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HomeMy WebLinkAboutMinutes - 2005.09.22 - 8377394 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES September 22, 2005 Meeting called to order by Chairperson Bill Bullard, Jr. at 9:52 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, Wilson, Woodward, Zack. (23) EXCUSED ABSENCE WITH NOTICE: Rogers, Suarez. (2) Quorum present. Invocation given by Chuck Moss. Pledge of Allegiance to the Flag. Moved by Patterson supported by Woodward the minutes of the September 1, 2005, Board Meeting be approved. A sufficient majority having voted in favor, the minutes were approved as printed. Moved by Kowall supported by Palmer the rules be suspended and the agenda be amended, as follows: ITEMS ON BOARD AGENDA PLANNING AND BUILDING COMMITTEE b. Drain Commissioner – 2005 Lake Level Assessments for Operation and Maintenance. c. Drain Commissioner – 2005 Chapter 4 Drain Maintenance Assessment Resolution. d. Drain Commissioner – 2005 Chapter 18 Drain Maintenance Assessment Resolution. (Reason for suspension of Planning and Building Committee, items (b), (c) and (d): Waiver of Rule XII C.2. Resolution was directly referred to the Finance Committee. ITEMS NOT ON BOARD AGENDA FINANCE COMMITTEE u. Board of Commissioners – Authorization to Pay Michigan Department of Human Services Child Care Fund. (Reason for Suspension of Finance Committee item: Waiver of Rule III. – item not presented to Board Chair for inclusion in the agenda five days prior to the meeting. Waiver of Rule XII – resolution did not go before the Finance Committee.) Commissioners Minutes Continued. September 22, 2005 395 Moved by Kowall supported by Palmer the agenda be further amended to move Finance Committee, item (r), General Government Committee, item (a), and Planning and Building Committee, items (b), (c), and (d), from the Consent Agenda to the Regular Agenda. In addition to add Miscellaneous Resolution #05217 – BOARD OF COMMISSIONERS – AUTHORIZATION TO PAY MICHIGAN DEPARTMENT OF HUMAN SERVICES CHILD CARE FUND INVOICES to the Regular Agenda as item (u), to be voted on before item (r). Votes on agenda, as amended: AYES: Bullard, Coleman, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Scott, Wilson, Woodward, Zack. (23) NAYS: None. (0) A sufficient majority having voted in favor, the motion to suspend the rules and amend the agenda carried. The agenda, as amended, was approved. Chairperson Bill Bullard, Jr., Vice Chairperson Hugh Crawford, and Commissioner Sue Ann Douglas on behalf of all the Oakland County Commissioners presented a proclamation to Oakland County Treasurer Pat Dohany honoring him as the president of the Association of Public Treasurers for the United States and Canada. The Commissioners also honored Oakland County Treasurer Pat Dohany for being the Dr. Jackson R.E. Phillips Award recipient. Oakland County Treasurer Pat Dohany is the first County Treasurer to be elected president of the Association of Public Treasurers for the United States and Canada in the 40 year history of the organization. Chairperson Bill Bullard, Jr., along with Commissioners William Molnar, Charles Palmer, Chuck Moss, and George Suarez presented a proclamation to Rebecca Johns, a Troy High School teacher, for being selected to serve as a science ambassador. Only one of 15 teachers in the nation have received this distinction. In addition, Rebecca Johns is recognized as a Science Ambassador participant in the Centers for Disease Control and Prevention’s National Center on Birth Defects and Developmental Disabilities program. Victor Mercado, Director of the Detroit Water and Sewerage Department addressed the Board with a presentation on the status of the Detroit Water and Sewerage conditions and its relation to Oakland County. After his presentation Victor Mercado asked the Commissioners for any questions or concerns in regards to this matter. Discussion followed. Chairperson Bill Bullard, Jr. requested a hard copy of the presentation, and Victor Mercado, Director of the Detroit Water and Sewerage Department stated he would send Chairperson Bill Bullard, Jr. a hard copy along with a disk. Discussion followed. The following people addressed the Board: Robert J. Daddow, Deputy County Executive I addressed the Board with an update on the relief efforts Oakland County is doing for the victims of hurricane Katrina. Allan Meltzer also addressed the Board. Deputy Clerk/Register of Deeds James H. VanLeuven read a communication from Oakland County Executive, L. Brooks Patterson appointing Ms. Kathy C. Forzley, Administrator-Environmental Health Services, Oakland County Health Division, Department of Health and Human Services, as his Administration’s representative on the Well Advisory Committee for a three year term ending September 23, 2008. Commissioners Minutes Continued. September 22, 2005 396 Deputy Clerk/Register of Deeds James H. VanLeuven read a communication from Oakland County Sheriff, Michael J. Bouchard in regards to the establishment of a Criminal Justice Coordinating Council. Oakland County Sheriff, Michael J. Bouchard designated Ann Russell, Corrections Administrator as his alternate for participation on the Criminal Justice Coordinating Council. Deputy Clerk/Register of Deeds James H. VanLeuven read a communication from the Honorable Preston G. Thomas, Chief Judge Pro-Tempore of the 50th District Court of Pontiac advising the Oakland County Board of Commissioners the Oakland County District Judges Association nominated and selected Judge Preston G. Thomas as its representative to the Criminal Justice Coordinating Council. In addition, Judge Marc B. Barron, 48th District Court of Bloomfield Hills, was selected as an alternate. Deputy Clerk/Register of Deeds James H. VanLeuven read a communication from Chairperson Bill Bullard, Jr., appointing Commissioner Tom Middleton to the Lake Board of Eagle Lake. Moved by Moss supported by Gregory the resolutions on the Consent Agenda be adopted (with accompanying reports being accepted). (The vote for this motion appears on page 428.) The resolutions on the Consent Agenda follow (annotated by an asterisk {*}): *MISCELLANEOUS RESOLUTION #05188 BY: Chuck Moss, District #20 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF BIRMINGHAM – FISCAL YEAR 2005 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners via Miscellaneous Resolution #05061 approved the extension of the West Nile Virus Fund for Fiscal Year 2005; and WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the City of Birmingham has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the Fiscal Year 2005 authorized amount of funding for the City of Birmingham is $6,720.39 from the West Nile Virus Fund as repayment to the City of Birmingham for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the City of Birmingham as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the Fiscal Year 2005 appropriation in the amount of $6,720.39 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the City of Birmingham for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. CHUCK MOSS Copy of letter from George J. Miller, M.A., Manager/Health Officer of the Oakland County Health Division, West Nile Virus Fund Reimbursement Request, Attachment A - Project Description, and Attachment B - Governing Body Resolution on file in County Clerk’s office. Commissioners Minutes Continued. September 22, 2005 397 FISCAL NOTE (MISC. #05188) BY: Finance Committee, Chuck Moss, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF BIRMINGHAM - FISCAL YEAR 2005 ALLOCATION 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. Funding of $6,720.39 is available in the West Nile Virus Fund for Fiscal Year 2005 to reimburse the City of Birmingham for this project; no additional appropriation is required. 2. The Committee recommends adoption of this resolution. FINANCE COMMITTEE (The vote for this motion appears on page 428.) *MISCELLANEOUS RESOLUTION #05189 BY: Sue Ann Douglas, District #12, William D. Molnar, District #13, Tim Melton, District #11 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF ROCHESTER HILLS – FISCAL YEAR 2005 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners via Miscellaneous Resolution #05061 approved the extension of the West Nile Virus Fund for Fiscal Year 2005; and WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the City of Rochester Hills has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the Fiscal Year 2005 authorized amount of funding for the City of Rochester Hills is $26,149.74 from the West Nile Virus Fund as repayment to the City of Rochester Hills for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the City of Rochester Hills as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the Fiscal Year 2005 appropriation in the amount of $26,149.74 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the City of Rochester Hills for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. SUE ANN DOUGLAS, TIM MELTON, WILLIAM MOLNAR Copy of letter from George J. Miller, M.A., Manager/Health Officer of the Oakland County Health Division, West Nile Virus Fund Reimbursement Request, Certified Copy of Resolution Authorizing the Parks and Forestry Director to be the Agent for the City of Rochester Hills for Oakland County’s West Nile Virus Fund Program, letter from Michael A. Hartner, Director of Parks and Forestry Department for City of Rochester Hills, Attachment A - Project Description, Attachment B - Governing Body Resolution, Attachment C - Expense Invoices on file in County Clerk’s office. Commissioners Minutes Continued. September 22, 2005 398 FISCAL NOTE (MISC. #05189) BY: Finance Committee, Chuck Moss, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF ROCHESTER HILLS - FISCAL YEAR 2005 ALLOCATION 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. Funding of $26,149.74 is available in the West Nile Virus Fund for Fiscal Year 2005 to reimburse the City of Rochester Hills for this project; no additional appropriation is required. 2. The Committee recommends adoption of this resolution. FINANCE COMMITTEE (The vote for this motion appears on page 428.) *MISCELLANEOUS RESOLUTION #05190 BY: Marcia Gershenson, District #17 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE VILLAGE OF BINGHAM FARMS – FISCAL YEAR 2005 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners via Miscellaneous Resolution #05061 approved the extension of the West Nile Virus Fund for Fiscal Year 2005; and WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the Village of Bingham Farms has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the Fiscal Year 2005 authorized amount of funding for the Village of Bingham Farms is $487.70 from the West Nile Virus Fund as repayment to the Village of Bingham Farms for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the Village of Bingham Farms as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the Fiscal Year 2005 appropriation in the amount of $487.70 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the Village of Bingham Farms for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. MARCIA GERSHENSON Copy of letter from George J. Miller, M.A., Manager/Health Officer of Oakland County Health Division, Request for West Nile Virus Fund Reimbursements, Attachment A - Project Description, Attachment B - Governing Body Resolution, and Attachment C - Expense Invoices on file in County Clerk’s office. FISCAL NOTE (MISC. #05190) BY: Finance Committee, Chuck Moss, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE VILLAGE OF BINGHAM FARMS - FISCAL YEAR 2005 ALLOCATION 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. September 22, 2005 399 resolution and finds: 1. Funding of $487.70 is available in the West Nile Virus Fund for Fiscal Year 2005 to reimburse the Village of Bingham Farms for this project; no additional appropriation is required. 2. The Committee recommends adoption of this resolution. FINANCE COMMITTEE (The vote for this motion appears on page 428.) *MISCELLANEOUS RESOLUTION #05192 BY: Eric Coleman, District #23, Helaine Zack, District #22, and Vincent Gregory, District #21 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF SOUTHFIELD – FISCAL YEAR 2005 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners via Miscellaneous Resolution #05061 approved the extension of the West Nile Virus Fund for Fiscal Year 2005; and WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the City of Southfield has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the Fiscal Year 2005 authorized amount of funding for the City of Southfield is $28,199.47 from the West Nile Virus Fund as repayment to the City of Southfield for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the City of Southfield as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the Fiscal Year 2005 appropriation in the amount of $28,199.47 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the City of Southfield for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. ERIC COLEMAN Copy of letter from George J. Miller, M.A., Manager/Health Officer of the Oakland County Health Division, letter from Thomas Vukonich, P.E., Director of Public Works, City of Southfield, Attachment A - Project Description, Attachment B - Governing Body Resolution, and Attachment C - Expense Invoices on file in County Clerk’s office. FISCAL NOTE (MISC. #05192) BY: Finance Committee, Chuck Moss, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF SOUTHFIELD - FISCAL YEAR 2005 ALLOCATION 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. Funding of $28,199.47 is available in the West Nile Virus Fund for Fiscal Year 2005 to reimburse the City of Southfield for this project; no additional appropriation is required. 