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HomeMy WebLinkAboutMinutes - 2005.05.12 - 8368185 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES May 12, 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, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Suarez, Wilson, Woodward, Zack. (23) EXCUSED ABSENCE WITH NOTICE: Scott. (1) EXCUSED ABSENCE PER MISCELLANEOUS RESOLUTION #04228: Coleman. (1) Quorum present. Invocation given by Mattie Hatchett. Pledge of Allegiance to the Flag. Moved by Crawford supported by Coulter the minutes of the April 28, 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: Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Suarez, Wilson, Woodward, Zack, Bullard. (23) NAYS: None. (0) A sufficient majority having voted therefore, the agenda was approved as printed. Lawrence Obrecht, Manager, Oakland County Animal Control Division, along with Chairperson Bill Bullard, Jr. presented a plaque to Dr. Bryan Cornwall D.V.M. and Dr. Brian Covert D.V.M. in appreciation and recognition of the advanced pet care they, along with their staff, gave the Oakland County Animal Control Division. Commissioners Minutes Continued. May 12, 2005 186 Deputy Clerk/Register of Deeds James H. VanLeuven read a communication from Chairperson Bill Bullard, Jr., appointing the following individuals to serve on the Public Transportation Authority for a term ending December 31, 2006: Members – Andrew Pettress, A. John Szerlag, Eurick Crayton, Ramon Betanzos, and Patricia Paruch. Alternates – E. Ann Hiner, Andrew Haliw, III, Norman Finkelstein, and Dr. Dennis Papazian. There being no objections the appointments were confirmed. Deputy Clerk/Register of Deeds James H. VanLeuven read a communication from Chairperson Bill Bullard, Jr., appointing Commissioners Will Molnar (Chair), Christine Long, Tim Melton, and Helaine Zack to the Small Business Health Care Study Group authorized by Miscellaneous Resolution #05049, adopted by the Board of Commissioners on April 14, 2005. The communication was received for filing. Deputy Clerk/Register of Deeds James H. VanLeuven read a communication from L. Brooks Patterson, Oakland County Executive, appointing Gerald D. Poisson, Deputy County Executive, to represent the County Administration on the Small Business Health Care Study Group pursuant to Miscellaneous Resolution #05049 adopted by the Board of Commissioners on April 14, 2005. The communication was received for filing. The following people addressed the Board: Bob Marsh, Glen Seaman, Allan Meltzer and Julia Ruffin who thanked the Board for their support with Youth in Government Day. Commissioner Helaine Zack commended Julia Ruffin for her hard work on Youth in Government Day. Moved by Gershenson supported by Long the resolutions on the Consent Agenda be adopted (with accompanying reports being accepted). (The vote for this motion appears on page 190.) The resolutions on the Consent Agenda follow (annotated by an asterisk {*}): *REPORT (MISC. #05080) BY: General Government Committee, William R. Patterson, Chairperson IN RE: BOARD OF COMMISSIONERS – HOLOCAUST REMEMBRANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #05080 on May 2, 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 #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 Commissioners Minutes Continued. May 12, 2005 187 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 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, 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 vote for this motion appears on page 190.) *REPORT (MISC. #05092) BY: Planning and Building Committee, Charles Palmer, Chairperson IN RE: DEPARTMENT OF CENTRAL SERVICES – OAKLAND COUNTY INTERNATIONAL AIRPORT 2005 GRANT PROGRAM ACCEPTANCE – CONSTRUCTION OF NORTH HANGAR AREA (PHASE II) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Planning and Building Committee having reviewed the above mentioned resolution on May 3, 2005 Reports to the Board with the recommendation the resolution be adopted. Chairperson, on behalf of the Planning and Building Committee, I move the acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE Commissioners Minutes Continued. May 12, 2005 188 MISCELLANEOUS RESOLUTION #05092 BY: General Government Committee, William R. Patterson, Chairperson IN RE: DEPARTMENT OF CENTRAL SERVICES – OAKLAND COUNTY INTERNATIONAL AIRPORT – 2005 GRANT PROGRAM ACCEPTANCE – CONSTRUCTION OF NORTH HANGAR AREA (PHASE II) 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. 2005-0216, for State funds in the amount of $108,450 for the development and improvement of Oakland County International Airport; and WHEREAS the project consists of construction of a north hangar area (Phase II); 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 development project as offered and approved by the Michigan Department of Transportation requires a local grant match of $12,050, which is available from the airport fund; 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 $120,500. 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 Contract Review – Central Services/Aviation, Contract for a State/Local Airport Project, Exhibit 1, Attachment 7, and Appendix A and B on file in County Clerk’s office. FISCAL NOTE (MISC. #05092) BY: Finance Committee, Chuck Moss, Chairperson IN RE: DEPARTMENT OF CENTRAL SERVICES - OAKLAND COUNTY INTERNATIONAL AIRPORT - 2005 GRANT PROGRAM ACCEPTANCE - CONSTRUCTION OF NORTH HANGAR AREA (PHASE II) 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- 0216, for State funds in the amount of $108,450 for Oakland County International Airport. 