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HomeMy WebLinkAboutMinutes - 2005.04.28 - 8367162 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES April 28, 2005 Meeting called to order by Chairperson Bill Bullard, Jr. at 9:30 a.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Bullard, Coleman, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Scott, Suarez, Wilson, Woodward, Zack. (24) EXCUSED ABSENCE WITH NOTICE: Rogers. (1) Quorum present. Invocation given by Vincent Gregory. Pledge of Allegiance to the Flag. Chairperson Bill Bullard welcomed the students in attendance from various schools in Oakland County in recognition of the 25th Anniversary of Youth in Government Day. Moved by Douglas supported by Suarez the minutes of the April 14, 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, Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Scott, Suarez, Wilson, Woodward, Zack. (24) NAYS: None. (0) A sufficient majority having voted therefore, the agenda was approved as printed. Commissioners Minutes Continued. April 28, 2005 163 Deputy Clerk/Register of Deeds James VanLeuven read a communication from County Executive L. Brooks Patterson re-appointing Theodore Dziurman as a Director of the Economic Development Corporation for a six year term ending May 2011. Moved by Kowall supported by Patterson the appointment be confirmed. Vote on appointment: AYES: Coleman, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Scott, Suarez, Wilson, Woodward, Zack, Bullard. (24) NAYS: None. (0) A sufficient majority having voted therefore, the appointment of Theodore Dziurman as a Director of the Economic Development Corporation for a six year term ending May 2011 was confirmed. Commissioner Helaine Zack presented a proclamation commending Planned Parenthood of Southeast Michigan for its extraordinary efforts over the years. Commissioner William R. Patterson presented a resolution recognizing the 25th Anniversary of Youth in Government Day and Celebrating National County Government Week. Chairperson Bill Bullard declared the resolution adopted. Moved by Crawford supported by Melton the resolutions on the Consent Agenda be adopted and the report be confirmed. (The vote for this motion appears on page 173.) The resolutions on the Consent Agenda follow (annotated by an asterisk {*}): *MISCELLANEOUS RESOLUTION #05082 BY: General Government Committee, William R. Patterson, Chairperson IN RE: DEPARTMENT OF CENTRAL SERVICES – OAKLAND COUNTY INTERNATIONAL AIRPORT – 2005 GRANT PROGRAM ACCEPTANCE – AIRCRAFT RESCUE FIRE FIGHTING (ARFF) TRAINING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is in receipt of Michigan Department of Transportation Grant Contract No. 2005-0182, for State funds in the amount of $5,500.00 for the development and improvement of Oakland County International Airport; and WHEREAS the project consists of aircraft rescue and fire fighting (ARFF) training through Kellogg Community College using the mobile fire training unit owned by MDOT-Bureau of Aeronautics; and WHEREAS the Michigan Department of Transportation shall act as agent on behalf of the County in the administration of the project; and WHEREAS the Airport Committee has reviewed the project and recommends acceptance of the grant contract; and WHEREAS the attached contract has been approved in accordance with the County Executive's review process; and WHEREAS no application was requested from Oakland County; therefore the application provisions of Miscellaneous Resolution #95098, do not apply. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the grant contract in an amount not to exceed $5,500.00. BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners is authorized to execute the grant contract. On behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Grant Review – Central Services/Airport, Michigan Department of Transportation County of Oakland Contract for Aircraft Rescue and Firefighting Training, and Appendix A and B on file in County Clerk’s office. Commissioners Minutes Continued. April 28, 2005 164 FISCAL NOTE (MISC. #05082) BY: Finance Committee, Chuck Moss, Chairperson IN RE: DEPARTMENT OF CENTRAL SERVICES - OAKLAND COUNTY INTERNATIONAL AIRPORT - 2005 GRANT PROGRAM ACCEPTANCE - AIRCRAFT RESCUE FIRE FIGHTING (ARFF) TRAINING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Oakland County has received Michigan Department of Transportation Grant No. 2005- 0182, for State funds in the amount of $5,500.00 for Oakland County International Airport. The project is for aircraft rescue and fire fighting (ARFF) training through Kellogg Community College using the mobile fire training unit owned by MDOT-Bureau of Aeronautics. 2. The funding period of the grant is 36 months from the date of the award. 3. The Michigan Department of Transportation shall act as agent on behalf of the County in the administration of the project. 4. The total cost of training will be shared. The grant will be applied to the eligible training cost at a rate of ninety percent (90%) of college invoice not to exceed $5,500. The Airport Fund resources will cover any remaining training costs, which will be determined at the time of the financial closure. 5. No General Fund appropriation is required. 6. No budget amendment is necessary. FINANCE COMMITTEE (The vote for this motion appears on page 173.) *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. 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 Commissioners Minutes Continued. April 28, 2005 165 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. FISCAL NOTE (MISC. #05073) BY: Finance Committee, Chuck Moss, 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: 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 General Staff Nurses represented by Teamsters Local 214 (approximately 19 employees) have reached an agreement regarding wages and benefits for Fiscal Years 2005-2007. 