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HomeMy WebLinkAboutMinutes - 2004.10.07 - 8356585 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES October 7, 2004 Meeting called to order by Chairperson Thomas Law at 9:48 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 Tom McMillin. Pledge of Allegiance to the Flag. Moved by Middleton supported by Kowall the minutes of the September 22, 2004, Board Meeting be approved. Commissioner Peter Webster stated the minutes of the September 22, 2004 Board Meeting be approved with a amendment in the “Attendance Roll Call” to reflect Commissioners Mattie Hatchett and David Moffitt in attendance and the roll call to read as follows: 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) A sufficient majority having voted therefore, the minutes were approved, as amended. Moved by Webster supported by Zack the rules be suspended and the agenda amended to refer Finance Committee, item (a) on the Regular Agenda to the General Government Committee, and to add items (d) and (e) to the Planning and Building Committee on the Regular Agenda. Commissioners Minutes Continued. October 7, 2004 586 Moved by Webster supported by Zack the agenda be further amended as follows: ITEMS ON BOARD AGENDA GENERAL GOVERNMENT COMMITTEE b. Parks and Recreation Commission – Support for the Acceptance of the Donation of the Ellis Barn for Relocation to Springfield Oaks County Park as documented in the Ellis Barn Donation Agreement. (Reason for Suspension of General Government Committee, item (b): Waiver of Rule XII.C.1 – Direct referral to the Planning and Building and Finance Committees.) PLANNING AND BUILDING COMMITTEE d. Oakland County Clerk/Register Quit Claim Deed Release to Parties Posted as Security for Criminal Surety Bond – Zakar. e. Oakland County Clerk/Register Quit Claim Deed Release to Parties Posted as Security for Criminal Surety Bond – Lee. (Reason for Suspension of General Government Committee, items (d) and (e): Waiver of Rule III – Planning and Building Committee met immediately before today’s Board Meeting.) 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 stated the Proclamation to Dr. Roy Cooley – Commissioner Mattie Hatchett would be postponed until the next board meeting on October 21, 2004. Commissioner Mike Rogers introduced James Franklin, Regional Manager who gave a presentation regarding the Michigan Minority Business Development Council. Deputy Clerk/Register James H. VanLeuven read a communication from Chairperson Thomas A. Law appointing Commissioner Eric Wilson to serve on the Lake Boards of Cranberry Lake and Indianwood Lake. There being no objections, the appointment was confirmed and the communication received for filing. Deputy Clerk/Register James H. VanLeuven read a communication from Attorney Clifford L. Johnson resigning from the governing board of the Community Mental Health Authority effective October 31, 2004. The resignation was received for filing. Deputy Clerk/Register James H. VanLeuven read a communication from Timothy K. McGuire, Executive Director of the Michigan Association of Counties, apologizing for any misunderstanding of the situation relating to the Tax Shift/Revenue Sharing plan. This communication was received for filing. County Clerk G. William Caddell, as a “point of privilege” introduced Deputy/Clerk James H. VanLeuven’s son Jim who was in attendance at the board meeting as a part of a school project to write a report on what he learned. Moved by Wilson supported by Kowall the resolutions on the Consent Agenda be adopted. (The vote for this motion appears on page 589.) The resolutions on the Consent Agenda follow (annotated by an asterisk {*}): Commissioners Minutes Continued. October 7, 2004 587 *MISCELLANEOUS RESOLUTION #04284 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST TO RESCIND MISCELLANEOUS RESOLUTION #04115 AND APPROVAL OF 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 pursuant to Miscellaneous Resolution #04115 the Oakland County Board of Commissioners approved a Construction License and Lease Agreement between the County of Oakland and the Charter Township of Commerce for radio tower construction and lease purposes. The Commerce Township Board subsequently requested that the said Construction License and Lease Agreement be voided and the attached Lease Agreement be approved in its place; and 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 pursuant to the terms and conditions of the attached Lease Agreement, the County will construct, operate and maintain a new radio tower and related equipment at 2840 Fisher Ave., Commerce, Michigan for the sum of one 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 lease agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby rescinds Miscellaneous Resolution No. 04115 and approves and authorizes the attached 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 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 Lease Agreement, Exhibit A, B, Permit Drawings, and Site Plans on file in County Clerk’s office. FISCAL NOTE (MISC. #04284) BY: Finance Committee, Chuck Moss, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST TO RESCIND MISCELLANEOUS RESOLUTION #04115 AND APPROVAL OF 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: 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. Commissioners Minutes Continued. October 7, 2004 588 2. A Construction License and Lease Agreement between Oakland County and the Charter Township of Commerce was approved by the Board of Commissioners by Miscellaneous Resolution #04115 for the construction and lease of a radio communication tower on landed owned by Commerce Township. 3. The Commerce Township Board has subsequently requested that the Construction License and Lease Agreement be voided and a Lease Agreement be accepted and approved in its place. 4. The resolution rescinds Miscellaneous Resolution #04115 and approves and authorizes a Lease Agreement for radio tower construction and lease purposes between the County of Oakland and the Charter Township of Commerce. 5. Under terms of the lease agreement, the County will construct, operate, and maintain a new radio tower and related equipment for the County-wide radio system at County expense on land provided by the Township. 6. The County may lease space on the tower to the Charter Township of Commerce at no cost and to third parties if space is available. 7. Operation and maintenance of the tower and related equipment will be the responsibility of the County. 8. The initial term of the lease is 15 years with three renewable five-year terms. 