHEREAS under the attached Construction License and Lease Agreement, the County will construct a radio tower at 211 S. Williams Street, Royal Oak, Michigan; the County will sell the tower to the City of Royal Oak for one ($1) dollar upon completion, and the City will lease the County space on the tower for one ($1.00) dollar per year; and WHEREAS the Departments of Facilities Management, Information Technology, and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached construction license and lease agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached construction license and lease agreement between the County of Oakland and the City of Royal Oak. BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs its Chairperson or his designee to execute the attached construction license and lease agreement and all other related documents between the County of Oakland and the City of Royal Oak, which may be required. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Construction License and Lease Agreement, Exhibit A, Site Layout Map, Aerial Photograph, Tower Elevation, and Survey on file in County Clerk’s office. Commissioners Minutes Continued. March 18, 2004 155 FISCAL NOTE (MISC. #04058) BY: Finance Committee, Chuck Moss, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST FOR APPROVAL OF CONSTRUCTION LICENSE AND LEASE AGREEMENT WITH THE CITY OF ROYAL OAK FOR THE NEW COUNTYWIDE RADIO SYSTEM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Board of Commissioners, pursuant to MCL 484.1401 and Miscellaneous Resolution #99279, authorized the levy of a four (4%) percent emergency telephone operational charge to pay for a new County-wide radio system, including construction of towers, lease of land, and/or lease of space on towers at sites throughout the County. 2. The resolution approves and authorizes a construction license and lease agreement between the County of Oakland and the City of Royal Oak. 3. Under terms of the construction license and lease agreement, the County will construct a radio tower, equipment shelter and install a generator for the County-wide radio system at County expense on land provided by the City. 4. The County will sell the tower, shelter and generator to the City of Royal Oak for one ($1) upon completion and the City will lease space on the tower to the County for one ($1) per year. 5. Operation and maintenance of the tower, shelter, and generator will be the responsibility of the City. 6. The initial term of the lease is 15 years with three renewable five-year terms. 7. No budget amendment is required. FINANCE COMMITTEE (The vote for this motion appears on page 159.) *MISCELLANEOUS RESOLUTION #04059 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST FOR APPROVAL OF CONSTRUCTION LICENSE AND LEASE AGREEMENT WITH THE CHARTER TOWNSHIP OF BLOOMFIELD FOR THE NEW COUNTYWIDE RADIO SYSTEM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners, by Miscellaneous Resolution #98308, recognized that the County's current 800MHz radio system needed to be upgraded and expanded to encompass all public safety agencies and to create interoperatibility between public safety agencies; and WHEREAS the Oakland County Board of Commissioners, pursuant to MCL 484.1401 and Miscellaneous Resolution #99279, authorized the levy of a four (4%) percent emergency telephone operational charge to pay for a new County-wide radio system that will have the ability to encompass all public safety agencies and create interoperability between public safety agencies; and WHEREAS to properly implement and operate the new County-wide radio system, the County will need to build towers, lease land, and/or lease space on towers at sites throughout the County; and WHEREAS it is the recommendation of the Departments of Facilities Management and Information Technology that the Oakland County Board of Commissioners accept and approve the terms and conditions of the attached Construction License and Lease Agreement; and WHEREAS under the attached Construction License and Lease Agreement, the County will construct a radio tower at 4200 Telegraph Road, Bloomfield Hills, Michigan; the County will sell the tower to the Charter Township of Bloomfield for one ($1) dollar upon completion, and the township will lease the County space on the tower for one ($1) dollar per year; and WHEREAS the Departments of Facilities Management, Information Technology, and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached Construction License and Lease Agreement. Commissioners Minutes Continued. March 18, 2004 156 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached Construction License and Lease Agreement between the County of Oakland and the Charter Township of Bloomfield. BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Construction License and Lease Agreement and all other related documents between the County of Oakland and the Charter Township of Bloomfield, which may be required. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Construction License and Lease Agreement, Article II – Tower Construction License, Exhibits A and B, Survey, Site Plan, Compound Plan, Aerial Photo, and Tower Elevation on file in County Clerk’s office. FISCAL NOTE (MISC. #04059) BY: Finance Committee, Chuck Moss, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST FOR APPROVAL OF CONSTRUCTION LICENSE AND LEASE AGREEMENT WITH THE CHARTER TOWNSHIP OF BLOOMFIELD FOR THE NEW COUNTYWIDE RADIO SYSTEM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Board of Commissioners, pursuant to MCL 484.1401 and Miscellaneous Resolution #99279, authorized the levy of a four (4%) percent emergency telephone operational charge to pay for a new County-wide radio system, including construction of towers, lease of land, and/or lease of space on towers at sites throughout the County. 2. The resolution approves and authorizes a construction license and lease agreement between the County of Oakland and the Charter Township of Bloomfield. 3. Under terms of the construction license and lease agreement, the County will construct a radio tower, equipment shelter and install a generator for the County-wide radio system at County expense on land provided by the Township. 4. The County will sell the tower, shelter and generator to the Charter Township of Bloomfield for one ($1) upon completion and the Township will lease space on the tower to the County for one ($1) per year. 5. Operation and maintenance of the tower, shelter, and generator will be the responsibility of the Township. 6. The initial term of the lease is 15 years with three renewable five-year terms. 7. No budget amendment is required. FINANCE COMMITTEE (The vote for this motion appears on page 159.) *MISCELLANEOUS RESOLUTION #04061 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST FOR APPROVAL OF CONSTRUCTION LICENSE AND LEASE AGREEMENT WITH THE CHARTER TOWNSHIP OF WATERFORD FOR THE NEW COUNTYWIDE RADIO SYSTEM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners, by Miscellaneous Resolution #98308, recognized that the County's current 800MHz radio system needed to be upgraded and expanded to encompass all public safety agencies and to create interoperatibility between public safety agencies; and Commissioners Minutes Continued. March 18, 2004 157 WHEREAS the Oakland County Board of Commissioners, pursuant to MCL 484.1401 and Miscellaneous Resolution #99279, authorized the levy of a four (4%) percent emergency telephone operational charge to pay for a new County-wide radio system that will have the ability to encompass all public safety agencies and create interoperability between public safety agencies; and WHEREAS to properly implement and operate the new County-wide radio system, the County will need to build towers, lease land, and/or lease space on towers at sites throughout the County; and WHEREAS it is the recommendation of the Departments of Facilities Management and Information Technology that the Oakland County Board of Commissioners accept and approve the terms and conditions of the attached Construction License and Lease Agreement; and WHEREAS under the terms of the attached Construction License and Lease Agreement the County will construct a radio tower and related equipment at 5200 Civic Center Drive, Waterford, Michigan. The County will sell the tower and related equipment to the Charter Township of Waterford for one ($1.00) dollar upon completion, and the township will lease the County space on the tower for one ($1.00) dollar per year; and WHEREAS the Departments of Facilities Management, Information Technology, and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached Construction License and Lease Agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached Construction License and Lease Agreement between the County of Oakland and the Charter Township of Waterford. BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Construction License and Lease Agreement and all other related documents between the County of Oakland and the Charter Township of Waterford, which may be required. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Construction License and Lease Agreement, Elevation map, Survey, and Site Plan on file in County Clerk’s office. FISCAL NOTE (MISC. #04061) BY: Finance Committee, Chuck Moss, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST FOR APPROVAL OF CONSTRUCTION LICENSE AND LEASE AGREEMENT WITH THE CHARTER TOWNSHIP OF WATERFORD FOR THE NEW COUNTYWIDE RADIO SYSTEM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Board of Commissioners, pursuant to MCL 484.1401 and Miscellaneous Resolution #99279, authorized the levy of a four (4%) percent emergency telephone operational charge to pay for a new County-wide radio system, including construction of towers, lease of land, and/or lease of space on towers at sites throughout the County. 2. The resolution approves and authorizes a construction license and lease agreement between the County of Oakland and the Charter Township of Waterford. 3. Under terms of the construction license and lease agreement, the County will construct a radio tower and install a generator for the County-wide radio system at County expense on land provided by the Township. 4. The County will sell the tower and generator to the Charter Township of Waterford for one ($1) upon completion and the Township will lease space on the tower for radio system purposes to the County for one ($1) per year. 5. Operation and maintenance of the tower and generator will be the responsibility of the Township. Commissioners Minutes Continued. March 18, 2004 158 6. The initial term of the lease is 15 years with three renewable five-year terms. 7. No budget amendment is required. FINANCE COMMITTEE (The vote for this motion appears on page 159.) *MISCELLANEOUS RESOLUTION #04062 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – APPROVAL AND ACCEPTANCE OF PURCHASE AGREEMENT FOR THE SALE OF VACANT EXCESS LAND LOCATED ON FRANKLIN BLVD IN THE CITY OF PONTIAC, KNOWN AS PARCEL NO. 14-32-127-002 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is the owner of a vacant residential lot located on Franklin Blvd. in the City of Pontiac known as Parcel No. 14-32-127-002 on the City tax rolls; and WHEREAS the property was originally acquired from the State of Michigan for the sum of one dollar in 1953 and utilized as a parking lot for the Child Guidance Clinic, which was located on the adjacent property. The use of the property was no longer required after the Child Guidance Clinic was discontinued in the 1980's; and WHEREAS the property is presently vacant and exempt from taxation; and WHEREAS on May 7, 2002, the Department of Facilities Management received authorization from the Oakland County Board of Commissioner's Planning and Building Committee to sell the subject property in its as is condition making no warranties, pursuant to Board of Commissioners Rules and Procedures for the Sale of Property; and WHEREAS the Planning and Building Committee having been advised that all efforts to sell the property in accordance with Board of Commissioner's Rules and Procedures had failed. On January 27, 2004 the Planning and Building Committee authorized the sale of the property to the abutting property owners for the sum of $8,000; and WHEREAS it is the recommendation of the Department of Facilities Management that the Oakland County Board of Commissioners waive Board of Commissioners Rule 1(a) of Appendix C and accept and approve the attached Purchase Agreement to sell the above excess property to Mr. and Mrs. Charles O. Leonard for the sum of $8,000; and WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the sale of the above property. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby waives Board of Commissioner's Rule 1(a) and approves and accepts the attached Purchase Agreement for the cash sale of the above property in its as is condition. BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Purchase Agreement and all other related documents, which may be required. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Purchase Agreement and location maps on file in County Clerk’s office. Commissioners Minutes Continued. March 18, 2004 159 FISCAL NOTE (MISC. #04062) BY: Finance Committee, Chuck Moss, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – APPROVAL AND ACCEPTANCE OF PURCHASE AGREEMENT FOR THE SALE OF VACANT EXCESS LAND LOCATED ON FRANKLIN BLVD. IN THE CITY OF PONTIAC, KNOWN AS PARCEL NO. 14-32-127-002 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The resolution waives Board of Commissioners’ Rule 1(a) and approves and accepts a purchase agreement for the cash sale of a vacant County-owned residential lot located on Franklin Blvd. in the City of Pontiac, known as Parcel No. 14-32-127-002. 2. The County will sell the property to Mr. and Mrs. Charles O. Leonard for the sum of $8,000 in its as is condition with no warranties. 3. The County was unable to sell the property at its appraised value of $18,000. 4. The resolution waives Board of Commissioners’ Rule 1(a), which states that no land shall be sold at less than the lowest appraised value unless such appraised value is waived by the Board of Commissioners. 5. The proceeds of the sale will be receipted in the Building Improvement Fund (Fund #401) in the Sale of Land and Building Revenue Account #14-110006-10000-1588. FINANCE COMMITTEE Discussion followed. Vote on resolutions on the Consent Agenda: AYES: Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, Kowell, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard. (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 #04072 BY: Finance Committee, Chuck Moss, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET - FISCAL YEAR 2004 FIRST QUARTER FINANCIAL FORECAST AND BUDGET AMENDMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Public Act 621 of 1978, the Uniform Budgeting and Accounting Act for Local Units of Government, provides for adjustments to the Adopted Budget; and WHEREAS in accordance with Oakland County General Appropriations Act Section 22, which authorizes budget adjustments for variances between the budgeted revenue and actual revenue, and Section 23, which authorizes budget amendments for variance between estimated revenue and projected expenditures, adjustments are required; and WHEREAS the Fiscal Year (FY) 2004 First Quarter Financial Forecast Report has identified several variances and budget amendments are recommended; and WHEREAS a budget amendment is recommended to transfer $8,000 from the Board of Commissioners' Salaries to Per Diems to more accurately reflect the budget and a transfer of $85,000 is requested from the Non-Departmental Legislative Expense account to the Board of Commissioners' Public Information account for the publication of the Board of Commissioner's Annual Report; and WHEREAS the Drain