2. The agreement includes a 3% wage increase for Fiscal Year 2005, totaling $46,036. The agreement also provides for a $1,000 retention bonus for employees hired prior to January 1, 2005. This benefit applies to 15 employees for a total of $15,000. The total additional cost for wages and bonuses in Fiscal Year 2005 is $61,036. 3. For Fiscal Year 2006, the agreement provides for the same increase as the general non- represented employees. The agreement also provides for a $1,000 retention bonus for employees hired prior to January 1, 2005. 4. For Fiscal Year 2007, a wage re-opener will occur. The agreement provides for a $500 retention bonus for employees hired prior to January 1, 2005. 5. Funds to cover the wage increase for Fiscal Year 2005 are included in the adopted budget. Sufficient favorability exists in the current budget due to turnover to cover the cost of the retention bonuses. The funds necessary to cover the wage increases and bonuses in Fiscal Year 2006 and Fiscal Year 2007 will be included in the County Executive Recommended Budget. An amendment to the Fiscal Year 2005 budget is not required. FINANCE COMMITTEE (The vote for this motion appears on page 173.) *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 therefor; 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, Commissioners Minutes Continued. April 28, 2005 166 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 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. FISCAL NOTE (MISC. #05074) BY: Finance Committee, Chuck Moss, 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: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced Commissioners Minutes Continued. April 28, 2005 167 resolution and finds: 1. This resolution establishes the Oakland County Oxford Township Water Supply System and authorizes the contract for Oakland County to proceed with the Project for Oxford Township. 2. The Project can be 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”). 3. The Project consists of constructing an urgently needed water supply system with facilities constituting part of the system that will promote the public health and welfare of the residents. 4. The estimated cost of the project is $17,725,000 with a useful life of 30 years. 5. The Charter Township of Oxford shall pay Oakland County for the entire cost of the Project not defrayed by grants or other funds that may become available. 6. A separate resolution will be forthcoming requesting approval of the issuance of the Bonds and Oakland County’s full faith and credit on the Bonds. 7. No County general funds shall be appropriated to this Project. FINANCE COMMITTEE (The vote for this motion appears on page 173.) *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 its 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 28, 2005 168 FISCAL NOTE (MISC. #05075) BY: Finance Committee, Chuck Moss, 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: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: 1. The Department of Risk Management plans to relocate to Oakland County Building 41 West in approximately eighteen months. 2. The Department of Risk Management will continue to occupy the office space located at 2805 Pontiac Lake Road on the second floor of the premises until the renovations at Oakland County Building 41 have been completed. 3. The lease agreement stipulates a rental rate of $2,937.33 per month or $35,248 per year during Risk Management's occupancy from May 1, 2005, through October 31, 2006. 4. No budget amendment is needed for Fiscal Year 2005. 5. Fiscal Year 2006 and Fiscal Year 2007 County Executive Recommended Budget will reflect adjustment of transferring funds from Contractual Rent line-item to Internal Service Building Space line-item for the remainder of the eighteen months. FINANCE COMMITTEE (The vote for this motion appears on page 173.) *MISCELLANEOUS RESOLUTION #05083 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: WASTE RESOURCE MANAGEMENT DIVISION – 2005 INTERLOCAL AGREEMENT FOR THE NORTH OAKLAND HOUSEHOLD HAZARDOUS WASTE CONSORTIUM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County and its northern municipalities are committed to protection of the natural environment and preventing toxic materials from entering our waterways and landfill resources; and WHEREAS the improper handling and disposal of toxic and poisonous household chemicals poses a health risk to our citizens; and WHEREAS recognizing there is a need to provide regular and easily accessible household hazardous waste collection services to North Oakland residents; and WHEREAS collection events for household hazardous waste are widely accepted as the best way to provide citizens with a safe way to dispose of these toxic and poisonous household chemicals, meet Phase II Stormwater Protection requirements, encourage pollution prevention and enhance environmental health and safety in the home; and WHEREAS Oakland County, through its Waste Resource Management Division has facilitated the creation of the North Oakland Household Hazardous Waste Consortium (NO HAZ); and WHEREAS participating municipalities in North Oakland County have appointed an official representative to the NO HAZ Consortium Board; and WHEREAS the NO HAZ Consortium has developed a household hazardous waste collection program; and WHEREAS the municipalities recognize and agree that absent an agreement with the County, the County has no obligation to facilitate such a program; and WHEREAS the County’s Corporation Counsel has reviewed and approved an Interlocal Agreement between the County and a number of municipalities in North Oakland County for the creation of a program to collect household hazardous waste; and WHEREAS the following municipalities have approved the Interlocal Agreement: Brandon Township, Commerce Township, Groveland Township. City of Orchard Lake, City of Pontiac, City of Rochester, City of Rochester Hills, City of Sylvan Lake, Waterford Township, White Lake Township; and WHEREAS the Interlocal Agreement is being considered by City of Keego Harbor; and Commissioners Minutes Continued. April 28, 2005 169 WHEREAS the Interlocal Agreement requires participating municipalities to fully reimburse the County for all costs it incurs in connection with the NO HAZ program. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached Interlocal Agreement and authorizes the Chairperson of the Board of Commissioners to sign the Agreement with all municipalities who have signed the Interlocal Agreement and passed a resolution in support thereof. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of North Oakland County Household Hazardous Waste Interlocal Agreement between Oakland County and Brandon Township, Commerce Township, Groveland Township, City of Orchard Lake, City of Pontiac, City of Rochester, City of Rochester Hills, City of Sylvan Lake, Waterford Township, White Lake Township, and Exhibit A and B on file in County Clerk's office. (The vote for this motion appears on page 173.) *REPORT BY: Planning and Building Committee, Charles Palmer, Chairperson IN RE: OAKLAND COUNTY DRAIN COMMISSIONER ANNUAL REPORT 2004 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Planning and Building Committee having reviewed the Oakland County Drain Commissioner Annual Report on April 19, 2005, Reports with the recommendation the Board of Commissioners accept the attached 2004 Annual Report. Chairperson, on behalf of the Planning and Building Committee, I move the acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE Copy of 2004 Annual Report Oakland County Office of the Drain Commissioner on file in County Clerk’s office. (The vote for this motion appears on page 173.) *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 Commissioners Minutes Continued. April 28, 2005 170 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 FISCAL NOTE (MISC. #05076) BY: Finance Committee, Chuck Moss, 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: Pursuant to Rule XII-C of this Board, the Finance Committee, has reviewed the above referenced resolution, and finds: 1. 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. 2. Funding is available in the Designated Fund Balance Emergency Operating Center Upgrade Account (GL #9407-105000) for additional equipment. 3. An emergency response vehicle will be added to the county fleet, including EOC communications, technology equipment, first responder information and promotional training, siren maintenance and battery replacements, including other disaster response supplies. 4. Amendments to the Fiscal Year 2006 and Fiscal Year 2007 budget will be included in the County Executive Recommended budget. 5. A budget amendment is recommended to the Fiscal Year 2005 Budget to appropriate $165,200 from Designated Fund Balance for Emergency Response and Preparedness as follows: GENERAL FUND 101 FY 2005 Revenue 90-150000-14000-1582 Planned Use of Fund Balance $165,200 Expenditures 11-101112-65001-4100 F.A. Exp. Eq. Exp. $ 75,000 11-101112-65001-3844 Workshops & Meetings $ 5,000 11-101112-65001-4101 Exp. Eq. Exp. $ 23,286 11-101112-65001-4352 Training Supp. $ 7,000 11-101112-65001-3788 Uniforms $ 2,000 11-101112-65001-4080 Educational Supp. $ 5,000 11-101112-65001-6018 Motor Pool $ 1,470 11-101113-98661-8001 Transfer to Motor Pool $ 27,244 11-101113-98636-8001 Transfer to Info. Tech. $ 19,200 Total Expenditures $165,200 Total $__ _-0- MOTOR POOL FUND 661 Revenue 13-661003-98101-1701 Transfer from Gen. Fund $ 27,244 13-661001-00010-0635 Leased Equip. $ 1,470 Total Revenues $ 28,714 Expenditures 13-661002-00010-3903 Depreciation $ 1,470 Change in Fund Equity $ 27,244 Commissioners Minutes Continued. April 28, 2005 171 INFORMATION TECHNOLOGY FUND 636 Revenue 18-636113-98101-1701 Transfer to I.T. $ 19,200 Expenditures 18-636162-15000-4101 Exp. Equip. Exp. 19,200 $ -0- (The vote for this motion appears on page 173.) *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. FISCAL NOTE (MISC. #05077) BY: Finance Committee, Chuck Moss, Chairperson IN RE: SHERIFF’S OFFICE – USE OF FORFEITED FUNDS FOR EQUIPMENT 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. Funds in the amount of $1,022,376.55 (balance as of 3/23/05) are available in the Sheriff’s Department Law Enforcement Enhancement account. 2. The Sheriff is requesting $450,000 of these funds be used to pay for equipment to enhance law enforcement efforts in compliance with state law for the use of these funds. 3. Funds are held in General Fund General Ledger Account #2203-60053. The Fiscal Year 2005 budget should be amended as follows: FY 2005 Revenue 43-101-013101-10000-1568 Enhancement Revenue $450,000 $450,000 Expenditures 43-101-023901-40000-4044 Deputy Supplies $244,000 43-101-023901-43100-9169 Misc. Capital Outlay $ 41,000 43-101-023601-30000-9169 Misc. Capital Outlay $163,000 43-101-023601-30000-6661 Motor Pool $ 500 43-101-023601-30000-6677 Insurance Fund $ 1,500 $450,000 $ -0- Commissioners Minutes Continued. April 28, 2005 172 FINANCE COMMITTEE (The vote for this motion appears on page 173.) *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. FISCAL NOTE (MISC. #05078) BY: Finance Committee, Chuck Moss, 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: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The City of Wixom has requested a contract between the City of Wixom and the Oakland County Sheriff for Police and Fire Dispatch Services beginning July 1, 2005. The current contract expires on June 30, 2005. 2. Operating revenues generated by this contract will equal $23,500 for the balance of Fiscal Year 2005 and $96,300 for Fiscal Year 2006. 