2. The Committee recommends adoption of this resolution. FINANCE COMMITTEE (The vote for this motion appears on page 428.) Commissioners Minutes Continued. September 22, 2005 400 *MISCELLANEOUS RESOLUTION #05193 BY: Vincent Gregory, District #21 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF BERKLEY – FISCAL YEAR 2005 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners via Miscellaneous Resolution #05061 approved the extension of the West Nile Virus Fund for Fiscal Year 2005; and WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the City of Berkley has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the Fiscal Year 2005 authorized amount of funding for the City of Berkley is $5,234.20 from the West Nile Virus Fund as repayment to the City of Berkley for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the City of Berkley as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the Fiscal Year 2005 appropriation in the amount of $5,234.20 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the City of Berkley for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. VINCENT GREGORY Copy of letter form George J. Miller, M.A., Manager/Health Officer of the Oakland County Health Division, West Nile Virus Fund Reimbursement Request 2005, Attachment A - Project Description, Attachment B - Governing Body Resolution, and Attachment C - Expense Invoices on file in County Clerk’s office. FISCAL NOTE (MISC. #05193) BY: Finance Committee, Chuck Moss, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF BERKLEY - FISCAL YEAR 2005 ALLOCATION 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. Funding of $5,234.20 is available in the West Nile Virus Fund for Fiscal Year 2005 to reimburse the City of Berkley for this project; no additional appropriation is required. 2. The Committee recommends adoption of this resolution. FINANCE COMMITTEE (The vote for this motion appears on page 428.) *MISCELLANEOUS RESOLUTION #05194 BY: Christine Long, District #7 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN COMMERCE TOWNSHIP AND VILLAGE OF WOLVERINE LAKE – FISCAL YEAR 2005 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners via Miscellaneous Resolution #05061 approved the extension of the West Nile Virus Fund for Fiscal Year 2005; and WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and Commissioners Minutes Continued. September 22, 2005 401 townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, Commerce Township and Village of Wolverine Lake have submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the Fiscal Year 2005 authorized amount of funding for Commerce Township and Village of Wolverine Lake is $15,039.56 (Commerce Township $13,420.99, Village of Wolverine Lake $1,618.57) from the West Nile Virus Fund as repayment to Commerce Township and Village of Wolverine Lake for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by Commerce Township and Village of Wolverine Lake as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the Fiscal Year 2005 appropriation in the amount of $15,039.56 (Commerce Township $13,420.99, Village of Wolverine Lake $1,618.57) from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay Commerce Township and Village of Wolverine Lake for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. CHRISTINE LONG Copy of letter from George J. Miller, M.A., Manager/Health Officer of Oakland County Health Division, Request for West Nile Virus Fund Reimbursement, Attachment A - Project Description, Attachment B - Governing Body Resolution, and Attachment C - Expense Invoices on file in County Clerk’s office. FISCAL NOTE (MISC. #05194) BY: Finance Committee, Chuck Moss, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN COMMERCE TOWNSHIP AND VILLAGE OF WOLVERINE LAKE - FISCAL YEAR 2005 ALLOCATION 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. Funding of $15,039.56 (Commerce Township $13,420.99, Village of Wolverine Lake $1,618.57) is available in the West Nile Virus Fund for Fiscal Year 2005 to reimburse Commerce Township and Village of Wolverine Lake for this project; no additional appropriation is required. 2. The Committee recommends adoption of this resolution. FINANCE COMMITTEE (The vote for this motion appears on page 428.) *MISCELLANEOUS RESOLUTION #05195 BY: Christine Long, District #7 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE TOWNSHIP OF MILFORD – FISCAL YEAR 2005 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners via Miscellaneous Resolution #05061 approved the extension of the West Nile Virus Fund for Fiscal Year 2005; and WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the Township of Milford has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and Commissioners Minutes Continued. September 22, 2005 402 WHEREAS the Fiscal Year 2005 authorized amount of funding for the Township of Milford is $7,325.97 from the West Nile Virus Fund as repayment to the Township of Milford for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the Township of Milford as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the Fiscal Year 2005 appropriation in the amount of $7,325.97 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the Township of Milford for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. CHRISTINE LONG FISCAL NOTE (MISC. #05195) BY: Finance Committee, Chuck Moss, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE TOWNSHIP OF MILFORD - FISCAL YEAR 2005 ALLOCATION 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. Funding of $7,325.97 is available in the West Nile Virus Fund for Fiscal Year 2005 to reimburse the Village of Milford for this project; no additional appropriation is required. 2. The Committee recommends adoption of this resolution. FINANCE COMMITTEE (The vote for this motion appears on page 428.) *MISCELLANEOUS RESOLUTION #05196 BY: Eric Wilson, District #3 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CHARTER TOWNSHIP OF OAKLAND – FISCAL YEAR 2005 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners via Miscellaneous Resolution #05061 approved the extension of the West Nile Virus Fund for Fiscal Year 2005; and WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the Charter Township of Oakland has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the Fiscal Year 2005 authorized amount of funding for the Charter Township of Oakland is $9,158.54 from the West Nile Virus Fund as repayment to the Charter Township of Oakland for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the Charter Township of Oakland as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the Fiscal Year 2005 appropriation in the amount of $9,158.54 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the Charter Township of Oakland for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. ERIC WILSON Commissioners Minutes Continued. September 22, 2005 403 Copy of letters from George J. Miller, M.A., Manager/Health Officer of the Oakland County Health Division, Elaine Leven, Administrative Assistant to the Oakland Township Manager, Greg Seago of Advanced Pest Management, and Resolution 05-17 Authorizing West Nile Virus Fund Expense Reimbursement on file in County Clerk’s office. FISCAL NOTE (MISC. #05196) BY: Finance Committee, Chuck Moss, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CHARTER TOWNSHIP OF OAKLAND - FISCAL YEAR 2005 ALLOCATION 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. Funding of $9,158.54 is available in the West Nile Virus Fund for Fiscal Year 2005 to reimburse the Charter Township of Oakland for this project; no additional appropriation is required. 2. The Committee recommends adoption of this resolution. FINANCE COMMITTEE (The vote for this motion appears on page 428.) *MISCELLANEOUS RESOLUTION #05197 BY: Mattie McKinney Hatchett, District #10 and Tim Melton, District #11 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF PONTIAC – FISCAL YEAR 2005 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners via Miscellaneous Resolution #05061 approved the extension of the West Nile Virus Fund for Fiscal Year 2005; and WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the City of Pontiac has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the Fiscal Year 2005 authorized amount of funding for the City of Pontiac is $23,628.15 from the West Nile Virus Fund as repayment to the City of Pontiac for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the City of Pontiac as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the Fiscal Year 2005 appropriation in the amount of $23,628.15 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the City of Pontiac for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. MATTIE HATCHETT, TIM MELTON Copy of letter from George J. Miller, M.A., Manager/Health Officer of the Oakland County Health Division, Request for West Nile Virus Fund Reimbursement, Attachment A - Project Description, Attachment B - Governing Body Resolution, and Attachment C - Expense Invoices on file in County Clerk’s office. Commissioners Minutes Continued. September 22, 2005 404 FISCAL NOTE (MISC. #05197) BY: Finance Committee, Chuck Moss, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF PONTIAC - FISCAL YEAR 2005 ALLOCATION 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. Funding of $23,628.15 is available in the West Nile Virus Fund for Fiscal Year 2005 to reimburse the City of Pontiac for this project; no additional appropriation is required. 2. The Committee recommends adoption of this resolution. FINANCE COMMITTEE (The vote for this motion appears on page 428.) *MISCELLANEOUS RESOLUTION #05198 BY: Hugh D. Crawford, District #9 and Jeff Potter, District #8 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF NOVI – FISCAL YEAR 2005 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners via Miscellaneous Resolution #05061 approved the extension of the West Nile Virus Fund for Fiscal Year 2005; and WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the City of Novi has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the Fiscal Year 2005 authorized amount of funding for the City of Novi is $19,191.92 from the West Nile Virus Fund as repayment to the City of Novi for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the City of Novi as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the Fiscal Year 2005 appropriation in the amount of $19,191.92 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the City of Novi for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. HUGH CRAWFORD Copy of letter from George J. Miller, M.A., Manager/Health Officer of the Oakland County Health Division, West Nile Virus Fund Reimbursement Request, Attachment A - Project Description, Attachment B - City Council Resolution, and Attachment C - Expense Invoices on file in County Clerk’s office. FISCAL NOTE (MISC. #05198) BY: Finance Committee, Chuck Moss, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF NOVI - FISCAL YEAR 2005 ALLOCATION 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. September 22, 2005 405 resolution and finds: 1. Funding of $19,191.92 is available in the West Nile Virus Fund for Fiscal Year 2005 to reimburse the City of Novi for this project; no additional appropriation is required. 2. The Committee recommends adoption of this resolution. FINANCE COMMITTEE (The vote for this motion appears on page 428.) *MISCELLANEOUS RESOLUTION #05199 BY: Jeff Potter, District #8 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF WIXOM – FISCAL YEAR 2005 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners via Miscellaneous Resolution #05061 approved the extension of the West Nile Virus Fund for Fiscal Year 2005; and WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the City of Wixom has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the Fiscal Year 2005 authorized amount of funding for the City of Wixom is $5,454.57 from the West Nile Virus Fund as repayment to the City of Wixom for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the City of Wixom as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the Fiscal Year 2005 appropriation in the amount of $5,454.57 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the City of Wixom for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. JEFF POTTER Copy of letter from George J. Miller, M.A., Manager/Health Officer of the Oakland County Health Division, Request for West Nile Virus Fund Reimbursement, Project Description, City of Wixom Resolution #2005- 27, and West Nile Virus 2005 Expenditures on file in County Clerk’s office. FISCAL NOTE (MISC. #05199) BY: Finance Committee, Chuck Moss, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF WIXOM - FISCAL YEAR 2005 ALLOCATION 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. Funding of $5,454.57 is available in the West Nile Virus Fund for Fiscal Year 2005 to reimburse the City of Wixom for this project; no additional appropriation is required. 2. The Committee recommends adoption of this resolution. FINANCE COMMITTEE (The vote for this motion appears on page 428.) Commissioners Minutes Continued. September 22, 2005 406 *MISCELLANEOUS RESOLUTION #05200 BY: Jeff Potter, District #8 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF SOUTH LYON – FISCAL YEAR 2005 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners via Miscellaneous Resolution #05061 approved the extension of the West Nile Virus Fund for Fiscal Year 2005; and WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the City of South Lyon has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the Fiscal Year 2005 authorized amount of funding for the City of South Lyon is $3,659.29 from the West Nile Virus Fund as repayment to the City of South Lyon for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the City of South Lyon as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the Fiscal Year 2005 appropriation in the amount of $3,659.29 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the City of South Lyon for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. JEFF POTTER Copy of letter from George J. Miller, M.A., Manager/Health Officer of Oakland County Health Division, West Nile Virus Fund Reimbursement Request, and Oakland County West Nile Virus Fund Program Request for Reimbursement on file in County Clerk’s office. FISCAL NOTE (MISC. #05200) BY: Finance Committee, Chuck Moss, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF SOUTH LYON - FISCAL YEAR 2005 ALLOCATION 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. Funding of $3,659.29 is available in the West Nile Virus Fund for Fiscal Year 2005 to reimburse the City of South Lyon for this project; no additional appropriation is required. 