9. No budget amendment is required. FINANCE COMMITTEE (The vote for this motion appears on page 589.) *MISCELLANEOUS RESOLUTION #04286 BY: Planning and Building Committee, Charles Palmer, Chairperson IN RE: DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT - COMMUNITY AND HOME IMPROVEMENT DIVISION - OAKLAND COUNTY AMERICAN DREAM DOWNPAYMENT INITIATIVE (ADDI) LOAN PROGRAM GUIDELINES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the U.S. Congress established the American Dream Downpayment Initiative program to increase homeownership opportunities for low-income first-time homebuyers through the HOME Investment Partnerships Grant under Title II of the National Affordable Housing Act; and WHEREAS in Miscellaneous Resolution #04165 the Oakland County Board of Commissioners accepted program year 2003 and 2004 HOME American Dream Downpayment Initiative Grant funds from the U.S. Department of Housing and Urban Development; and WHEREAS administration of the new ADDI grant requires specific program guidelines in accordance with federal ADDI requirements; and WHEREAS the Oakland County Community and Home Improvement Division has developed Oakland County American Dream Downpayment (ADDI) Loan Program Guidelines; and WHEREAS the Oakland County Community and Home Improvement Citizens Advisory Council voted unanimously to recommend approval of the ADDI Loan Program Guidelines to the Oakland County Board of Commissioners as written in Attachment A. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approve the Oakland County American Dream Downpayment Initiative (ADDI) Loan Program Guidelines in Attachment A. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Oakland County American Dream Downpayment Initiative (ADDI) Loan Program Guidelines – Oakland County Community and Home Improvement Division and PY 2004 Oakland County American Dream Downpayment Initiative (ADDI) Loan Program Guidelines Attachment on file in County Clerk’s office. Commissioners Minutes Continued. October 7, 2004 589 Vote on resolutions on the Consent Agenda: AYES: Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, Kowall, Law, Long, McMillin, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard. (24) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda were adopted. MISCELLANEOUS RESOLUTION #04287 BY: General Government Committee, William Patterson, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET – INTEGRATED E-FINANCIAL SYSTEM PROJECT – APPROPRIATION FOR IMPLEMENTATION OF PHASE II To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS on March 14, 2002, the Board of Commissioners adopted Miscellaneous Resolution #02043 authorizing acquisition of PeopleSoft licenses thereby enabling commencement of the Integrated E- Financial System Project, components of which included e-procurement, enhanced time and labor reporting, project costing, an Internet portal for on-line payment, and activity based management, budgeting and financial reporting; and WHEREAS on November 20, 2003, the Board of Commissioners adopted Miscellaneous Resolution #03326 authorizing the appropriation of $2,895,812 from the Designated Fund balance for the E-Financial System implementation and $1,500,000 from the Designated Fund Balance for Data Privacy and Security to fund Phase I of the E-Financial System implementation; and WHEREAS Phase I of the Integrated E-Financial System implementation, which included the implementation of enhanced Data Privacy/Security Technologies, a replacement for the legacy Time & Labor System, Human Resources Self-service applications, and other Human Resources System Enhancements, is near completion; and WHEREAS the Integrated E-Financial System Project optimally requires implementation of Phase II, currently planned for execution over the next fiscal year with an estimated cost of $6,474,928; and WHEREAS this resolution applies only to Phase II of the Integrated E-Financial System Implementation Project and neither commits the County to the Funding or execution of future phases of the Project, nor requires, the execution of future phases to be a successful, value-added endeavor; and WHEREAS Phase I of the Integrated E-Financial System Implementation Project when completed on time is reconciled to be $802,990 under budget; and WHEREAS $802,990 is favorable from Phase I funds and are available in the “Major Departmental Support Projects Fund” and could be applied towards the Phase II implementation costs; and WHEREAS the County Treasurer has committed $2,000,000 from the Delinquent Personal Property Tax Administration Fund to support the Phase II Implementations; and WHEREAS the balance of $3,671,938 is required for the Phase II implementation and could be transferred from the continuation of the Designated Fund Balance for Phase II of the Integrated E- Financial System Project from the Fiscal Year 2004 close. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the commencement of Phase II of the E-Financial System implementation. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes an appropriation of $3,671,938 from the Designated Fund Balance for Phase II of the E-Financial System implementation; and $2,000,000 from the Delinquent Personal Property Tax Administration Fund to fund Phase II of the E-Financial System implementation. BE IT FURTHER RESOLVED that the Board authorizes that the favorable balance of $802,990 from Phase I funds in the “Major Departmental Support Projects Fund” be allocated to support the Phase II implementation. BE IT FURTHER RESOLVED that the appropriation be transferred to the “Major Departmental Support Projects Fund” (436). Commissioners Minutes Continued. October 7, 2004 590 BE IT FURTHER RESOLVED that the Fiscal Year 2005 Budget be amended, as specified below: FY 2005 GENERAL FUND (101) Revenue 90-150000-14000-1582 Planned Use of Fund Balance $3,671,938 Expenditures 90-310000-98436-8001 Transfer to Major Dept. Supp. Fund $3,671,938 $ -0- DELINQUENT PERSONAL PROPERTY TAX ADMINISTRATIION FUND (704) Revenue 22-170415-10000-1582 Planned Use of Fund Balance $2,000,000 Expenditure 90-370415-98436-8001 Transfer to Major Dept. Supp. Fund $2,000,000 $ -0- Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Schedule 1, E-Financial System Implementation Project Presentation to the Board of Commissioners, and Attachments A and B on file in County Clerk’s office. The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #04288 BY: General Government Committee, William Patterson, Chairperson IN RE: PARKS AND RECREATION COMMISSION – RECREATION MASTER PLAN AMENDMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Parks and Recreation Commission has adopted the “February 6, 2002 Parks and Recreation Master Plan Update”; and WHEREAS supplemental objectives were developed in response to identified needs and deficiencies to be incorporated into the “February 6, 2002 Parks and Recreation Master Plan Update”; and WHEREAS the goals and objectives will assist the Oakland County Parks and Recreation Commission in determining future planning by lending direction while remaining flexible to allow for adjustments by creative and responsible management; and WHEREAS the Oakland County Parks and Recreation Commission adopted the “February 6, 2002 Parks and Recreation Master Plan Update” as amended on September 8, 2004. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the “February 6, 2002 Parks and Recreation Master Plan Update” as amended, to include the following changes: 1. Appendix A: Oakland County Parks and Recreation Strategic Plan, Page 123, Goal Two, Strategic Objective Task, adding the following language: “Task 5.2.3-2 Consider acquisition and/or management of natural areas for the enhancement of wildlife corridors.” 2. Change to Chapter 5: Recommendations and Action Program, Capital Improvements Schedule, Page 117, by adding the Capital Improvement Budget and 4-Year Forecast for Fiscal Year October 1, 2004 – September 30, 2005. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Task and Plan sheet, and 2005 Capital Improvement Budget and 4 – Year Forecast on file in County Clerk’s office. Moved by Patterson supported by Gregory the resolution be adopted. Commissioners Minutes Continued. October 7, 2004 591 Moved by Patterson supported by Potter the resolution be amended as follows: Amend the Resolution to Substitute the Amended 2005 Capital Improvement Budget and 4 – Year Forecast, Pages 11-7 and 11-8, as adopted by the Parks and Recreation Commission on October 6, 2004, and to attach a copy of the Parks and Recreation Commission Resolution, as adopted on October 6, 2004, amending the Capital Projects Plan. A sufficient majority having voted therefore, the amendment carried. Discussion followed. Moved by Patterson supported by Jamian the resolution be amended to coincide with the recommendation in the amendment. A sufficient majority having voted therefore, the motion carried. Vote on resolution, as amended: AYES: Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, Kowall, Law, Long, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard, Coleman. (24) NAYS: McMillin. (1) A sufficient majority having voted therefore, the resolution, as amended, was adopted. REPORT (MISC. #04289) BY: Planning and Building Committee, Charles Palmer, Chairperson IN RE: PARKS AND RECREATION – SUPPORT FOR THE ACCEPTANCE OF THE DONATION OF THE ELLIS BARN FOR RELOCATION TO SPRINGFIELD OAKS COUNTY PARK AS DOCUMENTED IN THE ELLIS BARN DONATION AGREEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the above mentioned resolution on September 28, 2004, recommends approval of the resolution with the following amendments: The Fourth and Fifth Whereas paragraphs to read: WHEREAS the purpose of said Donation Agreement is to secure the public ownership of the Ellis Barn and to facilitate its rehabilitation as part of an Equestrian Center at Springfield Oaks that will to provide recreational opportunities for all residents of Oakland County; and WHEREAS the receipt of the Ellis Barn and its relocation to Springfield Oaks as part of an Equestrian Center meets the goals and objectives of the Oakland County Recreation Master Plan – February 6, 2002; and Chairperson, on behalf of the Planning and Building Committee, I submit the foregoing report. PLANNING AND BUILDING COMMITTEE REPORT (MISC. #04289) By: Finance Committee, Chuck Moss, Chairperson IN RE: PARKS AND RECREATION - SUPPORT FOR THE ACCEPTANCE OF THE DONATION OF THE ELLIS BARN FOR RELOCATION TO SPRINGFIELD OAKS COUNTY PARK AS DOCUMENTED IN THE ELLIS BARN DONATION AGREEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee having reviewed the above referenced resolution recommends the following amendments: 1. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Parks and Recreation Commission to accept said donation Agreement as stated above, with said monies for this project to come from Parks and Recreation funds and funds awarded as a result of grant applications. Commissioners Minutes Continued. October 7, 2004 592 2. Add a second BE IT FURTHER RESOLVED paragraph as follows: BE IT FURTHER RESOLVED that authorization for the Parks and Recreation Commission to accept said Donation Agreement is contingent upon amendment of the Parks and Recreation Commission Capital Improvement Plan to delete the reference to the Board of Commissioners donation. Chairperson, on behalf of the Finance Committee I move acceptance of the foregoing report. FINANCE COMMITTEE MISCELLANEOUS RESOLUTION #04289 BY: General Government Committee, William R. Patterson, Chairperson IN RE: PARKS AND RECREATION – SUPPORT FOR THE ACCEPTANCE OF THE DONATION OF THE ELLIS BARN FOR RELOCATION TO SPRINGFIELD OAKS COUNTY PARK AS DOCUMENTED IN THE ELLIS BARN DONATION AGREEMENT To the Oakland County Board Of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Parks and Recreation Commission on September 8, 2004 approved the Donation Agreement with RBI 33, LLC for the Ellis Barn; and WHEREAS the Oakland County Parks and Recreation Commission has supported the relocation of the historic barn to the 4-H Fairground at Springfield Oaks County Park; and WHEREAS the Oakland County Parks and Recreation Commission has, on behalf of the Road Commission for Oakland County, successfully secured funding through the Michigan Department of Transportation’s Transportation Enhancement Program; and WHEREAS the purpose of said Donation Agreement is to secure the public ownership of the Ellis Barn and to facilitate its rehabilitation as part of an Equestrian Center at Springfield Oaks that will provide recreational opportunities for all residents of Oakland County; and WHEREAS the receipt of the Ellis Barn and its relocation to Springfield Oaks as part of an Equestrian Center meets the goals and objectives of the Oakland County Recreation Master Plan – February 6, 2002; and WHEREAS Miscellaneous Resolution #83204 requires that gift donations with a value of $10,000.00 or more, with no match or other financial obligations to the County, be reviewed by the department's/division's Liaison committee, acknowledged by the Board of Commissioners by signed resolution, accounted for in the appropriate departmental donation account, and recorded as a general fixed County asset. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Parks and Recreation Commission to accept said Donation Agreement as stated above, with said monies for this project to come from Parks and Recreation funds and funds awarded as a result of grant applications. BE IT FURTHER RESOLVED that if Oakland County is unable to successfully procure grants, and/or if other funding necessary to accomplish the relocation of the Barn to Springfield Oaks County Park are not successful or appropriated, then title to the Barn shall revert back to the Donor and the Agreement shall be null and void. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Donation Agreement, Attachments A, B, and B-1 on file in County Clerk’s office. Moved by Patterson supported by Middleton the resolution be adopted. Moved by Patterson supported by Knollenberg the Finance Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Moved by Patterson supported by Coulter the Planning and Building Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Commissioners Minutes Continued. October 7, 2004 593 Moved by Patterson supported by Crawford the resolution be amended to coincide with the recommendation in the Finance Committee Report and the Planning and Building Committee Report. A sufficient majority having voted therefore, the amendments carried. Moved by Patterson supported by Crawford the resolution as amended, be adopted. Vote on resolution, as amended: 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, as amended, was adopted. MISCELLANEOUS RESOLUTION #04290 BY: General Government Committee, William R. Patterson, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – PAY LOCAL TAXES.COM AGREEMENT WITH THE IDENTIFIED CITIES, TOWNSHIPS AND VILLAGES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS as provided by Public Act 462 of 1996, the Enhanced Access to Public Records Act, the Board of Commissioners in Miscellaneous Resolution #97165 dated August 14, 1997 adopted the Oakland County Enhanced Access to Public Records Policy; and WHEREAS the Oakland County Board of Commissioners approved a revised @ccess Oakland Master Fee Structure in Miscellaneous Resolution #03279 dated October 16, 2003 which included a pricing schedule for both delinquent property taxes and current property taxes as part of the strategic rollout of a comprehensive eGovernment program; and WHEREAS the Oakland County Department of Information Technology has implemented a procedure that affords County taxpayers the convenience of using credit cards for the payment of delinquent property taxes to the County Treasurer; and WHEREAS each city, village and township in Oakland County (hereafter, “Municipality”) pursuant to the General Property Tax Act (MCL 211.1, et seq.) receives and collects current property tax payments on taxable property located within its geographic boundaries; and WHEREAS by utilizing similar technology, the Department of Information Technology has developed a model program called “PayLocalTaxes.Com” which the Department could make available to all County Municipalities to afford taxpayers the convenience of utilizing an internet-based, credit card payment option to pay their current property taxes; and WHEREAS the state law allows the County to provide such services in conjunction with a Municipality pursuant to an agreement between the County and the Municipality; and WHEREAS the Municipalities listed below, to date, have expressed an interest in entering such an agreement with the County to use the County’s “PayLocalTaxes.Com” services. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves entering into the attached PAY LOCAL TAXES.COM AGREEMENT (the “Agreement,” copy attached and incorporated herein) with each of the following Municipalities upon the terms and conditions stated in this Agreement: City of Auburn Hills Township of Addison City of Berkley Charter Township of Bloomfield City of Birmingham Charter Township of Commerce City of Bloomfield Hills Charter Township of Lyon City of Clawson Charter Township of Oxford City of Farmington Hills Charter Township of Royal Oak Commissioners Minutes Continued. October 7, 2004 594 City of Huntington Woods Charter Township of Springfield City of Lathrup Village Charter Township of Waterford City of Novi Charter Township of White Lake City of Pontiac City of South Lyon City of Wixom BE IT FURTHER RESOLVED that upon receipt of a executed PAY LOCAL TAXES.COM AGREEMENT and all other required assurances and documentation from any of the above Municipalities, the Board of Commissioner’s Chairperson is authorized to sign and finalize this Agreement with the Municipality on behalf of the County. BE IT FURTHER RESOLVED that upon receipt of an executed Agreement from any of the above listed Municipalities, along with the appropriate certified resolution from the Municipality’s governing body, and any other Municipality assurances and documentation required in the Agreement, the Oakland County Clerk shall obtain the Board of Commissioner Chairperson’s signature on the Agreement, shall file a copy of this fully executed Agreement in the official Oakland County Board of Commissioner records maintained in his Office, and shall also forward a copy of this fully executed Agreement to the Secretary of State as required by law. Chairperson, on behalf of the General Government Committee, I move adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Pay Local Taxes.com Agreement on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #04291 By: General Government Committee, William R. Patterson, Chairperson IN RE: INFORMATION TECHNOLOGY – CLEMIS – LIVE SCAN INTERLOCAL AGREEMENT WITH THE CITY OF YPSILANTI To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the COURT LAW ENFORCEMENT MANAGEMENT INFORMATION SYSTEM ("CLEMIS") is a computerized system which provides access to and entry of law enforcement data and facilitates the exchange of information among law enforcement 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 law enforcement agencies using CLEMIS and provides services such as training, help desk, and technical support to several cities, villages and townships in Oakland County and municipalities outside Oakland County, and is a liaison with the State on law enforcement technology matters; and WHEREAS part of this information includes exchange of fingerprint information on Live Scan Equipment; and WHEREAS the CLEMIS Division desires to enter into an Interlocal Agreement with the City of Ypsilanti to provide maintenance services and preventative maintenance services for the Live Scan Equipment; and WHEREAS the City of Ypsilanti 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 municipalities. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached Interlocal Agreement with the City of Ypsilanti and authorizes the Chairperson of the Board of Commissioners to sign the agreement. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Commissioners Minutes Continued. October 7, 2004 595 Copy of Clemis Live Scan Agreement between Oakland County and City of Ypsilanti on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. REPORT BY: General Government Committee, William R. Patterson, Chairperson IN RE: BOARD OF COMMISSIONERS – APPOINTMENTS TO THE ACT 641 SOLID WASTE PLANNING COMMITTEE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the vacancies on the Act 641 Solid Waste Planning Committee, recommends the appointment of the following people: ACT 641 SOLID WASTE PLANNING COMMITTEE – (terms ending 10/11/05) SOLID WASTE INDUSTRY ENVIRONMENTAL INTEREST GROUPS Jeff M. Harris, Waste Management, Inc. Jean Gramlich, Sierra Club Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Copy of Applications for Appointment to Boards, Committees and Commissions, letter from Tom Horton, Government Affairs Manager Michigan Market Area, and letter from Robert E. Leininger, Senior Legal Counsel for Waste Management on file in County Clerk’s office. Moved by Patterson supported by Wilson the Report be accepted. Discussion followed. A sufficient majority having voted therefore, the Report was accepted. Discussion followed. Moved by Patterson supported by Palmer the Report be referred back to the General Government Committee to discuss and review the appointment of Jean Gramlich, Sierra Club to the Act 641 Solid Waste Planning Committee and the vote at this time be on the appointment of Jeff M. Harris only. A sufficient majority having voted therefore, the motion carried. Chairperson Thomas A. Law asked if there were any further nominations to the Act 641 Solid Waste Planning Committee. There were no further nominations. Moved by Patterson supported by Wilson that Jeff M. Harris, Waste Management, Inc. be appointed to the Act 641 Solid Waste Committee. Discussion followed. Vote on appointment of Jeff M. Harris only: 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 appointment of Jeff M. Harris, Waste Management, Inc., to the Act 641 Solid Waste Planning Committee for a term ending October 11, 2005 was confirmed. Commissioners Minutes Continued. October 7, 2004 596 Commissioner William Patterson introduced Jeff M. Harris, Waste Management, Inc., who was in attendance at the Board meeting. MISCELLANEOUS RESOLUTION #04292 BY: Personnel Committee, Gregory C. Jamian, Chairperson IN RE: HUMAN RESOURCES – AUTHORIZE THE COUNTY TO EXTEND THE MEDICAL BENEFITS FOR DEPENDENTS OF EMPLOYEES CALLED TO ACTIVE MILITARY DUTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS as a result of the September 11, 2001 act of terrorism against the United States, the Board of Commissioners approved Miscellaneous Resolution #01269 authorizing the County to supplement the military pay for employees called to active military duty; and WHEREAS the County did not pay medical benefits for the employee and employee’s dependents when employees are called to active duty; and WHEREAS those medical benefits extended to dependents by the armed services do not provide for easily accessible services; and WHEREAS Miscellaneous Resolution #01269 also authorized the County to provide, for up to one year, the medical benefits for dependents of employees called to active duty; and WHEREAS employee activation for military service has continued due to military activity occurring in the Middle East; and WHEREAS activation for military service has been generally extended to periods of more than one year; and WHEREAS the one year timeframe was extended through December 31, 2003 by Miscellaneous Resolution #03062 and through December 31, 2004 by Miscellaneous Resolution #03328; and WHEREAS Oakland County remains committed to supporting the Oakland County employees, who out of commitment to the protection of their country, have dedicated their time and energy to serve as military reservists. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes medical benefits for dependents of an employee called to active duty be extended for the lesser of either the entire duration the employee is considered to be serving active military duty under the qualifying parameters outlined in Miscellaneous Resolution #01269 or through December 31, 2005. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #04293 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – APPROVAL AND ACCEPTANCE OF PURCHASE AGREEMENT FOR THE ACQUISTION OF 11.08-ACRES, PARCEL NO. 07-20-201-022 FOR EXPANSION OF SPRINGFIELD OAKS COUNTY PARK To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is the owner of the Springfield Oaks County Park located in Springfield Township, Michigan; and WHEREAS pursuant to the authorization of the Oakland County Planning and Building Committee the Oakland County Parks and Recreation Commission and the Department of Facilities Management with the assistance of Oakland County Corporation Counsel have negotiated the terms and conditions of the attached Purchase Agreement with Mrs. Ruth D. Lucas, owner of 11.08-acres of land located adjacent to Springfield Oaks County Park; and WHEREAS said Purchase Agreement was recommended for approval by the Oakland County Parks and Recreation Commission for park expansion purposes; and WHEREAS the Oakland County Parks and Recreation Commission has budgeted sufficient funds to complete the purchase of parcel no. 07-20-201-022; and WHEREAS pursuant to the terms and conditions of said Purchase Agreement the County shall pay Mrs. Ruth D. Lucas the sum of $125,000 via a cash sale for the purchase of parcel No. 07-20-201-022 subject Commissioners Minutes Continued. October 7, 2004 597 to the County performing its required due diligence investigation of the subject property; and WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached Purchase Agreement and recommend its approval. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and accepts the terms and conditions of the attached Purchase Agreement between the County of Oakland as purchaser and Mrs. Ruth D. Lucas of Clarkston, Michigan, seller for a cash sale purchase of parcel no. 07-20-201-022. 