Commissioner is requesting to transfer $9,000 from Educational Supplies to Contracted Services to better reflect the services to be provided by SEMCOG to complete a comprehensive public education survey; and Commissioners Minutes Continued. March 18, 2004 160 WHEREAS the Community Corrections Division is requesting an amendment to increase revenue and expenditure budgets in the amount of $117,000 as the result of an increase in activity for the drug testing program; and WHEREAS a new organization is recommended for Non-Departmental accounts to distinguish Use of Prior Years Funds (Use of Fund Balance), which totals $10,714,752 for FY 2004 and that budgets already approved should be transferred to this new category; and WHEREAS the Sheriff's Office has new contract rates in effect beginning January 1, 2004, which will increase revenues estimated at $757,000, and a budget amendment is recommended to increase the Sheriff's revenue budget and increase expenditure budget to offset a projected unfavorable variance in the amount of $868,000 for Outside County Prisoner Housing; and WHEREAS the Probate Court is projected to be unfavorable in the amount of $50,000 for Guardian Ad Litem Fees in FY 2004 and FY 2005, based on increased activity in caseload; and WHEREAS sufficient funds are available in the Non-Departmental Basic Adjustment account to offset the variance for Guardian Ad Litem Fees and Out County Prisoner Housing; and WHEREAS per Miscellaneous Resolution #03326 an appropriation of $554,222 was authorized to cover a portion of Phase I of the Integrated E-Financial System Implementation Project Cost and a budget amendment is necessary to recognize the transfer to Major Department Support Projects Fund; and WHEREAS several amendments are recommended totaling $231,212 for both the FY 2004 and FY 2005 Budgets, to transfer funds within Departments from Motor Pool allocations to Building Liability Fund allocations, to more accurately reflect insurance charges for department owned vehicles; and WHEREAS a budget amendment of $209,382 for FY 2004 and $ 212,687 for FY 2005 is necessary to reflect an increase in Employee In-Service Training revenue and expenditures for personnel changes per Miscellaneous Resolution #03139 (Human Resources Reorganization); and WHEREAS a budget amendment for FY 2004 and FY 2005 is recommended to transfer funds in the amount of $45,000 from the Fringe Benefit Fund Employee's In-Service Training account to In-Service Training - Info Tech account to centralize expense associated with PeopleSoft training under Information Technology; and WHEREAS the Economic Development Corporation (EDC) Board has approved the FY 2004 Special Revenue Budget for the Oakland Enhancement Fund (230) in the amount of $53,000, which is $7,000 less than the amount budgeted in the FY 2004 Adopted Budget; a budget amendment is recommended to reflect the amount as approved by the EDC Board; and WHEREAS Children's Village is requesting an upgrade to their Mugshot System to convert the current TFP/Printrak application to the new Dynamic Imaging application; and WHEREAS the general Mugshot System acquired by the COPS MORE Grant Fund has a requirement of deployment of police officers which will not be obtained from the Children's Village Mugshot System, and a budget amendment is requested to transfer $11,254 from the FY 2004 CLEMIS Match for COPS MORE Designated Fund Balance to purchase upgrade for the system; and WHEREAS $2,287,419 of previously unspent General Fund/General Purpose funds, designated for carry forwards, is requested to be appropriated to departments for use (Fund 101 - General Ledger Account #9407-079000), as reviewed and recommended by the Department of Management and Budget; and NOW THEREFORE BE IT RESOLVED that the Board of Commissioners accepts the Fiscal Year 2004 First Quarter Financial Forecast. BE IT FURTHER RESOLVED that $2,287,419 from the FY 2004 Designated Fund Balance for Carry Forwards be appropriated as specified below: GENERAL FUND Revenue 90-150000-14000-1582 Prior Years Balance $ 2,287,419 Expenditures 12-240000-41600-3348 Equalization - Professional Svcs $ 40,000 16-121000-10000-3348 Human Services - Professional Svcs 71,250 19-221000-10000-3348 Planning & Econ Dev - Prof. Svc. 31,000 35-210000-12000-3620 Circuit Court - Special Projects 8,369 41-211000-41700-9169 Prosecutor - Misc. Capital 3,500 43-023601-20000-9157 Sheriff - Capital Outlay Equipment 129,500 90-210000-95200-9007 Non-Dept - Road Comm.- Northwestern 2,000,000 Commissioners Minutes Continued. March 18, 2004 161 Highway Extension Total General Fund $2,283,619 HEALTH FUND Expenditures 16-233200-46000-4101 Health Div. - Expend. Equip. Exp $ 3,800 Total Health Fund $ 3,800 Grand Total $ 2,287,419 BE IT FURTHER RESOLVED that $11,234 from the FY 2004 Designated Fund Balance for CLEMIS Match be appropriated as follows: GENERAL FUND Revenue 90-150000-14000-1582 Prior Year Balance $ 11,254 Expenditure 90-310000-98278-8001 Transfer to CLEMIS $ 11,254 $ -0- CLEMIS FUND (#635) Revenue 23-278113-98101-1701 IT - Transfer In $ 11,254 Expenditure 23-278215-35001-9154 IT- Cap. Outlay - Comp. Equip. $ 11,254 $ -0- BE IT FURTHER RESOLVED that the Board authorizes the amendments to the FY 2004 and FY 2005 Budget as detailed in attached Schedule A (General Fund Activity) and Schedule B (Proprietary / Special Revenue Funds Activity). Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Letter of Transmittal – Fiscal Year 2004 First Quarter Report, and Fiscal Year 2004 First Quarter Report General Fund/General Purpose Revenue and Expenditures Summary by Department on file in County Clerk’s Office. Moved by Moss supported by Zack the resolution be adopted. AYES: Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, Kowall, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard, Coleman. (25) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. MISCELLANEOUS RESOLUTION #04073 By: General Government Committee, William R. Patterson, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY ESTABLISHMENT OF LIVE SCAN INTERLOCAL AGREEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the COURT LAW ENFORCEMENT MANAGEMENT INFORMATION SYSTEM ("CLEMIS") is a computerized system that provides access to and entry of law enforcement data and facilitates the exchange of information among public safety agencies. CLEMIS also provides access to various other criminal justice databases. CLEMIS is interfaced with state and federal law enforcement computers, as well as computer systems within other states which maintain records and files essential to the needs of the justice community; and WHEREAS the CLEMIS Division is a division of the Oakland County Department of Information Technology that supports public safety agencies using CLEMIS, that provides services such as training, help desk, and technical support to the public safety agencies, and that is a liaison with the State on law enforcement technology matters; and Commissioners Minutes Continued. March 18, 2004 162 WHEREAS part of this information includes exchange of fingerprint information on Live Scan Equipment; and WHEREAS the CLEMIS Division desires to establish an Interlocal Agreement with certain municipalities to provide maintenance services and preventative maintenance services for the Live Scan Equipment; and WHEREAS the CLEMIS Division and the Department of Corporation Counsel have developed a Live Scan Interlocal Agreement setting forth the rights and obligations of the County and the municipalities; and WHEREAS the municipalities signing this Agreement will be charged an annual fee for these services; and WHEREAS the Oakland County Board of Commissioners is required under the Urban Cooperation Act of 1967 to approve Interlocal Agreements between the County and the municipalities. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached Interlocal Agreement and authorizes the Chairperson of the Board of Commissioners to sign the Agreement for the following municipalities: Ann Arbor Police Department Roseville Police Department Auburn Hills Police Department Royal Oak Police Department Berkley Department of Public Safety Saint Clair Shores Police Department Beverly Hills Department of Public Safety Sterling Heights Police Department Birmingham Police Department Walled Lake Police Department Bloomfield Township Police Department Waterford Police Department Chesterfield Township Police Department Wayne Police Department Dearborn Heights Police Department West Bloomfield Township Police Department Eastpointe Police Department White Lake Police Department Farmington Department of Public Safety Wixom Police Department Farmington Hills Police Department Center Line Department of Public Safety Ferndale Police Department Clinton Township Police Department Fraser Department of Public Safety Dearborn Police Department Garden City Police Department Macomb County Sheriff Grosse Pointe Department of Public Safety Novi Police Department Harper Woods Police Department Pontiac Police Department Hazel Park Police Department Shelby Township Police Department Huntington Woods Department of Public Safety Southfield Police Department Livingston County Sheriff Troy Police Department Livonia Police Department Utica Police Department Madison Heights Police Department Warren Police Department Milford Police Department Washtenaw County Sheriff Northville Twp Department of Public Safety Westland Police Department Oak Park Department of Public Safety Plymouth Township Police Department Rochester Police Department Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Clemis Live Scan Agreement Between Oakland County and Municipality on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. Commissioners Minutes Continued. March 18, 2004 163 REPORT BY: General Government Committee, William R. Patterson, Chairperson IN RE: BOARD OF COMMISSIONERS – APPOINTMENTS TO THE JOB EVALUATION REVIEW PANEL To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the recommendations by the Personnel Committee, recommends the appointments to the Job Evaluation Review Panel, as follows: JOB EVALUATION REVIEW PANEL – (terms ending 12/31/04) Eric Coleman, County Commissioner Mike Rogers, Alternate Eric S. Wilson, County Commissioner Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Moved by Patterson supported by Coulter the General Government Committee Report be accepted. A sufficient majority having voted therefore the report was accepted. Moved by Patterson supported by Moss that Commissioners Eric Coleman, Eric S. Wilson and Commissioner Mike Rogers (alternate) be appointed to the Job Evaluation Review Panel for a term ending December 31, 2004. There were no other nominations and Chairperson Thomas Law declared the nominations closed. Vote on appointments: 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 appointments of Commissioners Eric Coleman, Eric S.Wilson and Comissioner Mike Rogers (alternate) to the Job Evaluation Review Panel for a term ending December 31, 2004 were confirmed. MISCELLANEOUS RESOLUTION #04054 BY: Personnel Committee, Gregory C. Jamian, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT - SALARY ADMINISTRATION PLAN/FIRST QUARTERLY REPORT FOR FISCAL YEAR 2004 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Salary Administration Study Group Reports approved by the Board of Commissioners for Grades 1 - 21 provide for a process for departments and employees to request a review of the salary grade placement of classifications; and WHEREAS the First Quarterly Report for Fiscal Year 2004 identifies the reviews completed 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 implementation of the Salary Administration First Quarterly Report for Fiscal Year 2004, which includes the following personnel actions: Salary Grade Classification From: To: Location-Position Sr Business Development Rep -- 17 19101-02268 Commissioners Minutes Continued. March 18, 2004 164 Reclassify one position to new (not on class: Chief – Automation Alley the plan) Cross Connection & Pretreatment 11 12 61215-06050 Coordinator. Reclassify to new class, Cross Connection & Pretreatment Supervisor, OT Non-exempt Electrical Tech Supervisor 12 13 61208-02915 Reclassify to new class Supervisor – Drain Electrical Systems, OT Non-exempt BE IT FURTHER RESOLVED that the following salary grade changes be approved: Salary Grade Classification From: To: Location-Position Purchasing System Coordinator 12 13 12401-01177 Chief-FM&O 17 18 14719-02297 Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE FISCAL NOTE (MISC. #04054) BY: Finance Committee, Chuck Moss, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT - SALARY ADMINISTRATION PLAN / FIRST QUARTERLY REPORT FOR FISCAL YEAR 2004 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 changes for General Fund/General Purpose positions is $2,642 for FY 2005. The impact on the remainder of FY 2004 is $1,424. 3. Funds have been established in the Classification and Rate Change account to implement salary grade changes resulting from the Salary Administration Quarterly Report recommendations for General Fund/General Purpose positions. 4. The remaining classification changes will be funded as follows: Chief - FM & O (#14719-02297) - Facilities Management Fund (#631) Electronics Technician Supervisor - Drain Equipment Fund (#639) Cross Connect and Pre-Treat Coord. - Water and Sewer Fund (#701) 5. An amendment is recommended for the FY 2004 and FY 2005 Budget as follows: FY 2004 FY 2005 Non-Departmental 90-290000-25000-9021 Class & Rate Change ($1,424) ($2,642) M&B - Purchasing 12-401200-40010-2001 Salary $ 192 $ 357 12-401200-40010-2074 Fringe Benefits 65 121 Comm. & Econ Dev. 19-210000-11030-2001 Salary $ 871 $1,615 19-210000-11030-2074 Fringe Benefits 296 549 Total $ 1,424 $2,642 $ -0- $ -0- FINANCE COMMITTEE Commissioners Minutes Continued. March 18, 2004 165 Moved by Jamian supported by Coleman the resolution be adopted. AYES: Douglas, Gregory, Hatchett, Jamian, Knollenberg, Kowall, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard, Coleman, Coulter, Crawford. (25) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. MISCELLANEOUS RESOLUTION #04074 BY: Personnel Committee, Gregory C. Jamian, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT – FISCAL YEAR 2004 EXTENSION OF THE LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES (AFSCME) COUNCIL 25, LOCAL 2720 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland and AFSCME Council 25, Local 2720, have agreed to extend the provisions of the current collective bargaining agreement covering approximately four Board of Commissioners employees; and WHEREAS this agreement provides for a 2% increase with the pay period beginning September 20, 2003; and WHEREAS the agreement regarding a one year extension has been reached for the period October 1, 2003, through September 30, 2004, and said agreement has been reduced to writing; and WHEREAS the agreement has been reviewed by your Personnel Committee, which recommends approval of the agreement. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the proposed agreement between the County of Oakland and AFSCME Council 25, Local 2720, 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 Memorandum of Agreement on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. REPORT (MISC. #04057) BY: Finance Committee, Chuck Moss, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - RECOMMENDATION TO GRANT A SANITARY EASEMENT TO THE CHARTER TOWNSHIP OF LYON, LOCATED AT OAKLAND- SOUTHWEST AIRPORT, LYON TOWNSHIP (TAX PARCEL NO. 21-04-451-010) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above-referenced resolution, reports with the recommendation that an amendment be made to add "AND TAX PARCEL NO. 21-09-201-001" to the title. Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report. FINANCE COMMITTEE Commissioners Minutes Continued. March 18, 2004 166 MISCELLANEOUS RESOLUTION #04057 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – RECOMMENDATION TO GRANT A SANITARY EASEMENT TO THE CHARTER TOWNSHIP OF LYON, LOCATED AT OAKLAND- SOUTHWEST AIRPORT, LYON TOWNSHIP (TAX PARCEL NO. 21-04-451-010) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is the owner of the Oakland-Southwest Airport, which is located in Lyon Township, Oakland County, Michigan; and WHEREAS the Charter Township of Lyon is in the process of expanding its sanitary sewer system in the northwest quadrant of Lyon Township; and WHEREAS the Charter Township of Lyon has formally requested that the County of Oakland grant the attached sanitary sewer easement to the Township to construct, operate, maintain, repair and/or replace a sanitary sewer and related appurtenances over the northeast corner of the airport property; and WHEREAS the granting of the easement was approved by the Oakland County Airport Committee on November 21, 2003; and WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the granting of the easement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorize and approve the granting of the attached easement for sanitary sewer and related appurtenances to the Charter Township of Lyon for the sum of one dollar. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or designee to execute the attached easement for sanitary sewer and related appurtenances. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Grant of Sanitary Sewer Easement in Gross , and Exhibits A and B on file in County Clerk’s office. FISCAL NOTE (MISC. #04057) BY: Finance Committee, Chuck Moss, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – RECOMMENDATION TO GRANT A SANITARY EASEMENT TO THE CHARTER TOWNSHIP OF LYON, LOCATED AT OAKLAND- SOUTHWEST AIRPORT, LYON TOWNSHIP (TAX PARCEL NO. 21-04-451-010 and TAX PARCEL NO. 21-09-201-001) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The resolution authorizes and approves the granting of an easement for sanitary sewer and related appurtenances to the Charter Township of Lyon for the sum of one (1) dollar. 2. The easement will provide access for construction, operation, maintenance, repair and replacement of a sanitary sewer and related appurtenances over a portion of Oakland Southwest Airport property. 3. Sewer-related improvements constructed on the property will be Lyon Township’s expense. 4. No General Fund/General Purpose amendment is required. FINANCE COMMITTEE Moved by Palmer supported by Potter the resolution be adopted. Moved by Palmer supported by Rogers the Finance Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Commissioners Minutes Continued. March 18, 2004 167 Moved by Palmer supported by Bullard the resolution be amended to coincide with the recommendation in the Finance Committee Report A sufficient majority having voted therefore, the amendment carried. Vote on resolution as amended: AYES: Gregory, Hatchett, Jamian, Knollenberg, Kowall, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard, Coleman, Coulter, Crawford, Douglas. (25) NAYS: None. (0) A sufficient majority having voted therefore, the resolution, as amended was adopted. MISCELLANEOUS RESOLUTION #04075 BY: Planning And Building Committee, Charles Palmer, Chairperson IN RE: COUNTY EXECUTIVE – ACCEPTANCE OF ANTIQUE 1924 OAKLAND AUTOMOBILE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS MCL 123.871 and MCL 45.556(q) provide statutory authority for counties to accept gifts; and WHEREAS pursuant to Miscellaneous Resolution #83204, the Oakland County Board of Commissioners adopted a procedure proposed by the Department of Management and Budget entitled “Acceptance of a Gift Donation and/or Gift Item from Private Sources Procedure”; and WHEREAS Ms. Judy Hewett, wishes to donate an antique 1924 Oakland automobile to the County, the only condition attached to this donation is that the County keep the automobile on permanent public display; and WHEREAS keeping this vehicle on permanent public display requires agreement of the Board of Commissioners through a resolution; and WHEREAS the value of the vehicle is estimated at $10,000, there is no financial match required by this donation and minimal financial obligations to the County. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners acknowledges receipt of the generous gift of an antique 1924 Oakland automobile made by Ms. Judy Hewett. BE IT FURTHER RESOLVED that the Board of Commissioners accepts the donation of the Oakland automobile under the condition that the County permanently keep the automobile on public display, subject to an act of God or other event beyond the control of the County. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. REPORT (MISC. #04063) BY: Finance Committee, Chuck Moss, Chairperson IN RE: 52ND DISTRICT COURT/DIVISION II, CLARKSTON - CREATION OF ADDITIONAL STAFF IN THE PROBATION UNIT AND DOWNWARD RECLASSIFICATION OF COMMUNITY SERVICE OFFICER POSITION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above referenced resolution recommends the following amendment: In the last BE IT FURTHER RESOLVED paragraph, strike the words "and the funding be changed from Community Garden revenue to General District Court Revenue"; and Add the following two (2) BE IT FURTHER RESOLVED paragraphs: BE IT FURTHER RESOLVED that funding for the additional staff and downward reclassification of the Community Service Officer Position will be generated by additional Probation Fee revenue. Commissioners Minutes Continued. March 18, 2004 168 BE IT FURTHER RESOLVED that the 52nd District Court - Division II shall be responsible for all costs associated with the position including salary, fringe benefits, and ancillary operating cost. FINANCE COMMITTEE REPORT (MISC. #04063) BY: Personnel Committee, Gregory Jamian, Chairperson IN RE: 52ND DISTRICT COURT/DIVISION II, CLARKSTON – CREATION OF ADDITIONAL STAFF IN THE PROBATION UNIT AND DOWNWARD RECLASSIFICATION OF COMMUNITY SERVICE OFFICER POSITION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee having reviewed Miscellaneous Resolution #04063 on March 10, 2004 reports with the recommendation the Resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION #04063 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: 52ND DISTRICT COURT/DIVISION II, CLARKSTON – CREATION OF ADDITIONAL STAFF IN THE PROBATION UNIT AND DOWNWARD RECLASSIFICATION OF COMMUNITY SERVICE OFFICER POSITION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Second Division of the 52nd District Court increased the number of judgeships from one to two and Rose and White Lake Townships became part of its jurisdiction effective January 1, 2003; and WHEREAS as a result of these actions the Court caseload has substantially increased; and WHEREAS the Court reports experiencing difficulties managing the additional workload; and WHEREAS additional staff is needed to process the caseload more efficiently; and WHEREAS to address these needs the Second Division is requesting the creation of one (1) full-time eligible Probation Officer I and one (1) full-time eligible District Court Clerk I positions to manage the 40% caseload increase in the Probation unit; and WHEREAS this proposal also involves the downward reclassification of one (1) vacant part-time non- eligible 1,000 hrs./yr. Community Service Officer position to PTNE District Court Clerk I and the transfer of this position from the Probation to the Administration unit; and WHEREAS the Second Division has generated increased revenue and projects that additional revenue will be realized to offset the costs of requested personnel changes. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the creation of one (1) General Fund/General Purpose full-time eligible Probation Officer I and one (1) General Fund/General Purpose full-time eligible District Court Clerk I position in the Probation unit of the 52nd District Court/Division II, Clarkston. BE IT FURTHER RESOLVED that one (1) part-time non-eligible 1,000 hrs./yr. Community Service Officer position (Pos.