2. The Committee recommends adoption of this resolution. FINANCE COMMITTEE (The vote for this motion appears on page 428.) *MISCELLANEOUS RESOLUTION #05201 BY: Jeff Potter, District #8 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF WALLED LAKE – FISCAL YEAR 2005 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners via Miscellaneous Resolution #05061 approved the extension of the West Nile Virus Fund for Fiscal Year 2005; and WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and Commissioners Minutes Continued. September 22, 2005 407 townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the City of Walled Lake has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the Fiscal Year 2005 authorized amount of funding for the City of Walled Lake is $2,433.87 from the West Nile Virus Fund as repayment to the City of Walled Lake for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the City of Walled Lake as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the Fiscal Year 2005 appropriation in the amount of $2,433.87 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the City of Walled Lake for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. JEFF POTTER Copy of letter from George J. Miller, M.A., Manager/Health Officer of Oakland County Health Division, letter from Lisa McGill, Public Works Services Coordinator for the City of Walled Lake, Appendix A, and City of Walled Lake Resolution on file in County Clerk’s office. FISCAL NOTE (MISC. #05201) BY: Finance Committee, Chuck Moss, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF WALLED LAKE - FISCAL YEAR 2005 ALLOCATION 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. Funding of $2,433.87 is available in the West Nile Virus Fund for Fiscal Year 2005 to reimburse the City of Walled Lake for this project; no additional appropriation is required. 2. The Committee recommends adoption of this resolution. FINANCE COMMITTEE (The vote for this motion appears on page 428.) *MISCELLANEOUS RESOLUTION #05202 BY: Bill Bullard, Jr., District #2 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE TOWNSHIP OF SPRINGFIELD – FISCAL YEAR 2005 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners via Miscellaneous Resolution #05061 approved the extension of the West Nile Virus Fund for Fiscal Year 2005; and WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the Township of Springfield has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the Fiscal Year 2005 authorized amount of funding for the Township of Springfield is $9,238.32 from the West Nile Virus Fund as repayment to the Township of Springfield for expenses incurred in connection with mosquito control projects. Commissioners Minutes Continued. September 22, 2005 408 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the Township of Springfield as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the Fiscal Year 2005 appropriation in the amount of $9,238.32 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the Township of Springfield for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. BILL BULLARD Copy of letter from George J. Miller, M.A., Manager/Health Officer of Oakland County Health Division, letter from Collin W. Walls, Supervisor of Charter Township of Springfield, Springfield Township West Nile Virus Education and Control Project Plan Fiscal Year 2005, and Resolution Authorizing West Nile Virus Fund Expense Reimbursement Request on file in County Clerk’s office. FISCAL NOTE (MISC. #05202) BY: Finance Committee, Chuck Moss, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE TOWNSHIP OF SPRINGFIELD - FISCAL YEAR 2005 ALLOCATION 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. Funding of $9,238.32 is available in the West Nile Virus Fund for Fiscal Year 2005 to reimburse the Township of Springfield for this project; no additional appropriation is required. 2. The Committee recommends adoption of this resolution. FINANCE COMMITTEE (The vote for this motion appears on page 428.) *MISCELLANEOUS RESOLUTION #05203 BY: Bill Bullard, Jr., District #2 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE TOWNSHIP OF ROSE – FISCAL YEAR 2005 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners via Miscellaneous Resolution #05061 approved the extension of the West Nile Virus Fund for Fiscal Year 2005; and WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the Township of Rose has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the Fiscal Year 2005 authorized amount of funding for the Township of Rose is $6,927.97 from the West Nile Virus Fund as repayment to the Township of Rose for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the Township of Rose as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the Fiscal Year 2005 appropriation in the amount of $6,927.97 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the Township of Rose for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Commissioners Minutes Continued. September 22, 2005 409 Chairperson, I move the adoption of the foregoing resolution. BILL BULLARD Copy of letter from George J. Miller, M.A., Manager/Health Officer of the Oakland County Health Division, letters and minutes from the April 13, 2005, Board of Trustees meeting from Chester W. Koop, Rose Township Supervisor, expense invoices, project description, and Rose Township Authorization Requesting West Nile Virus Fund Reimbursement on file in County Clerk’s office. FISCAL NOTE (MISC. #05203) BY: Finance Committee, Chuck Moss, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE TOWNSHIP OF ROSE - FISCAL YEAR 2005 ALLOCATION 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. Funding of $6,927.97 is available in the West Nile Virus Fund for Fiscal Year 2005 to reimburse the Township of Rose for this project; no additional appropriation is required. 2. The Committee recommends adoption of this resolution. FINANCE COMMITTEE (The vote for this motion appears on page 428.) *MISCELLANEOUS RESOLUTION #05204 BY: William R. Patterson, District #1 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CHARTER TOWNSHIP OF OXFORD – FISCAL YEAR 2005 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners via Miscellaneous Resolution #05061 approved the extension of the West Nile Virus Fund for Fiscal Year 2005; and WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the Charter Township of Oxford has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the Fiscal Year 2005 authorized amount of funding for the Charter Township of Oxford is $8,591.71 from the West Nile Virus Fund as repayment to the Charter Township of Oxford for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the Charter Township of Oxford as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the Fiscal Year 2005 appropriation in the amount of $8,591.71 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the Charter Township of Oxford for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. WILLIAM PATTERSON Copy of letter from George J. Miller, M.A., Manager/Health Officer of the Oakland County Health Division, letter from Joseph G. Ferrari, Treasurer of Charter Township of Oxford, Resolution Authorizing West Nile Virus Fund Expense Reimbursement Request, and Invoice from Tri-County Pest Control, Inc. on file in County Clerk’s office. Commissioners Minutes Continued. September 22, 2005 410 FISCAL NOTE (MISC. #05204) BY: Finance Committee, Chuck Moss, Chairperson IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CHARTER TOWNSHIP OF OXFORD - FISCAL YEAR 2005 ALLOCATION 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. Funding of $8,591.71 is available in the West Nile Virus Fund for Fiscal Year 2005 to reimburse the Charter Township of Oxford for this project; no additional appropriation is required. 2. The Committee recommends adoption of this resolution. FINANCE COMMITTEE (The vote for this motion appears on page 428.) *MISCELLANEOUS RESOLUTION #05206 BY: Finance Committee, Chuck Moss, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET/EQUALIZATION DIVISION - CONCURRENCE OF OAKLAND COUNTY BOARD OF COMMISSIONERS WITH COUNTY EQUALIZATION MANAGER TO ELECT TO AUDIT HOMESTEAD EXEMPTIONS UNDER THE PROVISIONS OF PUBLIC ACT 105 OF 2003, MCL 211.7cc(10) FOR THE PERIOD OF OCTOBER 1, 2005, THROUGH SEPTEMBER 30, 2007 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS as authorized by Miscellaneous Resolution #03253, Oakland County participated in the homestead exemption audit program under Public Act 105 of 2003 which gives authority to counties to deny improper homestead exemptions and pays counties for the work involved in reviewing such homestead exemptions; and WHEREAS PA 105 imposes interest of 1- 1/4 percent per month on denied homestead exemptions, and earmarks that interest to townships/cities, counties, and the Department of Treasury with seventy percent (70%) of the interest going to the entity that denies the exemption and the other entities sharing the remaining interest; and WHEREAS during the initial audit period of 2003-2005, counties using available county and local records have identified substantial numbers of properties that should not be receiving the principal residence exemption and have brought in sufficient revenue to fund additional positions; and WHEREAS Oakland County desires to renew "opting in" to the audit program for the period October 1, 2005, through September 30, 2007, and such election must be signified to the Michigan Department of Treasury Principal Residence Exemption Unit not later than October 1, 2005; and WHEREAS the election by County Equalization Manager to audit homestead exemptions under the provisions of PA 105 of 2003 needs the concurrence of the County Board of Commissioners. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby gives authority to the Oakland County Equalization Manager to elect to audit homestead exemptions under the provisions of PA 105 of 2003 for the period October 1, 2005, through September 30, 2007. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE (The vote for this motion appears on page 428.) Commissioners Minutes Continued. September 22, 2005 411 *REPORT (MISC. #05185) BY: Personnel Committee, Gregory C. Jamian, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – EXTENSION OF ADDITIONAL COMPENSATION FOR OVERTIME EXEMPT EMPLOYEES FOR SPECIFIC PURPOSES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee having reviewed Miscellaneous Resolution #05185 on September 14, 2005, Reports to the Board with the recommendation the resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION #05185 BY: General Government Committee, William R. Patterson, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - EXTENSION OF ADDITIONAL COMPENSATION FOR OVERTIME EXEMPT EMPLOYEES FOR SPECIFIC PURPOSES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolutions #04195, #03183, #02136 and #99155 authorized additional compensation for overtime exempt employees in the Information Technology Department at a straight- time hourly rate for all hours worked beyond 48 hours in a workweek for specific, pre-approved assignments; and WHEREAS the Human Resources Department initially developed and proposed this approach in response to the occasional, identified need of the Information Technology Department to address a particular technical project or problem; and WHEREAS the Human Resources Department has assessed the value and cost of this program and found it provides the Director of Information Technology with an effective management tool which is cost and project effective compared to other alternatives such as contracted staff; and WHEREAS updated usage statistics of Additional Compensation for Overtime Exempt Employees is provided to the Board of Commissioners in each Information Technology Master Plan Quarterly Status report; and WHEREAS Miscellaneous Resolution #04195 required that this additional compensation provision be subject to review and evaluation for continuation by the Board of Commissioners after one year. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes, for one year, Fiscal Year 2006, additional compensation for overtime exempt employees in the Information Technology Department (excluding Managers and the Director) at a straight-time hourly rate for all hours worked beyond 48 hours in a workweek (hours worked beyond 48 in a workweek must be pre-approved by supervision in order to be compensable) for specific pre-approved assignments. BE IT FURTHER RESOLVED that Information Technology will continue to report on the usage of additional compensation for overtime exempt employees in the Master Plan Quarterly Status document. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE FISCAL NOTE (MISC. #05185) BY: Finance Committee, Chuck Moss, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - EXTENSION OF ADDITIONAL COMPENSATION FOR OVERTIME EXEMPT EMPLOYEES FOR SPECIFIC PURPOSES 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. Per Miscellaneous Resolutions #04192, #03183, #02136 and #99155, the Department of Information Technology was authorized Additional Compensation for Overtime Exempt Employees to assist with specific pre-approved assignments and to provide a cost-effective alternative to adding temporary contractual staff. Commissioners Minutes Continued. September 22, 2005 412 2. The Additional Compensation was provided to employees as pre-approved by supervision who worked beyond a 48-hour workweek, at a straight time hourly rate. 3. This additional compensation provision is estimated at $12,000 for Fiscal Year 2006 and is based on previous usage for Fiscal Year 2002 – Fiscal Year 2005. 