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HomeMy WebLinkAboutMinutes - 2004.05.06 - 8347246 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES May 6, 2004 Meeting called to order by Chairperson Thomas Law at 9:49 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 Eric Coleman. Pledge of Allegiance to the Flag. Moved by Knollenberg supported by Long the minutes of the April 22, 2004, Board Meeting be approved. A sufficient majority having voted therefore, the minutes were approved as printed. Moved by Webster supported by Scott the rules be suspended and the agenda be amended by moving Planning and Building Committee, item c: Planning and Economic Development Services Division Resolution Approving Project Plan (Exhibit Enterprises, Inc. Project) – City of Rochester Hills to the Regular Agenda. Moved by Webster supported by Scott the rules be further amended as follows: ITEMS ON BOARD AGENDA PUBLIC SERVICES COMMITTEE d. Department of Public Services/MSU Extension – 2004 Gypsy Moth Suppression Program Community Spray Contracts. e. Sheriff’s Office – Establishment of Standard Law Enforcement Services Agreement with the Charter Township of Royal Oak, January 1, 2004 – December 31, 2008. (Reason for Suspension of Public Services Committee, items d and e: Waiver of Rule XII.C.1 – Direct referral to the Finance Committee.) Commissioners Minutes Continued. May 6, 2004 247 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. Chairperson Thomas A. Law along with Commissioners Eric Coleman, Vincent Gregory, and Helaine Zack presented Muriel Zweigel with a proclamation honoring her for her lifetime of giving and joined with the City of Southfield in recognizing her for her tremendous community contributions and accomplishments. Chairperson Thomas A. Law along with Michael Rogers and Christine Long presented Blake Soulet of Commerce Township with a proclamation honoring him for his tremendous leadership and academic abilities. Blake Soulet was selected from 200 students to participate in the Junior National Youth Leaders Conference and served as a delegate in our nation’s capitol. Chairperson Thomas A. Law made the following statement: “A Public Hearing is now called on Planning and Economic Development Services Division Resolution Approving Project Plan (Exhibit Enterprises, Inc. Project) – City of Rochester Hills. Are there any persons present who wish to speak?” No persons requested to speak and the Chairperson declared the Public Hearing closed. Deputy Clerk/Register Frank H. Millard, Jr. read a communication from Commissioner Martin J. Knollenberg resigning as member of the Personnel Appeal Board. Deputy Clerk/Register Frank H. Millard, Jr. read a communication appointing Chief Ted Glynn of the Rochester Police Department to replace Chief Gary Goss to serve on the Community Corrections Advisory Board for an unexpired term ending July 20, 2004. Deputy Clerk/Register Frank H. Millard, Jr. read a communication appointing Commissioner Christine Long as a member of the Personnel Appeal Board for a term ending December 31, 2004. Deputy Clerk/Register Frank H. Millard, Jr. read a communication from Chief Circuit Judge Wendy Potts thanking the Board of Commissioners for their recent approval of a visiting judge so that trial-ready civil cases may be addressed on a timely basis. Moved by Zack supported by Wilson the resolutions on the Consent Agenda be adopted (with the Oakland County Drain Commissioner Annual Report 2003 being confirmed). (The vote for this motion appears on page 253.) The resolutions on the Consent Agenda follow (annotated by an asterisk {*}): *MISCELLANEOUS RESOLUTION #04103 By: General Government Committee, William Patterson, Chairperson IN RE: COUNTY CLERK/REGISTER OF DEEDS – NEW NOTARY PUBLIC ACT; REQUEST TO ASSESS MANDATED APPLICATION FEE PURSUANT TO STATUTE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS effective April 1, 2004, a new statute was put into effect which established new rules, procedures and fees relative to the appointment of a notary public in the state of Michigan, known as the Michigan Notary Public Act, Act 238 of 2003; and WHEREAS the Notary Public statute (MCL 55.273 (3) ) mandates that each applicant "shall pay a $10.00 filing fee to the county clerk" and that from this $10.00 fee, an amount of $2.00 "of each fee collected" shall be deposited into the state's notary education and training fund established otherwise within the statute; and Commissioners Minutes Continued. May 6, 2004 248 WHEREAS the result of this resolution will bring Oakland County's fee structure in line with the state mandated fee structure for Notary Public resulting in the county portion rising from $1.00 under the old law to a $8.00 per application payable to the general fund. NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners authorizes the Clerk and Register of Deeds to increase the county fee for notary public application to $10.00 per application with $2.00 of this fee to be deposited into the notary education and training fund as mandated by P.A. 238 of 2003. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE FISCAL NOTE (MISC. #04103) BY: Finance Committee, Chuck Moss, Chairperson IN RE: COUNTY CLERK/REGISTER OF DEEDS – NEW NOTARY PUBLIC ACT; REQUEST TO ASSESS MANDATED APPLICATION FEE PURSUANT TO STATUTE 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. 238 of 2003 authorizes the Clerk Register of Deeds Office to increase the notary public application fee by $7 to bring Oakland County’s fee structure in line with the state mandated fee structure for Notary Public. 2. Of the assessed fee of $10, $8 is payable to the general fund, and $2 of this fee is to be deposited into the notary education and training fund as mandated by P.A. 238 of 2003. 3. General Fund – Notary Commissions revenues is anticipated to increase $40,000 per year ($16,923 for the balance of FY 2004) based on estimated volume of 5,715 applications for notarization of documents. 4. The General Fund budget is amended for the FY 2004 and FY 2005 for Clerk Register of Deeds as follows: GENERAL FUND FY 2004 FY 2005 Revenues 1-21-120100-01000-0721 Notary Commis $ 16,923 $ 40,000 Total Revenues $ 16,923 $ 40,000 GENERAL FUND Expenditures 2-90-290000-25000-2564 Contingency $ 16,923 $ 40,000 Total Expenditures $ 16,923 $ 40,000 Net of Revenues & Expenditures $ -0- $ -0- FINANCE COMMITTEE (The vote for this motion appears on page 253.) *MISCELLANEOUS RESOLUTION #04104 By: General Government Committee, William Patterson, Chairperson IN RE: COUNTY CLERK/REGISTER OF DEEDS – NEW NOTARY PUBLIC ACT; REQUEST TO AMEND SERVICE CHARGE AS PROVIDED BY STATUTE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS effective April 1, 2004, a new statute was put into effect which established new rules, procedures and fees relative to the appointment of a notary public in the state of Michigan, known as the Michigan Notary Public Act (P.A. 238 of 2003); and WHEREAS currently the Clerk/Register assesses a service charge of $2.00 to notarize a document and a $1.00 service charge to prepare a Certification of Notary for our customers in need of such services; and WHEREAS the Michigan Notary Public Act 238 of 2003, Section (7) provides that " the fee charged by a notary public for performing a notarial act shall not be more than $10.00 for any individual transaction or Commissioners Minutes Continued. May 6, 2004 249 notarial act" and in Section (10) that a "county clerk may collect a service charge fee of $10.00 for certifying a notarial act of a notary public."; and WHEREAS though it is within the purview of the Board of Commissioners to set the fee that may be charged by the Clerk/Register of Deeds for notary services, it is recommended to the Board that the service charge be increased to $3.00 for notarization of a document and $5.00 for certification of notary. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Clerk and Register of Deeds to increase the county service charge for notary public services to $3.00 per notarization of document and $5.00 per certification of notary as is permitted under the Michigan Notary Public Act 238 of 2003. Chairperson on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE FISCAL NOTE (MISC. #04104) BY: Finance Committee, Chuck Moss, Chairperson IN RE: COUNTY CLERK/REGISTER OF DEEDS – NEW NOTARY PUBLIC ACT; REQUEST TO AMEND SERVICE CHARGE AS PROVIDED BY STATUTE 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. 