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 between the County of Oakland and Mrs. Ruth D. Lucas, 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 Approval and Acceptance of Purchase Agreement 11.08-ac. Parcel #07-20-201-022 Springfield Oaks County Park, and Springfield Oaks County Park Land Acquisition map on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #04294 By: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: OAKLAND COUNTY CLERK/REGISTER – QUIT CLAIM DEED RELEASE TO PARTIES POSTED AS SECURITY FOR CRIMINAL SURETY BOND - ZAKAR To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Clerk’s Office was directed by the Visiting Honorable Circuit Court Judge Meyer Warshawski to accept and record Quit Claim Deeds for three (3) properties located in the County of Oakland, State of Michigan, as security for the appearance of Bashar Zakar A/K/A/ Paul Zakar, in the case of The People of the State of Michigan vs. Bashar Zakar A/K/A Paul Zakar, Case 91-106068 FC; and WHEREAS the Clerk did register said Quit Claim Deeds with the Oakland County Register of Deeds Office as directed; and WHEREAS, that upon trial said Defendant was found NOT GUILTY of the offenses charged resulting in an Order For Cancellation of Bond, entered with the Circuit Court on April 13, 1998; and WHEREAS the purpose of the bond being satisfied and as a result of the Order being entered directing the return of the property interest Quit Claim deeded to Oakland County, back to the original Grantors; and WHEREAS pursuant to the Order of the Circuit Court directing the return of the property in question the County of Oakland is now required to release its interest and return the property in question to the proper owner(s). NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the return of the property interest to the Grantors and authorizes the Chairman of the Board of Commissioners to execute Quit Claim deeds on behalf of the County pursuant to the order of the Circuit Court. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Moved by Palmer supported by McMillin the resolution be adopted. 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) Commissioners Minutes Continued. October 7, 2004 598 A sufficient majority having voted therefore, the resolution was adopted. MISCELLANEOUS RESOLUTION #04295 By: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: OAKLAND COUNTY CLERK/REGISTER – QUIT CLAIM DEED RELEASE TO PARTIES POSTED AS SECURITY FOR CRIMINAL SURETY BOND - LEE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Clerk’s Office was directed by the Honorable Circuit Court Judge Fred M. Mester to accept and record Quit Claim Deeds for three (3) properties located in the City of Pontiac, County of Oakland, State of Michigan, as security for the appearance of Roderick Dwayne Lee in the case of The People of the State of Michigan vs. Roderick Dwayne Lee (Case: 99 166151 FC); and WHEREAS the Clerk did register said Quit Claim Deeds with the Oakland County Register of Deeds Office as directed; and WHEREAS the Defendant Roderick Dwayne Lee was subsequently convicted in the Oakland County Circuit Court on February 10, 2003, and at the time of sentencing appeared to have satisfied all conditions of his bond, thereby requiring all bonds and/or security posted on behalf of said Roderick Dwayne Lee to be returned to the person(s) posting said bond on his behalf; and WHEREAS the Honorable Fred M. Mester has made two Orders finding the conditions of the bond satisfied and directing the return of all bond monies, including the return of the property interest Quit Claim deeded to Oakland County, back to the original Grantors; and WHEREAS the purpose of the Quit Claim deeds having been satisfied the County of Oakland is now required to release its interest and return the property in question to the proper owner(s). NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the return of the property interest to the Grantors and authorizes the Chairman of the Board of Commissioners to execute Quit Claim deeds on behalf of the County pursuant to the order of the Circuit Court. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Moved by Palmer supported by Rogers the resolution be adopted. 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 was adopted. Commissioner Charles Palmer as a “point of privilege” addressed the board in honor of “Breast Cancer Awareness Week”. MISCELLANEOUS RESOLUTION #04296 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS – FISCAL YEAR 2002 SUPPLEMENTAL FUNDS AMENDED GRANT AGREEMENT FOR TERRORISM PREPAREDNESS - ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the 2002 Supplemental Appropriations Act For Further Recovery From and Response to Terrorist Attacks on the United States was passed by the Congress and signed by the President on August 2, 2002; and WHEREAS the Act authorized federal funding for the updating of Emergency Operations Plans (EOPs) with special emphasis on terrorism preparedness; and WHEREAS Oakland County applied and received $70,746 in 2003 for updating EOPs; and Commissioners Minutes Continued. October 7, 2004 599 WHEREAS Oakland County was advised that additional funds were available through a competitive grant for eligible programs who received the initial award; and WHEREAS Oakland County submitted an application and received approval to conduct vulnerability assessments for two Oakland County Airports and local CVT public safety buildings in the amount of $240,000; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process subject to approval of the Department of Corporation Counsel and the Board of Commissioners’ Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts grant funding from the State of Michigan in the amount of $240,000. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant agreement and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment and continuation is contingent upon continued future levels of grant funding. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Contract Review – Emergency Response and Preparedness, and Oakland County Fiscal Year 2002 FEMA Supplemental Grant for Terrorism Preparedness Program Narrative on file in County Clerk’s office. FISCAL NOTE (MISC. #04296) BY: Finance Committee, Chuck Moss, Chairperson IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS – FISCAL YEAR 2002 SUPPLEMENTAL FUNDS AMENDED GRANT AGREEMENT FOR TERRORISM PREPAREDNESS - ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: 1. The 2002 Supplemental Appropriations Act For Further Recovery From and Response to Terrorist Attacks on the United States was passed by the Congress and signed by the President on August 2, 2002. 