4. Funding is available in the Fiscal Year 2006 Finance Committee Recommended Budget for Information Technology Fund. No budget amendment is required. FINANCE COMMITTEE (The vote for this motion appears on page 428.) *MISCELLANEOUS RESOLUTION #05207 BY: General Government Committee, William R. Patterson, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION - 2005/2006 COMPREHENSIVE PLANNING, BUDGETING AND CONTRACTING (CPBC) AGREEMENT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Department of Community Health (MDCH) has awarded the Oakland County Health Division funding in the amount of $7,854,416, which is a 3.14% ($254,759) decrease from the Fiscal Year 2004/2005 amended allocation of $8,109,175; and WHEREAS the budget detail for the various programs is a matter of negotiation between the Health Division and MDCH; amendments will be recommended to the Fiscal Year 2005 Budget when details are finalized; and WHEREAS this agreement is for the period of October 1, 2005, through September 30, 2006; and WHEREAS the CPBC Agreement has been submitted through the County Executive Review Process and is recommended for approval. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby accepts the 2005/2006 Comprehensive Planning, Budgeting, and Contracting (CPBC) agreement for funding in the amount of $7,854,416 for the period of October 1, 2005, through September 30, 2006. BE IT FURTHER RESOLVED that the future level of service, including personnel, be contingent upon the level of funding for this program. BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute this agreement, any changes and extensions to the agreement not to exceed fifteen percent (15%), which is consistent with the agreement as originally approved. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes its Chairperson to execute this Agreement subject to the following additional condition: That the County's approval for entering into this Agreement is specifically conditioned and premised upon the acceptance, approval and execution of the Agreement containing Addendum A, by the Michigan Department of Community Health, and that the failure of the Michigan Department of Community Health to execute the Agreement as specified shall, without any further act of the Oakland County Board of Commissioners, automatically negate and void the County’s approval and/or acceptance of this agreement as provided for in this resolution. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Grant Review – Health Division on file in County Clerk’s office. FISCAL NOTE (MISC. #05207) BY: Finance Committee, Chuck Moss, Chairperson IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION – 2005/2006 COMPREHENSIVE PLANNING, BUDGETING AND CONTRACTING (CPBC) AGREEMENT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced Commissioners Minutes Continued. September 22, 2005 413 resolution and finds: 1. The Michigan Department of Community Health (MDCH) has awarded Oakland County Health Division funding in the amount of $7,854,416 for the period of October 1, 2005, through September 30, 2006. This award reflects a 3.14% ($254,759) decrease from the Fiscal Year 2004/2005 amended funding allocation of $8,109,175. 2. Total Health Fund Revenue is as follows: Michigan Dept. of Community Health $2,276,272 Food Protection 853,593 Sexually Transmitted Disease 109,696 Total Health Fund $3,239,561 3. Total Grant Fund Revenue is as follows: Aids Prevention $ 497,900 Bioterror Coordinator 464,765 Cities Readiness Initiative 279,525 EPI Planner Workplace 10,000 Childhood Lead 70,000 Early Warning Infestious Dis. Surv. 5,000 Immunization Action Plan 510,906 CSHCS Outreach and Advocacy 187,500 Infant Mortality Coalition Support 130,000 Maternal and Infant Support 312,872 Child Health Conference 20,092 TB Control 49,724 Laboratory Program 126,286 Vaccine Replacement/Handling 121,879 Nurse Family Partnership 324,155 WIC Residential Services 1,504,251 Total Grant 4,614,855 Grand Total $7,854,416 4. The Fiscal Year 2006 Adopted Budget will be amended after finalization of the CPBC funding structure. FINANCE COMMITTEE (The vote for this motion appears on page 428.) *MISCELLANEOUS RESOLUTION #05208 BY: General Government Committee, William R. Patterson, Chairperson IN RE: INFORMATION TECHNOLOGY - AMENDMENT TO EXTEND THE INTERGOVERNMENTAL AGREEMENT TO PROVIDE ACCESS OAKLAND PRODUCTS TO THE OAKLAND-LIVINGSTON HUMAN SERVICE AGENCY (OLHSA) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland Livingston Human Service Agency has requested access to Access Oakland products; and WHEREAS the use of these products has previously been provided pursuant to an intergovernmental agreement which was prepared (as attached) by the County’s Corporation Counsel; and WHEREAS an amendment to extend the interagency agreement has been drafted (as attached) by the County’s Corporation Counsel; and WHEREAS State statutes (MCL 45.556-p) state that the Board of Commissioners has the power to “enter into agreements with other governmental or quasi-governmental entities for the performance of services jointly”; and WHEREAS the use of these products benefit the County’s residents. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the attached amendment to extend the intergovernmental agreement and authorizes the continued use of Access Oakland products upon the review and acceptance of the finalized Amendment by Corporation Counsel. Commissioners Minutes Continued. September 22, 2005 414 BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the Amendment on behalf of Oakland County, and hereby accepts and binds Oakland County to the terms and conditions of this Amendment. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Intergovernmental Agreement Between the County of Oakland and the Oakland Livingston Human Service Agency (OLHSA), and Amendment to Extend the Intergovernmental Agreement Between the County of Oakland and the Oakland Livingston Human Service Agency (OLHSA) on file in County Clerk’s office. (The vote for this motion appears on page 428.) *MISCELLANEOUS RESOLUTION #05209 BY: General Government Committee, William R. Patterson, Chairperson IN RE: INFORMATION TECHNOLOGY - AMENDMENT TO EXTEND THE INTERGOVERNMENTAL AGREEMENT TO TRANSFER GIS AND RELATED DATA TO ROAD COMMISSION FOR OAKLAND COUNTY (RCOC) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS RCOC has requested certain geographic information systems (GIS) and related land data for use in its projects to be conducted within the County borders; and WHEREAS the transmission of this data has previously been provided pursuant to an intergovernmental agreement which was prepared (as attached) by the County’s Corporation Counsel; and WHEREAS an amendment to extend the interagency agreement has been drafted (as attached) by the County’s Corporation Counsel; and WHEREAS State statutes (MCL 45.556-p) state that the Board of Commissioners has the power to “Enter into agreements with other governmental or quasi-governmental entities for the performance of services jointly”; and WHEREAS the transmission of the data is a benefit to the County’s residents. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the attached amendment to extend the intergovernmental agreement and authorizes the continued transfer of the information cited therein, upon the review and acceptance of the finalized Amendment by Corporation Counsel. BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the Amendment on behalf of Oakland County, and hereby accepts and binds Oakland County to the terms and conditions of this Amendment. Chairperson, on behalf of the General Government Committee I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Intergovernmental Agreement Between the County of Oakland and the Road Commission for Oakland County, and Amendment to Extend the Intergovernmental Agreement Between the County of Oakland and the Road Commission for Oakland County on file in County Clerk’s office. (The vote for this motion appears on page 428.) Commissioners Minutes Continued. September 22, 2005 415 *MISCELLANEOUS RESOLUTION #05210 BY: General Government Committee, William R. Patterson, Chairperson IN RE: INFORMATION TECHNOLOGY - AMENDMENT TO EXTEND THE INTERGOVERNMENTAL AGREEMENT TO TRANSFER GIS AND RELATED DATA TO SOUTHEAST MICHIGAN COUNCIL OF GOVERNMENTS (SEMCOG) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS SEMCOG has requested certain geographic information systems (GIS) and related land data for use in its projects to be conducted within the County borders; and WHEREAS the transmission of this data has previously been provided pursuant to an intergovernmental agreement which was prepared (as attached) by the County’s Corporation Counsel; and WHEREAS an amendment to extend the interagency agreement has been drafted (as attached) by the County’s Corporation Counsel; and WHEREAS State statutes (MCL 45.556-p) state that the Board of Commissioners has the power to “enter into agreements with other governmental or quasi-governmental entities for the performance of services jointly”; and WHEREAS the transmission of the data is a benefit to the County’s residents. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the attached amendment to extend the intergovernmental agreement and authorizes the continued transfer of the information cited therein, upon the review and acceptance of the finalized amendment by Corporation Counsel. BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the Amendment on behalf of Oakland County, and hereby accepts and binds Oakland County to the terms and conditions of this Amendment. Chairperson, on behalf of the General Government Committee I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Intergovernmental Agreement Between the County of Oakland and Southeast Michigan Council of Governments, and Amendment to Extend the Intergovernmental Agreement Between the County of Oakland and the Southeast Michigan Council of Governments on file in County Clerk’s office. (The vote for this motion appears on page 428.) *MISCELLANEOUS RESOLUTION #05211 BY: General Government Committee, William R. Patterson, Chairperson IN RE: INFORMATION TECHNOLOGY - INTERGOVERNMENTAL AGREEMENT TO TRANSFER GIS AND RELATED DATA TO OAKLAND SCHOOLS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland Schools has requested certain geographic information systems (GIS) and related land data for use in its projects to be conducted within the County borders; and WHEREAS the transmission of this data has previously been provided pursuant to an intergovernmental agreement which was prepared by the County’s Corporation Counsel; and WHEREAS the duration of the aforementioned intergovernmental agreement has expired; and WHEREAS a new agreement has been drafted (as attached) by the County’s Corporation Counsel; and WHEREAS State statutes (MCL 45.556-p) state that the Board of Commissioners has the power to “enter into agreements with other governmental or quasi-governmental entities for the performance of services jointly”; and WHEREAS the transmission of the data would benefit the County’s residents. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the attached intergovernmental agreement and authorizes the transfer of the information cited therein, upon the review and acceptance of the finalized Agreement by Corporation Counsel. BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the Agreement on behalf of Oakland County, and hereby accepts and binds Oakland County to the terms and conditions of this Agreement. Commissioners Minutes Continued. September 22, 2005 416 Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Intergovernmental Agreement Between the County of Oakland and Oakland Schools on file in County Clerk’s office. (The vote for this motion appears on page 428.) *MISCELLANEOUS RESOLUTION #05212 BY: General Government Committee, William Patterson, Chairperson IN RE: COUNTY EXECUTIVE/ARTS, CULTURE AND FILM – FISCAL YEAR 2005 MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS ADMINISTRATION PROGRAM GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Council for Arts and Cultural Affairs has awarded Oakland County $10,600 for administrative services relating to its Regional Regranting Program; and WHEREAS this grant is awarded to cover administrative costs associated with the Regional Regranting Program grant; and WHEREAS a fifty percent (50%) local in-kind match in the amount of $10,600 is required; and WHEREAS the Fiscal Year 2004 Administrative services grant reflected funding in the amount of $7,450, the current agreement reflects an increase of $3,150; and WHEREAS Oakland County is self-insured for public liability and property damage and has satisfied the insurance requirements in Section 8 of the contract; and WHEREAS the acceptance of this grant does not obligate the County to any future commitment. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the Michigan Council for Arts and Cultural Affairs Fiscal Year 2005 Administrative Services Acceptance Agreement, and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached. BE IT FURTHER RESOLVED that continuation of this program is contingent upon continued funding. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Grant Review – Office of Arts, Culture and Film on file in the County Clerk’s office. FISCAL NOTE (MISC. #05212) BY: Finance Committee, Chuck Moss, Chairperson IN RE: COUNTY EXECUTIVE/ARTS, CULTURE AND FILM – FISCAL YEAR 2005 MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS ADMINISTRATION PROGRAM GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Michigan Council for Arts and Cultural Affairs has awarded Oakland County $10,600 for administrative services relating to its Regional Regranting Program. 