3. The renewal of this contract at the new contracted rates was anticipated during the Fiscal Year 2005/2006 budget process. A budget amendment to the Fiscal Year 2005 and Fiscal Year 2006 budget is not recommended. FINANCE COMMITTEE (The vote for this motion appears on page 173.) Commissioners Minutes Continued. April 28, 2005 173 *MISCELLANEOUS RESOLUTION #05084 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF’S OFFICE - AUTHORIZATION FOR SALE OF RECOVERED AND STOLEN PROPERTY IN SPRING AUCTION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the provisions of Act 54 of the Public Act of 1959, as amended, requires board authorization for the disposal of recovered and stolen property that has been unclaimed for six (6) months; and WHEREAS the Department of Central Services conducts a spring and fall auction for the County of Oakland; and WHEREAS the spring auction will be held on Saturday, May 21, 2005; and WHEREAS the Sheriff of Oakland County, by letter of March 30, 2005, has requested the authority of the Oakland County Board of Commissioners to proceed with the sale of the aforementioned items, as detailed in the attached list, in the spring auction. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the Sheriff of Oakland County to dispose of unclaimed property in the manner prescribed in Act 54 of the Public Acts of 1959, as amended. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of letter from Mark Newman, Captain – Technical Services Division and list of items for the spring 2005 Live Auction on file in County Clerk’s office. Vote on Resolutions on the Consent Agenda: AYES: Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Scott, Suarez, Wilson, Woodward, Zack, Bullard, Coleman. (24) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda were adopted and the report was confirmed. MISCELLANEOUS RESOLUTION #05085 BY: Finance Committee, Chuck Moss, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET - 2005 EQUALIZATION REPORT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the staff of the Equalization Division of the Department of Management and Budget has examined the assessment rolls of the several townships and cities within Oakland County to ascertain whether the real and personal property in the respective townships and cities has been equally and uniformly assessed at 50% of true cash value; and WHEREAS the Finance Committee in accordance with Rule XI.A (7) of the Board of Commissioners adopted on January 6, 2005, has reviewed the findings and recommendations of the Equalization Manager, acting as the Equalization Director, and conducted hearings to provide for local intervention into the equalization process; and WHEREAS based on its findings, the Manager of the Equalization Division has presented to the Finance Committee the recommended 2005 equalization value which adds to or deducts from the valuation of the property in the several townships and cities an amount as, in its judgment, will produce a sum which represents the true cash value thereof; and WHEREAS the Equalization Factors listed on the attached report are the result of the foregoing process and are for information purposes only. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners adopts the 2005 equalization and authorizes its certification by the Chairperson of the Board and further that it be entered on the County records and delivered to the appropriate official of the proper township or city. Chairperson, on behalf on the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Commissioners Minutes Continued. April 28, 2005 174 Moved by Moss supported by Woodward the resolution be adopted. AYES: Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Scott, Suarez, Wilson, Woodward, Zack, Bullard, Coleman, Coulter. (24) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. MISCELLANEOUS RESOLUTION #05086 By: General Government Committee, William R. Patterson, Chairperson IN RE: BOARD OF COMMISSIONERS - SUPPORT OF HOUSE RESOLUTION 341 – REAUTHORIZATION OF COMMUNITY SERVICES BLOCK GRANT (CSBG) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland Livingston Human Service Agency (OLHSA) is a 501(c)(3) non-profit community action agency serving Oakland and Livingston Counties; and WHEREAS there are more than 1,135 community action agencies throughout the county serving more than 96% of all counties nationwide; and WHEREAS the nationwide poverty level has increased each year since 2000, leaving 4.3 million more Americans in poverty than at the beginning of the decade; and WHEREAS 3.4 percent of the population of Livingston County is in poverty; 5 percent of the population of Oakland County is in poverty; and 22.1 percent of the population of the City of Pontiac is in poverty; and WHEREAS OLHSA receives $1.2 million from CSBG, or $17 per individual below poverty in Oakland and Livingston Counties; and WHEREAS OLHSA leverages, from those core funds, an additional $30 for every CSBG dollar for a total funding of more than $31 million; and WHEREAS OLHSA served over 43,000 impoverished individuals during 2004, nearly 8,000 more than the previous year; and WHEREAS the CSBG funds make possible every program that OLHSA provides to the community; and WHEREAS the CSBG funding has made it possible for OLHSA to build and renovate 39 new, energy efficient, quality, affordable homes in Pontiac and Royal Oak Township; and WHEREAS the CSBG funding has made it possible for OLHSA to operate JOBSTART OLHSA, a successful job training program providing comprehensive job readiness preparation, industry specific skill training and paid employment; and WHEREAS the CSBG provided the initial funding and ongoing support for the creation of the Individual Development Account program; and WHEREAS the CSBG funds were used to develop a pilot program, SEED, funded by the Ford Foundation and others to open 529 college savings accounts for 500 children in the Head Start program. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby go on record in support of the reauthorization of the Community Services Block Grant and continued funding at current or increased levels. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners recognizes that counties depend on the low-income services funded by the Community Services Block Grant and that the CSBG network of community action agencies is a unique partner with county, state and federal government in assisting low-income individuals toward achieving self-sufficiency. 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 Oakland County delegation to the United States Congress and Senate. Chairperson, on behalf of the General Government Committee, I move adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Moved by Patterson supported by Hatchett the resolution be adopted. Commissioners Minutes Continued. April 28, 2005 175 AYES: Douglas, Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Scott, Suarez, Wilson, Woodward, Zack, Bullard, Coleman, Coulter, Crawford. (24) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. MISCELLANEOUS RESOLUTION #05087 BY: Personnel Committee, Gregory Jamian, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT – FISCAL YEAR 2004-2007 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY THE GOVERNMENT EMPLOYEES LABOR COUNCIL To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland and the Government Employees Labor Council (GELC), have been negotiating a contract covering approximately 122 Children’s Village Employees; 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 Years 2006 and 2007; and WHEREAS the classifications of Youth Specialist II and Children's Village Case Coordinator II shall receive an additional 1% increase beginning with the pay periods including April 1, 2005, April 1, 2006, and April 1, 2007; and WHEREAS any benefit modifications implemented on a County wide basis for the general, non- represented employees during Fiscal Year 2006 and Fiscal Year 2007 shall be applied to the employees of this bargaining unit at the same time and in the same manner; 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 Government Employees Labor Council, 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 Oakland County’s Agreement with Employees Represented by Government Employees Labor Council (Children’s Village) April 2005, Oakland County and Governmental Employees Labor Council 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 #05088 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: WASTE RESOURCE MANAGEMENT DIVISION – 2005 EXTENSION OF OAKLAND COUNTY FACILITATION OF NO HAZ PROGRAM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County, through its Waste Resource Management Division has facilitated the North Oakland Household Hazardous Waste Consortium (NO HAZ) for the past three years; and WHEREAS the cost of facilitating this program is reimbursed to the County by the member communities; and WHEREAS Oakland County and the NO HAZ participating communities are committed to protection of public health, the natural environment and preventing toxic materials from entering our waterways and landfill resources; and WHEREAS collection events for household hazardous waste are widely accepted as the best way to provide citizens with a safe way to dispose of these toxic and poisonous household chemicals, meet Commissioners Minutes Continued. April 28, 2005 176 Phase II Storm water Protection requirements, encourage pollution prevention and enhance environmental health and safety in the home; and WHEREAS Oakland County originally agreed to facilitate this program for a period not to exceed three years (2003, 2004, 2005) and it was intended that the member communities would then take over facilitation of the program and Oakland County would no longer be involved; and WHEREAS since that time, reduced revenue sharing and other economic stresses have affected the communities’ ability to provide resources to facilitate the program on their own; and WHEREAS the member communities have indicated strong interest in having the county continue as the facilitator of the program; and WHEREAS the Oakland County Waste Resource Management Division would like to expand this important program and work to increase the number of communities and residents serviced by the program; and WHEREAS the county administration strongly supports the continuation of the program for an additional two years (2006, 2007). NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners agree that the Oakland County Waste Resource Management Division will continue to facilitate the NO HAZ Program for an additional two years (2006, 2007), so long as the member communities fully reimburse the county for all costs and expenses connected with the operation of the program; and BE IT FURTHER RESOLVED that during this two-year period Oakland County and the member communities will take steps to increase the number of member communities and to prepare the member communities to take over the operation and facilitation of the program at the conclusion of this two-year period. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #05089 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST FOR APPROVAL OF CONSTRUCTION LICENSE AND LEASE AGREEMENT WITH THE CHARTER TOWNSHIP OF LYON FOR THE NEW COUNTYWIDE RADIO SYSTEM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners, pursuant to Miscellaneous Resolution #98308, recognized that the County's current 800MHz radio system needed to be upgraded and expanded to encompass all public safety agencies and to create interoperatibility between public safety agencies; and WHEREAS the Oakland County Board of Commissioners, pursuant to MCL 484.1401 and Miscellaneous Resolution #99279, authorized the levy of a four (4%) percent emergency telephone operational charge to pay for a new County-wide radio system that will have the ability to encompass all public safety agencies and create interoperability between public safety agencies; and