2. Oakland County submitted an application and received approval to conduct vulnerability assessments for two Oakland County Airports and local CVT public safety buildings in the amount of $240,000. 3. Previously the County Executive – Emergency Response and Preparedness Division was awarded $70,746, for the updating of Emergency Operations Plans (EOPs) with special emphasis on terrorism preparedness. 4. The grant agreement has been processed through the County Executive Contract Review Process and the Board of Commissioners Grant Acceptance Procedures. 5. An amendment to the Fiscal Year 2004 grant budget is recommended as specified below: Revenue 1-11-276-100901-70001-0113 Grants – Federal Rev. $240,000 Expense 2-11-276-200901-70001-3348 Prof. Svs. $240,000 $ -0- FINANCE COMMITTEE Moved by Crawford supported by Bullard 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) Commissioners Minutes Continued. October 7, 2004 600 A sufficient majority having voted therefore, the resolution was adopted. MISCELLANEOUS RESOLUTION #04297 BY: Charles E. Palmer, District #19; Chuck Moss, District #20; Helaine Zack, District #22 IN RE: APPROPRIATION FOR THE ALLIANCE OF COALITIONS OF HEALTHY COMMUNITIES - PREVENTION OF SUBSTANCE ABUSE To the Oakland County Board of Commissioners: WHEREAS the largest single health and safety problem faced by our youth today is the abuse of drugs, alcohol and other substances; and WHEREAS the Alliance of Coalitions of Healthy Communities, known as the (ACHC), is the successor organization to the Coalition of Healthy Communities (CHC) and is composed of 17 coalitions representing forty Oakland County communities serving 221,000 of our youth under the age of 18 years; and WHEREAS the ACHC mission is the prevention of substance abuse, violence and other high risk behaviors by partnering with each other to enhance each member coalition's abilities to promote prevention and a healthy lifestyle; and WHEREAS the collaborative effort of the ACHC is strongly supported by the Oakland County Health Department, Office of Substance Abuse, as well as many Oakland County communities; and WHEREAS in order to move the ACHC forward and to carry out the work of their mission statement, which benefits all of Oakland County, it is necessary to have adequate funding to employ professional staff; and WHEREAS the ACHC is currently pursuing all avenues to receive Federal Grants to assist in its prevention work and has not as yet been successful. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby authorize a one-time appropriation of $50,000.00 for the Alliance of Coalitions of Healthy Communities, to be added to the Office of Substance Abuse Services' 2004-2005 Budget for its current contract with the ACHC, to be used for the benefit of all Oakland County youth. BE IT FURTHER RESOLVED that if and when Federal funding becomes available to the ACHC, County funds would cease to be used and any unused portion would be returned to Oakland County. Chairperson, I move adoption of the foregoing resolution. CHUCK MOSS, CHARLES PALMER, HELAINE ZACK, JEFF POTTER, ERIC WILSON, GREG JAMIAN, BILL BULLARD JR., THOMAS F. MIDDLETON, MARTIN KNOLLENBERG, JOHN SCOTT, WILLIAM R. PATTERSON, EILEEN KOWALL, THOMAS LAW, MIKE ROGERS, HUGH D. CRAWFORD, GEORGE W. SUAREZ, PETER WEBSTER, DAVID COULTER, ERIC COLEMAN, MATTIE HATCHETT, VINCENT GREGORY The Chairperson referred the resolution to the General Government Committee and the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #04298 BY: Commissioners Sue Ann Douglas, District #12; Eric S. Wilson, District #3; Thomas A. Law, District #17; David L. Moffitt, District #15; Christine Long, District #7; Charles E. Palmer, District #19; John A. Scott, District #5; Eileen T. Kowall, District #6; Tom McMillin, District #11; Greg Jamian, District #16; Mike Rogers, District #14; William R. Patterson, District #1; Martin J. Knollenberg, District #13 IN RE: BOARD OF COMMISSIONERS – SUSPENSION OF DUES TO THE MICHIGAN ASSOCIATION OF COUNTIES (MAC) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County prides itself on providing superior services to it’s residents while maintaining the third lowest millage rate in the State of Michigan; and Commissioners Minutes Continued. October 7, 2004 601 WHEREAS Oakland County’s ability to continue the level of services and the millage rate is in large measure due to the responsible fiscal policies adopted by the Oakland County Board of Commissioners; and WHEREAS the Fiscal Year 2005 Adopted Budget contains $70,691 for dues to the Michigan Association of Counties; and WHEREAS the Oakland County Board of Commissioners retains and pays for the services of a lobbying firm to promote the interests of Oakland County to the Michigan State Legislature; and WHEREAS during the recent tax shift deliberations in the Michigan House of Representatives, Oakland County’s lobbyists were in direct opposition to the lobbying efforts of the Michigan Association of Counties (MAC); and WHEREAS it was very disappointing that the best interests of Oakland County, one of the largest donor counties in the State of Michigan, as well as, a significant contributor to the Michigan Association of Counties, were not represented in the position that was advocated by MAC in supporting the revenue sharing shift in Senate Bill 1111 and Senate Bill 1112; and WHEREAS Oakland County taxpayers are not well served by funding lobbying efforts on both sides of an issue; and WHEREAS this situation has prompted the Oakland County Board of Commissioners to re-evaluate the decision-making process of the Michigan Association of Counties, especially when the interests of smaller counties are in direct conflict with the larger counties in Southeast Michigan; and WHEREAS it is incumbent upon the leadership of the Michigan Association of Counties to remain mindful, that, in an effort to support the greatest number of counties in the State of Michigan, they should exercise caution before being in the position of lobbying for legislation that directly disenfranchises the larger urban counties in Southeast Michigan, especially Oakland County, whose taxpayers carry a tremendous percentage of the tax burden of the State of Michigan; and WHEREAS it appears that the interests of the taxpayers of Oakland County would best be served by being "included" and not "excluded" in the legislation and platforms for which the Michigan Association of Counties acts as a proponent. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners invites the Executive Director of the Michigan Association of Counties to meet with leadership and interested members of the Oakland County Board of Commissioners to discuss how MAC plans to ensure that the interests of Oakland County and other large urban counties are not subjugated or ignored by the Michigan Association of Counties. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners pledges to work with the Michigan Association of Counties to devise a working relationship that acknowledges the position of Oakland County when MAC is advocating for a position that represents the common interests of all counties in the State of Michigan. BE IT FURTHER RESOLVED that the benefits of MAC membership be evaluated by the Oakland County Board of Commissioners through all of its committees prior to the payment of Oakland County's membership dues to the Michigan Association of Counties due July 1, 2005 for Fiscal Year 2006. BE IT FURTHER RESOLVED that the Oakland County Clerk provide a copy of this adopted resolution to the Michigan Association of Counties. Chairperson, we move the foregoing resolution. SUE ANN DOUGLAS, ERIC S. WILSON, THOMAS A. LAW, DAVID L. MOFFITT, CHRISTINE LONG, CHARLES E. PALMER, JOHN A. SCOTT, EILEEN T. KOWALL, TOM MCMILLIN, GREG JAMIAN, MIKE ROGERS, WILLIAM R. PATTERSON, MARTIN J. KNOLLENBERG, JEFF POTTER, HUGH D. CRAWFORD The Vice Chairperson referred the resolution to the General Government Committee, the Finance Committee, the Personnel Committee, the Planning and Building Committee, and the Public Services Committee. There were no objections. Commissioners Minutes Continued. October 7, 2004 602 MISCELLANEOUS RESOLUTION #04299 BY: Commissioners Sue Douglas, District #12 and Eric S. Wilson, District #3 IN RE: BOARD OF COMMISSIONERS - OPPOSITION TO GOVERNOR'S EFFORTS TO RUSH REVISIONS TO MICHIGAN'S TAX CODE DURING LAME DUCK SESSION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Governor Granholm has indicated that she wants a restructuring of the Michigan tax system to occur during the lame-duck session of the Michigan Legislature; and WHEREAS Michigan lawmakers should not adopt a wholesale revision of the state's tax system during the upcoming lame duck session period between the election and the end of the year; and WHEREAS this effort to exclude stakeholders from the process, which is likely the reason for moving substantive tax legislation in lame duck, undermines public input and a deliberative decision making process; and WHEREAS such an important and dramatic change to the tax system should not be rushed through the lame duck session of the Legislature, when many lawmakers making the decisions will not be returning next year and won't have to face the consequences of their votes; and WHEREAS the 38 or more new members of the Michigan House of Representatives and the citizens who voted for them, will be denied a voice in such a major decision, if tax revisions are pushed through the lame duck session; and WHEREAS one possible revision of the tax code that is being proposed includes expanding the state sales tax to include a sales tax on services - which will have a detrimental impact on small businesses, service providers and the economy; and WHEREAS it's never healthy or wise to try to make major reforms or major changes in a manner that circumvents deliberative decision making and sufficient time to allow ample opportunity for all stakeholders to have input. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby voices its fervent opposition to any effort to rush through revisions go the Michigan Tax Code during the lame duck session of the Michigan Legislature. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners requests the Oakland County Clerk to forward copies of this adopted resolution to Governor Granholm, the Oakland County delegation to the state legislature, Michigan Association of Counties, the cities, villages and townships of Oakland County, and Oakland County's legislative lobbyists. Chairperson, we move the adoption of the foregoing Resolution. EILEEN KOWALL, SUE ANN DOUGLAS, MIKE ROGERS, JOHN SCOTT, CHARLES E. PALMER, GREG JAMIAN, ERIC S. WILSON, TOM MCMILLIN, JEFFREY POTTER, WILLIAM R. PATTERSON, HUGH D. CRAWFORD, MARTIN KNOLLENBERG, ERIC COLEMAN, THOMAS F. MIDDLETON, CHRISTINE A. LONG, THOMAS A. LAW, BILL BULLARD, JR., CHUCK MOSS, DAVID L. MOFFITT The Vice Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #04300 BY: Commissioner Thomas A. Law, District #17 IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE VILLAGE OF BINGHAM FARMS – FISCAL YEAR 2002 AND 2003 ALLOCATIONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners established an Environmental Infrastructure Funds and Disbursement Policy per Miscellaneous Resolution #99093 in an effort to increase the share of dollars flowing into infrastructure projects for the County and its cities, villages and townships (CVTs); and Commissioners Minutes Continued. October 7, 2004 603 WHEREAS pursuant to the Disbursement Policy, the Village of Bingham Farms has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible environment remediation of improvement project; and WHEREAS the Village of Bingham Farms is requesting reimbursement for expenses directly related to the Old Stage Road and Coach Light Lane Drainage Improvement Project; and WHEREAS the Fiscal Year 2002 and Fiscal Year 2003 authorized amount of funding for the Village of Bingham Farms is $12,097.25 annually from the Environmental Infrastructure Fund as repayment to the Village of Bingham Farms for expenses incurred in connection with environmental remediation or improvement projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the projects submitted by the Village of Bingham Farms as eligible for reimbursement from the Environmental Infrastructure Fund. BE IT FURTHER RESOLVED that the Board authorizes a Fiscal Year 2002 and Fiscal Year 2003 appropriation in the amount of $12,097.25 annually from the Environmental Infrastructure Fund (Account #90-263226-41000-3985) to repay the Village of Bingham Farms for expenses incurred in connection with environmental remediation or improvement projects, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. THOMAS A. LAW Copy of Environmental Infrastructure Fund Reimbursement Request, and Attachments A and B on file in County Clerk’s office. The Vice Chairperson referred the resolution to the Finance Committee. There were no objections. The Board adjourned at 10:45 a.m. to the call of the Chair or October 21, 2004, at 9:30 a.m. G. WILLIAM CADDELL THOMAS A.LAW Clerk Chairperson