2. The total funding amount of $10,600 is an increase of $3,150 from the previous Fiscal Year 2004 grant award. 3. The County anticipated Fiscal Year 2005 funding in the amount of $7,450. 4. A local in-kind match, in the amount of $10,600, consisting of salary costs expended by the County Executive/Arts, Culture and Film general fund is required. Commissioners Minutes Continued. September 22, 2005 417 5. A budget amendment to the Fiscal Year 2005 Special Revenue Budget is recommended as follows: Revenue FY 2005 11-276-100899-41000-0859 Regranting Oper. Support $ 3,150 Expenditures 11-276-200899-41000-3196 Miscellaneous $ 3,150 $ -0- FINANCE COMMITTEE (The vote for this motion appears on page 428.) *MISCELLANEOUS RESOLUTION #05213 BY: General Government Committee, William Patterson, Chairperson IN RE: COUNTY EXECUTIVE/ARTS, CULTURE AND FILM – FISCAL YEAR 2005 MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS REGRANTING PROGRAM GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Council for Arts and Cultural Affairs has awarded Oakland County $35,800 for its Regional Regranting Program; and WHEREAS the $35,800 is awarded for redistribution to arts and cultural organizations; and WHEREAS the Fiscal Year 2004 Regranting Program reflected funding in the amount of $35,800 which is equal to the current agreement; and WHEREAS Oakland County is self-insured for public liability and property damage and has satisfied the insurance requirements in Section 8 of the contract; and WHEREAS no county match or additional positions are required; and WHEREAS the acceptance of this grant does not obligate the County to any future commitment. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the Michigan Council for Arts and Cultural Affairs Fiscal Year 2005 Regranting Program Acceptance Agreement, and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached. BE IT FURTHER RESOLVED that continuation of this program is contingent upon continued funding. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Grant Review – Office of Arts, Culture and Film on file in County Clerk’s office. FISCAL NOTE (MISC. #05213) BY: Finance Committee, Chuck Moss, Chairperson IN RE: COUNTY EXECUTIVE/ARTS, CULTURE AND FILM – FISCAL YEAR 2005 MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS REGRANTING PROGRAM GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Michigan Council for Arts and Cultural Affairs has awarded Oakland County $35,800 for its Regional Regranting Program. 2. The total funding amount of $35,800 is equal to the previous Fiscal Year 2004 award. 3. The County anticipated Fiscal Year 2005 funding in the amount of $35,800. 4. No County match or additional positions are required. 5. A budget amendment to the Fiscal Year 2005 Special Revenue Budget is not required, as funds are included in the Fiscal Year 2005 Adopted Budget. FINANCE COMMITTEE (The vote for this motion appears on page 428.) Commissioners Minutes Continued. September 22, 2005 418 *MISCELLANEOUS RESOLUTION #05186 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DRAIN COMMISSIONER – OAKLAND COUNTY OXFORD TOWNSHIP WATER SUPPLY SYSTEM BOND RESOLUTION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Charter Township of Oxford (the “Township”) and the County of Oakland (the “County”) have entered into the Oakland County Oxford Township Water Supply System Contract dated as of March 1, 2005, (the "Contract"), pursuant to the provisions of Act 342, Public Acts of Michigan, 1939, as amended (“Act 342”), and especially Sections 5a, 5b and 5c thereof with respect to the acquisition, construction, and financing of facilities constituting the Oakland County Oxford Township Water Supply System (the "Project"); and WHEREAS an estimate of the cost of the Project in the amount of $17,725,000 has been prepared and has been approved by the Board of Commissioners of the County; and WHEREAS this Board of Commissioners desires to proceed with the acquisition, construction and financing of the Project and the issuance of bonds of the County, in one or more series, in an aggregate principal amount of not to exceed $17,725,000 to defray all or part of the cost of the Project. THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland, Michigan, as follows: 1. AUTHORIZATION OF BONDS – PURPOSE. Bonds of the County aggregating the principal sum of not to exceed Seventeen Million Seven Hundred Twenty-Five Thousand Dollars ($17,725,000) shall be issued and sold in one or more series pursuant to the provisions of Act 342, and other applicable statutory provisions, for the purpose of defraying all or part of the cost of the Project. 2. BOND DETAILS. The bonds shall be designated "Oakland County Oxford Township Water Supply System Bonds, Series _____," with the year and a letter as determined by the County Agency to be inserted in the blank in the name of each series of bonds; shall be issued in one or more series in such aggregate principal amounts as determined by the County Agency; shall be dated as of the date approved by the County Agency; shall be numbered from 1 upwards; shall be fully registered; shall be in the denomination of $5,000 each or any integral multiple thereof not exceeding the aggregate principal amount for each maturity at the option of the purchaser thereof; shall bear interest at a rate or rates not exceeding 7% per annum as shall be determined by the County Agency at the time of sale; shall be payable as to interest on such dates as shall be determined by the County Agency; and shall be serial bonds and/or term bonds and mature in such amounts and on such dates and in such years as shall be determined by the County Agency; provided, however, that the final maturity of a series of bonds shall not be more than 30 years after the date that such series of bonds is delivered to the initial purchasers thereof. 3. PAYMENT OF PRINCIPAL AND INTEREST. The principal of and interest on the bonds shall be payable in lawful money of the United States. Principal shall be payable upon presentation and surrender of the bonds to the bond registrar and paying agent as they severally mature. Interest shall be paid to the registered owner of each bond as shown on the registration books at the close of business on the 15th day of the calendar month preceding the month in which the interest payment is due. Interest shall be paid when due by check or draft drawn upon and mailed by the bond registrar and paying agent to the registered owner at the registered address. 4. BOOK-ENTRY SYSTEM. Initially, one fully-registered bond for each maturity, in the aggregate amount of such maturity, shall be issued in the name of Cede and Co., as nominee of The Depository Trust Company ("DTC") for the benefit of other parties (the "Participants") in the book-entry-only transfer system of DTC. In the event the County determines that it is in the best interest of the County not to continue the book-entry system of transfer or that the interests of the holders of the bonds might be adversely affected if the book-entry system of transfer is continued, the County may notify DTC and the bond registrar and paying agent, whereupon DTC will notify the Participants of the availability through DTC of bond certificates. In such event, the bond registrar and Commissioners Minutes Continued. September 22, 2005 419 paying agent shall deliver, transfer and exchange bond certificates as requested by DTC and any Participant or "beneficial owner" in appropriate amounts in accordance with this Resolution. DTC may determine to discontinue providing its services with respect to the bonds at any time by giving notice to the County and the bond registrar and paying agent and discharging its responsibilities with respect thereto under applicable law or the County may determine that DTC is incapable of discharging its duties and may so advise DTC. In either such event, the County shall use reasonable efforts to locate another securities depository. Under such circumstances (if there is no successor securities depository), the County and the bond registrar and paying agent shall be obligated to deliver bond certificates in accordance with the procedures established by this Resolution. In the event bond certificates are issued, the provisions of this Resolution shall apply to, among other things, the transfer and exchange of such certificates and the method of payment of principal of and interest on such certificates. Whenever DTC requests the County and the bond registrar and paying agent to do so, the County and the bond registrar and paying agent shall cooperate with DTC in taking appropriate action after reasonable notice to make available one or more separate certificates evidencing the bonds to any Participant having bonds certified to its DTC account or to arrange for another securities depository to maintain custody of certificates evidencing the bonds. Notwithstanding any other provision of this Resolution to the contrary, so long as any bond is registered in the name of Cede and Co., as nominee of DTC, all payments with respect to the principal of, interest on and redemption premium, if any, on such bonds and all notices with respect to the bonds shall be made and given, respectively, to DTC as provided in the Blanket Issuer Letter of Representations relating to the bonds. The County Treasurer and the County Agency are each authorized to sign the Blanket Issuer Letter of Representations on behalf of the County, in such form as the such officer deems necessary or appropriate in order to accomplish the issuance of the bonds in accordance with law and this Resolution. 5. OPTIONAL PRIOR REDEMPTION. The bonds shall be subject to redemption prior to maturity upon such terms and conditions as shall be determined by the County Agency. 6. BOND REGISTRAR AND PAYING AGENT. The County Treasurer shall designate, and may enter into an agreement with, a bond registrar and paying agent for the bonds which shall be a bank or trust company located in the State of Michigan which is qualified to act in such capacity under the laws of the United States of America or the State of Michigan. The County Treasurer from time to time as required may designate a similarly qualified successor bond registrar and paying agent. 7. EXECUTION, AUTHENTICATION AND DELIVERY OF BONDS. The bonds shall be executed in the name of the County by the facsimile signatures of the Chairperson of the Board of Commissioners and the County Clerk and authenticated by the manual signature of an authorized representative of the bond registrar and paying agent, and the seal of the County (or a facsimile thereof) shall be impressed or imprinted on the bonds. After the bonds have been executed and authenticated for delivery to the original purchaser thereof, they shall be delivered by the County Treasurer to the purchaser upon receipt of the purchase price. Additional bonds bearing the facsimile signatures of the Chairperson of the Board of Commissioners and the County Clerk and upon which the seal of the County (or a facsimile thereof) is impressed or imprinted may be delivered to the bond registrar and paying agent for authentication and delivery in connection with the exchange or transfer of bonds. The bond registrar and paying agent shall indicate on each bond the date of its authentication. 8. EXCHANGE AND TRANSFER OF BONDS. Any bond, upon surrender thereof to the bond registrar and paying agent with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered owner or his duly authorized attorney, at the option of the registered owner thereof, may be exchanged for bonds of any other authorized denominations of the same aggregate principal amount and maturity date and bearing the same rate of interest as the surrendered bond. Each bond shall be transferable only upon the books of the County, which shall be kept for that purpose by the bond registrar and paying agent, upon surrender of such bond Commissioners Minutes Continued. September 22, 2005 420 together with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered owner or his duly authorized attorney. Upon the exchange or transfer of any bond, the bond registrar and paying agent on behalf of the County shall cancel the surrendered bond and shall authenticate and deliver to the transferee a new bond or bonds of any authorized denomination of the same aggregate principal amount and maturity date and bearing the same rate of interest as the surrendered bond. If, at the time the bond registrar and paying agent authenticates and delivers a new bond pursuant to this section, payment of interest on the bonds is in default, the bond registrar and paying agent shall endorse upon the new bond the following: "Payment of interest on this bond is in default. The last date to which interest has been paid is _________________." The County and the bond registrar and paying agent may deem and treat the person in whose name any bond shall be registered upon the books of the County as the absolute owner of such bond, whether such bond shall be overdue or not, for the purpose of receiving payment of the principal of and interest on such bond and for all other purposes, and all payments made to any such registered owner, or upon his order, in accordance with the provisions of Section 3 of this Resolution shall be valid and effectual to satisfy and discharge the liability upon such bond to the extent of the sum or sums so paid, and neither the County nor the bond registrar and paying agent shall be affected by any notice to the contrary. The County agrees to indemnify and save the bond registrar and paying agent harmless from and against any and all loss, cost, charge, expense, judgment or liability incurred by it, acting in good faith and without negligence hereunder, in so treating such registered owner. For every exchange or transfer of bonds, the County or the bond registrar and paying agent may make a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. The bond registrar and paying agent shall not be required to transfer or exchange bonds or portions of bonds which have been selected for redemption. 