2. The project is for the construction of a north hangar area (Phase II). 3. The Airport Committee has reviewed the project and recommends acceptance of the grant contract. 4. The funding period of the grant is 36 months from the date of the award. 5. The total cost for the project is $120,500, with $108,450 (90%) of the cost from State funds, and $12,050 (10%) from the Airport Fund resources for the grant match. 6. The Michigan Department of Transportation shall act as agent on behalf of the County in the administration of the project. 7. No General Fund appropriation is required. 8. No budget amendment is necessary. FINANCE COMMITTEE (The vote for this motion appears on page 190.) Commissioners Minutes Continued. May 12, 2005 189 *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. 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 it’s 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. FISCAL NOTE (MISC. #05089) BY: Finance Committee, Chuck Moss, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - REQUEST FOR APPROVAL OF CONSTRUCTION LICENSE AND LEASE AGREEMENT WITH THE CHARTER TOWNSHIP OF LYON FOR THE NEW COUNTYWIDE RADIO SYSTEM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Board of Commissioners, pursuant to MCL 484.1401 and Miscellaneous Resolution #99279, authorized the levy of a four (4%) percent emergency telephone operational charge to pay for a new County-wide radio system, including construction of towers, lease of land, and/or lease of space on towers at sites throughout the County. Commissioners Minutes Continued. May 12, 2005 190 2. The resolution approves and authorizes a construction license and lease agreement for radio tower construction and lease purposes between the County of Oakland and Lyon Township. 3. Under the construction license and lease agreement, the County will construct a tower and install a generator, equipment shelter, and equipment for the County-wide radio system, at County expense, on land provided by the Township at 58800 Grand River Avenue, New Hudson, Michigan. 4. The County will sell the tower, shelter, generator, and equipment to Lyon Township for one ($1) upon completion and Lyon Township will lease the County space on the tower for one ($1) per year. 5. Operation and maintenance of the tower, equipment, and generator will be the responsibility of the Township. 6. The initial term of the lease is 15 years with three renewable five-year terms. 7. No budget amendment is required. FINANCE COMMITTEE Vote on Resolutions on Consent Agenda: AYES: Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Suarez, Wilson, Woodward, Zack, Bullard. (23) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda, were adopted (with accompanying reports being accepted). MISCELLANEOUS RESOLUTION #05093 BY: Finance Committee, Chuck Moss, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET/EQUALIZATION DIVISION – APPROVAL OF CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH THE CITY OF SOUTHFIELD To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Equalization Division provides a number of services to local units of government including original assessments, reappraisals, and file maintenance; and WHEREAS these services are provided under contract with the local units as approved by the Board of Commissioners; and WHEREAS this is a new contract which will result in an additional $56,000 in revenue. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves entering into the attached Contract for Oakland County Equalization Division Assistance Services with the City of Southfield. BE IT FURTHER RESOLVED that the budget be amended to reflect additional revenue for this contract in the amount of $56,000 as follows: GENERAL FUND (101) Revenue 12-140000-44100-0903 Equalization – Reimb. For Equal. Svcs. $56,000 Expenditure 90-290000-25000-2564 Non Department Contingency $56,000 $ -0- BE IT FURTHER RESOLVED that the Board of Commissioners’ Chairperson is authorized to sign these contracts. BE IT FURTHER RESOLVED that the Oakland County Clerk shall receive and file the executed contracts with the aforementioned municipalities as required by law. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Commissioners Minutes Continued. May 12, 2005 191 Copy of Contract for Oakland County Equalization Division Assistance Services with the City of Southfield (commercial and industrial file maintenance) on file in County Clerk’s office. Moved by Moss supported by Zack the resolution be adopted. AYES: Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Suarez, Wilson, Woodward, Zack, Bullard, Coulter. (23) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. MISCELLANEOUS RESOLUTION #05094 BY: General Government Committee, William Patterson, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – SECOND QUARTER 2005 DEVELOPMENT APPROPRIATION TRANSFER To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS all data processing development cost is incorporated as a single appropriation within the non- departmental budget, and then an amount equal to the actual expense is transferred to the user department with a summary report to the Finance Committee; and WHEREAS the Department of Information Technology has determined the Second Quarter 2005 data processing development charges to be $964,063.17 and the imaging development charge to be $37,451.19 for the General Fund/General Purpose County departments; and WHEREAS direct charges to Special Revenue and Proprietary fund departments are $283,258.39, and non-county agencies are $0 for the Second Quarter 2005; and WHEREAS an appropriation transfer to General Fund/General Purpose County departments is needed to fund these development charges. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners has reviewed the Second Quarter 2005 Data Processing Development Report and approves the Second Quarter appropriation transfer as specified on the attached schedule. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Information Technology Data Processing Development Summary 2nd Quarter 2005 on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. 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 Commissioners Minutes Continued. May 12, 2005 192 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. FISCAL NOTE (MISC. #05087) BY: Finance Committee, Chuck Moss, 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: 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 Government Employees Labor Council (GELC) (approximately 122 Children’s Village Employees) have negotiated a Wage Re-opener for Fiscal Year 2005 beginning October 1, 2004, through September 30, 2007. 2. This agreement provides for a 3.0% wage increase with the pay period beginning September 20, 2004. This equates to $140,975 for salaries and $47,650 for related fringe benefits, for a grand total of $188,625. 3. The classifications of Youth Specialist II and Children’s Village Case Coordinator II shall receive an additional 1% increase beginning with the pay periods April 1, 2005 through April 1, 2007. 4. The annual cost of the 1% increase is $39,428 for salaries and $13,326 for related fringe benefits, for a total of $52,754. 5. The cost of 1% increase for Fiscal Year 2005 is $26,377 and is available in the Non- Departmental Rate and Classification Account. 6. The agreement also provides that the employees represented by this bargaining agreement receive any benefit changes provided to the general non-represented County employees in the same time and the same manner. 7. Funding for 3% general salary increase is included in the Fiscal Year 2005 Budget. 8. A budget amendment to fund the 1% increase for Youth Specialist II and Children's Village Case Coordinator II in the amount of $26,377 is recommended as follows: GENERAL FUND (101) FY 2005 Expenditures 90-290000-25000-9021 Rate and Class Change $(26,377) 90-310000-98293-8001 Transfer to Juv. Maint. Fund 26,377 Total General Fund $ -0- Commissioners Minutes Continued. May 12, 2005 193 JUVENILE MAINTENANCE FUND (293) Revenue 90-470000-98101-1701 Transfer from General Fund $26,377 Expenditures 16-501200-24022-2001 CV - Salaries $19,714 16-501200-24022-2074 CV - Fringe Benefits 6,663 Total Expenditures $26,377 Total Juvenile Maint. Fund $ -0- FINANCE COMMITTEE Moved by Jamian supported by Suarez the resolution be adopted. AYES: Douglas, Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Suarez, Wilson, Woodward, Zack, Bullard, Coulter, Crawford. (23) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. REPORT (MISC. #05088) BY: Finance Committee, Chuck Moss, 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: The Finance Committee, having reviewed the above-referenced resolution, reports with the recommendation that the resolution be amended to insert the following language as the first and second BE IT FURTHER RESOLVED paragraphs: BE IT FURTHER RESOLVED that the following municipalities have been authorized to participate in this program per Miscellaneous Resolution #03091: Addison, Brandon, Commerce, Groveland, Lake Angelus, Orchard Lake, Oxford Township, Pontiac, Rochester, Rochester Hills, Rose, Springfield, Sylvan Lake, Waterford and White Lake. BE IT FURTHER RESOLVED that any additional interlocal agreements for communities wishing to participate in the NO HAZ program will be brought to the Board of Commissioners for approval. Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report. FINANCE COMMITTEE 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 Phase II Stormwater Protection requirements, encourage pollution prevention and enhance environmental health and safety in the home; and Commissioners Minutes Continued. May 12, 2005 194 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. 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 FISCAL NOTE (MISC. #05088) BY: Finance Committee, Chuck Moss, 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: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Oakland County has facilitated the North Oakland County Household Hazardous Waste Consortium (NO HAZ) for the past three years (2003, 2004 and 2005) to provide household hazardous waste collection services to residents of northern Oakland County. 2. The resolution authorizes the Oakland County Waste Resource Management Division to continue to facilitate the NO HAZ Program for an additional two years (2006 and 2007), contingent upon full reimbursement from participating communities of all costs incurred for the program. 