#10104) be downwardly reclassified to PTNE District Court Clerk I, transferred from the Probation (32305) to the Administration (32301) unit, and the funding be changed from Community Garden revenue to General District Court Revenue. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Commissioners Minutes Continued. March 18, 2004 169 FISCAL NOTE (MISC. #04063) BY: Finance Committee, Chuck Moss, Chairperson IN RE: 52ND DISTRICT COURT/DIVISION II, CLARKSTON – CREATION OF ADDITIONAL STAFF IN THE PROBATION UNIT AND DOWNWARD RECLASSIFICATION OF COMMUNITY SERVICE OFFICER POSITION 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 II requests the creation of one (1) FTE Probation Officer I position, one (1) FTE District Court Clerk I position, and the reclassification and transfer of one (1) PTNE 1,000 hr. Community Services Officer to a PTNE 1,000 hr. District Court Clerk I, from the Probation Unit to Administration Unit. 2. The creation of these positions will enable the Probation Unit to address the increased caseload experienced recently. 3. The cost of the two new positions, partially offset by the reclassification of one position is: salary and fringes of $50,819 for the seven months remaining in FY 2004, and $94,379 for Fiscal Year 2005; the associated operating cost is $3,127 for FY 2004, and $5,982 for FY 2005. 4. Funding for the positions and associated operating costs will be covered by an anticipated increase in revenue of $100,361 per year. 5. The following budget amendment is recommended to the FY 2004 and FY 2005 budget: 52-2 Dist. Ct. (Clarkston) FY 2004 FY 2005 General Fund (101) Revenue 1-32-301100-20006-0813 Probation Fees $ 57,750 $100,361 Total Revenues $ 57,750 $100,361 Expenditures - Probation Unit 2-32-305200-20006-2001 Salaries $ 26,203 $ 48,662 2-32-305200-20006-2074 Fringes 16,693 31,002 2-32-305200-20006-6675 Telephones 646 1,236 2-32-305200-20006-6636 Info Tech Oper 2,481 4,746 3-32-301300-98636-8001 Oper. Trans.Out 3,804 -0- Sub-Total Expenditures $ 49,827 $ 85,646 Expenditures - Administration Unit 2-32-301200-20001-2001 Salaries 7,269 13,500 2-32-301200-20001-2074 Fringes 654 1,215 Sub-Total Expenditures $ 7,923 $ 14,715 Total Expenditures $ 57,750 $100,361 Net of Revenues and Expenditures $ -0- $ -0- Information Technology Fund (636) Transfer In 3-18-636113-98101-1701 Oper. Trans. In $ 3,804 $ -0- Total Transfer In $ 3,804 $ -0- Expenditures – Data Center Operations Unit 2-18-636142-15000-4101 Expendable Equip $ 3,804 $ -0- Sub-Total Expenditures $ 3,804 $ -0- Net Transfers In and Expenditures $ -0 $ -0- FINANCE COMMITTEE Moved by Crawford supported by Potter the resolution be adopted. Moved by Crawford supported by Kowall the Finance Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Commissioners Minutes Continued. March 18, 2004 170 Moved by Crawford supported by Scott the Personnel Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Moved by Crawford supported by Kowall the resolution be amended to coincide with the recommendation in the Finance Committee Report. A sufficient majority having voted therefore, the amendment 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. MISCELLANEOUS RESOLUTION #04064 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: SHERIFF'S OFFICE-LAW ENFORCEMENT SERVICES FOR PARKS AND RECREATION COMMISSION FOR 2004/2005/2006/2007/2008 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is the policy of the Oakland County Board of Commissioners to permit the Sheriff's Office to enter into contractual agreements for the purpose of Law Enforcement Services; and WHEREAS the Sheriff's Office and Parks and Recreation Commission currently have a contract for Law Enforcement Services; and WHEREAS the contract expired on December 31, 2003; and WHEREAS the Parks and Recreation Commission has requested that the contract be continued for the next five years; and WHEREAS these rates are consistent with the rates as established by this board for the local units of government; and WHEREAS Corporation Counsel and Management and Budget have reviewed the attached contract and are in agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Sheriff's Office is hereby authorized to enter into a contract for Law Enforcement Services with the Parks and Recreation Commission for 2004/2005/2006/2007/2008 at the rates provided in the attached contract. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Oakland County Parks and Recreation Commission Contract for Sheriff Law Enforcement Services 2004 – 2008 on file in County Clerk’s office. FISCAL NOTE (MISC. #04064) BY: Finance Committee, Chuck Moss, Chairperson IN RE: SHERIFF'S OFFICE – LAW ENFORCEMENT SERVICES FOR PARKS AND RECREATION COMMISSION FOR 2004/2005/2006/2007/2008 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 Sheriff’s Office and Parks and Recreation Commission currently have a contract for Law Enforcement Services (Miscellaneous Resolution #99073 dated April 15, 1999 as amended by Miscellaneous Resolution #01118 dated May 10, 2001). 2. This contract terminated December 31, 2003. Commissioners Minutes Continued. March 18, 2004 171 3. The Parks & Recreation Commission has requested the contract be continued for the next five (5) years. 4. The new contract covers the personnel costs of one (1) Sergeant (Position #1788) and two (2) Deputy I’s (Position #1946 and #2092). The contract also covers three (3) PTNE Mounted Deputies (Position # 9748, #9749 and #9750 (which are multi-filled) along with ten (10) Park Deputy I’s (Position 7017,7018,7019,7020,7022,7160,7161,7162, 7164 and 7165). 5. Contract Revenue and Operating Costs equal $13,440 for FY 2004. 6. Revenue and Operating Costs for FY 2005 and FY 2006 will be addressed in Oakland County Executive’s Recommended Budget. 7. A budget amendment is recommended for FY 2004 as follows: FUND DEPT OCA PCA OBJECT FY2004 Revenue 101 43 013601 31180 0907 Reimb. Salaries $13,440 Expenditures 101 43 023601 31180 2001 Salaries $10,640 101 43 023601 31180 2002 Overtime 2,800 Total Expenditures $13,440 $ -0- FINANCE COMMITTEE Moved by Crawford supported by Palmer the resolution be adopted. 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 resolution was adopted. MISCELLANEOUS RESOLUTION #04076 BY: Commissioner Eric Coleman, District #23 IN RE: BOARD OF COMMISSIONERS - PAYMENT IN LIEU OF TAXES (PILT) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan provides local units of governments with a Payment in Lieu of Taxes (PILT) for all tax-reverted, recreation and forest land that is owned by the State and administered by the Department of Natural Resources; and WHEREAS the state of Michigan executive budget recommendation on the payment in lieu of taxes (PILT) includes the recommendation that payments on property purchased by the Department of Natural Resources (DNR) shall move from the responsibility of the DNR and be paid from the state’s statutory revenue sharing pot and that payments are frozen at 2003 levels; and WHEREAS in Oakland County, the cities and villages would experience a combined revenue loss of $229,000 and the county would lose $175,000. The revenue loss for all taxing authorities within Oakland County would amount to $1.2 million; and WHEREAS the DNR has not yet paid its obligation under PILT for Fiscal Year 2004, although the Legislature appropriated funding for this purpose; and WHEREAS the Administration’s proposal for revenue sharing this year includes total elimination of county revenue sharing. Linking PILT to this source creates an unstable base of funding for this program which is critical to maintain key county services; and WHEREAS freezing PILT payments potentially increases the tax burden of all other county residents and represents a real cut in funding for critical programs because