9. FORM OF BONDS. The bonds shall be in substantially the following form, with such additions, deletions and modifications as are approved by the County Agency and consistent with the terms of this Resolution: [FORM OF BOND] UNITED STATES OF AMERICA STATE OF MICHIGAN COUNTY OF OAKLAND OAKLAND COUNTY OXFORD TOWNSHIP WATER SUPPLY SYSTEM BOND, SERIES ________ INTEREST RATE MATURITY RATE DATE OF ORIGINAL ISSUE CUSIP Registered Owner: Principal Amount: The County of Oakland, State of Michigan (the "County") acknowledges itself indebted to and for value received hereby promises to pay to the Registered Owner identified above, or registered assigns, the Principal Amount set forth above on the Maturity Date specified above, unless redeemed prior thereto as hereinafter provided, upon presentation and surrender of this bond at ____________________________________________ in the city of _______________, Michigan, the bond registrar and paying agent, and to pay to the Registered Owner, as shown on the registration books at the close of business on the 15th day of the calendar month preceding the month in which an interest payment is due, by check or draft drawn upon and mailed by the bond registrar and paying agent by first class mail postage prepaid to the Registered Owner at the registered address, interest on such Principal Amount from the Date of Original Issue or such later date through which interest shall have been paid until the County's obligation with respect to the payment of such Principal Amount is discharged at the rate per annum specified above. Interest is payable on the first days of _________ and ________ in each year, commencing ____________ 1, 200_. Principal and interest are payable in lawful money of the United States of America. Commissioners Minutes Continued. September 22, 2005 421 This bond is one of a series of bonds aggregating the principal sum of _______________________________ Dollars ($_________) issued by the County under and pursuant to and in full conformity with the Constitution and Statutes of Michigan (especially Act No. 342, Public Acts of 1939, as amended) and a bond authorizing resolution adopted by the Board of Commissioners of the County (the "Resolution") for the purpose of defraying part of the cost of acquiring and constructing water supply system facilities to serve the County and the Charter Township of Oxford (the “Township”). The bonds of this series are issued in anticipation of payments to be made by the Township, in the aggregate principal amount of ___________________________ Dollars ($________), pursuant to a contract between the County and the Township. The full faith and credit of the Township have been pledged to the prompt payment of the foregoing amount and the interest thereon as the same become due. As additional security the full faith and credit of the County have been pledged for the prompt payment of the principal of and interest on the bonds of this series. Taxes levied by the Township and the County to pay the principal of and interest on the bonds of this series are subject to constitutional and statutory tax limitations. This bond is transferable, as provided in the Resolution, only upon the books of the County kept for that purpose by the bond registrar and paying agent, upon the surrender of this bond together with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the Registered Owner or his attorney duly authorized in writing. Upon the exchange or transfer of this bond a new bond or bonds of any authorized denomination, in the same aggregate principal amount and of the same interest rate and maturity, shall be authenticated and delivered to the transferee in exchange therefor as provided in the Resolution, and upon payment of the charges, if any, therein provided. Bonds so authenticated and delivered shall be in the denomination of $5,000 or any integral multiple thereof not exceeding the aggregate principal amount for each maturity. The bond registrar and paying agent shall not be required to transfer or exchange bonds or portions of bonds which have been selected for redemption. MANDATORY PRIOR REDEMPTION Bonds maturing in the year ____ are subject to mandatory prior redemption at par and accrued interest as follows: REDEMPTION DATE PRINCIPAL AMOUNT OF BONDS TO BE REDEEMED Bonds or portions of bonds to be redeemed by mandatory redemption shall be selected by lot. (REPEAT IF MORE THAN ONE TERM BOND) OPTIONAL PRIOR REDEMPTION Bonds maturing prior to ________ 1, 200_, are not subject to redemption prior to maturity. Bonds maturing on and after ________ 1, 200_, are subject to redemption prior to maturity at the option of the County, in such order as shall be determined by the County, on any one or more interest payment dates on and after ________ 1, 200_. Bonds of a denomination greater than $5,000 may be partially redeemed in the amount of $5,000 or any integral multiple thereof. If less than all of the bonds maturing in any year are to be redeemed, the bonds or portions of bonds to be redeemed shall be selected by lot. The redemption price shall be the par value of the bond or portion of the bond called to be redeemed plus interest to the date fixed for redemption and a premium as follows: __% of the par value of each bond called for redemption on or after ________ 1, 200_, but prior to ________ 1, 200_; __% of the par value of each bond called for redemption on or after ________ 1, 200_, but prior to ________ 1, 200_; No premium if called for redemption on or after ________ 1, 200_. Not less than thirty days' nor more than sixty days' notice of redemption shall be given to the holders of bonds called to be redeemed by mail to the registered holder at the registered address. Bonds or portions of bonds called for redemption shall not bear interest after the date fixed for redemption, provided funds are on hand with the bond registrar and paying agent to redeem the same. It is hereby certified, recited and declared that all acts, conditions and things required to exist, happen and be performed precedent to and in the issuance of the bonds of this series, existed, have happened and have been performed in due time, form and manner as required by law, and that the total indebtedness of the County, including the series of bonds of which this bond is one, does not exceed any constitutional or statutory limitation. IN WITNESS WHEREOF, the County of Oakland, Michigan, by its Board of Commissioners, has caused this bond to be executed in its name by facsimile signatures of the Chairperson of the Board of Commissioners Minutes Continued. September 22, 2005 422 Commissioners and the County Clerk and its corporate seal (or a facsimile thereof) to be impressed or imprinted hereon. This bond shall not be valid unless the Certificate of Authentication has been manually executed by an authorized representative of the bond registrar and paying agent. COUNTY OF OAKLAND By: Chairperson, Board of Commissioners [SEAL] And: County Clerk CERTIFICATE OF AUTHENTICATION This bond is one of the bonds described in the within mentioned Resolution. Bond Registrar and Paying Agent By: Authorized Representative AUTHENTICATION DATE: ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto ____________________________________________________________________________________ (please print or type name, address and taxpayer identification number of transferee) the within bond and all rights thereunder and hereby irrevocably constitutes and appoints ____________________________________________________________________________________ attorney to transfer the within bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: ____________________ _____________________________________________ Signature Guaranteed: _____________________________________________ Signature(s) must be guaranteed by an eligible guarantor institution participating in a Securities Transfer Association recognized signature guarantee program. [END OF BOND FORM] 10. SECURITY. The bonds shall be issued in anticipation of payments to be made by the Township pursuant to the Contract. The bonds shall be secured primarily by the full faith and credit pledge made by the Township in the Contract pursuant to the authorization contained in Act 342. As additional and secondary security the full faith and credit of the County are pledged for the prompt payment of the principal of and interest on the bonds as the same shall become due. If the Township shall fail to make a payment to the County which is sufficient to pay the principal of, premium, if any, and interest on the bonds as the same shall become due, then an amount sufficient to pay the deficiency shall be advanced from the general fund of the County. Taxes imposed by the County shall be subject to constitutional and statutory limitations. 11. DEFEASANCE. In the event cash or direct obligations of the United States or obligations the principal of and interest on which are guaranteed by the United States, or a combination thereof, the principal of and interest on which, without reinvestment, come due at times and in amounts sufficient to pay, at maturity or irrevocable call for earlier optional redemption, the principal of, premium, if any, and interest on the bonds, or any portion thereof, shall have been deposited in trust, this Resolution shall be defeased with respect to such bonds, and the owners of the bonds shall have no further rights under this Resolution except to receive payment of the principal of, premium, if any, and interest on such bonds from the cash or securities deposited in trust and the interest and gains thereon and to transfer and exchange bonds as provided herein. 12. PRINCIPAL AND INTEREST FUND. There shall be established for the bonds a Principal and Interest Fund which shall be kept in a separate bank account, provided, however, that such Principal and Interest Fund may be pooled or combined for deposit or investment purposes with other debt retirement funds created for nonvoted debt of the County (other than any special assessment debt). From the proceeds of the sale of the bonds there shall be set aside in the Principal and Interest Fund any premium and accrued interest received from the purchaser of the bonds at the time of delivery of the Commissioners Minutes Continued. September 22, 2005 423 same. All payments received from the Township pursuant to the Contract are pledged for payment of the principal of and interest on the bonds and expenses incidental thereto and as received shall be placed in the Principal and Interest Fund. 13. CONSTRUCTION FUND. The remainder of the proceeds of the sale of the bonds shall be set aside in a construction fund for the Project and used to defray the cost of the Project in accordance with the provisions of the Contract. 14. APPROVAL OF MICHIGAN DEPARTMENT OF TREASURY – EXCEPTION FROM PRIOR APPROVAL. The issuance and sale of the bonds shall be subject to the County obtaining qualified status or prior approval from the Department of Treasury of the State of Michigan pursuant to Act 34, Public Acts of Michigan, 2001, as amended ("Act 34"), and, if necessary, the County Treasurer and County Agency are each hereby authorized and directed to make application to the Department of Treasury for approval to issue and sell the bonds as provided by the terms of this Resolution and by Act 34. The County Treasurer and County Agency are authorized to pay any filing fees required in connection with obtaining qualified status or prior approval from the Department of Treasury. The County Treasurer and County Agency are further authorized to request such waivers of the requirements of the Department of Treasury or Act 34 as necessary or desirable in connection with the sale of the bonds. 15. SALE, ISSUANCE, DELIVERY, TRANSFER AND EXCHANGE OF BONDS. The County Agency is hereby authorized to determine the principal amount of each series of bonds to be sold and to determine the other bond details as described in Section 2 hereof and the terms and conditions for prior redemption as described in Section 5 hereof. The County Agency shall prescribe the form of notice of sale for the bonds; sell the bonds at a competitive sale at a price not less than 99% nor more than 102% of par, plus accrued interest, in accordance with the provisions of Act 34 and other applicable laws of this state; and do all things necessary to effectuate the sale, issuance, delivery, transfer and exchange of the bonds in accordance with the provisions of this Resolution. 16. REPLACEMENT OF BONDS. Upon receipt by the County Treasurer of proof of ownership of an unmatured bond, of satisfactory evidence that the bond has been lost, apparently destroyed or wrongfully taken and of security or indemnity which complies with applicable law and is satisfactory to the County Treasurer, the County Treasurer may authorize the bond registrar and paying agent to deliver a new executed bond to replace the bond lost, apparently destroyed or wrongfully taken in compliance with applicable law. In the event an outstanding matured bond is lost, apparently destroyed or wrongfully taken, the County Treasurer may authorize the bond registrar and paying agent to pay the bond without presentation upon the receipt of the same documentation required for the delivery of a replacement bond. The bond registrar and paying agent, for each new bond delivered or paid without presentation as provided above, shall require the payment of expenses, including counsel fees, which may be incurred by the bond registrar and paying agent and the County in the premises. Any bond delivered pursuant the provisions of this Section 16 in lieu of any bond lost, apparently destroyed or wrongfully taken shall be of the same form and tenor and be secured in the same manner as the bond in substitution for which such bond was delivered. 