WHEREAS to properly implement and operate the new County-wide radio system, the County will need to build towers, lease land, and/or lease space on towers at sites throughout the County; and WHEREAS it is the recommendation of the Departments of Facilities Management and Information Technology that the Oakland County Board of Commissioners accept and approve the terms and conditions of the attached Construction License and Lease Agreement; and WHEREAS under the terms and conditions of the attached Construction License and Lease Agreement, the County will construct the tower at 58800 Grand River Ave., New Hudson, Michigan. Upon completion of construction of the tower the County will sell the tower to the Township for one ($1) dollar, and the Township will lease the County space on the tower for one ($1) dollar per year; and WHEREAS the Departments of Facilities Management, Information Technology, and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached construction license and lease agreement. Commissioners Minutes Continued. April 28, 2005 177 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached construction license and lease agreement for radio tower construction and lease purposes between the County of Oakland and the Charter Township of Lyon. BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs its Chairperson or his designee to execute the attached construction license and lease agreement and all other related documents between the County of Oakland and the Charter Township of Lyon, 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 of Construction License and Lease Agreement Charter Township of Lyon Radio Tower, Exhibit A, Permit Drawings, Survey Map, Site Layout, Compound Plan, Construction Details, Tower Elevation, Landscape Plan, and Erosion Control Plan and Details on file in County Clerk’s office. 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 REPORT (MISC. #05052) BY: General Government Committee, William R. Patterson, 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 General Government Committee, having reviewed Miscellaneous Resolution #05052 on April 18, 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 28, 2005 178 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. 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 Moved by Potter supported by Gregory the resolution be adopted. Moved by Potter supported by Gregory the General Government Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Moved by Potter supported by Gregory the Public Services Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Moved by Potter supported by Gregory the resolution be amended to coincide with the recommendation in the Public Services Committee Report. Commissioners Minutes Continued. April 28, 2005 179 A sufficient majority having voted therefore, the amended carried. Vote on resolution, as amended: AYES: Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Scott, Suarez, Wilson, Woodward, Zack, Bullard, Coleman, Coulter, Crawford, Douglas. (24) NAYS: None. (0) A sufficient majority having voted therefore, the resolution, as amended, was adopted. REPORT (MISC. #05079) BY: Finance Committee, Chuck Moss, 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: The Finance Committee, having reviewed the above-referenced resolution, reports with the recommendation that the resolution be amended to insert a sixth WHEREAS as follows: WHEREAS these four canines will be available on a county-wide call-out basis; and Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report. FINANCE COMMITTEE 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. FISCAL NOTE (MISC. #05079) BY: Finance Committee, Chuck Moss, 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: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: Commissioners Minutes Continued. April 28, 2005 180 1. Funds in the amount of $1,022,376.55 (balance as of 3/23/05) are available in the Sheriff’s Department Law Enforcement Enhancement account. 2. The Sheriff is requesting $117,600 of these funds be used to pay for five (5) trained canine dogs and one (1) patrol vehicle to enhance law enforcement efforts in compliance with state law for the use of these funds. 3. The operating costs of the K-9 Program that exceed its allocation will be reimbursed to the General Fund at the conclusion of the Fiscal Year by transfer from the Law Enforcement Enhancement account. 4. Funds are held in General Ledger Account #2203-60053. The Fiscal Year 2005 and Fiscal Year 2006 budget should be amended as follows: FY 2005 FY 2006 GENERAL FUND Revenue 43-101-013101-10000-1568 Enhancement Revenue $117,600 $117,600 Expenditures Capital Costs 43-101-023601-34100-3024 K-9 Program $ 62,500 43-101-033601-98661-8001 Motor Pool Trans $ 31,607 43-101-033601-98635-8001 Computer Trans $ 6,308 43-101-033601-98664-8001 Equipment Fund Trans $ 5,535 $105,950 Operating Costs 43-101-023601-34100-3024 K-9 Program $ 5,000 43-101-023601-30000-6661 Motor Pool $ 6,050 43-101-023601-30000-6636 Info Tech Operations $ 322 43-101-023601-30000-6024 Clemis $ 109 43-101-023601-30000-6660 Equipment Fund $ 169 $ 11,650 MOTOR POOL FUND Revenue 13-661-661001-00010-0635 Leased Equipment $ 6,050 $ 6,050 Operating Transfer 13-661-661003-98101-1701 Operating Trans. $ 31,607 _______ $ 37,657 $ 6,050 Expenditures 13-661-661002-00010-8005 Change in Fund Eq. $ 6,050 $ 6,050 13-661-661002-00010-4264 Leased Vehicles $ 31,607 ________ $ 37,657 $ 6,050 RADIO COMMUNICATIONS FUND Revenue 23-660-660711-60005-0635 Leased Equipment $ 322 $ 322 $ 322 $ 322 Expenditures 23-660-660712-60005-4101 Exp. Equipment $ 322 $ 322 $ 322 $ 322 CLEMIS FUND Revenue 23-635-635111-30001-0583 In-Car Terminals $ 109 $ 109 Operating Transfer 23-635-635113-98101-1701 Operating Trans. $ 6,308 ________ $ 6,417 $ 109 Expenditures 23-635-635152-30001-3900 Depreciation $ 109 $ 109 23-635-635152-30001-8005 Change in Fund Eq. $ 