of Headlee requirements; and WHEREAS the Administration’s proposal takes away any incentive for the DNR to utilize prudence in deciding which parcels of property to purchase; and Commissioners Minutes Continued. March 18, 2004 172 WHEREAS these two programs have distinctly different purposes, revenue sharing is to be utilized statewide for counties to conduct state-mandated programs, and PILT is used to offset pressures of providing services in those specific areas where state land is prevalent; and WHEREAS another component of this budget proposal is to cap commercial forest payments at 1994 levels, a proposal which is particularly difficult for Upper Peninsula Counties; and WHEREAS Oakland County officially opposes the Administration’s proposal for PILT funding and strongly urges the Legislature to maintain the current process of having the DNR make PILT payments. NOW THEREFORE BE IT RESOLVED that Oakland County supports funding the payments by utilizing any and all possible DNR sources of funding, including restricted funds and revenue from the sale of state lands. BE IT FURTHER RESOLVED that Oakland County also supports efforts to streamline tax bills so the DNR gets just one bill from each county and supports giving local governments veto authority on future DNR land purchases, in their respective jurisdictions. BE IT FURTHER RESOLVED that the Oakland County Clerk forward copies of this adopted resolution to Governor Jennifer Granholm, Senator Shirley Johnson, Senator Michelle McManus, Representative Marc Shulman, Representative John Pastor, the Oakland County delegation to the state legislature, Michigan Association of Counties and Oakland County's legislative lobbyists. Chairperson, we move the adoption of the foregoing resolution. ERIC COLEMAN, VINCENT GREGORY, HELAINE ZACK, MATTIE HATCHETT, HUGH CRAWFORD, JEFF POTTER, CHARLES PALMER, ERIC WILSON, CHUCK MOSS, GEORGE SUAREZ, WILLIAM PATTERSON, MARTIN KNOLLENBERG, CHRISTINE LONG, EILEEN KOWALL, JOHN SCOTT, SUE ANN DOUGLAS, GREG JAMIAN, MICHAEL ROGERS The Chairperson referred the resolution to the General Government Committee. There were no objections. Commissioner Tom McMillin per Board Rule XIII.F addressed the board and gave notice of intent to discharge Miscellaneous Resolution #04065 – BOARD OF COMMISSIONERS – REQUEST FOR TAX CUT from the Finance Committee. MISCELLANEOUS RESOLUTION #04077 BY: Sue Ann Douglas, District #12; Peter Webster, District #18; John Scott, District #5; Eileen Kowall, District # 6; Bill Bullard, Jr. , District #2 IN RE: BOARD OF COMMISSIONERS - OPPOSE GOVERNOR’S BUDGET PLAN TO COLLECT COUNTY TAXES IN JULY OF EACH YEAR AND RECOMMEND TO CITIES, VILLAGES AND TOWNSHIPS LANGUAGE TO PLACE ON SUMMER TAX STATEMENTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Governor’s proposed budget suspends Revenue Sharing payments to counties; and WHEREAS the Governor’s proposed budget moves the collection date for county taxes up from December 2004 to July 2004; and WHEREAS the early collection date requires counties to collect the taxes in mid 2004 that would normally be collected in December 2004 and would be used to fund their 2005 budgets; and WHEREAS the Governor’s budget requires each county to place all of the money from the early tax collection into a reserve fund to pay itself the equivalent of state revenue sharing each year until each county’s fund is exhausted; and WHEREAS the amount lost to fund Oakland County’s 2005 budget will be approximately $200 million; and WHEREAS taxpayers will be required to pay these taxes early with little notice and mortgage escrow accounts will not be adequately funded to meet the requirements of the Governor’s proposed budget; and Commissioners Minutes Continued. March 18, 2004 173 WHEREAS the Governor’s proposed budget effectively shifts a statewide $1.4 billion responsibility for county Revenue Sharing from the State of Michigan to local taxpayers; and WHEREAS the Governor’s proposed budget will cause counties to use their reserve funds and/or seek short term loans or seek new taxes to meet their cash flow needs during the first half of each year; and WHEREAS local units of government in Oakland County send out the summer tax statements. NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners opposes the Governor’s plan to shift a statewide $1.4 billion State Revenue Sharing tax burden to county taxpayers by requiring the early collection of county property taxes for the purpose of replacing lost State Revenue Sharing. BE IT FURTHER RESOLVED that should the Governor’s tax shift plan pass the Legislature, the Oakland County Board of Commissioners requests that all local units of Government please place the following information on their 2004 summer tax statements: “Your summer tax bill has increased because the Governor and Legislature decided to collect county taxes early and shift a $1.4 billion State Revenue Sharing burden to local taxpayers. Oakland County has opposed this action and recommends that you contact the Governor and State elected officials to voice your opinion.” BE IT FURTHER RESOLVED that this resolution be sent to all Oakland County cities, villages and townships, Governor Jennifer Granholm and the Oakland County legislative contingent. Chairperson we move the adoption of the foregoing resolution. SUE ANN DOUGLAS, PETER WEBSTER, JOHN SCOTT, EILEEN KOWALL. BILL BULLARD, JR., CHUCK MOSS, CHRISTINE A. LONG, ERIC WILSON, TOM McMILLIN, WILLIAM PATTERSON, THOMAS MIDDLETON, MARTIN KNOLLENBERG, HUGH CRAWFORD, THOMAS LAW, MICHAEL ROGERS, DAVID MOFFITT, JEFF POTTER, GREG JAMIAN, CHARLES PALMER, GEORGE SUAREZ, HELAINE ZACK, ERIC COLEMAN, MATTIE HATCHETT, VINCENT GREGORY The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #04078 BY: Commissioner Eileen T. Kowall, District #6 IN RE: BOARD OF COMMISSIONERS - SUPPORT FOR STATE HOUSE RESOLUTION NO. 159 - DETROIT WATER AND SEWER COMMITTEE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan State Legislature adopted House Resolution No. 159, to create a select committee to review the practices and policies of the Detroit Water and Sewerage Department (DWSD); and WHEREAS the Detroit Water and Sewerage Department is responsible for providing water services to 4.3 million people in more than 125 communities throughout 8 counties in southeastern Michigan; and WHEREAS in recent years, the Detroit Water and Sewerage Department has been increasingly criticized over apparent inconsistencies in its policies, questionable rate differences among communities, and uncertain lines.of authority and communication; and WHEREAS with the magnitude of the system's impact on the most populous region of Michigan, the operation of this system and the issues raised need to be correctly identified and addressed; and WHEREAS an audit conducted to review the department's rate setting uncovered millions of dollars in overcharges to Oakland County communities. This discovery has raised serious questions about the accuracy of rates charged throughout the system and the efficiency of many of its procedures; and WHEREAS the Oakland County Board of Commissioners adopted Miscellaneous Resolution #04027, which declared that the Mayor of Detroit and the Detroit City Council must permit an evaluation of the efficiency of the DWSD operations by an independent, outside consultant and such evaluation should be Commissioners Minutes Continued. March 18, 2004 174 conducted in a public forum to provide assurances that DWSD is operated efficiently and cost effectively; and WHEREAS the efficiency of the Detroit Water and Sewerage Department is vitally important to Michigan's future. The massive power blackout of August 14, 2003, renewed concerns over problems with the Detroit Water and Sewerage Department. Problems could be very harmful not only to Oakland County residents and businesses, but also to the state's competitiveness; and WHEREAS the Michigan House of Representatives acted to create a select committee to review the practices and policies of the Detroit Water and Sewerage Department, including the setting of rates throughout the system; the department's billing practices, processes, and procedures; how the department will refund overcharges; and clarifying the oversight relationship between the department and the Southeast Michigan Consortium for Water Quality; and WHEREAS the House Select Committee created to review the practices and policies of the Detroit Water and Sewerage Department consists of seven (7) members from the House of Representatives, appointed in the same manner as standing committees of the House of Representatives; and WHEREAS the House Select Committee is to report its findings and recommendations to the Michigan Legislature by June 30, 2004. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby supports the House Select Committee that was created with the adoption of House Resolution No. 159, to review the practices and policies of the Detroit Water and Sewerage Department. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners requests the Michigan House of Representatives to publish the findings of the House Select Committee. BE IT FURTHER RESOLVED that the Oakland County Clerk forward copies of this adopted resolution to Governor Jennifer Granholm, Representative Shelley G. Taub, the Oakland County delegation to the state legislature, Michigan Association of Counties and Oakland County's legislative lobbyists. Chairperson, we move the adoption of the foregoing resolution. EILEEN T. KOWALL, ERIC COLEMAN, SUE ANN DOUGLAS, JEFF POTTER, THOMAS MIDDLETON, CHRISTINE LONG, MARTIN KNOLLENBERG, WILLIAM PATTERSON, GREG JAMIAN, CHARLES PALMER, ERIC WILSON, TOM McMILLIN, GEORGE SUAREZ, HELAINE ZACK The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #04079 BY: Commissioner Charles E. Palmer, District #19; Commissioner Greg Jamian, District #16 IN RE: BOARD OF COMMISSIONERS – SUPPORT OF A CHOICE PROGRAM THAT PROVIDES COMPETITIVE ELECTRIC PRICES FOR OUR CITIZENS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan legislature adopted PA 141 in an attempt to provide Michigan citizens a choice of affordable electric power; and WHEREAS Michigan residents, under the current law, are at risk for severe power interruptions due to the out-of-state companies utilizing Michigan’s existing infrastructure without contributing to the capital investment of the system. The current Choice Program created by this Act is unsustainable and will lead to unreasonable rates for small business and residential customers and a bankrupt electrical system; and WHEREAS consideration should be given to correcting the Choice Program, while maintaining both a significant choice and a regulated market for our citizens; and WHEREAS any Choice Market should provide a level playing field, permitting utilities to compete with non-utilities, requiring each to have the same reserve requirements and provide adequate, reliable sources of power for all Michigan consumers. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports a Choice Program that provides competitive electric prices for our citizens, while creating a level playing field for all electrical companies who offer utility services to Michigan’s people. Commissioners Minutes Continued. March 18, 2004 175 BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners supports modification of the Act to ensure Michigan’s electric supply remains reliable and affordable. BE IT FURTHER RESOLVED that certified copies of this resolution be forwarded to Governor Jennifer Granholm, Oakland County's State legislators and the Michigan Association of Counties. Chairperson, we move adoption of the foregoing resolution. CHARLES E. PALMER, GREG JAMIAN, CHRISTINE LONG, GEORGE SUAREZ, HUGH CRAWFORD, ERIC WILSON, MICHAEL LONG, MARTIN KNOLLENBERG, SUE ANN DOUGLAS, BILL BULLARD JR., THOMAS MIDDLETON, EILEEN KOWALL, WILLIAM PATTERSON, JEFF POTTER The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION # 04080 BY: Commissioner William R. Patterson, District 31 IN RE: BOARD OF COMMISSIONERS - SUPPORT OF MICHIGAN CONSUMER PRESCRIPTION PROTECTION LEGISLATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners are dedicated to supporting efforts to preserve and improve the health, safety and welfare of the residents of our community; and WHEREAS in order to maintain quality health care, it is imperative that the opportunity for the residents of Oakland County to choose the pharmacy of their choice is guaranteed; and WHEREAS in 2003, a reported $1.15 Billion in prescription drugs were mailed out of the State of Michigan and the number of prescriptions projected to be filled out-of-state is expected to exceed $2 Billion in 2004; and WHEREAS local community pharmacies are willing to provide the same quality, professional services at the same price as mail order pharmacies located outside of the State of Michigan, without an increase in cost to the customer or to their employer; and WHEREAS the pharmacy services provided by local community pharmacists provides more personal, customer friendly services than the pharmacy services provided by out-of-state mail order pharmacies; and WHEREAS the Michigan Legislature has introduced a package of bills - the Consumer Prescription Protection Legislation - House Bills 4987, 5435, 5436, 5437 and 5438; and WHEREAS the Consumer Prescription Protection Legislation proposes to preserve consumer choice - at the same cost - for prescription services by allowing Michigan community pharmacies to provide a 90-day supply of medication for the same co-pay as out-of-state mail order pharmacies; and WHEREAS the Consumer Prescription Protection Legislation would allow prices to be as low at community pharmacies as they are through mail order; and WHEREAS the Consumer Prescription Protection Legislation would ensure that consumers can continue to rely on community pharmacists for life-saving counseling and advice; and WHEREAS the Consumer Prescription Protection Legislation would ensure patient safety when receiving medications by mail - by requiring mail order pharmacies to meet the same professional, counseling, safety and quality control standards required of community pharmacies; and WHEREAS the Consumer Prescription Protection Legislation would help reduce the flow of $2 Billion out of Michigan for mail order prescription drugs by creating a level playing field for mail order and community pharmacies; and WHEREAS the Consumer Prescription Protection Legislation would allow mail order and community pharmacies to be reimbursed identically for the same covered prescriptions, including the same co-pay, dispensing fees and performance-based incentives. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby supports the major provisions contained in the Consumer Prescription Protection Legislation. Commissioners Minutes Continued. March 18, 2004 176 BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners requests the Oakland County Clerk to forward copies of this adopted resolution to the Governor of the State of Michigan, the Michigan House of Representatives' Health Policy Committee, the Oakland County delegation to the state legislature, the Michigan Association of Counties and Oakland County’s legislative lobbyists. Chairperson, we move the adoption of the foregoing Resolution. WILLIAM R. PATTERSON, HUGH CRAWFORD, THOMAS MIDDLETON, TOM McMILLIN, HELAINE ZACK, EILEEN KOWALL, JEFF POTTER, CHRISTINE LONG, CHARLES PALMER, ERIC COLEMAN, MARTIN KNOLLENBERG, THOMAS MIDDLETON, SUE ANN DOUGLAS, MICHAEL ROGERS, GREG JAMIAN, CHARLES PALMER, ERIC WILSON, GEORGE SUAREZ, VINCENT GREGORY, DAVID COULTER The Chairperson referred the resolution to the General Government Committee. There were no objections. The Board adjourned at 10:50 a.m. to the call of the Chair or March 25, 2004, at 7:00 p.m. G. WILLIAM CADDELL THOMAS A.LAW Clerk Chairperson