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HomeMy WebLinkAboutMinutes - 2005.04.14 - 8366136 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES April 14, 2005 Meeting called to order by Chairperson Bill Bullard, Jr. at 9:45 a.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Bullard, Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Woodward, Zack. (23) ABSENT: None. (0) Quorum present. Invocation given by David Coulter. Pledge of Allegiance to the Flag. Moved by Moss supported by Suarez the minutes of the March 24, 2005, Board Meeting be approved. A sufficient majority having voted therefore, the minutes were approved as printed. Moved by Kowall supported by Coulter the agenda be approved as printed. AYES: Bullard, Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Palmer, Patterson, Potter, Scott, Suarez, Woodward, Zack. (21) NAYS: None. (0) A sufficient majority having voted therefore, the agenda was approved as printed. Chairperson Bill Bullard made the following statement: “A Public Hearing is now called on Miscellaneous Resolution #05066 – Sheriff’s Department and Board of Commissioners/Library Board – Transfer of Jail Library Program and Positions from the Library Board to the Sheriff’s Department/Administrative Services Division. Are there any persons present who wish to speak?” No persons requested to speak and the Chairperson declared the Public Hearing closed. Commissioners Minutes Continued. April 14, 2005 137 The following people addressed the Board: Allan Meltzer, Clifford Jablonski, Christopher Cummins, of the Oakland County Historical Commission (copy of press release and invitation to the workshop on file in County Clerk’s office) and Linea Berg who presented Easter Seals with the Parents Family Friendly Employer of the Year Award in honor of Parenting Awareness Month. Moved by Crawford supported by Melton the resolutions on the Consent Agenda be adopted (with accompanying reports being accepted). (The vote for this motion appears on page 145.) The resolutions on the Consent Agenda follow (annotated by an asterisk {*}): *MISCELLANEOUS RESOLUTION #05062 BY: General Government Committee, William R. Patterson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – INTERLOCAL AGREEMENT BETWEEN OAKLAND COUNTY AND THE TOWNSHIP OF GROVELAND FOR THE FIRE RECORDS MANAGEMENT SYSTEM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners approved the acquisition of the Fire Records Management System in Miscellaneous Resolution #99309; and WHEREAS the purpose of the Fire Records Management System is to capture and create fire records from the inception of a 9-1-1 call, to include the additional computer-aided dispatch information, and complete the recording in a standard records management system, promoting communication and the sharing of fire records among the municipalities that participate; and WHEREAS the Department of Information Technology, the Department of Corporation Counsel, and the Fire Governance Committee have developed a Fire Records Management System Interlocal Agreement setting forth the rights and obligations of the County and the municipalities participating in the Fire Records Management System; and WHEREAS the Oakland County Board of Commissioners authorized the execution of the attached Interlocal Agreement with specific municipalities in Miscellaneous Resolution #02045; and WHEREAS the Township of Groveland would like to participate in the Fire Records Management System. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the execution of the Fire Records Management Agreement between the Township of Groveland and the County of Oakland. The Chairperson of the Board of Commissioners is also authorized to sign the attached Fire Records Management System Interlocal Agreement with the Township of Groveland. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Fire Records Management Agreement between Oakland County and Groveland Township Fire Department and copy of the minutes of the Groveland Township Fire Board from January 10, 2005 on file in County Clerk’s office. FISCAL NOTE (MISC. #05062) BY: Finance Committee, Chuck Moss, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - INTERLOCAL AGREEMENT BETWEEN OAKLAND COUNTY AND THE TOWNSHIP OF GROVELAND FOR THE FIRE RECORDS MANAGEMENT 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 resolution approves the Chairperson of the Board to authorize and sign the Agreement with the Township of Groveland as identified in the resolution. 2. The Fire Governance Committee (FGC) established fees for the local municipalities in their July 12, 2000 meeting minutes (attached). Commissioners Minutes Continued. April 14, 2005 138 3. The Township of Groveland (as a department that chose not to stay in the initial phase of the project) will be responsible for the following initial start-up fee and annual fees (prorating 6 months access for Fiscal Year 2005) listed below: -$3,500 start-up fee -$3,500 annual department fee -$ 300 annual fire station fee ($300 for each fire station beyond the first) 4. The addition of the Township of Groveland will require the purchase of two additional software licenses at $3,808 each and will increase the annual software maintenance by $570 for each license. Funding is available in the General Fund Designated Fund Balance account (#9407-61000) to cover the software purchase. 5. Adjustments to Fiscal Year 2006 Budget will be included in the Fiscal Year 2006 County Executive Recommended Budget. 6. The Fiscal Year 2005 Budget should be amended as specified below: DEPT-OCA-PCA-OBJECT DESCRIPTION FY 2005 GENERAL FUND (101) Revenue 90-150000-14000-1582 Planned Use of Fund Balance ($ 8,756) Expenditure 90-310000-98531-8001 Transfer to FRMS 8,756 $ -0- FIRE RECORDS MANAGEMENT FUND (531) Revenue 23-531003-98101-1701 Transfer In $ 8,756 23-531001-53100-0759 Outside Agencies 5,400 Total Revenue $ 14,156 Expenses 23-531002-53100-3596 Software Purchase $ 7,616 23-531002-53100-3597 Software Maint. 1,140 23-531002-53100-8055 Changes in Equity 5,400 Total Expenses $ 14,156 FINANCE COMMITTEE (The vote for this motion appears on page 145.) *REPORT (MISC. #05071) BY: General Government Committee, William R. Patterson, Chairperson IN RE: BOARD OF COMMISSIONERS – OPPOSITION TO HOUSE BILL 4471 – PROPOSAL TO RE-ESTABLISH SEPARATE SCHOOL DISTRICT ELECTIONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #05071 on April 4, 2005, reports with a recommendation that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #05071 BY: Commissioners Sue Ann Douglas, John A. Scott, Eric S. Wilson, Christine Long, Charles E. Palmer, David Coulter, Dave Woodward, William R. Patterson, Michael Rogers, Eileen T. Kowall, Bill Bullard, Greg Jamian IN RE: BOARD OF COMMISSIONERS - OPPOSITION TO HOUSE BILL 4471 - PROPOSAL TO RE-ESTABLISH SEPARATE SCHOOL DISTRICT ELECTIONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Public Act 299 of 2003, amended the Michigan Election Law, the Revised School Code and several related acts, to consolidate state, local and school elections; and Commissioners Minutes Continued. April 14, 2005 139 WHEREAS the Oakland County Board of Commissioners adopted Miscellaneous Resolution #03285, in support of legislation to reduce the number of election dates, in order to provide more consistency and predictability for potential voters and to bring the administration of all elections under the jurisdiction of the city, township and county clerks - whose primary obligations are to the Michigan Election Law; and WHEREAS under the Hammerstrom election consolidation law, four regular election dates are allowed and school districts were permitted to select from one of four options for school elections; and WHEREAS the consolidation of elections guards against "stealth" elections, encourages voter turnout, and places the responsibility of conducting all elections in the hands of the county and local clerks, who are answerable to the Michigan Election Law, as part of a professional election system that includes the Secretary of State Election Bureau; and WHEREAS most school districts selected the May election date for school elections at considerable expense to taxpayers; and WHEREAS the election date selected by the schools is not exclusive to school elections; and WHEREAS House Bill 4471 proposes to amend Public Act 115 of 154, Michigan Election Law, to allow school districts to conduct their own elections in February, May, August or November; and WHEREAS House Bill 4471 would cause voter confusion and would conflict with other governmental elections scheduled on the same date. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby opposes House Bill 4471, and legislation that proposes to allow school districts to again conduct their own elections. BE IT FURTHER RESOLVED that copies of this adopted resolution be forwarded to the Governor of the State of Michigan, the Oakland County delegation to the state legislature, State Representative John Stewart, the House Committee on House Oversight, Elections and Ethics, the Michigan Association of Counties and Oakland County’s legislative lobbyists. Chairperson, we move the adoption of the foregoing resolution. SUE ANN DOUGLAS, JOHN SCOTT, ERIC WILSON, CHRISTINE LONG, CHARLES PALMER, DAVID COULTER, CHUCK MOSS, DAVE WOODWARD, WILLIAM PATTERSON, MICHAEL ROGERS, EILEEN KOWALL, BILL BULLARD, HUGH CRAWFORD, THOMAS MIDDLETON, GREG JAMIAN, JEFF POTTER (The vote for this motion appears on page 145.) *MISCELLANEOUS RESOLUTION #05063 BY: Personnel Committee, Gregory Jamian, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT – FISCAL YEAR 2005-2007 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY THE MICHIGAN NURSES ASSOCIATION (MNA) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland and the Michigan Nurses Association, have been negotiating a contract covering 113 Public Health Nurses; and WHEREAS a 3–year agreement has been reached for the period October 1, 2004, through September 30, 2007, and said agreement has been reduced to writing; and WHEREAS this agreement provides for a 3% increase for Fiscal Year 2005; the same increase as the general non-represented employees for Fiscal Year 2006 or a 2% increase, whichever is greater; and a wage re-opener for Fiscal Year 2007; and WHEREAS additionally, this agreement provides for any benefit modifications implemented for general, non-represented employees during fiscal year 2006 will be applied to this group, and provides for a benefit re-opener for fiscal year 2007; and WHEREAS the agreement has been reviewed by your Personnel Committee, which recommends approval of the agreement. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the proposed agreement between the County of Oakland and the Michigan Nurses Association, covering the period of Commissioners Minutes Continued. April 14, 2005 140 October 1, 2004, through September 30, 2007, and that the Board Chairperson on behalf of the County of Oakland, is authorized to execute said agreement as attached. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE Copy of Summary of Agreement between the County of Oakland and the Michigan Nurses Association, Collective Bargaining Agreement 2004-2007, and Appendix B on file in County Clerk’s office. FISCAL NOTE (MISC. #05063) BY: Finance Committee, Chuck Moss, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT - FISCAL YEAR 2005-2007 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY THE MICHIGAN NURSES ASSOCIATION (MNA) 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 Michigan Nurses Association have reached an agreement regarding wages and benefits for Fiscal Year 2005 - 2007. 2. The agreement includes a 3% wage increase for Fiscal Year 2005, totaling $253,384, which was included in the Fiscal Year 2005 Adopted Budget. 3. For Fiscal Year 2006, the same increase as the general non-represented employees, or a 2% increase totaling $173,991, whichever is greater; and a wage re-opener for Fiscal Year 2007. 4. Funding to cover the contract change for Fiscal Year 2006 in the amount of $173,991 will be included in the Fiscal Year 2006/2007 County Executive Recommended Budget. Therefore, no amendment is required. FINANCE COMMITTEE (The vote for this motion appears on page 145.) *MISCELLANEOUS RESOLUTION #05064 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: THE OAKLAND COUNTY PARKS AND RECREATION COMMISSION AND THE DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST TO GRANT EASEMENT FOR UNDERGROUND ELECTRIC SERVICE TO THE DETROIT EDISON COMPANY - SPRINGFIELD OAKS COUNTY PARK (TAX PARCEL NO. 07-20-201-016) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is the owner of Springfield Oaks County Park located in Springfield Township; and WHEREAS the Oakland County Parks Commission in conjunction with the 52-2 Clarkston District Court is in the process of establishing a court community garden inclusive of a donated greenhouse at Springfield Oaks County Park; and WHEREAS electric power is required to operate the proposed greenhouse, therefore the Detroit Edison Company has requested that the County grant a 15-ft. wide by 50-ft. long easement for underground electric service from the existing power pole line located along Andersonville Road to the greenhouse site; and WHEREAS the Oakland County Parks Commission and the Detroit Edison Company have agreed upon a route for the said underground electric service which will provide power to the greenhouse site; and WHEREAS the Oakland County Parks and Recreation Commission recommended approval of the attached easement on March 9, 2005; and WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the granting of the easement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes and approves the granting of the attached easement for underground electric service and related appurtenances to the Detroit Edison Company for the sum of one dollar. Commissioners Minutes Continued. April 14, 2005 141 BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or designee to execute the attached easement for underground electric service and related appurtenances. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Grant of Non-Exclusive Underground Easement in Gross and Map of Easement on file in County Clerk’s office. FISCAL NOTE (MISC. #05064) BY: Finance Committee, Chuck Moss, Chairperson IN RE: THE OAKLAND COUNTY PARKS AND RECREATION COMMISSION AND THE DEPARTMENT OF FACILITIES MANAGEMENT - REQUEST TO GRANT EASEMENT FOR UNDERGROUND ELECTRIC SERVICE TO THE DETROIT EDISON COMPANY - SPRINGFIELD OAKS COUNTY PARK (TAX PARCEL NO. 07-20-201-016) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Oakland County Parks and Recreation Commission, in conjunction with the 52-2 Clarkston District Court, is in the process of establishing a court community garden at Springfield Oaks County Park inclusive of a donated greenhouse. 2. Electrical power is required to operate the proposed greenhouse and Detroit Edison has requested the County grant an easement for underground electric service to the greenhouse site. 3. The resolution authorizes and approves the granting of an easement for underground electric service and related appurtenances to the Detroit Edison Company for the sum of one (1) dollar. 4. No General Fund/General Purpose amendment is required. FINANCE COMMITTEE (The vote for this motion appears on page 145.) *MISCELLANEOUS RESOLUTION #05065 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: OAKLAND COUNTY PARKS AND RECREATION COMMISSION AND DEPARTMENT OF FACILITIES MANAGEMENT – RECOMMENDATION TO GRANT EASEMENT FOR WATERMAIN - WHITE LAKE OAKS COUNTY PARK (TAX PARCEL NO. 12-24-200-007) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is the owner of White Lake Oaks County Park located in White Lake Township; and WHEREAS the Oakland County Parks and Recreation Commission is engaged in the process of building a new clubhouse at White Lake Oaks County Park; and WHEREAS the Parks Commission has elected to utilize the local township water supply system for potable water and fire suppression purposes rather than the existing park well; and WHEREAS the White Lake Township water supply system does not presently serve the immediate area of the park. However, the Waterford Township water supply system is presently available along the Williams Lake Road frontage of the Park; and WHEREAS the Charter Townships of Waterford and White Lake have requested that the County of Oakland grant a permanent easement for the construction, operation, maintenance, repair and replacement of a water main and related appurtenances over a portion of the park property adjacent to Williams Lake Road at the intersection of Pontiac Lake Road; and WHEREAS the Oakland County Parks Commission and the Townships have agreed upon a route for the said watermain which is agreeable to all parties; and Commissioners Minutes Continued. April 14, 2005 142 WHEREAS the Oakland County Parks and Recreation Commission recommended approval of the subject easement on March 9, 2005; and WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the granting of the easement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes and approves the granting of the attached easement for water main and related appurtenances to the Charter Townships of Waterford and White Lake for the sum of one dollar. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or designee to execute the attached water main easement. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Grant of Water Main Easement in Gross, Exhibit A, and Water Main Easement Map on file in County Clerk’s office. FISCAL NOTE (MISC. #05065) BY: Finance Committee, Chuck Moss, Chairperson IN RE: OAKLAND COUNTY PARKS AND RECREATION COMMISSION AND DEPARTMENT OF FACILITIES MANAGEMENT – RECOMMENDATION TO GRANT EASEMENT FOR WATERMAIN – WHITE LAKE OAKS COUNTY PARK (TAX PARCEL NO. 12-24-200-007) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Oakland County Parks and Recreation Commission is engaged in the process of building a new clubhouse at White Lake Oaks County Park. 2. The Parks Commission has elected to utilize the local township water supply for potable water and fire suppression purposes. 3. The Charter Townships of Waterford and White Lake have requested the County grant a permanent easement for the construction, operation, maintenance, repair and replacement of a water main and related appurtenances over a portion of the park. 4. The resolution authorizes and approves the granting of an easement for water main and related appurtenances to the Charter Townships of Waterford and White Lake for the sum of one (1) dollar. 