6,308 $ 6,417 $ 109 Commissioners Minutes Continued. April 28, 2005 181 EQUIPMENT FUND Revenue 12-664-623101-27002-0477 Equipment Rental $ 169 $ 169 Operating Transfer 12-664-623301-98101-1701 Operating Trans. $ 5,535 $ 5,704 $ 169 Expenditures 12-664-623201-27002-4100 FA Exp. Equipment $ 169 $ 169 12-664-623201-27002-3900 Depreciation $ 5,535 $ 5,704 $ 169 FINANCE COMMITTEE Moved by Potter supported by Gershenson the resolution be adopted. Moved by Potter supported by Gershenson the Finance Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Moved by Potter supported by Gershenson the resolution be amended to coincide with the recommendation in the Finance Committee Report. A sufficient majority having voted therefore, the amendment carried. Vote on resolution, as amended: AYES: Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Scott, Suarez, Wilson, Woodward, Zack, Bullard, Coleman, Coulter, Crawford, Douglas, Gershenson. (24) NAYS: None. (0) A sufficient majority having voted therefore, the resolution, as amended, was adopted. MISCELLANEOUS RESOLUTION #05090 BY: Commissioner Chuck Moss, District #20 IN RE BOARD OF COMMISSIONERS - OPPOSITION TO A STATE SERVICES TAX To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the subject of raising revenue for the State of Michigan by instituting a “Service Tax,” or tax on services, has been attributed to the Governor’s office, other government officials and media outlets as a way of relieving current governmental revenue shortfalls; and WHEREAS such a service tax would impose a cost on some, if not all, transactions entered into in Michigan; and WHEREAS sixty-four percent of income in Oakland County derives from the service sector, as opposed to 50% in the state of Michigan as a whole, and WHEREAS the burden of any proposed service tax would fall disproportionately on the businesses of Oakland County; and WHEREAS any proposed tax on services would worsen Oakland County’s status as a significant donor county whose net negative tax outflow is already at $1.1 Billion; and WHEREAS such a service tax spreads through each transaction, raising costs and providing a corresponding disincentive for each transaction; and WHEREAS the requirement of tax reporting will be itself a significant burden on commerce in Oakland County; and WHEREAS the enforcement of such a tax will be a significant challenge, requiring greater enforcement and investigatory activity, itself a cost to government; and WHEREAS such taxes inevitably lead to widespread evasion and lawbreaking as citizens move transactions “off the books” and into black markets, thereby criminalizing formerly honest business activity; and Commissioners Minutes Continued. April 28, 2005 182 WHEREAS Michigan is already ranked as one of the least business-friendly states in the America, while suffering one of the highest unemployment rates and a general failure to share in the general American economic recovery; and WHEREAS such a tax can only retard Michigan and Oakland County’s economic vitality and much- needed job growth; and WHEREAS such taxes have been tried in other jurisdictions, notably in Florida and Ontario, Canada. In Ontario the GST has had an enormous negative economic impact, and in Florida the tax was rescinded soon after it was passed; and WHEREAS such a proposed service tax would have a serious negative impact on the State of Michigan in general and Oakland in particular, costing Oakland County businesses and families the benefits of a robust economy. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does state its opposition to a proposed Service Tax, and urges the Governor and Michigan Legislature not to advance or enact such a tax. 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, the Michigan Association of Counties, and Oakland County’s legislative lobbyists. Chairperson, I move the adoption of the foregoing resolution. CHUCK MOSS, EILEEN KOWALL, HUGH CRAWFORD, CHARLES PALMER, JOHN SCOTT, BULL BULLARD, SUE ANN DOUGLAS, THOMAS MIDDLETON, GREG JAMIAN, WILLIAM PATTERSON, JEFF POTTER, WILLIAM MOLNAR, ERIC WILSON, CHRISTINE LONG, ERIC COLEMAN The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #05091 BY: Commission William R. Patterson, District #1 IN RE: BOARD OF COMMISSIONER - 2005 WEST NILE VIRUS FUND DISBURSEMENT POLICY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS West Nile Virus is a mosquito-borne virus that can cause encephalitis (inflammation of the brain) or meningitis (inflammation of the lining of the brain and spinal cord); and WHEREAS West Nile virus is spread to humans by the bite of an infected mosquito, which becomes infected by biting a bird that carries the virus; and WHEREAS as of April 27, 2005, the Centers for Disease Control reports a total of 635 positive cases of West Nile Virus in humans in the State of Michigan since 2002, with 53 associated deaths. Of these, Oakland County has had 20 reported human deaths - the highest in the State; and WHEREAS the spread of West Nile Virus can be prevented in two major ways: (1) personal protective measures to reduce contact with mosquitoes and (2) public health measures to reduce the population of infected mosquitoes in the environment; and WHEREAS the Oakland County Health Division has undertaken an informational program to educate residents about personal protection measures to reduce contact with mosquitoes and has recommended public health measures, which involve the elimination of larval habitats, larviciding and the focused spraying of insecticides to kill adult mosquitoes for implementation throughout Oakland County; and WHEREAS the Centers for Disease Control reports that the combination of mosquito control methods selected for use in a control program depends on the type of mosquitoes to be controlled and the habitat structure; and WHEREAS the concentrated outbreak of West Nile Virus cases in Oakland County merits