238 of 2003 authorizes the Clerk Register of Deeds Office to increase notary public service charge fees by $1 per notarization of a document, and $4 per certification of notary. 2. General Fund – Notary Commissions revenues are anticipated to increase $4,000 per year ($1,692 for balance of FY 2004), for estimated combined increases in service charge fees for notarization of documents, and certifications of notary, based on historical volume of activity. 3. A budget amendment is recommended for FY 2004 and FY 2005 for Clerk Register of Deeds as follows: GENERAL FUND FY 2004 FY 2005 Revenues 1-21-120100-01000-0701 Miscellaneous $ 1,692 $ 4,000 Total Revenues $ 1,692 $ 4,000 GENERAL FUND Expenditures 2-90-290000-25000-2564 Contingency $ 1,692 $ 4,000 Total Expenditures $ 1,692 $ 4,000 Net of Revenues & Expenditures $ -0- $ -0- FINANCE COMMITTEE (The vote for this motion appears on page 253.) *MISCELLANEOUS RESOLUTION #04109 BY: Planning and Building Committee, Charles A. Palmer, Chairperson IN RE: OAKLAND COUNTY DRAIN COMMISSIONER – RESOLUTION AMENDING MISCELLANEOUS RESOLUTION #8603 - ANNUAL REPORT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution #8603, adopted September 21, 1978, authorized the Oakland County Drain Commissioner to make an annual report to the Board of Commissioners on or before April 2 of each year including “a full financial statement of each Drainage District to cover the preceding calendar year ending December 31 of each year”; and WHEREAS on October 1, 1998, Oakland County changed its fiscal year to an October 1 – September 30 format, all financial statements are prepared on that basis; and WHEREAS the change in fiscal year requires an amendment to Miscellaneous Resolution. #8603 to clarify that the Drain Commissioner Annual Report will cover the proceeding fiscal year ending September 30 each year; and Commissioners Minutes Continued. May 6, 2004 250 WHEREAS in addition, Miscellaneous Resolution #8603 did not specify a reporting mechanism. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes the Oakland County Drain Commissioner, under the provisions of Public Act 104 of the Public Acts of 1978, to make an annual report to the Oakland County Board of Commissioners on or before April 2 each year, including financial statements for each Drainage District, to cover the preceding fiscal year ending September 30 each year. BE IT FURTHER RESOLVED that the Drain Commissioner Annual Report be delivered to the appropriate liaison committee on or before April 2 each year. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE (The vote for this motion appears on page 253.) *REPORT BY: Planning and Building Committee, Charles Palmer, Chairperson IN RE: OAKLAND COUNTY DRAIN COMMISSIONER ANNUAL REPORT 2003 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the Oakland County Drain Commissioner Annual Report on April 27, 2004, reports with the recommendation the Board of Commissioners accept the attached 2003 Annual Report. Chairperson, on behalf of the Planning and Building Committee, I submit the foregoing report. PLANNING AND BUILDING COMMITTEE Copy of letter from Drain Commissioner John P. McCulloch, and 2003 Annual Report Oakland County Office of the Drain Commissioner on file in County Clerk’s office. (The vote for this motion appears on page 253.) *MISCELLANEOUS RESOLUTION #04106 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: SHERIFF'S OFFICE - CONTRACT FOR AUXILIARY DEPUTY SERVICES IN THE CITY OF PONTIAC 2004-2006 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is policy of the Oakland County Board of Commissioners to permit the Sheriff’s Department to enter into contracts with local units of government for the purpose of providing Sheriff patrol services; and WHEREAS Miscellaneous Resolution #03265 adopted October 2, 2003, established the standard law enforcement services overtime rates for the period 2004-2008; and WHEREAS the City of Pontiac has requested that the Oakland County Sheriff provide patrol services to the citizens of the City for special events within the City; and WHEREAS the City of Pontiac has requested that a contract for special events on an overtime basis be authorized; and WHEREAS by Miscellaneous Resolution #02119 the Board of Commissioners authorized a contract for these services for 2002 and 2003; and WHEREAS the Sheriff has agreed to contract for this service with the City of Pontiac. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached contract with the City of Pontiac for special events on an overtime basis at rates established by this Board. BE IT FURTHER RESOLVED that this contract will take effect on April 1, 2004. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Commissioners Minutes Continued. May 6, 2004 251 Copy of Contract for Auxiliary Sheriff’s Deputy Services for the City of Pontiac, and Attachments A and B on file in County Clerk’s office. FISCAL NOTE (MISC. #04106) BY: Finance Committee, Chuck Moss, Chairperson IN RE: SHERIFF'S OPFFICE- CONTRACT FOR AUXILIARY DEPUTY SERVICES IN THE CITY OF PONTIAC 2004-2006 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 City of Pontiac has requested a contract between the City of Pontiac and the Oakland County Sheriff for patrol services to the citizens of the City for special events. 2. Miscellaneous Resolution #03265, adopted October 2, 2003, established the standard overtime rates for the period 2004-2008 and Miscellaneous Resolution #02119 authorized a contract for these services for 2002 and 2003. 3. The contract will take effect on April 1, 2004 and continue through December 31, 2006. 4. Sufficient revenue and expenditures have been included in Fiscal Year 2004 and the County Executive Recommended Budgets for FY 2005 and FY 2006 to cover the terms of the proposed contract. No additional appropriation is required. FINANCE COMMITTEE (The vote for this motion appears on page 253.) *MISCELLANEOUS RESOLUTION #04107 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: COUNTY EXECUTIVE, EMERGENCY RESPONSE AND PREPAREDNESS - TORNADO WARNING SYSTEM EXPANSION – TOWNSHIP OF BRANDON To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution #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 Brandon, has executed the attached purchase agreement; and WHEREAS the Township of Brandon 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 Brandon 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 authorizes the contract with the Township of Brandon 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 Brandon. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Township of Brandon Tornado Sirens Budget Summary and Severe Weather Warning System Interlocal Agreement between Oakland County and Brandon Township on file in County Clerk’s office. Commissioners Minutes Continued. May 6, 2004 252 FISCAL NOTE (MISC #04107) BY: Finance Committee, Chuck Moss, Chairperson IN RE: COUNTY EXECUTIVE, EMERGENCY RESPONSE AND PREPAREDNESS – TORNADO WARNING SYSTEM EXPANSION –TOWNSHIP OF BRANDON 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 recognizes that Brandon Township has issued a purchase agreement for the purchase of one (1) warning siren and has requested to become part of the County’s centrally activated tornado warning system. 2. The total cost of the siren is $21,000. 3. The Township of Brandon has agreed to pay $15,750, seventy-five percent (75%) of the estimated cost of the siren. 4. The County of Oakland will pay twenty-five percent (25%) of the estimated cost, $5,250. 5. Consistent with past agreements, the County will retain ownership and be responsible for the maintenance and electrical costs for the siren. 