17. OFFICIAL STATEMENT. The County Agency and the County Treasurer are each authorized to cause the preparation of an official statement for the bonds for the purpose of enabling compliance with Rule 15c2-12 issued under the Securities Exchange Act of 1934, as amended (the "Rule") and to do all other things necessary to enable compliance with the Rule. After the award of the bonds, the County will provide copies of a "final official statement" (as defined in paragraph (e)(3) of the Rule) on a timely basis and in reasonable quantity as requested by the successful bidder or bidders to enable such bidder or bidders to comply with paragraph (b)(4) of the Rule and the rules of the Municipal Securities Rulemaking Board. 18. CONTINUING DISCLOSURE. The County Treasurer is authorized to execute a certificate of the County, constituting an undertaking to provide ongoing disclosure about the County for the benefit of the holders of the bonds as required under paragraph (b)(5) of the Rule, and amendments to such certificate from time to time in accordance with the Commissioners Minutes Continued. September 22, 2005 424 terms of the certificate (the certificate and any amendments thereto are collectively referred to herein as the "Continuing Disclosure Certificate"). The County hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. 19. TAX COVENANT. The County covenants to comply with all requirements of the Internal Revenue Code of 1986, as amended, necessary to assure that the interest on the bonds will be and will remain excludable from gross income for federal income tax purposes. The County Agency, the County Treasurer, the County Clerk and other appropriate County officials are authorized to do all things necessary to assure that the interest on the bonds will be and will remain excludable from gross income for federal income tax purposes. 20. 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 adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE FISCAL NOTE (MISC. #05186) BY: Finance Committee, Chuck Moss, Chairperson IN RE: DRAIN COMMISSIONER – OAKLAND COUNTY OXFORD TOWNSHIP WATER SUPPLY SYSTEM BOND RESOLUTION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Resolution is requesting that the Board of Commissioners pledge the full faith and credit of the County of Oakland for the payment of principal and interest on the Oakland County Oxford Township Water Supply System Bonds, Series 2005. 2. The bond issue is not to exceed $17,725,000 and is to be used for constructing the facilities constituting the Oakland County Oxford Township Water Supply System. 3. The Bonds shall be issued in multiple series, bear an interest rate not to exceed 7% per annum, will be in aggregate principal amounts, will mature in such years and principal amounts and will be callable prior to maturity as determined necessary by the County Agency. 4. The statutory limit for County debt is $7,345,918,835 (10% of State Equalized Value). As of July 31, 2005, the total pledged debt is $326,177,351 or approximately .44% of the S.E.V. 5. The Public Corporation participating in the Oakland County Oxford Township Water Supply System is the Charter Township of Oxford. 6. The estimated project cost of $17,725,000 will be 100% apportioned to the Charter Township of Oxford. 7. The Township of Oxford will pay for the bonds through connection fees and monthly service charges with Oxford Township citizens. 8. No budget amendment is required. FINANCE COMMITTEE (The vote for this motion appears on page 428.) Commissioners Minutes Continued. September 22, 2005 425 *MISCELLANEOUS RESOLUTION #05187 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: CIRCUIT COURT - FAMILY DIVISION - OAKLAND COUNTY CHILD CARE FUND BUDGET 2005-2006 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to provisions of Act 280 of the Public Acts of 1975, Oakland County is required to develop and submit a plan and budget for the provision of funding foster care services to the Bureau of Juvenile Justice, Department of Human Services, annually; and WHEREAS the Oakland County Circuit Court - Family Division, County of Oakland, and the Oakland County Department of Human Services have developed the attached foster care services budget for the State's fiscal year, October, 1, 2005, through September 30, 2006; and WHEREAS the Public Services Committee has reviewed this budget and recommends its submission to the State Office. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes submission of the 2005-2006 Oakland County Child Care Fund Budget to the Bureau of Juvenile Justice’s Child Care Fund Unit, Department of Human Services. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of County Child Care Budget Summary Michigan Family Independence Agency (FIA) Child and Family Services on file in County Clerk’s office. FISCAL NOTE (MISC. #05187) BY: Finance Committee, Chuck Moss, Chairperson IN RE: CIRCUIT COURT/FAMILY DIVISION - OAKLAND COUNTY CHILD CARE FUND BUDGET 2005- 2006 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above referenced resolution, reports as follows: 1. Under the provisions of Act 280 of the Public Acts of 1975, Oakland County is required to develop and submit a plan and budget for funding foster care services to the Child and Family Services Office of the Juvenile Justice, Family Independence Agency. 2. The Circuit Court/Family Division and the Oakland County Family Independence Agency has developed the foster care services budget for the period covering October 1, 2005, through September 30, 2006. 3. The figures provided are estimates for State Child Care Fund budgeting purposes only, based on current available data and may not reflect the eventual adopted budget and/or expenditures for this program. 4. The application reflects $29,506,251 in gross expenditures and $2,043,750 in offsetting revenues, leaving a net expenditure of $27,462,501 which is a $4,603,277 increase from the Fiscal Year 2005 net expenditure. 5. Net expenditures are shared 50/50 by the State and County rendering a State reimbursement of $13,731,251 should the State approve the budget and the County expends the funds. 6. The Fiscal Year 2006 Finance Committee Recommended Budget for State Reimbursement is $9,700,000. FINANCE COMMITTEE (The vote for this motion appears on page 428.) Commissioners Minutes Continued. September 22, 2005 426 *MISCELLANEOUS RESOLUTION #05214 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF’S OFFICE – FISCAL YEAR 2005 BULLETPROOF VEST PARTNERSHIP PROGRAM GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the U.S. Department of Justice, Bureau of Justice Assistance Programs, has awarded the Sheriff’s Office grant funding in the amount of $37,932 for the period of October 1, 2004, through September 30, 2005; and WHEREAS the grant allows reimbursement of costs incurred by the Sheriff’s Office for the purchase of approved bulletproof vests for officers; and WHEREAS the award represents an increase of $15,956 over the prior years total funding; and WHEREAS the acceptance of this grant does not obligate the County to any future commitment; and WHEREAS the continuation of the program is contingent upon future levels of reimbursement program funding. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the U.S. Department of Justice Bulletproof Vest Partnership Program Grant Acceptance Agreement, and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Grant Review – Sheriff’s Office/Bulletproof and letter from BVP Tech Support on file in County Clerk’s office. FISCAL NOTE (MISC. #05214) BY: Finance Committee, Chuck Moss, Chairperson IN RE: SHERIFF’S OFFICE – FISCAL YEAR 2005 BULLETPROOF VEST PARTNERSHIP PROGRAM GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The U.S. Department of Justice, Bureau of Justice Assistance Programs, has awarded the Sheriff’s Office grant funding in the amount of $37,932 for the period of October 1, 2004, through September 30, 2005. 2. The grant allows reimbursement of costs incurred by the Sheriff’s Office for the purchase of approved bulletproof vests for officers. 3. The award represents an increase of $15,956 over the prior years total funding. 4. The Fiscal Year 2005 Adopted Budget includes a budget for the Bulletproof Vest Program therefore, no budget amendment is required. FINANCE COMMITTEE (The vote for this motion appears on page 428.) *MISCELLANEOUS RESOLUTION #05215 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: PROSECUTING ATTORNEY – FISCAL YEAR 2006 CRIME VICTIM SERVICES GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan, Department of Community Health has awarded the Oakland County Office of the Prosecuting Attorney Victims Services grant funding in the amount of $187,100 for the period of October 1, 2005, through September 30, 2006; and WHEREAS this is the fourteenth (14th) year of grant acceptance for this program; and WHEREAS the Fiscal Year 2006 award of $187,100 is the same as the Fiscal Year 2005 award amount. No grant match is required; and Commissioners Minutes Continued. September 22, 2005 427 WHEREAS the purpose of this grant is to expand and enhance local services available to crime victims regarding their safety, rights, dignity, and healthy recovery; and WHEREAS this grant includes continued funding of salaries, supplies and materials for three (3) Victim Advocate positions and one (1) Victim Rights Leader position; and WHEREAS the grant award has been processed through the County Executive Contract Review Process and the Board of Commissioners’ Grant Application Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts grant funding from the State of Michigan, Department of Community Health in the amount of $187,100 for the period of October 1, 2005, through September 30, 2006. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant award and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original application as approved. BE IT FURTHER RESOLVED continuation of this program, including the positions, is contingent upon continued grant funding. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Grant Review – Prosecutor’s Office on file in County Clerk’s office. FISCAL NOTE (MISC. #05215) BY: Finance Committee, Chuck Moss, Chairperson IN RE: PROSECUTING ATTORNEY – FISCAL YEAR 2006 CRIME VICTIMS SERVICES GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above named Miscellaneous Resolution and finds: 1. The Prosecuting Attorney is requesting the acceptance of the Fiscal Year 2006 Crime Victim Services Grant. 2. The grant award of $187,100 for the period of October 1, 2005, through September 30, 2006 is the same as the Fiscal Year 2005 award. There is no County match required. 3. The grant includes continued funding of salaries, supplies and materials for three (3) Victim Advocate positions and one (1) Victim Rights Leader position, which are included in the Fiscal Year 2006 Finance Recommended Budget. No budget amendment is required. FINANCE COMMITTEE (The vote for this motion appears on page 428.) *MISCELLANEOUS RESOLUTION #05216 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: PROSECUTING ATTORNEY – FISCAL YEAR 2006 VICTIMS OF CRIME ACTS (VOCA) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan, Department of Community Health has awarded to the Oakland County Office of the Prosecuting Attorney Victims of Crime Act (VOCA) grant funding for the period of October 1, 2005, through September 30, 2006; and WHEREAS this is the seventh (7th) year of grant acceptance for this program; and WHEREAS the purpose of this grant is to expand and enhance local services available to crime victims regarding their safety, rights, dignity, and healthy recovery; and WHEREAS the Fiscal Year 2006 application amount of $129,933 resulted in an award of $125,740; and WHEREAS the State contribution is $100,592 and County contribution is $25,148; and WHEREAS the County contribution includes voluntary part-time Victim Advocate Intern positions; and Commissioners Minutes Continued. September 22, 2005 428 WHEREAS the grant continues funding of salaries and fringe benefits for two (2) Victim Advocate positions (#41101-09398, #41101-09647); and WHEREAS the grant award has been processed through the County Executive Contract Review Process and the Board of Commissioners’ Grant Application Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts grant funding from the State of Michigan, Department of Community Health in the amount of $100,592 and County contribution of $25,148 for the period of October 1, 2005, through September 30, 2006. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant award and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original application as approved. BE IT FURTHER RESOLVED that continuation of this program, including positions is contingent upon continued grant funding. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Grant Review – Prosecutor’s Office on file in County Clerk’s office. FISCAL NOTE (MISC. #05216) BY: Finance Committee, Chuck Moss, Chairperson IN RE: PROSECUTING ATTORNEY – FISCAL YEAR 2006 VICTIMS OF CRIME ACT (VOCA) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced Resolution and finds: 1. The Prosecuting Attorney is requesting the acceptance of the Fiscal Year 2006 Victims of Crime Act (VOCA) Grant. 2. The Fiscal Year 2006 award amount is $125,740 which is 2.7% higher than the Fiscal Year 2005 award (shown on Schedule A). 3. The State contribution is $100,592 (80%) and the County contribution is $25,148 (20%). The County contribution includes voluntary part-time Victim Advocate intern positions and cash match of $20,000, which is included in the Fiscal Year 2006 Finance Committee Recommended Budget. 4. In addition to the County match requirements, the County is expected to incur $7,198 in administrative and support costs, which have been included in the Fiscal Year 2006 Finance Committee Recommended Budget. This grant does not allow for recovery of those costs. 