instituting proactive public health measures, such as personal protection, habitat eradication, larviciding and focused mosquito spraying, to reduce the population of infected mosquitoes in the environment; and WHEREAS the County of Oakland has designated $500,000 for creation of the West Nile Virus Fund to be distributed to assist CVTs with the above activities; and Commissioners Minutes Continued. April 28, 2005 183 WHEREAS the portion of the annual West Nile Virus Fund appropriation available upon proper application to each Oakland County CVT has been established by a formula based on total population (75%) and total square miles (25%). NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the continuation of the West Nile Virus Fund and hereby supports the Oakland County Executive and Oakland County Health Division plan to distribute $500,000 to assist CVTs with the above mosquito control measures. BE IT FURTHER RESOLVED that the following process shall be followed in seeking reimbursement: 1) The West Nile Virus Fund established by the Board of Commissioners shall be maintained by the Department of Management and Budget, Fiscal Services Division as a separate fund to be utilized to help protect the health, safety and welfare of the people of Oakland County. 2) Each CVT shall submit project expense reimbursement requests to the Fiscal Services Division, which shall be reported to the Board of Commissioners. Requests shall state the project purpose and scope, estimated costs, including any support detail, to insure compliance with the resolution and attachments on the policy that govern this program for fund disbursements. 3) In order to secure a West Nile Virus Fund funding commitment at the outset of a project (pre-project authorization), a CVT may, utilizing the procedures set forth herein, request reimbursement authorization prior to project completion with the understanding that the actual disbursement of funds shall not occur until after a CVT demonstrates that it has actually incurred the expenses eligible for reimbursement under this resolution. 4) The Fiscal Services Division shall account for the activity within the West Nile Virus Fund for each Oakland County CVT. Utilizing the appropriate formula adopted by the Board of Commissioners, the accounts shall reflect the amount of the total annual West Nile Virus Fund appropriation(s) apportioned to each CVT, less any authorized disbursements. The Fiscal Services Division shall report the status of the West Nile Virus Fund to the Board of Commissioners. 5) Each CVT request for reimbursement of eligible expenses shall be accompanied by a resolution authorizing the reimbursement request adopted by the CVT's legislative board or council. 6) CVT's shall direct all requests for reimbursement of amounts expended or to be expended by the CVT in connection with project expenses eligible for reimbursement to the Fiscal Services Division. 7) The Fiscal Services Division shall notify the County Commissioner(s) representing a CVT of receipt of the reimbursement request. Fiscal Services shall process the reimbursement request and recommend to the Finance Committee of the Board of Commissioners the approval of a disbursement request that is supported by an existing Board of Commissioner appropriation in Miscellaneous Resolution #05061 and meets the requirements of law and this resolution. 8) In addition to providing a copy of the governing body's adopted resolution authorizing the reimbursement request, CVT's shall support their reimbursement request by providing the Health Division with documentation sufficient to allow the Division to ascertain that the reimbursement requested complies with Board of Commissioner approved policies for the West Nile Virus Fund and is otherwise authorized by law. 9) Recognizing that Michigan law imposes differing voting requirements for authorizing County financial participation in projects eligible for reimbursement under this resolution, no CVT shall receive any disbursement from the West Nile Virus Fund until their authorized request has been approved for disbursement by the Board of Commissioners, via a resolution sponsored by the Commissioner(s) representing the CVT and adopted by the affirmative voting margin required by law. 10) Any undisbursed amount(s) remaining after September 30, 2005, except reimbursements authorized under Section 3 above (pre-project authorization) by application filed not later than August 1, 2005, shall be maintained in the West Nile Virus Fund until finally distributed according to subsequent Board action. In the event that the West Nile Virus Fund is closed, any remaining fund balance shall be transferred to the General Fund. Commissioners Minutes Continued. April 28, 2005 184 11) Prior to the time the full Board of Commissioners authorizes a particular disbursement as provided herein, nothing in this resolution creates or is intended to create any binding obligation or duty on behalf of the County to appropriate funds for the West Nile Virus Fund in any fiscal year or creates or is intended to create any binding obligation or duty on behalf of the County to fund or participate in funding any particular CVT project. 12) West Nile Virus Fund appropriation decisions shall be made by the Board of Commissioners based upon the best interests of the County and the needs of its citizens. The Board of Commissioners expressly reserves the right to terminate the West Nile Virus Fund project at any time they, in their sole discretion, believe it to be in the best interest of the County at large. Chairperson, I move the adoption of the foregoing resolution. WILLIAM R. PATTERSON The Chairperson referred the resolution to the General Government Committee. There were no objections. The Board adjourned at 10:00 a.m. to the call of the Chair or May 12, 2005, at 9:30 a.m. RUTH JOHNSON BILL BULLARD, JR. Clerk Chairperson