6. Funds are available in the FY2004 Emergency Response and Preparedness budget to cover cost. 7. No additional budget amendments are necessary. FINANCE COMMITTEE (The vote for this motion appears on page 253.) *MISCELLANEOUS RESOLUTION #04110 By: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS - APPLICATION/ACCEPTANCE OF POWER OUTAGE PUBLIC ASSISTANCE GRANT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the President declared an emergency on September 23, 2003 for certain areas of the state resulting from a power outage during the incident period of August 14 - 17, 2003; and WHEREAS Section 503 of the Stafford Act limits federal assistance to not more than $5,000,000 for the State of Michigan for the power outage impact; and WHEREAS the emergency declaration and emergency protective measures are eligible for reimbursement in the area of Public Assistance program to save lives and protect public health, safety, and property; and WHEREAS other applying, eligible municipalities, schools, and other non-profit agencies will receive their own award; and WHEREAS a worksheet was filed with the FEMA for the Oakland County Drain, Facilities Management, Health, Sheriff, and Parks and Recreation Departments for $276,026; and WHEREAS the total eligible costs for each applicant will be reduced by 23.17% to $212,070.53 in order to disburse the $5,000,000 funds in an equitable manner, per State of Michigan direction and within the limit of the Stafford act; and WHEREAS seventy five percent Federal share and administrative allowances (both calculated on the reduced eligible cost base) will be paid to the county for a total of $164,294.31. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves and accepts the Oakland County public assistance funding as awarded in the amount of $164,294.31 for FEMA - 3189 - EM declaration. 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 Commissioners Minutes Continued. May 6, 2004 253 Copy of Oakland County Presidential Declaration Synopsis, Contract Review – Emergency Response and Preparedness memo, letter from John Ort, Captain, Public Assistance Grant Agreement FEMA-3189- EM, Federal Emergency Management Agency Project Application, and County Applicants on file in County Clerk’s office. FISCAL NOTE (MISC. #04110) BY: Finance Committee, Chuck Moss, Chairperson IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS – APPLICATION/ ACCEPTANCE OF POWER OUTAGE PUBLIC ASSISTANCE GRANT 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. Emergency Response and Preparedness, representing all of Oakland County was awarded a Federal grant from the Federal Emergency Management Association (FEMA) resulting from a power outage during the period of August 14 - 17, 2003 in the amount of $164,294.31. 2. A request for assistance was filed to Federal Emergency Management Agency (FEMA) for Oakland County Drain, Facilities Management, Health, Sheriff, Parks and Recreation, Information Technology, Central Services, County Executive, Management & Budget, Clerk, Circuit Court and Prosecutors for $276,026. 3. Total eligible costs for each applicant was reduced by 23.17% to $212,070.53 in order to disburse the $5,000,000 funds in an equitable manner, per State of Michigan direction and within the limit of the Stafford Act. 4. Seventy five percent Federal share and administrative allowances (both calculated on the reduced eligible cost base) will be paid to the County for a total amount of $164,294.31. 5. A budget amendment is recommended to the FY 2004 Budget to record grant revenue proceeds, reimburse Drain, Facilities Management, Health, Sheriff, Parks and Recreation, Information Technology, Central Services and Non-Departmental for power outage expenditures per the attached schedule. FINANCE COMMITTEE Copy of Oakland County Blackout of 2003 Public Assistance Request on file in County Clerk’s office. Vote on resolutions on the Consent Agenda: AYES: Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, Kowall, 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 and the Report confirmed. MISCELLANEOUS RESOLUTION MISC #04111 BY: Finance Committee, Chuck Moss, Chairperson IN RE: FACILITIES MANAGEMENT/FACILITIES ENGINEERING - AWARD OF CONTRACT FOR THE 2004 ROOF REPLACEMENT PROGRAM – ADMINISTRATIVE ANNEX II PROJECT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Fiscal Year 2004 Capital Improvement Program includes funding in the amount of $375,000 for the 2004 Roof Replacement Program; and WHEREAS the Planning and Building Committee on January 13, 2004 authorized advertising and receipt of bids for the replacement of the Administrative Annex II Building roof and installation of a lightning protection system; and WHEREAS in accordance with Purchasing Division procedures, bids for the 2004 Roof Replacement Program – Administrative Annex II Project were received and reviewed by the Planning and Building Committee on April 27, 2004; and Commissioners Minutes Continued. May 6, 2004 254 WHEREAS the lowest responsible bidder is Bloom Roofing, of Ann Arbor, Michigan with a bid in the amount of $181,300; and WHEREAS total project costs of $229,600 are recommended by the Facilities Engineering Division and are available in the Capital Improvement Program/Building Fund (#401), including the contract award of $181,300, FM&O costs of $10,000, and contingency of $38,300. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the award of contract for the 2004 Roof Replacement Program – Administrative Annex II Project to Bloom Roofing, of Ann Arbor, Michigan in the amount of $181,300. BE IT FURTHER RESOLVED that the Board of Commissioners authorizes transfer of funding in the amount of $229,600 from the Capital Improvement Program/Building Fund (#401) to the Project Work Order Fund (#404) to establish the 2004 Roof Replacement Program – Administrative Annex II Project. BE IT FURTHER RESOLVED that the Fiscal Year 2004 Budget is amended as follows: Building Improvement Fund #401 3-14-310006-10000-8001 Operating Transfer Out ($229,600) Project Work Order Fund #404 3-14-310007-80343-1701 Operating Transfer In $229,600 $ -0- Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE REPORT (MISC. #04111) BY: Planning and Building Committee, Charles Palmer, Chairperson IN RE: 2004 ROOF REPLACEMENT – ADMINISTRATIVE ANNEX II, PROJECT 03-4 To the Oakland County Finance Committee Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed on April 27, 2004, the bids received for the above referenced project, reports with the recommendation the County enter into a contract with Bloom Roofing in the amount of $181,300.00. The Committee further recommends funding the total project cost of $229,600.00 including contingency, be approved. Chairperson, on behalf of the Planning and Building Committee, I submit the foregoing report. PLANNING AND BUILDING COMMITTEE Moved by Moss supported by Palmer the resolution be adopted. Moved by Moss supported by Coulter the Planning and Building Committee Report and the Finance Committee Report be accepted. A sufficient majority having voted therefore, the reports were accepted. Vote on resolution: 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. REPORT MISC. #04105 BY: Personnel Committee, Gregory Jamian, Chairperson IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION/JAIL HEALTH PROGRAM – CREATION OF TWO (2) GF/GP FULL-TIME ELIGIBLE GENERAL STAFF NURSE POSITIONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee having reviewed Miscellaneous Resolution #04105 on April 28, 2004 Reports with the recommendation the Resolution be adopted. Commissioners Minutes Continued. May 6, 2004 255 Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION #04105 BY: General Government Committee, William R. Patterson, Chairperson IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION/JAIL HEALTH PROGRAM - CREATION OF TWO (2) GF/GP FULL-TIME ELIGIBLE GENERAL STAFF NURSE POSITIONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution #86196 authorized the housing of female inmates at the Sheriff’s Work Release Facility; and WHEREAS female inmates have not been housed in Work Release prior to this due to the high volume of female inmates that cannot be medically cleared for housing in a facility without medical staff on-site for monitoring and medication administration; and WHEREAS the Sheriff’s Department recently opened a new work release facility located adjacent to the main jail; and WHEREAS in a continuing effort to efficiently and economically manage the jail population, the Sheriff is planning to place female inmates in the Work Release facility; and WHEREAS the Health Division is requesting the creation of two (2) GF/GP full-time eligible General Staff Nurse positions to handle the increased clinical services required by anticipated changes in the Jail Work Release facility population; and WHEREAS funding for physical location modifications are covered in the Sheriff’s Current budget; and WHEREAS funding was placed into the Budget Task, per Miscellaneous Resolution # 03117, sufficient to fund the requested positions. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the creation of two (2) full-time eligible General Staff Nurse positions in Human Services/ Health Division / Jail Health Program to be assigned to the Work Release Facility. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE FISCAL NOTE (MISC. #04105) BY: Finance Committee, Chuck Moss, Chairperson IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION/JAIL HEALTH PROGRAM – CREATION OF TWO (2) GF/GP FULL-TIME ELIGIBLE GENERAL STAFF NURSE POSITIONS 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 Department of Human Services/Health Division purposes to create two (2) GF/GP full- time eligible General Staff Nurse positions to handle the increased clinical services required by anticipated changes in the Jail Work Release facility population. 2. Funding for physical location modifications are covered in the Sheriff’s Current budget. 3. Funding, which was placed in the Non-Departmental Budget Task account per Miscellaneous Resolution #03117 is sufficient to cover the two (2) GF/GP full-time eligible General Staff Nurse positions. 4. A budget amendment to the FY 2004 and FY 2005 budget is recommended as follows: FY2004 FY2005 GENERAL FUND 101 Expenditures 90-290000-25000-9006 Budget Task ($47,544) ($137,352) HEALTH FUND 221 Expenditures 16-215200-75110-2001 Salaries $ 31,802 $ 91,874 16-215200-75110-2074 Fringe Benefits 15,742 45,478 $ 47,544 $137,352 Commissioners Minutes Continued. May 6, 2004 256 $ -0- $ -0- FINANCE COMMITTEE Moved by Patterson supported by Hatchett the resolution be adopted. Moved by Patterson supported by Coleman the Personnel Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Vote on resolution: 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 #04112 BY: General Government Committee, William Patterson, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – SECOND 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 WHEREAS the Department of Information Technology has determined the Second Quarter 2004 data processing development charges to be $1,214,094.53 and the imaging development charge to be $68,048.00 for the General Fund/General Purpose County departments; and WHEREAS direct charges to Special Revenue and Proprietary fund departments are $125,405.00 and non-county agencies are $0 for the Second 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 Second Quarter 2004 Data Processing Development Report and approves the Second 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 2nd Quarter 2004, and Information Technology – Reserve Fund Development Support Detail – Second Quarter, 2004 on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #04086 BY: Personnel Committee, Gregory Jamian, Chairperson IN RE: DEPARTMENT OF HUMAN RESOURCES – CHANGE TO MERIT RULES 2, 6, 7, 12, 13, 16, 22, AND 23 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Merit Rule Book is the County employee handbook that has not been revised since 1992; and WHEREAS several Merit Rule changes have been approved during that time period; and Commissioners Minutes Continued. May 6, 2004 257 WHEREAS these Rule changes have been forwarded to employees if applicable, it is desirable to provide employees with a fully revised Merit Rule Book; and WHEREAS several other Rules need to be updated for consistency with previous Rule changes, changes to the law, and current County procedures; and WHEREAS the Merit Rules have been reviewed and it has been determined that changes are necessary to Rules 2, 6, 7, 12, 13, 16, 22, and 23; and WHEREAS pursuant to the an earlier reorganization, the Personnel Department was retitled to the Human Resources Department and all references to the Personnel Department should be changed to Human Resources Department; and WHEREAS Section IV, Subsection A of the Merit System Resolution requires that all changes in the rules and regulations of the Merit System shall be submitted to the Board of Commissioners at a regular meeting of the Board and shall become effective thirty (30) days after such meeting unless an objection is received in writing by the Chairperson of the Board of Commissioners, in which case objection shall become a matter of business at the next meeting of the Board. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes that the reading and distribution of this notice and copies of the proposed changes to Merit Rules 2, 6, 7, 12, 13, 16, 22, and 23, to all Commissioners present and absent, is considered as the official submission to the Board of Commissioners of the described changes in Rules 2, 6, 7, 12, 13, 16, 22, and 23. BE IT FURTHER RESOLVED that references in the Merit Rule Book to the Personnel Department will be changed to the Human Resources Department. BE IT FURTHER RESOLVED that changes to the Merit Rules be cross referenced by the appropriate Board of Commissioners' Resolution number authorizing such change. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE Copy of Proposed Change in Merit System Rules 2, 6, 7, 12, 13, 16, 22, 23 on file in County Clerk’s office. Moved by Jamian supported by Kowall 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 #04113 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION APPROVING PROJECT PLAN (EXHIBIT ENTERPRISES, INC. PROJECT) - CITY OF ROCHESTER HILLS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Economic Development Corporation of the County of Oakland (the "EDC") has recommended that the Board of Commissioners approve the Project Plan required by the Economic Development Corporations Act (the "Act") for the captioned Project, a copy of which has been presented to this meeting (the "Project Plan"); and WHEREAS the EDC's recommendations to the Board of Commissioners were based upon its determinations that the Project is reasonable and necessary to effectuate the purposes of the Act, that the Project Plan satisfies all of the requirements of the Act regarding project plans and that a letter of credit issued by a financial institution acceptable to the EDC will be available to pay debt service; and WHEREAS the governing body of the City of Rochester Hills, Oakland County, Michigan, has also approved the Project Plan and given its consent to the exercise of jurisdiction over the Project by the EDC; and Commissioners Minutes Continued. May 6, 2004 258 WHEREAS the Board of Commissioners has held a public hearing to consider whether the Project Plan constitutes a public purpose as contemplated by the Act; and WHEREAS the Board of Commissioners, following such public hearing and its review of the Project Plan, hereby certifies, approves and concurs in the determinations of the EDC with respect thereto. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby determines the Project Plan constitutes a public purpose as contemplated by the Act; and BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby certifies and approves the Project Plan; and BE IT FURTHER RESOLVED that the EDC is hereby authorized to take such steps as are necessary to implement the Project and the financing thereof by the issuance of its limited obligation revenue bonds as contemplated by the Project Plan; and BE IT FURTHER RESOLVED that the County Clerk is hereby directed to provide four certified copies of this resolution to the Assistant Secretary of the Board of the EDC. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of The Economic Development Corporation of the County of Oakland Project Plan, and Exhibits A, B, C, and D on file in County Clerk’s office. Moved by Palmer supported by Douglas the resolution be adopted. Discussion followed. 