5. No General Fund/General Purpose amendment is required. FINANCE COMMITTEE (The vote for this motion appears on page 145.) *REPORT (MISC. #05066) BY: General Government Committee, William R. Patterson, Chairperson IN RE: SHERIFF’S DEPARTMENT AND BOARD OF COMMISSIONERS/LIBRARY BOARD – TRANSFER OF JAIL LIBRARY PROGRAM AND POSITIONS FROM THE LIBRARY BOARD TO THE SHERIFF’S DEPARTMENT/ADMINISTRATIVE SERVICES DIVISION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #05066 on April 4, 2005, reports with a recommendation that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Commissioners Minutes Continued. April 14, 2005 143 REPORT (MISC. #05066) BY: Personnel Committee, Gregory C. Jamian, Chairperson IN RE: SHERIFF'S DEPARTMENT AND BOARD OF COMMISSIONERS/LIBRARY BOARD - TRANSFER OF JAIL LIBRARY PROGRAM AND POSITIONS FROM THE LIBRARY BOARD TO THE SHERIFF'S DEPARTMENT/ADMINISTRATIVE SERVICES DIVISION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed Miscellaneous Resolution #05066 on April 6, 2005, reports to the Board with the recommendation the resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION #05066 By: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF’S DEPARTMENT AND BOARD OF COMMISSIONERS/LIBRARY BOARD – TRANSFER OF JAIL LIBRARY PROGRAM AND POSITIONS FROM THE LIBRARY BOARD TO THE SHERIFF’S DEPARTMENT/ADMINISTRATIVE SERVICES DIVISION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Library Board currently has five (5) positions assigned to provide library services to inmates of the Oakland County Jail; and WHEREAS four (4) of the aforementioned positions are Proprietary (PR) funded by the Commissary Fund and one (1) position is designated GF/GP and reimbursed by the Commissary Fund; and WHEREAS the Sheriff is charged with the legal responsibility of providing library services to inmates housed at the Oakland County Jail; and WHEREAS it has been agreed that it would be beneficial to transfer the Jail Library Program from the Library Board to provide a consistent combination of authority and accountability; and WHEREAS the Library Board may continue to offer limited law library services for a fee to the Jail Library Program, if agreed upon by both the Sheriff and the Library. NOW THEREFORE BE IT RESOLVED that having held the required Public Hearing, the Oakland County Board of Commissioners authorizes the transfer of the following Jail Library Program and staff from the Library Board Division of the Board of Commissioners to the Commissary Unit in the Administrative Services Division of the Sheriff Department: Position # Job Title Current Funding 51301-06702 Jail Library Technician GF/GP 51301-05610 Library Technician I PR 51301-05977 General Helper (ptne) PR 51302-05339 Student (ptne) PR 51302-05340 Student (ptne) PR BE IT FURTHER RESOLVED that the funding of one (1) Jail Library Technician (Pos. #51301-06702) be changed from GF/GP to PR to reflect that this position will now be funded by the Commissary fund. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE FISCAL NOTE (MISC. #05066) BY: Finance Committee, Chuck Moss, Chairperson IN RE: SHERIFF'S DEPARTMENT AND BOARD OF COMMISSIONERS/LIBRARY BOARD - TRANSFER OF JAIL LIBRARY PROGRAM AND POSITIONS FROM THE LIBRARY BOARD TO THE SHERIFF'S DEPARTMENT/ ADMINISTRATIVE SERVICES DIVISION 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 Library Board currently has five (5) positions assigned to provide library services to the inmates of the Oakland County Jail. Commissioners Minutes Continued. April 14, 2005 144 2. Four (4) of the aforementioned positions are Proprietary (PR) funded by the Commissary Fund and one (1) is designated GF/GP and is reimbursed by the Commissary Fund. 3. The Sheriff is charged with the legal responsibility of providing library services to inmates housed at the Oakland County Jail. 4. Position # 05610 Library Technician I, #05977 General Helper (ptne), #05339 Student (ptne) and #05340 Student (ptne) would be transferred organizationally from 513-01 to 432-05. 5. Position #06702 Jail Library Technician would be transferred from Fund 101 513-01 to Fund 706 432-05 effective April 15, 2005. 6. No additional funding is required for the transfer of the Jail Library Program from the Library Board to the Sheriff's Department. 7. Operations for Fiscal Year 2007 will be handled during the Fiscal Year 2006/Fiscal Year 2007 Budget process. 8. A budget amendment to the Fiscal Year 2005/2006 budget to reflect the transfer of the Jail Library Program from the Library Board to the Sheriff's Department is recommended as follows: GENERAL FUND FY 2005 FY 2006 Revenue 51-101-331000-98706-1701 Transfer In ($27,733) ($60,508) Expenditure 51-101-231000-53200-2001 Salary ($18,550) ($40,474) 51-101-231000-53200-2074 Fringe Benefits ( 9,183) ( 20,034) Total Expenditures ($27,733) ($60,508) $ -0- $ -0- COMMISSARY FUND Expenditure 51-706-270601-53200-2001 Salary ($42,056) ($42,056) 51-706-270601-53200-2024 Salary Adjustments ( 1,262) ( 1,262) 51-706-270601-53200-2074 Fringe Benefits ( 16,785) ( 16,785) 51-706-270602-53200-2001 Salary ( 18,558) ( 18,558) 51-706-270602-53200-2024 Salary Adjustments ( 557) ( 557) 51-706-270602-53200-2074 Fringe Benefits ( 1,744) ( 1,744) 43-706-623340-98101-8001 Transfer Out ( 27,733) ( 60,508) 43-706-623340-10000-2001 Salary 79,164 101,088 43-706-623340-10000-2024 Salary Adjustments 1,819 1,819 43-706-623340-10000-2074 Fringe Benefits 27,712 38,563 $ -0- $ -0- FINANCE COMMITTEE (The vote for this motion appears on page 145.) *MISCELLANEOUS RESOLUTION #05072 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE – CALENDAR YEAR 2005 MARINE SAFETY PROGRAM GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Sheriff’s Office applied to the Michigan Department of Natural Resources for $836,938 in grant funding from Public Act 451 to conduct Marine Safety activities for the period January 1, 2005 through December 31, 2005; and WHEREAS the Michigan Department of Natural Resources awarded Oakland County with a grant in the amount of $235,000, which is a slight decrease compared to the Calendar Year 2004 award; and WHEREAS a 25 percent (25%) county match is required from funds available within the Sheriff’s Department budget; and WHEREAS no additional positions are requested; and WHEREAS the acceptance of this grant does not obligate the County to any future commitment; and Commissioners Minutes Continued. April 14, 2005 145 WHEREAS the continuation of the program is contingent upon future levels of reimbursement program funding. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the Calendar Year 2005 Marine Safety Grant award from the Michigan Department of Natural Resources in the amount of $235,000 and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Grant Review – Sheriff’s Office, letter from Deborah Apostol, Manager, Grants Section of the Department of Natural Resources, and 2005 Marine Safety Program Grant Agreement on file in County Clerk’s office. FISCAL NOTE (MISC. #05072) BY: Finance Committee, Chuck Moss, Chairperson IN RE: SHERIFF’S OFFICE – CALENDAR YEAR 2005 MARINE SAFETY PROGRAM GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Sheriff's Office General Fund budget includes the Marine Safety Program for which the County receives State reimbursement as support for a portion of the program. 2. For Calendar Year 2005, the Michigan Department of Natural Resources (MDNR) awarded the Sheriff’s Office $235,000 for Marine Safety activities based on the average of the most recent three years of actual expenditures as reported by the County. 3. The 2005 budget currently reflects $200,000 in anticipated revenue from the State for the Marine Safety Program, and therefore, a budget amendment is recommended to recognize the additional $35,000 awarded by the State. 4. The grant period is January 1, 2005 through December 31, 2005. 5. Although the State requires a twenty-five percent (25%) County match, the Sheriff's Office expenditures for the program exceeds the twenty-five (25%) percent match, and therefore meets the County's required cost share for salaries and operating expense. 6. No additional positions are required. 7. A budget amendment to the Fiscal Year 2005 budget is recommended as follows: Revenue FY 2005 43-101-013601-33000-0219 Marine Safety $35,000 Expenditures 90-101-290000-25000-2564 Non-Dept Contingency $35,000 $ -0- FINANCE COMMITTEE Vote on Resolutions on the Consent Agenda: AYES: Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Woodward, Zack, Bullard. (22) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda were adopted (with accompanying reports being accepted). Commissioners Minutes Continued. April 14, 2005 146 MISCELLANEOUS RESOLUTION #05047 BY: Eric S. Wilson, William R. Patterson, Christine Long, Thomas F. Middleton, Bill Bullard, Jr., Marcia Gershenson, John A. Scott, Eileen T. Kowall, Greg Jamian, Hugh D. Crawford IN RE: BOARD OF COMMISSIONERS - ENVIRONMENTAL INFRASTRUCTURE FUND DEADLINE EXTENSION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in 1999, the Oakland County Board of Commissioners adopted Miscellaneous Resolution #99093, the Environmental Infrastructure Fund Disbursement Policy, that established the 5-year, $25 million program; and WHEREAS the Environmental Infrastructure Fund program assists communities in Oakland County by reimbursing them for the costs of eligible, environmental remediation or improvement projects related to ground and/or surface water, water supply, water pollution control (as part of road projects), sewer systems or drainage systems; and WHEREAS each City, Village and Township (CVT) was eligible, under the Environmental Infrastructure Fund program, to receive an annual allocation in accordance with a distribution formula based on state- equalized values (SEV) and population; and WHEREAS 60 cities, villages and townships in Oakland County submitted applications for project authorizations by September 30, 2004. The documentation for these reimbursement requests included a resolution from the local legislative board or council authorizing the reimbursement request and a project description; and WHEREAS municipalities were given a deadline of September 30, 2005, to request reimbursement from the Environmental Infrastructure Fund for the costs incurred on authorized projects, which was to be accompanied by a copy of paid invoices; and WHEREAS the Environmental Infrastructure Fund has already reimbursed over $23 million to cities, villages and townships in Oakland County; and WHEREAS there are approximately 21 municipalities that have not yet submitted all of their paid invoices for reimbursements. It is anticipated that some of the projects, which are underway, may not be completed in time to meet the September 30, 2005 deadline to submit paid invoices; and WHEREAS it has been requested that the Environmental Infrastructure Fund deadline to apply for reimbursement be extended to allow these communities adequate time to provide the required paid invoices. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes the Environmental Infrastructure Fund deadline be extended until March 1, 2006, for municipalities with authorized projects to submit requests for reimbursements. BE IT FURTHER RESOLVED that any undisbursed amounts for authorized projects remaining after September 30, 2005, shall be maintained in the Environmental Infrastructure Fund until finally distributed according to Environmental Infrastructure Fund disbursement procedures. Chairperson, we move the adoption of the foregoing resolution. ERIC WILSON, WILLIAM PATTERSON, CHRISTINE LONG, THOMAS MIDDLETON, BILL BULLARD, JR., MARCIA GERSHENSON, JOHN SCOTT, EILEEN KOWALL, GREG JAMIAN, HUGH CRAWFORD, CHUCK MOSS, MICHAEL ROGERS FISCAL NOTE (MISC. #05047) BY: Finance Committee, Chuck Moss, Chairperson IN RE: BOARD OF COMMISSIONERS - ENVIRONMENTAL INFRASTRUCTURE FUND DEADLINE EXTENSION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: Commissioners Minutes Continued. April 14, 2005 147 1. The Oakland County Board of Commissioners adopted Miscellaneous Resolution #99093, the Environmental Infrastructure Fund Disbursement Policy that established the 5-year, $25 million program. 2. Sixty (60) cities, villages and townships in Oakland County submitted applications for project authorizations by September 30, 2004. 3. The municipalities were given a deadline of September 30, 2005 to request reimbursement for costs incurred on authorized projects from the Environmental Infrastructure Fund. 4. The Environmental Infrastructure Fund has already reimbursed over $23 million to cities, villages and townships in Oakland County. 5. Twenty-one (21) municipalities have not yet submitted all of their paid invoices for reimbursement. It is anticipated that some of the projects, which are underway, may not be completed in time to submit paid invoices by the September 30, 2005 deadline. 6. The Oakland County Board of Commissioners authorizes the Environmental Infrastructure Fund deadline be extended until March 1, 2006, for municipalities to submit requests for reimbursements. 7. There are no financial adjustments to be made regarding this resolution. FINANCE COMMITTEE Moved by Moss supported by Woodward the resolution be adopted. AYES: Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Woodward, Zack, Bullard, Coleman. (22) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. REPORT (MISC #05049) BY: General Government Committee, William R. Patterson, Chairperson IN RE: BOARD OF COMMISSIONERS – ESTABLISH SMALL BUSINESS HEALTH CARE STUDY GROUP To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #05049 on April 4, 2005, reports with a recommendation that the 1st BE IT FURTHER RESOLVED paragraph be amended, as follows: BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners shall may appoint the members of the Small Business Health Care Plan Study Group, including at least 2 Commissioners (one Republican and one Democrat) and representatives from the County Administration, as recommended by the Oakland County Executive. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #05049 BY: Commissioners Tim Melton, District #11, William D. Molnar, District #13 IN RE: BOARD OF COMMISSIONERS - ESTABLISH SMALL BUSINESS HEALTH CARE STUDY GROUP To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in Oakland County there are over 50,000 small businesses which employ fewer than 100 employees; and WHEREAS many of these small businesses can not afford to offer a health care benefit to their employees due to the high cost associated with providing such coverage; and Commissioners Minutes Continued. April 14, 2005 148 WHEREAS other counties throughout the United States have developed programs to provide basic health care that is affordable for employees of small businesses which do not offer health care as a benefit of employment; and WHEREAS frequently, employees of small businesses without a health care benefit do not qualify for government health care programs because their income is too high. Tragically, their income is too low to afford the high cost of private care insurance for themselves and their family; and WHEREAS Washtenaw County began a program in 2005 to offer affordable health insurance to low- income employees of small businesses in their county. Employers, employees and a public subsidy each contribute towards an affordable monthly insurance premium; and WHEREAS Wayne County offers "HealthChoice" - a managed care program that provides comprehensive health care coverage to Wayne County businesses employing three or more employees. Under this program, which began in 1994, the business owner pays one-third, the employee pays one- third and HealthChoice pays up to the remaining third based on the hourly rate of the employee; and WHEREAS Oakland County government has a long established reputation as a leader in providing quality services. An initiative to develop a program designed to assist small business employers in providing their employees affordable health care coverage would enhance Oakland County's desirability as a great place to work and live. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby establishes a Small Business Health Care Plan Study Group to determine the feasibility and requirements to establish a program in Oakland County that makes affordable health care accessible through small businesses for their employees. BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners shall appoint the members of the Small Business Health Care Plan Study Group, including 2 Commissioners (one Republican and one Democrat) and representatives from the County Administration, as recommended by the Oakland County Executive. BE IT FURTHER RESOLVED that the Small Business Health Care Plan Study Group is to report through the Committee process and to the Board of Commissioners within 180 days of the adoption of this resolution. Chairperson, we move the adoption of the foregoing resolution. TIM MELTON, WILLIAM MOLNAR, MARCIA GERSHENSON, JIM NASH, ERIC COLEMAN, HELAINE ZACK, DAVID WOODWARD, MICHAEL ROGERS, WILLIAM PATTERSON, HUGH CRAWFORD Moved by Patterson supported by Hatchett the resolution be adopted. Moved by Patterson supported by Hatchett the General Government Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Moved by Patterson supported by Hatchett the resolution be amended to coincide with the recommendation in the General Government Committee Report. A sufficient majority having voted therefore, the amendment carried. Vote on resolution, as amended: AYES: Crawford, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Patterson, Potter, Rogers, Scott, Suarez, Woodward, Zack, Bullard, Coleman, Coulter. (20) NAYS: Douglas, Palmer. (2) A sufficient majority having voted therefore, the resolution, as amended, was adopted. Commissioners Minutes Continued. April 14, 2005 149 REPORT (MISC. #05051) BY: General Government Committee, William R. Patterson, Chairperson IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR HOUSE BILL 4012 – TAX INCREMENT FINANCING AUTHORITIES MAILING NOTICE REQUIREMENTS TO COUNTIES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #05051 on April 4, 2005, reports with a recommendation that the resolution be amended, as follows: 1. Amend the title of the resolution, as follows: Miscellaneous Resolution #05051 – Board of Commissioners – Support for House Bills 4012, 4013 and 4318 – Tax Increment Financing Authorities Mailing Notice Requirements to Counties 2. Amend the 1st WHEREAS paragraph, as follows: WHEREAS House Bills 4012, 4013 and 4318 proposes to amend Public Act 281 of 1986, entitled “The Local Development Financing Act,” Sections 4 and 16 (MCL 125.2154 and 125.2166), Section 4 as amended by 2000 Public Act 248; and 3. Amend the 4th WHEREAS paragraph, as follows: WHEREAS House Bills 4012, 4013 and 4318 adds language to the Local Development Financing Act to require that hearing notices be mailed “by certified mail to the Treasurer, Clerk, and Chairperson of the Board of Commissioners of the county in which the authority district or business district was proposed to be located;” and 4. Amend the 6th WHEREAS paragraph, as follows: WHEREAS House Bills 4012’s, 4013’s and 4318’s special notice provisions only apply to the notice to counties and not to the mailing of other taxing jurisdictions. The requirement would go into effect on June 1, 2005; and 5. Amend the 7th WHEREAS paragraph, as follows: WHEREAS House Bills 4012, 4013 and 4318 is are supported by the Michigan Association of Counties and the Michigan Economic Development Corporation (MEDC). 