3. The resolution further resolves that during this two year period, Oakland County and member communities will take steps to increase the number of member communities and to prepare member communities to take over operation and facilitation of the program at the conclusion of this two-year period. 4. NO HAZ program costs and reimbursement from participating communities are estimated at $249,200 for 2005 and are included in the Fiscal Year 2005 Budget. 5. The Waste Resource Management Division has requested NO HAZ program funding and reimbursement of $230,000 for Fiscal Year 2006 and Fiscal Year 2007, which will be included in the Fiscal Year 2006/2007 Executive Recommended Budget. FINANCE COMMITTEE Moved by Palmer supported by Melton the resolution be adopted. Moved by Palmer supported by Melton the Finance Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Commissioners Minutes Continued. May 12, 2005 195 Moved by Palmer supported by Melton 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: Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Suarez, Wilson, Woodward, Zack, Bullard, Coulter, Crawford, Douglas. (23) NAYS: None. (0) A sufficient majority having voted therefore, the resolution, as amended, was adopted. MISCELLANEOUS RESOLUTION #05095 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DRAIN COMMISSIONER - OAKLAND COUNTY WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR ROCHESTER HILLS - EXTENSION NO. 5A PROJECT - APPROVAL OF CONTRACT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland (the "County") heretofore has established, constructed and acquired the Oakland County Water Supply and Sewage Disposal Systems for Avon Township pursuant to the provisions of Act No. 185, Public Acts of Michigan, 1957, as amended, and pursuant to the Contract Oakland County Water Supply and Sewage Disposal Systems for Avon Township, dated November 1, 1968; and WHEREAS the Township of Avon has been incorporated as the City of Rochester Hills (the "City") and the Oakland County Water Supply and Sewage Disposal Systems for Avon Township are now known as the Oakland County Water Supply and Sewage Disposal Systems for Rochester Hills (the "System") and it is necessary to improve, enlarge and extend the System by the acquisition and construction of the hereinafter described water supply and sewage disposal facilities; and WHEREAS by the terms of Act No. 342, Public Acts of Michigan, 1939, as amended ("Act 342") the County and the City are authorized to enter into a contract for the improvement, enlargement and extension of the System and for the payment of the cost thereof by the City; and WHEREAS there has been submitted to this Board of Commissioners a proposed contract between the County, by and through the Drain Commissioner, County Agency, and the City, which contract provides for the acquisition, construction and financing of the Oakland County Water Supply and Sewage Disposal Systems for Rochester Hills - Extension No. 5A Project (the "Project") pursuant to Act 342, which contract is hereinafter set forth in full. NOW THEREFORE BE IT RESOLVED: 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 acquisition and construction of water supply and sewage disposal facilities to serve the City as part of the System; that the Project shall be designated the Oakland County Water Supply and Sewage Disposal Systems for Rochester Hills - Extension No. 5A Project; that the Oakland County Drain Commissioner is hereby designated and appointed as the "County Agency" for the Project; that the County Agency shall have all the powers and duties with respect to the Project as are provided by law and especially by Act 342; and that all obligations incurred by the County Agency with respect to the Project, unless otherwise authorized by this Board of Commissioners, shall be payable solely from funds derived from the City. PLANS AND SPECIFICATIONS – ESTIMATES OF PERIOD OF USEFULNESS AND COST. The preliminary plans and specifications for the Oakland County Water supply and Sewage Disposal Systems for Rochester Hills – Extension No. 5A Project and the estimates of $5,913,000 as the cost thereof and of 40 years and upwards as the period of usefulness thereof, as submitted to this Board of Commissioners, are hereby approved and adopted. APPROVAL OF CONTRACT. The Oakland County Water Supply and Sewage Disposal Systems for Rochester Hills - Extension No. 5A Project Contract dated as of May 1, 2005, between the County, by and through the County Drain Commissioner, and the City, which contract has been Commissioners Minutes Continued. May 12, 2005 196 submitted to this Board of Commissioners, be and the same is approved and adopted, and the County Drain Commissioner is 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, after the contract has been executed by the appropriate officials of the City. Said contract reads as follows: CONFLICTING RESOLUTIONS: All resolutions and parts of resolutions insofar as they may be in conflict herewith are hereby rescinded. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Memo from Joseph W. Colaianne, OCDC Insurance Administrator, and Oakland County Water Supply and Sewage Disposal Systems for Rochester Hills – Extension No. 5A Project Contract on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #05096 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - APPROVAL AND ACCEPTANCE OF LEASE AGREEMENT WITH NEWBERRY PROPERTIES, LLC FOR USE OF PROPERTY AT 48150 GRAND RIVER AVE., NOVI, MICHIGAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is responsible for providing courthouse facilities for all four divisions of the 52nd District Court; and WHEREAS the 52nd District Court 1st Division is presently housed in leased office space at 48150 Grand River Ave., Novi, Michigan; and WHEREAS at the present time no adequate County owned facility exists, which would accommodate the Court's functions; and WHEREAS the Department of Facilities Management and Newberry Properties, LLC have negotiated the terms and conditions of the attached Lease Agreement, which will allow the Court to continue to occupy the existing courthouse located at 48150 Grand River Ave. for an additional five year term with the option to extend the lease an additional five years; and WHEREAS the term of the new lease shall commence on March 4, 2005, and expire on March 3, 2010. Rent for said term shall be at a rate of $17.68 per square foot or $38,062.25 monthly or $456,747 annually; 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 facilities at 48150 Grand River Ave., Novi, Michigan between the County of Oakland and Newberry Properties, LLC. BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Lease Agreement and all other related documents between the County of Oakland and Newberry Properties, LLC, which may be required. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Oakland County Department of Facilities Management 5/3/2005 Acceptance and Approval of Lease 52-1 District Courthouse Newberry Properties, LLC and Exhibit A - Legal Description on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. Commissioners Minutes Continued. May 12, 2005 197 MISCELLANEOUS RESOLUTION #05097 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE - CAMP DEARBORN CONTRACT FOR LAW ENFORCEMENT SERVICES FOR THE 2005/2006/2007 SEASONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is the policy of the Oakland County Board of Commissioners to permit the Sheriff's Office to enter into contractual agreements for the purpose of Law Enforcement Patrol Services; and WHEREAS Miscellaneous Resolution #02106 approved a three year contract between the City of Dearborn and the County; and WHEREAS the City of Dearborn has requested to renew the contract between the County and the City of Dearborn for Law Enforcement Patrol Services at Camp Dearborn for the 2005/2006/2007 seasons; and WHEREAS the Sheriff's Office in conjunction with the City of Dearborn is proposing to continue contracting for services per the attached agreement for one (1) Deputy II and three (3) Deputy I's as assigned, and ten (10) part-time non-eligible Park Deputies (Pos.#07157, 07158, 07159, 07160, 07161, 07162, 07163, 07164, 07165, and 07166); and WHEREAS the rates for 2005/2006/2007 seasons are included in the contract and approved by the Department of Management and Budget. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board and the Oakland County Sheriff to enter into the attached agreement with the City of Dearborn for the purpose of Law Enforcement Patrol Service at the rates included in the attached contract. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of 2005-2007 Contract for Camp Dearborn Police Protection, and Attachments A, B, and C on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #05098 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE - SOUTHFIELD DETENTION FACILITY OPERATING AGREEMENT FOR 2005/2006/2007/2008 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners, by Miscellaneous Resolution #8852 dated March 22, 1979, authorized an agreement between the City of Southfield and the County of Oakland wherein the County would operate Southfield's Detention Facility in the City of Southfield's safety building; and WHEREAS the Board of Commissioners approved the most recent agreement by Miscellaneous Resolution #98068 dated April 2, 1998, which terminated on June 30, 2002; and WHEREAS representatives of the City of Southfield and the County have tentatively agreed upon a multi- year contract beginning February 1, 2005 and extending to June 30, 2008; and WHEREAS this agreement includes flat fee payments by the City of Southfield in the amount of $37,641.83 per month through June 30, 2005, $465,251 for the period July 1, 2005 through June 30, 2006, $479,211 for the period July 1, 2006 through June 30, 2007 and $493,587 for the period July 1, 2007 through June 30, 2008; and WHEREAS the proposed agreement has been approved in accordance with the County Executive's review process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached agreement with the City of Southfield for the operation of the Southfield Detention Facility and authorizes the Chairperson of the Board of Commissioners to execute the said agreement. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Commissioners Minutes Continued. May 12, 2005 198 Copy of Southfield Detention Facility Operating Agreement February 1, 2005 – June 30, 2008 on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. The Board adjourned at 10:06 a.m. to the call of the Chair or May 26, 2005, at 9:30 a.m. RUTH JOHNSON BILL BULLARD, JR. Clerk Chairperson