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 was adopted. REPORT (MISC. #04060) BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST FOR APPROVAL OF LEASE AGREEMENT WITH THE CHARTER TOWNSHIP OF WEST BLOOMFIELD FOR THE NEW COUNTYWIDE RADIO SYSTEM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Planning and Building Committee having reconsidered Miscellaneous Resolution #04060 on April 27, 2004 reports to the Board with the recommendation the Resolution be adopted with the following amendments: Strike the 5th WHEREAS paragraph, substituting the following: WHEREAS under the terms of the attached Lease Agreement, the County will construct a radio tower on land owned by the Charter Township of West Bloomfield at 4530 Walnut Lake Road, West Bloomfield, Michigan. The County as owner of the tower may also lease space on the tower to the Township, for one ($1) dollar per year, or third parties under separate agreements with the Township's consent. Add an additional WHEREAS paragraph immediately following the 5th WHEREAS as follows: WHEREAS, the lease will commence upon approval and execution of the lease by both parties. The initial term of the lease shall be 15 years. The lease may be extended by the parties for up to three additional five-year terms. Modify the NOW THEREFORE paragraph by adding the words "for radio tower construction and operation purposes" after the words, "attached lease agreement" and b efore "between the County Substitute the Lease Agreement dated May 20, 2004 for the Agreement dated March 18, 2004. Commissioners Minutes Continued. May 6, 2004 259 Chairperson, on behalf of the Planning and Building Committee, I move the acceptance of the foregoing Report. PLANNING AND BUILDING COMMITTEE REPORT (MISC. #04060) BY Finance Committee, Chuck Moss, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - REQUEST FOR APPROVAL OF LEASE AGREEMENT WITH THE CHARTER TOWNSHIP OF WEST BLOOMFIELD FOR THE NEW COUNTYWIDE RADIO SYSTEM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above-referenced resolution, reports in concurrence with the Planning and Building Committee's action. There are no changes in the Fiscal Note. Chairperson, on behalf of the Finance Committee, I move the acceptance of the foregoing report. FINANCE COMMITTEE MISCELLANEOUS RESOLUTION #04060 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST FOR APPROVAL OF LEASE AGREEMENT WITH THE CHARTER TOWNSHIP OF WEST 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 Lease Agreement; and WHEREAS under the terms of the attached Lease Agreement, the County will construct a radio tower at 4530 Walnut Lake Road, West Bloomfield, Michigan. The County as owner of the tower will then lease space on the tower for radio system purposes to the Charter Township of West Bloomfield for one ($1) dollar per year for the term or terms of the lease; and WHEREAS the Departments of Facilities Management, Information Technology, and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached Lease Agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached Lease Agreement between the County of Oakland and the Charter Township of West Bloomfield. BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Lease Agreement and all other related documents between the County of Oakland and the Charter Township of West 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 Lease Agreement, Exhibits A and B, Site Map Survey, Site Plan, Compound Layout, Grading Plan, and Tower Elevation on file in County Clerk’s office. Commissioners Minutes Continued. May 6, 2004 260 FISCAL NOTE (MISC. #04060) BY: Finance Committee, Chuck Moss, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST FOR APPROVAL OF LEASE AGREEMENT WITH THE CHARTER TOWNSHIP OF WEST 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 lease agreement between the County of Oakland and the Charter Township of West Bloomfield. 3. Under terms of the lease agreement, the County will construct a radio tower, equipment shelter and install a generator for the County-wide radio system on land owned by the Township. 4. Construction will be at County expense, inclusive of utilities. 5. The tower, shelter, and generator will be owned, operated, and maintained by the County. 6. The County will lease the land for construction of the tower from the Charter Township of West Bloomfield for one ($1) per year. 7. Upon completion of tower construction, the County will lease space on the tower for radio system purposes to the Township for one ($1) per year. 8. The initial term of the lease is 15 years with three renewable five-year terms. 9. No budget amendment is required. FINANCE COMMITTEE Moved by Palmer supported by Jamian the resolution be adopted. Moved by Palmer supported by Scott the Planning and Building Report be accepted. A sufficient majority having voted therefore, the report was accepted. Moved by Palmer supported by Gregory the resolution be amended to coincide with the recommendation in the Planning and Building Committee Report. A sufficient majority having voted therefore, the amendment carried. Moved by Palmer supported by Bullard the Finance Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. 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. May 6, 2004 261 REPORT (MISC. #04114) BY: Planning and Building Committee, Charles Palmer, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST TO AMEND MISCELLANEOUS RESOLUTION #04059 CONSTRUCTION LICENSE AND LEASE AGREEMENT WITH THE CHARTER TOWNSHIP OF BLOOMFIELD FOR THE NEW COUNTY WIDE RADIO TOWER SYSTEM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the above referenced resolution on April 27, 2004, reports with the recommendation the Oakland County Board of Commissioners reconsider Miscellaneous Resolution #04059 to incorporate the language from the attached suggested resolution, in addition attaching “Amendment 1 Construction License and Lease Agreement”. Chairperson, on behalf of the Planning and Building Committee, I submit the foregoing report. MISCELLANEOUS RESOLUTION #04114 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST TO AMEND MISCELLANEOUS RESOLUTION #04059 CONSTRUCTION LICENSE AND LEASE AGREEMENT WITH THE CHARTER TOWNSHIP OF BLOOMFIELD FOR THE NEW COUNTYWIDE RADIO TOWER SYSTEM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Pursuant to Miscellaneous Resolution #04059 of March 18, 2004 the Oakland County Board of Commissioners approved a Construction License and Lease Agreement with the Charter Township of Bloomfield for the construction and lease back of a 240-ft. high radio tower to be located on township property at 4200 Telegraph Road, Bloomfield Hills, Michigan; and WHEREAS upon submittal of an application for approval of the radio tower construction the Federal Aviation Administration informed County staff of a determination of possible hazard due to the proposed height of the tower; and WHEREAS the Federal Aviation Administration has determined that a 230-ft. high radio tower is appropriate; and WHEREAS the Departments of Facilities Management, Information Technology, and Corporation Counsel have reviewed and/or prepared the attached Amendment 1 Construction License and Lease Agreement and recommend its approval. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached Amendment 1 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 Amendment 1 Construction License and Lease Agreement between the County of Oakland and the Charter Township of Bloomfield. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Amendment 1 Construction License and Lease Agreement on file in County Clerk’s office. Moved by Palmer supported by Suarez the resolution be adopted. Moved by Palmer supported by Potter the Planning and Building Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Moved by Palmer supported by Crawford the resolution be amended to coincide with the recommendation in the Planning and Building Committee Report. A sufficient majority having voted therefore, the amendment carried. Commissioners Minutes Continued. May 6, 2004 262 Vote on resolution: 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, as amended, was adopted. MISCELLANEOUS RESOLUTION #04115 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 COMMERCE 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 terms and conditions of the attached Construction License and Lease Agreement, the County will construct the tower at 2840 Fisher Ave., Commerce, Michigan. Upon completion of construction of the tower the County will sell the tower to the Commerce Township for one ($1) dollar, 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. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached construction license and lease agreement for radio tower construction and lease purposes between the County of Oakland and the Charter Township of Commerce. 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 Commerce, 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, Exhibit A, Permit Drawings, and Site Plans on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. Commissioners Minutes Continued. May 6, 2004 263 MISCELLANEOUS RESOLUTION #04116 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 BIRMINGHAM 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 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 and conditions of the attached Construction License and Lease Agreement, the County will construct the tower at 2666 West 14 Mile Road, Birmingham, Michigan. Upon completion of construction of the tower the County will sell the tower to the City of Birmingham for one ($1) dollar, and the City will lease the County space on the tower for one ($1) dollar per year. 