6. Amend the NOW THEREFORE BE IT RESOLVED paragraph, as follows: NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby supports the concept contained in House Bills 4012, 4013 and 4014 to amend Public Act 281 of 1986, entitled “The Local Development Financing Act,” Sections 4 and 16 (MCL 125.2154 and 125.2166), Section 4 as amended by 2000 Public Act 248; by inserting language that requires the mailing of notices to the county treasurer, clerk and chairperson of the board of commissioners by certified mail. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #05051 BY: Commissioner Sue Douglas, District #12 IN RE: BOARD OF COMMISSIONERS - SUPPORT FOR HOUSE BILL 4012 - TAX INCREMENT FINANCING AUTHORITIES MAILING NOTICE REQUIREMENTS TO COUNTIES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS House Bill 4012 proposes to amend Public Act 281 of 1986, entitled "The Local Development Financing Act," Sections 4 and 16 (MCL 125.2154 and 125.2166), Section 4 as amended by 2000 Public Act 248; and WHEREAS the Local Development Financing Act encourages local development to assist in preventing conditions of unemployment and by promoting economic growth. The Act provides for the establishment of local development finance authorities and prescribes their powers and duties; provides for the creation of a board to govern an authority and to prescribes its powers and duties; provides for the creation and implementation of development plans; authorizes the acquisition and disposal of interests in real and personal property; permits the issuance of bonds and other evidences of indebtedness by an authority; and authorizes and permits the use of tax increment financing; and Commissioners Minutes Continued. April 14, 2005 150 WHEREAS currently, the Local Development Financing Act requires that the governing body proposing the creation of an authority is to mail a hearing notice, at least 20 days prior to the hearing, to taxpayers of record in the proposed district and to the governing body of each taxing jurisdiction levying taxes that would be subject to capture; and WHEREAS House Bill 4012 adds language to the Local Development Financing Act to require that hearing notices be mailed "by certified mail to the Treasurer, Clerk, and Chairperson of the Board of Commissioners of the county in which the authority district or business district was proposed to be located;" and WHEREAS notices by certified mail would be required for hearings on creating a district and designating district boundaries, hearings on development plans and tax increments financing plans, or on amendments to such plans; and WHEREAS House Bill 4012's special notice provisions only apply to the notice to counties and not to the mailing to other taxing jurisdictions. The requirement would go into effect on June 1, 2005; and WHEREAS House Bill 4012 is supported by the Michigan Association of Counties and the Michigan Economic Development Corporation (MEDC). NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby supports the concept contained in House Bill 4012 to amend Public Act 281 of 1986, entitled "The Local Development Financing Act," Sections 4 and 16 (MCL 125.2154 and 125.2166), Section 4 as amended by 2000 Public Act 248; by inserting language that requires the mailing of notices to the County Treasurer, Clerk and Chairperson of the Board of Commissioners by certified mail. 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 House Committee on Commerce, 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. SUE ANN DOUGLAS, WILLIAM PATTERSON, ERIC WILSON, CHUCK MOSS, MICHAEL ROGERS, HUGH CRAWFORD, BILL BULLARD, JEFF POTTER, EILEEN KOWALL Moved by Patterson supported by Gregory the resolution be adopted. Moved by Patterson supported by Gregory the General Government Committee Report be accepted. A sufficient majority having voted therefore, the General Government Committee Report was accepted. Moved by Patterson supported by Gregory the resolution be amended to coincide with the recommendation in the General Government Committee Report. A sufficient majority having voted therefore, the amendment carried. Vote on resolution, as amended: AYES: Douglas, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Woodward, Zack, Bullard, Coleman, Coulter, Crawford. (22) NAYS: None. (0) A sufficient majority having voted therefore, the resolution, as amended, was adopted. Commissioners Minutes Continued. April 14, 2005 151 REPORT (MISC. #05069) BY: General Government Committee, William R. Patterson, Chairperson IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR HOUSE BILL 4546 CREATING A REGIONAL WATER AND SEWER DISTRICT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #05069 on April 4, 2005, reports with a recommendation that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #05069 BY: Commissioner Bill Bullard, Jr., District #2 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR HOUSE BILL 4546 CREATING A REGIONAL WATER AND SEWER DISTRICT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS a Michigan House Select Committee conducted an extensive study of the Detroit Water and Sewerage Department, including examining 13 municipal water systems across the country and based, in part, on those findings legislation is being proposed in the State of Michigan to establish a regional water and sewer district and a regional board that represents an eight county area; and WHEREAS currently the Detroit Water Board is composed of seven members, appointed by the Mayor of the City of Detroit, that includes four Detroit representatives and one member each from Oakland, Wayne and Macomb Counties; and WHEREAS the Detroit Water and Sewerage Department serves 125 suburban communities in eight counties, with more than 75% of its 4.3 million water customers residing outside of Detroit; and WHEREAS House Bill 4546, introduced by Rep. Shelley Goodman Taub, provides that the City of Detroit would continue to own the system and receive the revenue, but that the governing board would have fair and equitable representation from throughout the regional water and sewer system - in approximate proportion to the number of customers served; and WHEREAS as proposed, the membership of the 13 member regional water and sewerage board would consist of: the mayor of a qualified city (based on ownership of a regional water system) and the elected drain commissioner, public works commissioner, or appointed environment department director from each county served, or their designees - in an effort to ensure that professionals in the field would be participating in the decisions about water rates and contracts; and WHEREAS under the proposed legislation, each qualified city and each county by resolution may appoint one (1) additional representative to the regional board for each additional increment of 400,000 in population served. Each county or qualified city shall have at least one (1) member on the regional board; and WHEREAS based on the current number of customers, the proposed regional board would have three (3) representatives from Wayne County, two (2) from Oakland County, two (2) from Macomb County, one (1) from the City of Detroit, and one (1) each from the Counties of Monroe, St. Clair, Genesee, Washtenaw and Lapeer; and WHEREAS as proposed, the regional water and sewer district shall administer, control and supervise the regional system. A qualified city shall retain ownership of the regional system and all rights and title. A qualified city may transfer ownership of the regional system to the district; and WHEREAS a regional water and sewer district, with a regional board that provides fair and equitable representation for all of the consumers within the regional, would provide a governance structure that is accountable to all of the rate payers within the region. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners support the concept of House Bill 4546 to create a regional water and sewer district with a 13 member regional board representing an eight (8) county area and urges the Michigan Legislature to enact such legislation and the Governor to approve it. BE IT FURTHER RESOLVED that copies of this adopted resolution be forwarded to the Governor of the State of Michigan, the Oakland County delegation to the state legislature, Representative Shelley Commissioners Minutes Continued. April 14, 2005 152 Goodman Taub, Senator Laura Toy, the Mayor of the City of Detroit, the Michigan Association of Counties, the Michigan Municipal League and Oakland County’s legislative lobbyists. Chairperson, I move the adoption of the foregoing resolution. BILL BULLARD, HUGH CRAWFORD, JOHN SCOTT, CHRISTINE LONG, THOMAS MIDDLETON, GREG JAMIAN, JEFF POTTER, EILEEN KOWALL, SUE ANN DOUGLAS, ERIC WILSON, WILLIAM MOLNAR, WILLIAM PATTERSON Moved by Patterson supported by Molnar the resolution be adopted. Moved by Patterson supported by Hatchett the General Government Committee Report be accepted. A sufficient majority having voted therefore, the General Government Committee Report was accepted. Discussion followed. Vice Chairperson Hugh Crawford presided as Chairperson of the meeting, while Chairperson Bill Bullard addressed the Board with his views in support for Miscellaneous Resolution #05069 - House Bill 4546 Creating a Regional Water and Sewer District. Vote on resolution: AYES: Jamian, Kowall, Long, Middleton, Molnar, Moss, Palmer, Patterson, Potter, Rogers, Scott, Bullard, Crawford, Douglas. (14) NAYS: Gregory, Hatchett, Melton, Suarez, Woodward, Zack, Coleman, Coulter. (8) A sufficient majority having voted therefore, the resolution was adopted. REPORT (MISC. #05048) BY: Personnel Committee, Gregory C. Jamian, Chairperson IN RE: BOARD OF COMMISSIONERS - PERSONNEL APPEAL BOARD UPDATES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed Miscellaneous Resolution #05048 on April 6, 2005, reports to the Board with the recommendation the resolution be adopted with an amendment to add the name "John Scott, District #5" to the BY line of the resolution. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION #05048 BY: Commissioners Tim Melton, Christine Long IN RE: BOARD OF COMMISSIONERS - PERSONNEL APPEAL BOARD UPDATES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the adopted Oakland County Merit System Rules and Miscellaneous Resolution #4606 provides that "the Personnel Appeal Board shall act as the final County appeal body in matters of dismissals, suspensions, demotions, and disciplinary actions involving covered County employees and departments"; and WHEREAS the appeal process is to provide for the scheduling of a hearing within a reasonable length of time after the receipt of the appeal; and WHEREAS it has been reported that there is a backlog of appeal cases to be scheduled for a hearing before the Personnel Appeal Board; and WHEREAS the Human Resources Department has indicated that additional hearing dates will be scheduled in an effort to address the backlog of cases before the Personnel Appeal Board. Commissioners Minutes Continued. April 14, 2005 153 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby requests the Human Resources Department to provide monthly reports to the Personnel Committee on the number of cases pending before the Personnel Appeal Board; how many sessions were held in the prior month; how many cases were heard; and for each case that was heard and/or is pending - the date the request for a hearing was initially received. Chairperson, we move the adoption of the foregoing resolution. TIM MELTON, CHRISTINE LONG, MARCIA GERSHENSON, JIM NASH, ERIC COLEMAN, HELAINE ZACK, DAVID COULTER, VINCENT GREGORY, MATTIE HATCHETT, SUE ANN DOUGLAS, BILL BULLARD, JOHN SCOTT, WILLIAM PATTERSON, ERIC WILSON, HUGH CRAWFORD, MICHAEL ROGERS, CHUCK MOSS, WILLIAM MOLNAR, EILEEN KOWALL Moved by Jamian supported by Suarez the resolution be adopted. Moved by Jamian supported by Suarez the Personnel Committee Report be accepted. A sufficient majority having voted therefore the Personnel Committee Report was accepted. Moved by Jamian supported by Suarez the resolution be amended to coincide with the recommendation in the Personnel Committee Report. A sufficient majority having voted therefore, the amendment carried. Vote on resolution, as amended: AYES: Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Woodward, Zack, Bullard, Coleman, Coulter, Crawford, Douglas, Gregory. (22) NAYS: None. (0) A sufficient majority having voted therefore, the resolution, as amended, was adopted. MISCELLANEOUS RESOLUTION #05073 BY: Personnel Committee, Gregory Jamian, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT – FISCAL YEAR 2005-2007 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY TEAMSTERS LOCAL 214 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland and the Teamsters Local 214, have been negotiating a contract covering approximately 19 General Staff Nurses; and WHEREAS a 3–year agreement has been reached for the period October 1, 2004, through September 30, 2007, and said agreement has been reduced to writing; and WHEREAS this agreement provides for a 3% increase for Fiscal Year 2005; the same increase as the general non-represented employees for Fiscal Year 2006; and a wage re-opener for Fiscal Year 2007; and WHEREAS this agreement provides for a $1,000 retention bonus with the signing of this agreement for employees hired prior to January 1, 2005; a $1,000 retention bonus for Fiscal Year 2006 for employees hired prior to January 1, 2005; a $500 retention bonus for Fiscal Year 2007 for employees hired prior to January 1, 2005; and WHEREAS additionally, this agreement provides for any benefit modifications implemented for general, non-represented employees during Fiscal Year 2006 will be applied to this group at the same time and in the same manner, and provides for a benefit re-opener for Fiscal Year 2007; and WHEREAS the agreement has been reviewed by your Personnel Committee, which recommends approval of the agreement. Commissioners Minutes Continued. April 14, 2005 154 NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the proposed agreement between the County of Oakland and the Teamsters Local 214, covering the period of October 1, 2004, through September 30, 2007, and that the Board Chairperson on behalf of the County of Oakland, is authorized to execute said agreement as attached. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE Copy of Summary of Agreement between the County of Oakland and Teamsters Local 214 (Jail Health Program Nurses), Oakland County and Teamsters, State, County, and Municipal Workers Local 214 (Jail Health Program Nurses) Collective Bargaining Agreement 2004-2007, and Appendix A and B on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #05074 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DRAIN COMMISSIONER - RESOLUTION TO ESTABLISH OAKLAND COUNTY OXFORD TOWNSHIP WATER SUPPLY SYSTEM AND AUTHORIZE OAKLAND COUNTY OXFORD TOWNSHIP WATER SUPPLY SYSTEM CONTRACT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Charter Township of Oxford (the "Township") is in urgent need of a water supply system and facilities constituting a part of the system as described in the form of the proposed contract hereinafter mentioned, in order to promote the health and welfare of the residents thereof, which water supply facilities and system also would benefit the County and its residents, and the parties to said proposed contract have concluded that such facilities can be provided and financed most economically and efficiently by the County through the exercise of the powers conferred by Act 342, Public Acts of Michigan, 1939, as amended ("Act 342"), and especially Sections 5a, 5b and 5c thereof; and WHEREAS by the terms of Act 342, the County and the Township are authorized to enter into a contract for the acquisition, construction and financing of the water supply system facilities to serve the Township and for the payment of the cost thereof by the Township, with interest, and the County is then authorized to issue its bonds in one or more series to provide the funds necessary therefore; and WHEREAS there has been submitted to this Board of Commissioners a proposed contract between the County, by and through the County Drain Commissioner, County Agency, party of the first part, and the Township, party of the second part (the "Contract"), which Contract provides for the acquisition, construction and financing of the water supply system facilities and which Contract is hereinafter set forth in full; and WHEREAS Oakland County Department of Corporation Counsel has reviewed and approved the Contract; and WHEREAS, there have also been submitted for approval and adoption by this Board of Commissioners, preliminary plans, specifications and estimates of the cost and period of usefulness of the water supply system facilities; and WHEREAS this Board of Commissioners desires to establish the water supply system and to proceed with the water supply system facilities and the approval and execution of the Contract to acquire, construct and finance the water supply system facilities as provided in the Contract. NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of Oakland County, Michigan, as follows: 1. APPROVAL OF PROJECT AND DESIGNATION OF COUNTY AGENCY. This Board of Commissioners by majority vote of its members-elect does hereby approve, under and pursuant to Act 342, the establishment of the Oakland County Oxford Township Water Supply System (the "System"), which shall consist of (i) water supply system facilities, as specified and to be located as shown in Exhibit A to the Contract (the "Project") and (ii) the services provided thereby; that the Project and the System shall serve the Township; that the Oakland County Drain Commissioner is hereby designated and appointed as the "County Agency" for the Project and the System; that the County Agency shall have all the powers and duties with respect to the Project and the System as are provided by law Commissioners Minutes Continued. April 14, 2005 155 and especially by Act 342; and that all obligations incurred by the County Agency with respect to the Project and the System, unless otherwise authorized by this Board of Commissioners, shall be payable solely from funds derived from the Township as hereinafter provided. 2. PLANS AND SPECIFICATIONS – ESTIMATES OF PERIOD OF USEFULNESS AND COST. The preliminary plans and specifications for the Project and the estimates of $17,725,000 as the cost thereof and of 30 years and upwards as the period of usefulness thereof, as submitted to this Board of Commissioners, are hereby approved and adopted. 3. APPROVAL OF CONTRACT. The Oakland County Oxford Township Water Supply System Contract between the County, by and through the County Drain Commissioner, party of the first part, and the Township, party of the second part, which Contract has been submitted to this Board of Commissioners, is hereby approved and adopted, and the County Drain Commissioner is hereby authorized and directed to execute and deliver the same for and on behalf of the County, in as many counterparts as may be deemed advisable. The Contract reads as follows: 4. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions insofar as they may be in conflict herewith are rescinded. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Oakland County Oxford Township Water Supply System Contract, and Exhibits “A” and “B” on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #05075 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - APPROVAL AND ACCEPTANCE OF LEASE AGREEMENT WITH WHITE OAKS PROPERTIES FOR USE OF OFFICE SPACE AT 2805 PONTIAC LAKE ROAD, WATERFORD, MICHIGAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Department of Risk Management is presently housed in leased office space at 2805 Pontiac Lake Road, Waterford, Michigan; and WHEREAS the Department of Risk Management is scheduled to be relocated to Oakland County Building 41 West in approximately eighteen months or upon completion of renovations; and WHEREAS under the terms and conditions of the attached Lease Agreement, the Department of Risk Management will continue to occupy approximately 2,203-sf of office space on the second floor of the premises for a period of eighteen months at the present rental rate of $2,937.33 per month or $35,248 per year; and WHEREAS it is the recommendation of the Department of the Facilities Management that the Oakland County Board of Commissioners accept and approve the terms and conditions of the attached Lease Agreement; and WHEREAS the Departments of Facilities Management 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 for use of office space at 2805 Pontiac Lake Road, Waterford, Michigan between the County of Oakland and White Oaks Properties. BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs it’s Chairperson or his designee to execute the attached Lease Agreement and all other related documents between the County of Oakland and White Oaks Properties, 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. Commissioners Minutes Continued. April 14, 2005 156 The Chairperson referred the resolution to the Finance Committee. There were no objections. REPORT (MISC. #05052) BY: Public Services Committee, Jeff Potter, Chairperson IN RE: RECOGNITION OF NATIONAL CORRECTIONS OFFICER WEEK – MAY 1-7, 2005 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Public Services Committee, having reviewed Miscellaneous Resolution #05052 on April 5, 2005, reports with a recommendation that the resolution be amended, as follows: 1. Amend the title of the resolution, as follows: Miscellaneous Resolution #05052 – BOARD OF COMMISSIONERS – RECOGNITION OF NATIONAL CORRECTIONS OFFICER WEEK – MAY 1-7, 2005 2. Amend the 1st WHEREAS paragraph, as follows: WHEREAS according to the U.S. Bureau of Justice Statistic Bulletin, published in May 2004, at midyear 2003, 691,301 inmates were housed in the nation’s local jails, and on average the female jail population has grown 6.4% annually in the past 10 years while the mail inmate population has grown 3.9%; and 3. Amend the 2nd WHEREAS paragraph, as follows: WHEREAS the Oakland County Sheriff’s Office Corrections’ Divisions housed a daily average of 1,846 inmates in 2004, plus 145 inmates out-county per day; and 4. Amend the 3rd WHEREAS paragraph, as follows: WHEREAS last year over 26,000 persons were admitted into the Oakland County jail facilities including juveniles, mentally ill, persons awaiting trial, persons pending arraignment, protective custody cases, infirm, persons awaiting transfer to State, Federal or other jurisdictions, and sentenced; and 5. Amend the signature line, as follows: Commissioner Jeff Potter, District #8 Chairperson, on behalf of the Public Services Committee, I move acceptance of the foregoing report. PUBLIC SERVICES COMMITTEE MISCELLANEOUS RESOLUTION #05052 BY: Commissioner Jeff Potter - District # 8 IN RE: RECOGNITION OF NATIONAL CORRECTIONS OFFICER WEEK – MAY 1-7, 2005 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS according to U.S. Bureau of Justice Statistic Bulletin, published in May 2004, at midyear 2003, 691,301 inmates were housed in the nation's local jails and on average the female jail population has grown 6.4% annually in the past 10 years while the male inmate population has grown 3.9%; and WHEREAS the Oakland County Sheriff’s Office Corrections' Divisions housed a daily average of 1,846 inmates in 2004, plus 145 inmate out-county per day; and WHEREAS last year over 26,000 persons were admitted into the Oakland County jail facilities including juveniles, mentally ill, persons awaiting trial, persons pending arraignment, protective custody cases, infirm, persons awaiting transfer to State, Federal or other jurisdictions, sentenced; and WHEREAS the Oakland County Sheriff’s Office Corrections Deputies are responsible for overall inmate supervision to ensure safe, secure and orderly facility operations, intake and release of all persons, identification of special needs and classification of all inmates, inmate and professional visitation, inmate transport and Court security; and WHEREAS the Oakland County Sheriff's Office Corrections' Divisions are recognized as innovative, professional and able to operate a very complex and crowded set of multiple facilities, transport and coordinate an enormous number of inmate movements on a daily basis with a minimal number of staff/inmate injuries or escapes; and WHEREAS the week of May 1-7, 2005, has been designated as National Corrections Officer Week. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby acknowledge the hard work and dedication of the Oakland County Sheriff's Office Corrections' Deputies and the special contribution they make to ensure the public safety of all citizens in Oakland County. Commissioners Minutes Continued. April 14, 2005 157 BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners does hereby honor all the Corrections' Deputies of the Oakland County Sheriff's Office for their unique skills and abilities and devotion to duty and pronounce a special thanks to all those Deputies on behalf of the citizens of Oakland County. Chairperson, I move adoption of the foregoing resolution. JEFF POTTER, JOHN SCOTT, HUGH CRAWFORD, CHRISTINE LONG, THOMAS MIDDLETON, EILEEN KOWALL, WILLIAM MOLNAR, CHUCK MOSS, SUE ANN DOUGLAS, ERIC WILSON, WILLIAM PATTERSON, CHARLES PALMER, JIM NASH, GEORGE SUAREZ, MATTIE HATCHETT, ERIC COLEMAN, VINCENT GREGORY, DAVID WOODWARD The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #05076 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: COUNTY EXECUTIVE – EMERGENCY RESPONSE AND PREPAREDNESS – AUTHORIZATION TO INCREASE FLEET AND APPROPRIATE FUNDS FOR EMERGENCY RESPONSE AND PREPAREDNESS FISCAL YEAR 2005 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County’s emergency management functions are mandated by the Michigan Emergency Management Act (Public Act 50 of 1990), to provide for the coordination of all matters pertaining to emergency services, disaster preparedness, and recovery assistance within the County; and WHEREAS the terrorist incidents occurring in New York and Pennsylvania and at the Pentagon on September 11, 2001, has caused the county to review the Emergency Response and Preparedness program and bolster the County’s activities in this critical area; and WHEREAS the Emergency Response and Preparedness Unit was established in October, 2001, and has acted to improve overall response and recovery efforts for weapons of mass destruction, chemical, biological, radiological, nuclear, explosive (CBRNE) event; and WHEREAS numerous tasks and action steps have been undertaken before and since September 11, 2001 to oversee the aforementioned functions; and WHEREAS in order to achieve a higher preparedness and response posture, additional equipment, projects, and other activities such as an emergency response vehicle, EOC communications and technology equipment, first responder information and promotional training, siren maintenance and battery replacements, and other disaster response supplies are necessary. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the appropriation of $165,200 from Designated Fund Balance to Emergency Response and Preparedness Fiscal Year 2005 Budget. BE IT FURTHER RESOLVED that one emergency response vehicle be added to the county fleet. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. Commissioners Minutes Continued. April 14, 2005 158 MISCELLANEOUS RESOLUTION #05077 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE - USE OF FORFEITED FUNDS FOR EQUIPMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Section 333.7524 of Public Act 368 of 1978 authorizes courts to distribute property and funds forfeited through narcotic seizures to participating agencies to be utilized toward the enhancement of law enforcement efforts related to the Controlled Substances Act; and WHEREAS the courts have distributed $1,022,376.65 (balance as of 3/23/05) as a result of Sheriff's Office forfeiture efforts; and WHEREAS the Sheriff is requesting that a portion of these funds be used to pay for equipment; and WHEREAS this equipment will be used by the Sheriff's Office to enhance law enforcement efforts in compliance with state law; and WHEREAS the estimated expenses are $450,000. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the use of $450,000 from the Sheriff Department Law Enforcement Enhancement Account (#101-43-223101- 20001-2853-60053) to purchase the attached equipment. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Sheriff's Office Use of Forfeited Funds 4/5/05 on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #05078 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF’S OFFICE – CONTRACT FOR POLICE AND FIRE DISPATCH SERVICES FOR THE CITY OF WIXOM FOR 2005-2010 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is the policy of the Oakland County Board of Commissioners to permit the Sheriff’s Office to enter into contractual agreements for the purpose of Police and Fire Dispatch services; and WHEREAS at the request of the City of Wixom the Sheriff’s Office has been dispatching police and fire calls for the City of Wixom Police and Fire Departments; and WHEREAS Miscellaneous Resolution #00192 established dispatch contract and rates through the June 30, 2005; and WHEREAS the Sheriff’s Office, along with the Department of Management and Budget, is recommending dispatching services per the attached contract between the County of Oakland and the City of Wixom; and WHEREAS Corporation Counsel has approved the attached contract. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board to enter into the attached Police and Fire Dispatch Agreement with the City of Wixom. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Police and Fire Dispatch Service(s) Agreement between the County of Oakland and the City of Wixom on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. Commissioners Minutes Continued. April 14, 2005 159 MISCELLANEOUS RESOLUTION #05079 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE - USE OF FORFEITED FUNDS FOR ADDITIONS TO THE CANINE UNIT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Section 333.7524 of Public Act 368 of 1978 authorizes courts to distribute property and funds forfeited through narcotic seizures to participating agencies to be utilized toward the enhancement of law enforcement efforts related to the Controlled Substances Act; and WHEREAS the courts have distributed $1,022,376.65 (balance as of 3/23/05) as a result of Sheriff's Office forfeiture efforts; and WHEREAS the Sheriff is requesting that a portion of these funds be used to pay for the purchase of five (5) trained canine dogs and equipment; and WHEREAS these dogs and equipment will be used by the Sheriff's Office to enhance law enforcement efforts in compliance with state law; and WHEREAS one of the canines will be assigned specifically to Corrections, and the other four will be assigned to existing patrol contracts; and WHEREAS the estimated expenses are $117,600. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the use of $117,600 from the Sheriff Department Law Enforcement Enhancement Account (#101-43-223101- 20001-2853-60053) to purchase the attached equipment. BE IT FURTHER RESOLVED that one (1) marked patrol vehicle with MDC, video camera, mobile and prep radio be added to the County fleet. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Sheriff's Office Use of Forfeited Funds 4/5/05 on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #05080 BY: Commissioners Helaine Zack, Marcia Gershenson, Bill Bullard, Jr. IN RE: BOARD OF COMMISSIONERS - HOLOCAUST REMEMBRANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the history of the Holocaust offers an opportunity to reflect upon the moral responsibilities of individuals, societies and governments; and WHEREAS the Holocaust was the state-sponsored, systematic persecution and annihilation of European Jews by Nazi Germany and its collaborators between 1933 and 1945; and WHEREAS in addition to the murder of approximately 6 million Jews, millions more, including Poles, Gypsies, Slavs, people with physical disabilities, homosexuals, Jehovah's Witnesses, prisoners of war, dissenting clergy and political dissidents, also suffered grievous oppression and death under Nazi tyranny; and WHEREAS a key date in the history of the Holocaust is April 19, 1943, the beginning of the Warsaw ghetto uprising, when Jews resisted death camp deportation by the Nazis for 27 days; and WHEREAS this date, which in the Hebrew calendar is the twenty-seventh day of Nisan, has been established in 1980 by the United States Congress as the National Holocaust Remembrance Day, and the week surrounding this date has been established as the Days of Remembrance; and WHEREAS Holocaust Remembrance Day is a day that has been set aside for remembering the victims of the Holocaust and for reminding Americans and the world of what can happen to civilized people when bigotry, hatred, indifference and intolerance are allowed to fester and grow; and WHEREAS we remember with sadness the millions of victims of the Holocaust. We remember with admiration the resistors, known and unknown, who risked and lost their lives to save others. We remember those who died for who they were, how they worshiped, what they believed and who they loved; and Commissioners Minutes Continued. April 14, 2005 160 WHEREAS we remember and honor the survivors of the Holocaust who are living testaments - preserving our shared history of anguish, courage and hope - to keep it vivid and real, so that racism, hatred, persecution and prejudice can never again reign; and WHEREAS as we remember the genocide and persecutions of far too many others - both preceding and since the Holocaust - the lessons of the Holocaust must never be lost as we continue to dedicate ourselves to preserving the spirit of freedom and justice for all. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby joins with a worldwide chorus of hope and activism to say, "Never again" as we observe the Holocaust Remembrance. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners applauds the leadership of the Honorable Edward Sosnick, his judicial colleagues, lawyers, public officials and other sponsoring groups in presenting "Examining the Rule of Law: Lessons from the Holocaust for America Today". BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners encourages individuals, educational institutions, and social, community, religious, labor and business organizations to remember what can happen when bigotry, indifference and hatred are tolerated in a civilized society. When we remember and memorialize the past, we can actively uphold the principles of individual freedom as we face the challenges of tomorrow. Chairperson, we move the adoption of the foregoing resolution. HELAINE ZACK, GREG JAMIAN, BILL BULLARD, JR., DAVID COULTER, VINCENT GREGORY, GEORGE SUAREZ, TIM MELTON, MATTIE HATCHETT, ERIC COLEMAN, CHUCK MOSS, HUGH CRAWFORD, JOHN SCOTT, CHRISTINE LONG, THOMAS MIDDLETON, SUE ANN DOUGLAS, JEFF POTTER, MICHAEL ROGERS, EILEEN KOWALL, CHARLES PALMER, WILLIAM PATTERSON, WILLIAM MOLNAR, DAVID WOODWARD The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #05081 BY: Commissioner Eric Coleman, District #23 IN RE: BOARD OF COMMISSIONERS - OAKLAND COUNTY CLEAN INDOOR AIR REGULATION ELIMINATING SMOKING IN PUBLIC AND PRIVATE WORKSITES AND PUBLIC PLACES, NOT INCLUDING BARS AND RESTAURANTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the U.S. Environmental Protection Agency (EPA) finds that environmental tobacco smoke is a Group A Carcinogen - a category reserved for known cancer-causing agents in humans; and WHEREAS numerous studies have found that tobacco smoke is a major contributor to indoor air pollution, and that breathing secondhand smoke is a cause of disease in healthy nonsmokers, including heart disease, stroke, respiratory disease and lung cancer; and WHEREAS the National Institute for Occupational Safety and Health (NIOSH) finds that secondhand smoke poses an increased risk of lung cancer and possibly heart disease in people exposed to secondhand smoke, and finds that non-smokers can be protected by the elimination of smoking in buildings; and WHEREAS children exposed to secondhand smoke have an increased risk of asthma, respiratory infections, sudden infant death syndrome, developmental abnormalities and cancer; and WHEREAS secondhand smoke is particularly hazardous to elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive disease; and WHEREAS secondhand smoke contains over 4,000 chemicals, 43 of which are cancerous, killing over 53,000 non-smokers every year; and Commissioners Minutes Continued. April 14, 2005 161 WHEREAS recognizing the health dangers of secondhand smoke, Oakland County, along with many other businesses and units of government in Oakland County have implemented restrictions on smoking in their worksites; and WHEREAS the Oakland County Board of Commissioners recognizes the imperative obligation to protect the public health and welfare by prohibiting smoking in public places and places of employment and to guarantee the right of non-smokers to breathe smoke-free air; and WHEREAS the Oakland County Board of Commissioners recognizes that the need to breathe smoke-free air shall have priority over the desire to smoke. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby prohibit smoking in all private work sites and public places in Oakland County, but not including bars and food service establishments. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners does hereby approve the Oakland County Clean Indoor Air Regulation eliminating smoking in private worksites and public places, effective ninety (90) days from the date of adoption, as attached hereto and made a part hereof. Chairperson, we move the adoption of the foregoing resolution. ERIC COLEMAN, JIM NASH, HELAINE ZACK, DAVID WOODWARD, VINCENT GREGORY, TIM MELTON, GEORGE SUAREZ, MATTIE HATCHETT Copy of Oakland County Regulation Eliminating Smoking in Public and Private Worksites and Public Places, Not Including Bars and Restaurants on file in County Clerk’s office. The Chairperson referred the resolution to the General Government Committee. There were no objections. The Board adjourned at 10:28 a.m. to the call of the Chair or April 28, 2005, at 9:30 a.m. RUTH JOHNSON BILL BULLARD, JR. Clerk Chairperson