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 for radio tower construction and lease purposes between the County of Oakland and the City of Birmingham. 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 Birmingham, 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, Permit Drawings, Site Plans, Aerial View and Tower Elevation on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #04117 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST FOR APPROVAL OF LEASE AGREEMENT WITH ART OF PONTIAC, LLC FOR USE OF OFFICE SPACE AT 17 SOUTH PERRY STREET, PONTIAC, MICHIGAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Main Street Oakland County Program (MSOC) was established in 2000 to provide assistance to Oakland County Communities in their efforts to redevelop downtown districts; and WHEREAS Grant funding totaling $15,250 annually has been pledged in support of the MSOC Program by the Pontiac Downtown Development Authority ($10,000) and by the Chrysler Arts Beats and Eats, Inc. ($5,250). The grant funding will allow the Downtown Design Studio to function with all operating expenses offset by the pledges. Therefore, no County funding is required; and WHEREAS it is the recommendation of the Departments of Facilities Management and Community and Economic Development that the Oakland County Board of Commissioners accept and approve the terms and conditions of the attached Lease Agreement; and Commissioners Minutes Continued. May 6, 2004 264 WHEREAS under the terms and conditions of the attached Lease Agreement, the Main street Oakland County Program-Downtown Design Studio will occupy approximately 850-sf of office space at 17 S. Perry Street in the City of Pontiac for a period of three years. Rent will be $1,062.50 per month or $12,750 per year and is inclusive of all building and site maintenance, utilities, snow and ice removal and property taxes. Custodial services and telephone expenses will be paid separately from the grant funds. The lease may be terminated in the event that grant funding for the project is no longer available; and WHEREAS the Departments of Facilities Management, Community and Economic Development, 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 Lease Agreement for office space at 17 S. Perry Street, Pontiac, Michigan between the County of Oakland and Art of Pontiac, LLC. BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Lease Agreement and all other related documents between the County of Oakland and Art of Pontiac, LLC, 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 Lease on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. As a point of personnel privilege Commissioner Charles Palmer acknowledged the presence of Jean Chamberlain. MISCELLANEOUS RESOLUTION #04118 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: DEPARTMENT OF PUBLIC SERVICES/MSU EXTENSION – 2004 GYPSY MOTH SUPPRESSION PROGRAM COMMUNITY SPRAY CONTRACTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentleman: WHEREAS the gypsy moth infestation presents the potential for immense damage to the many forested and tree filled landscapes within Oakland County; and WHEREAS many local governmental units within Oakland County have sought the County’s assistance in coordinating a large scale treatment program to help suppress the gypsy moth infestation in which the local units chose to participate; and WHEREAS the 2004 program is a cooperative effort between the County and local units which provides that specifically designated areas of qualified forested municipal acreage will be aerially sprayed with Bacillus thuringiensis by an MDA qualified and licensed agricultural pesticide spray contractor in a attempt to minimize municipal tree damage; and WHEREAS the County has chosen to assist local units by providing a program entitled the 2004 Oakland County Gypsy Moth Suppression Program for local units choosing to spray at lower insect thresholds that do not qualify for MDA Gypsy Moth program; enabling the realization of economies of scale; and WHEREAS the Cities of Auburn Hills and Rochester Hills, and the Townships of Addison, Oakland, Orion, Oxford, and Waterford has submitted acreage for the 2004 program; and WHEREAS the attached 2004 Oakland County Gypsy Moth Suppression Program Joint Operating Agreement is submitted for Board action. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves entering into the attached JOINT OPERATING AGREEMENT - 2004 OAKLAND COUNTY GYPSY MOTH SUPPRESSION PROGRAM for each of the above named municipalities. BE IT FURTHER RESOLVED that upon receipt of the final, executed MUNICIPALITY PARTICIPATION AGREEMENT and the JOINT OPERATING AGREEMENT- 2004 OAKLAND COUNTY GYPSY MOTH PROGRAM from each of the above eligible municipalities, accompanied by a certified copy of the resolution of their respective governing bodies accepting the Agreement, the Oakland County Board of Commissioners Minutes Continued. May 6, 2004 265 Commissioners authorizes the Oakland County Executive to execute and enter into each of these Agreements on behalf of the County Of Oakland. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Joint Operating Agreement 2004 Oakland County Gypsy Moth Program on file in County Clerk’s office. FISCAL NOTE (MISC. #04118) BY: Finance Committee, Chuck Moss, Chairperson IN RE: DEPARTMENT OF PUBLIC SERVICES / MSU EXTENSION - 2004 GYPSY MOTH SUPRESSION PROGRAM COMMUNITY SPRAY CONTRACTS 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. MSU Extension has been requested by several local government units to assist coordinating a large-scale treatment program to help suppress the gypsy moth infestation in Oakland County. 2. The Cities of Auburn Hills and Rochester Hills, and the Townships of Addison, Oakland, Orion, Oxford, and Waterford have submitted acreage for the 2004 Gypsy Moth Suppression Program offered by Oakland County MSU Extension. 3. The final bid price for the aerial spray is $42.50 per acre for a total cost of $104,422 to be reimbursed by the local units. 4. The contracts have been reviewed by Corporate Counsel and will be signed upon the approval of the Board by Commissioners. 5. The County is expected to incur $13,409 in administrative and support costs, which are included in the FY 2004 MSU Extension Budget. These expenses include the Environmental Program Coordinator salary, postage, and printing. This program does not allow for the recovery of those costs. 6. The following budget amendment is recommended for the FY 2004 Budget: Public Services/MSU Extension (101) FY 2004 Revenues 17-502100-50121-0879 Reimb Municipal Aerial Spray $104,422 Expenditures 17-502200-50121-3348 Professional Services $104,422 Total $ -0- FINANCE COMMITTEE Moved by Crawford supported by Wilson the resolution be adopted. AYES: Knollenberg, Kowall, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard, Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian. (25) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. Commissioners Minutes Continued. May 6, 2004 266 MISCELLANEOUS RESOLUTION #04119 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: SHERIFF'S OFFICE - ESTABLISHMENT OF STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF ROYAL OAK, JANUARY 1, 2004 – DECEMBER 31, 2008 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is policy of the Oakland County Board of Commissioners to permit the Sheriff's Office to enter into contracts with Townships, Villages and Cities for the purpose of providing Sheriff patrol services; and WHEREAS for several years the County of Oakland and the Oakland County Sheriff have contracted with Royal Oak Township, to provide law enforcement services to this community; and WHEREAS the current Law Enforcement Service Agreement with the Charter Township of Royal Oak will expire on December 31, 2003; and WHEREAS the Charter Township of Royal Oak has expressed an interest in entering into a new, five (5) year, law enforcement service agreement; and WHEREAS the Township Board of Royal Oak has adopted a resolution by authorizing the OAKLAND COUNTY SHERIFF'S DEPARTMENT 2004-2008 LAW ENFORCEMENT SERVICES AGREEMENT for their community. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and, subject to the following paragraph, agrees to be bound by the terms and conditions contained in the Oakland County Sheriff's Department 2004-2008 Law Enforcement Services Agreement with the Charter Township of Royal Oak. BE IT FURTHER RESOLVED that upon receipt of a final, executed Oakland County Sheriff's Department 2004-2008 Law Enforcement Services Agreement from the Charter Township of Royal Oak, accompanied by a certified copy of the resolution of the Township Board accepting the Agreement, and upon the further acceptance of the above Agreement by the Oakland County Sheriff, the Oakland County Board of Commissioners authorizes its Chairperson to execute and enter into this Agreement on behalf of the County of Oakland. BE IT FURTHER RESOLVED that the Oakland County Clerk shall maintain a file for the above Agreement, and upon receipt of a final, executed copy of the above Agreement, together with a certified copy of that community's governing body resolution approving same, the Oakland County Clerk shall notify the Oakland County Sheriff and the Chairperson of the Oakland County Board of Commissioners that the above Agreement is ready for their signatures which the Clerk shall witness. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Oakland County Sheriff’s Department 2004-2008 Law Enforcement Services Agreement with the Charter Township of Royal Oak, and Contract Attachments A, B, and C on file in Clerk’s Office. FISCAL NOTE (MISC. #04119) BY: Finance Committee, Chuck Moss, Chairperson IN RE: SHERIFF'S OFFICE - ESTABLISHMENT OF STANDARD LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF ROYAL OAK, JANUARY 1, 2004 – DECEMBER 31, 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 County of Oakland and the Oakland County Sheriff have contracted with the Charter Township of Royal Oak to provide law enforcement services to this community for several years. 2. The current Law Enforcement Service Agreement with the Charter Township of Royal Oak expired on December 31, 2003. 3. The Charter Township of Royal Oak has expressed an interest in entering into a new, five (5) year, law enforcement service agreement. Commissioners Minutes Continued. May 6, 2004 267 4. The new law enforcement service agreement will continue funding one (1) Detective Sergeant and nine (9) Deputy II (With Fill) positions. 5. Sufficient revenue and expenditures have been included in Fiscal Year 2004 and the County Executive Recommended Budgets for FY 2005 and FY 2006 to cover the terms of the proposed contract. No budget amendments are required at this time. FINANCE COMMITTEE Moved by Crawford supported by Zack the resolution be adopted. AYES: Kowall, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard, Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg. (25) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. MISCELLANEOUS RESOLUTION #04120 BY: Commissioner Chuck Moss, District #20 IN RE: BOARD OF COMMISSIONERS – WEST NILE VIRUS FUND DISBURSEMENT POLICY – FISCAL YEAR 2004 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners via Miscellaneous Resolution #03060 established and funded the West Nile Virus Fund to assist Oakland County communities with mosquito control measures; and WHEREAS in 2002 Oakland County had 20 reported human deaths associated with the West Nile Virus - the highest in the state; and WHEREAS in 2003 the Michigan Department of Community Health reported 3 cases of West Nile Virus and 2 human deaths in Oakland County; and WHEREAS in FY 2003 the Oakland County Board of Commissioners approved over $499,000 in reimbursements to local communities to combat the spread of West Nile Virus; and WHEREAS the Oakland County Board of Commissioners, the Oakland County Health Department and the various CVT’s of Oakland County are desirous of continuing these successful educational and mosquito suppression efforts; and WHEREAS continuation funding, $500,000, is available in the Designated Fund Balance for Heath Emergency Response for transfer to the West Nile Virus Fund with the quarterly forecast. NOW THERFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves extension of the West Nile Virus Fund for FY 2004. BE IT FURTHER RESOLVED that the distribution formula and process for reimbursement established by Miscellaneous Resolution #03060 is continued. Chairperson, we move the foregoing resolution. CHUCK MOSS, ERIC COLEMAN, HELAINE ZACK, VINCENT GREGORY, GEORGE W. SUAREZ, MATTIE HATCHETT, CHARLES PALMER, MIKE ROGERS, WILLIAM PATTERSON, TOM LAW, SUE ANN DOUGLAS, HUGH CRAWFORD, TOM MIDDLETON, EILEEN KOWALL, GREG JAMIAN, BILL BULLARD, ERIC WILSON, JOHN SCOTT, MARTIN KNOLLENBERG, DAVID MOFFITT, CHRISTINE LONG, DAVID COULTER Moved by Moss supported by Potter the rules be suspended and Miscellaneous Resolution #04120 – BOARD OF COMMISSIONERS – WEST NILE VIRUS FUND DISBURSEMENT POLICY – FISCAL YEAR 2004 be brought before the Board for immediate consideration. Commissioners Minutes Continued. May 6, 2004 268 The Chairperson said (15) votes were required to suspend the rules. Voted on suspension of the rules: AYES: Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard, Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, Kowall. (25) NAYS: None. (0) A sufficient majority having voted therefore, the rules were suspended and Miscellaneous Resolution #04120 was before the Board. Moved by Moss supported by Kowall the resolution be adopted. AYES: Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard, Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, Kowall, Law. (25) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. MISCELLNAEOUS RESOLUTION #04121 BY: Tom McMillin, County Commissioner, District #11 IN RE: FULL AND TIMELY CAMPAIGN CONTRIBUTION DISCLOSURE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners are charged with oversight of budgetary and spending matters of Oakland County tax monies; and WHEREAS Oakland County government awards hundreds of contracts, valued at millions of dollars every year; and WHEREAS there is an interest to fully and timely disclose the bid process and campaign contributions to county elected officials by those doing business with the county. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners adopts the following procedure to be required of all county contracts over $10,000: 1. All Request for Proposals (RFPs) and bid lists for contracts over $10,000 must be posted on the county’s website at least two weeks prior to the deadline for bids to be received. 2. All persons bidding on contracts over $10,000 must fill out the “Campaign Finance Disclosure Form” (CFDF). a. CFDFs shall include a list of any owners, partners or board of directors members who have contributed to a county elected official in the last 5 years and the officeholders and amounts contributed. 3. All CFDFs filled out, along with submitted bids for contracts over $10,000 must be posted on the county’s website within one week after the bid deadline and at least one week prior to the contract being awarded. 4. Special circumstances that will not allow the above time frames to be observed must be approved by the County Executive and County Commission Chairman prior to awarding the contract. Contract information and special circumstance approvals shall be immediately posted on the county website. 5. All of the above information will remain archived and available to the public on the county’s website for 5 years. 6. No payments over $10,000 cumulative to a single vendor may be made without verifying that the RFP, bid list, bids and CFDFs have been properly posted on the county’s website. 7. Failure to file an accurate and timely CFDF may result in removal of the vendor from the county bid list and/or revocation of awarded contract(s). Chairperson, I move the adoption of the foregoing resolution. TOM MCMILLIN Commissioners Minutes Continued. May 6, 2004 269 The Chairperson referred the resolution to the Finance Committee and the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #04122 BY: Commissioner Helaine Zack, District #22 IN RE: BOARD OF COMMISSIONERS - OPPOSITION TO HOUSE BILL 5745 PROPOSED AMENDMENT TO THE STATE CONVENTION FACILITY DEVELOPMENT ACT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Health Division's Office of Substance Abuse Services provides invaluable service to the community, including: providing information and technical assistance on substance abuse prevention and treatment services county-wide; providing financial help for uninsured, low-income citizens for substance abuse treatment; serving as a resource on substance abuse issues to the community at large and providing statistical data on county-wide substance abuse treatment admissions/discharges; and WHEREAS House Bill No. 5745 proposes to amend 1985 PA 106, entitled the "State Convention Facility Development Act," by amending Section 10 (MCL 207.630); and WHEREAS the Oakland County Health Division's Office of Substance Abuse Services has expressed grave concern about proposed language that would jeopardize millions of dollars in funding that is used to support alcohol and drug rehabilitation programming at the local level; and WHEREAS it is estimated that this change will drain an additional $15 million annually from the State Substance Abuse Service Network - which has already been devastated by budget reductions; and WHEREAS the impact of further funding reductions, while the State of Michigan is simultaneously seeking to maximize community corrections alternatives to prison and jail, places an untenable burden upon local providers of substance abuse services; and WHEREAS the effect in Oakland County amounts to a potential loss of approximately $1.4 million annually in direct substance abuse treatment and prevention services; and WHEREAS in 2003, Oakland County was able to fund 16 community coalitions and 20 substance abuse treatment programs that provided treatment services for 1,669 clients. NOW THEREFORE BE IT RESOLVED THAT the Oakland County Board of Commissioners hereby opposes language contained in House Bill No. 5745, that would amend 1985 PA 106, entitled the "State Convention Facility Development Act," Section 10, that proposes to make the distribution for substance abuse treatment optional - and not required. 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 Michigan House Committee on Tax Policy, 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. HELAINE ZACK, MATTIE HATCHETT, VINCENT GREGORY, DAVID COULTER, ERIC COLEMAN, SUE ANN DOUGLAS, GEORGE W. SUAREZ, HUGH D. CRAWFORD, CHUCK MOSS, CHARLES PALMER, JEFF POTTER, ERIC WILSON The Chairperson referred the resolution to the General Government Committee. There were no objections Commissioners Minutes Continued. May 6, 2004 270 MISCELLANEOUS RESOLUTION #04123 By: Sue Ann Douglas, District #12; Bill Bullard, Jr., District #2; Eileen Kowall, District #6; John Scott, District #5; Peter Webster, District #18 IN RE: OPPOSE GOVERNOR’S BUDGET PLAN TO COLLECT COUNTY TAXES IN JULY OF EACH YEAR AND TO 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 through Miscellaneous Resolution #04071, the Oakland County Board of Commissioners’ unanimously opposed the Governor’s budget plan to suspend State Revenue Sharing to counties and to permanently advance the 2004 county property tax collection date from December to July; and WHEREAS the Governor’s plan required each county to place all of the money from the early tax collection into a restricted fund to pay itself the equivalent of state revenue sharing each year until each county’s fund is exhausted, leaving counties with a serious cash flow problem and causing taxpayers to pay their county tax twice in a 12-month period; and WHEREAS a new proposal to pause State Revenue Sharing to counties has come forward that permanently advances the county property tax collection date from December 2005 to July 2005; and WHEREAS the new proposal requires that counties place 1/3 of the operating millage collected into a restricted fund for three successive years for the purpose of funding State Revenue Sharing to the county until the fund is depleted; and WHEREAS the new proposal would force taxpayers to pay their county tax twice in a 12-month period for the purpose of assisting the state in balancing their 2005 budget and would have the effect of forcing property tax payers to pay four years of taxes in three years; and WHEREAS the Governor’s proposed budget effectively shifts a statewide $1.4 billion State Revenue Sharing responsibility from the State of Michigan’s budget to local taxpayers; and WHEREAS it is the responsibility of local units of government in Oakland County to send out the summer tax statements. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners opposes the State of Michigan’s new plan to impose a new tax burden on county taxpayers by shifting $1.4 billion statewide to county taxpayers to replace State Revenue Sharing by requiring the early collection of county property taxes. 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 2005 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 the legislative bodies in all Oakland County cities, villages and townships, city, village and township clerks, the Michigan Association of Counties, Governor Jennifer Granholm and all Oakland County state legislators. Chairperson, I move adoption of the foregoing resolution. SUE ANN DOUGLAS, EILEEN KOWALL, PETER WEBSTER, BILL BULLARD, JR, JOHN SCOTT, WILLIAM PATTERSON, JEFF POTTER, HUGH CRAWFORD, THOMAS MIDDLETON, MICHAEL ROGERS, DAVID MOFFITT, THOMAS LAW, GEORGE SUAREZ, CHUCK MOSS, ERIC COLEMAN, CHARLES PALMER, MATTIE HATCHETT, MARTIN KNOLLENBERG, HELAINE ZACK, TOM MCMILLIN, VINCENT GREGORY, ERIC WILSON, CHRISTINE LONG, GREG JAMIAN The Chairperson referred the resolution to the General Govenment Committee. There were no objections. Commissioners Minutes Continued. May 6, 2004 271 MISCELLANEOUS RESOLUTION #04124 BY: Commissioners Peter H. Webster, District #18 IN RE: BOARD OF COMMISSIONERS – REQUEST FOR LEGISLATION AMENDING AND UPDATING THE SECONDARY ROAD PATROL FUNDING FORMULA – OFFICE OF HIGHWAY SAFETY PLANNING, MICHIGAN STATE POLICE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the mission of the Office of Highway Safety Planning (OHSP), Michigan Department of State Police, is to save lives and reduce injuries on Michigan roads, through leadership, innovation, facilitation, and program support in partnership with other public and private organizations; and WHEREAS the OSHP is responsible for administration of the Secondary Road Patrol (SRP) program, which distributes SRP funds to counties for secondary road patrol and traffic accident prevention; and WHEREAS the Michigan office of the Auditor General released a performance audit of the Office of Highway Safety Planning in April 2004; and WHEREAS one finding of the performance audit is that the “OHSP did not seek amendatory legislation to modify the formula used to allocate SRP funds to counties. Therefore, counties that have had large increases in road miles and population since 1977 are not receiving an equitable distribution of the funds in relation to their increased responsibilities for secondary road patrol and traffic accident prevention”; and WHEREAS the audit includes a recalculation of what the counties’ allocation of SRP funds would have been if current road mileage and population were used; and WHEREAS the recalculation shows that Oakland County would be eligible for an additional $204,000 in SRP funds if current road mileage and population are used; and WHEREAS the Auditor General recommends that the OHSP seek legislation to modify the formula used to allocate funds to counties to ensure equitable distribution of SRP funds; and WHEREAS the OHSP contends that the authority for amending and updating the distribution formula rests solely with the Legislature. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners strongly urges that the Michigan Legislature immediately introduce and enact legislation amending and updating the distribution formula for Secondary Road Patrol (SRP) fund distribution. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners recommends that amending legislation provide for regular updates of the funding formula. BE IT FURTHER RESOLVED that copies of this resolution be forwarded to all Oakland County Senators and Representatives to the Michigan Legislature. Chairperson, I move the foregoing resolution. PETER WEBSTER, MICHAEL ROGERS, THOMAS LAW, HUGH CRAWFORD, SUE ANN DOUGLAS, WILLIAM PATTERSON, EILEEN KOWALL, THOMAS MIDDLETON, GREG JAMIAN, DAVID MOFFITT, JEFF POTTER, BILL BULLARD, ERIC WILSON, CHRISTINE LONG, TOM McMILLIN, MARTIN KNOLLENBERG, JOHN SCOTT, CHARLES PALMER The Chairperson referred the resolution to the General Government Committee. There were no objections. The Board adjourned at 10:41 a.m. to the call of the Chair or May 20, 2004, at 9:30 a.m. G. WILLIAM CADDELL THOMAS A.LAW Clerk Chairperson