5. The grant period is from October 1, 2005, through September 30, 2006. 6. The grant match amount of $20,000 is included in the Fiscal Year 2006/Fiscal Year 2007 Finance Committee Recommended Budget Non-departmental grant match line item. 7. A budget amendment is recommended to transfer Grant Match from the Non- Departmental Budget to the Prosecuting Attorney's for the Fiscal Year 2006 Finance Committee Recommended Budget as follows: GENERAL FUND 90-290000-25000-2872 Grant Match ($20,000) 41-211000-44100-2872 Grant Match $20,000 $ -0- FINANCE COMMITTEE Vote on resolutions on the Consent Agenda: AYES: Coleman, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Scott, Wilson, Woodward, Zack, Bullard. (23) NAYS: None. (0) Commissioners Minutes Continued. September 22, 2005 429 A sufficient majority having voted in favor, the resolutions on the Consent Agenda were adopted (with accompanying reports being accepted). Moved by Moss supported by Zack the rules be suspended and Miscellaneous Resolution #05217 – BOARD OF COMMISSIONERS – AUTHORIZATION TO PAY MICHIGAN DEPARTMENT OF HUMAN SERVICES CHILD CARE FUND INVOICES be brought before the Board for immediate consideration. Vote on suspension of the rules: AYES: Coulter, Crawford, Douglas, Gershenson, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Scott, Wilson, Woodward, Zack, Bullard, Coleman. (22) NAYS: None. (0) A sufficient majority having voted in favor, the motion to suspend the rules carried, and Miscellaneous Resolution #05217 was before the Board for immediate consideration. MISCELLANEOUS RESOLUTION #05217 BY: Finance Committee, Chuck Moss, Chairperson IN RE: BOARD OF COMMISSIONERS - AUTHORIZATION TO PAY MICHIGAN DEPARTMENT OF HUMAN SERVICES CHILD CARE FUND INVOICES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in September 2004, the Finance Committee directed that invoices, submitted by the Michigan Department of Human Services (DHS), for Child Care Fund services rendered in prior fiscal years, not be paid until the Internal Audit Division conducted an audit of DHS business practices and submitted recommendations to the Finance Committee; and WHEREAS the Department of Management and Budget has withheld payment of 86 invoices, totaling $277,690, per the Finance Committee’s request; and WHEREAS on September 15, 2005, the Internal Audit Division presented the results of their audit of DHS business practices and made recommendations to the Audit Sub-committee and the Finance Committee. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the payment of the 86 invoices, representing child care fund services performed in prior fiscal years, totaling $277,690. BE IT FURTHER RESOLVED that funding to cover these invoices be appropriated from the General Fund Designated Fund Balance for Family Independence Agency (Court Wards), and that the Fiscal Year 2005 budget be amended as follows: Revenue 90-190000-15000-1582 Prior Year’s Balance $277,690 Expenditure 16-122600-10003-3336 Private Institutions $277,690 $ -0- BE IT FURTHER RESOLVED that a policy related to payment of child care fund invoices, be developed with the next 30 days based on the Auditing Division recommendations. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE 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, Scott, Woodward, Zack, Bullard, Coleman, Coulter. (22) NAYS: Wilson. (1) A sufficient majority having voted in favor, the resolution was adopted. Commissioners Minutes Continued. September 22, 2005 430 MISCELLANEOUS RESOLUTION #05218 BY: Finance Committee, Chuck Moss, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET - FISCAL YEAR 2005 THIRD QUARTER FINANCIAL FORECAST AND BUDGET AMENDMENTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Public Act 621 of 1978, the Uniform Budgeting and Accounting Act for Local Units of Government, provides for adjustments to the adopted budget; and WHEREAS in accordance with Oakland County General Appropriations Act Section 22, which authorizes budget amendments for variances between the budgeted revenue and actual revenue, and Section 23, which authorizes budget amendments for variance between estimated revenue and projected expenditures, amendments are required; and WHEREAS the Fiscal Year (FY) 2005 Third Quarter Financial Forecast Report has identified several variances and budget amendments are recommended; and WHEREAS the State of Michigan has appropriated funds to the County's Circuit, 52nd District and Probate Courts in the amount of $93,400 for Judiciary Technical Improvements, and an amendment is recommended to appropriate these funds to the courts; and WHEREAS a budget amendment in the amount of $233,600 is recommended for the Circuit Court-Family Division budget as Controllable Operating is projected to be unfavorable due to Indirect Cost for FIA activity and Professional Services due to increase in child cases requiring delinquent and neglect psychological consultations; Child Care Subsidy revenue is projected to be favorable sufficient enough to offset the increased expenditures; and WHEREAS an amendment is recommended to the 52nd District Court budget, due to projected unfavorable variance in Defense Attorney Fees, Juror Fees and Mileage and Charge Card Fees in the amount of ($57,000), and sufficient favorability is projected in Refund Fees Paid - Defense Attorney to offset the variance; and WHEREAS the Prosecuting Attorney's Office is requesting the use of funds in the amount of $17,000 from the Prosecutor's Seized Funds Account (GL #2203-60050 - current balance is $520,641.24), to replace outdated printers, desktops and laptop computers in Narcotics and the Economic Recovery Unit; and WHEREAS a budget amendment of $2,000 is recommended in the Prosecutor's Office to reflect additional revenue from the State of Michigan Department of Community Health to purchase supplies and materials for Crime Victim Services; and WHEREAS the Sheriff's Office is requesting a budget amendment of $10,000 to reflect appropriation for Refunds-NET revenue in division where it is receipted and a budget amendment to reappropriate funds totaling $160,000 for office supplies from the Administrative Division to the individual divisions within the Sheriff's Budget; and WHEREAS a budget amendment of $90,000 is recommended in the Clerk's Office to cover cost of purchasing Election equipment for use by the County under the Help America Vote Act (HAVA), as well as correct salaries and fringe benefits appropriation for Jury Commission personnel and offset increased usage of Metered Postage; unfavorable variance can be offset by favorable variance projected in use of Personal Mileage $700 and sufficient revenues in Mortgages $97,300; and WHEREAS the Clerk's Office is requesting a budget amendment of $12,000 to transfer funds from the Non-Departmental Transition Expense for printing costs, which was initially budgeted for the start-up expenses incurred by the Clerk; and WHEREAS the Board of Commissioners has requested a budget amendment in the amount of $80,000 to cover printing expenses for the Board's annual report; and WHEREAS a budget amendment of $12,000 is recommended in the Management and Budget Purchasing Division, due to an increase in use of overtime to cover additional demand in services; additional revenue is projected in Refunds - Miscellaneous, due to an increase in the number of vendor rebates; and WHEREAS the Community Corrections Division is projected to be unfavorable in Contracted Services by ($54,700) due to increase in number of probationers as assigned by the 52nd District Courts, and an amendment is recommended to recognize additional revenue projected from drug testing; and WHEREAS a budget amendment is requested in the amount of $6,000 for the purchase of Business Analyst software in Planning and Economic Development Services for One Stop Shop; and Commissioners Minutes Continued. September 22, 2005 431 WHEREAS Investment Income is projected to be favorable due to a moderate increase in interest rates, and a budget amendment is recommended to recognize the favorability; and WHEREAS Facilities Management - Administration is projecting an unfavorable variance of ($9,000) due to temporary double-filling of a position prior to an employee retirement, as well as Print Shop usage higher than anticipated; and WHEREAS Human Resources - Administration is projecting an unfavorable variance of ($150,000) due to significant increase in activity related to union settlement negotiations; and WHEREAS Public Services - Medical Examiner is projecting an unfavorable variance in the amount of ($41,000) due to greater use of Professional Services during hiring process of new positions associated with Genesee County Contract, as well as an increase in use of Medical Supplies due to related caseload; Unfavorable variances partially offset by favorable variances of $22,900 from savings in costs for Lab Supplies and Film Processing; and WHEREAS Public Services - Animal Control is projecting an unfavorable variance in the amount of ($43,900) due to increased use of Veterinarian Services, Animal Supplies and Medical Supplies; and WHEREAS Economic Development and Community Affairs - PEDS is projecting an unfavorable variance in the amount of ($7,900) for Telephone Communications due to increase in business recruitment activity; and WHEREAS per the State law, the County will not receive revenue sharing in Fiscal Year 2005, but will recognize a transfer in of $20,717,000 from the County's Revenue Sharing Reserve established with Property Tax revenues from the July, 2005 levy to help offset the loss of revenue sharing; and WHEREAS the Friend of the Court Fund budget is being amended to recognize the recent Cooperative Reimbursement Program (CRP) Contract amendments totaling $396,357 for Indirect Cost, SMILE Video, purchase of new hearing room equipment, increase in monthly rental and the addition of the Medical Support Grant into the CRP Contract; and WHEREAS a budget amendment is recommended for the Clerk's Automation Fund (225) to transfer funds in the amount of $42,560 the fund's Contingency account to Information Technology Operations to purchase replacement equipment for the Register of Deeds staff; and WHEREAS the Drain Commissioner is requesting to amend the Drain Equipment Fund and Motor Pool Fund budgets to approve transfer of capital costs of $356,205 for addition of 5 vehicles, as well as replace 15 Drain-owned vehicles with 15 Motor Pool leased vehicles for Fiscal Year 2005; and WHEREAS a budget amendment in the amount of $18,395 is recommended for the Parks and Recreation Commission to replace one park-owned vehicle (#96910) with one Motor Pool leased vehicle (#05-610), which is an expansion of the Motor Pool Fund fleet for Fiscal Year 2005; and WHEREAS an amendment is recommended to the Information Technology Fund to appropriate $572,899, which was reserved to assist in funding equipment necessary for E-Health operations, and appropriate reserved Future Technology Replacement funds in the amount of $863,150, for workstation replacements and upgrades; and WHEREAS an amendment is requested to the Information Technology Fund to appropriate $36,240 from the Information Technology Fund Equity for professional services relating to the PeopleSoft project; and WHEREAS an amendment is requested to the Information Technology Fund to appropriate $8,740 from the Information Technology Fund Equity for contractual services related to the Drain Records Conversion project per Miscellaneous Resolution #02169; and WHEREAS an amendment is requested to the Information Technology Fund to appropriate $50,380 from the Information Technology Fund Equity for the development of ERP technology enhancements per Miscellaneous Resolution #04013; and WHEREAS a budget amendment is recommended to correct revenue classification for Rebilled Charges as Enterprise Funds in the CLEMIS Fund $30,000 and Fire Records Management Fund $27,100; and WHEREAS an amendment is recommended to re-appropriate funds between General Fund and General Purpose Fund department's Information Technology Operations budgets due to a significant number of projected favorable and unfavorable variances; and WHEREAS the Sheriff's Office received weight equipment with an estimated value of $3,000, donated by Mr. Steve Singer and a treadmill with an estimated value of $500, donated by Deputy Kristin Krauzowicz. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners accepts the Fiscal Year 2005 Third Quarter Financial Forecast. BE IT FURTHER RESOLVED that the Board of Commissioner authorizes amendment to the Fiscal Year 2005 Budget as detailed in the resolution per Schedules A and B. Commissioners Minutes Continued. September 22, 2005 432 BE IT FURTHER RESOLVED that $572,899 from the Fiscal Year 2005 Designated Fund Balance for E- Health (GL #9407-31000) be appropriated to the Information Technology Fund budget to assist in funding equipment necessary for E-Health operations as follows: GENERAL FUND (101) Revenue 90-190000-15000-1582 Prior Year Balance $572,899 Expenditure 90-310000-98636-8001 Transfer Out to IT Fund $572,899 Total General Fund $ -0- IT FUND (636) Revenue 18-636113-98101-1701 Transfer from General Fund $572,899 Expenditures 18-636113-10000-8005 Change in IT Fund Equity $572,899 Total $ -0- BE IT FURTHER RESOLVED that $863,150 from the Fiscal Year 2005 Designated Fund Balance for Future Technology Replacement (GL #9407-2100) be appropriated to the Information Technology Fund for necessary workstation replacements and upgrades to ensure functionality for existing and future operations as follows: GENERAL FUND (101) Revenue 90-190000-15000-1582 Prior Year Balance $863,150 Expenditure 90-310000-98636-8001 Transfer Out to IT Fund $863,150 Total General Fund $ -0- IT FUND (636) Revenue 18-636113-98101-1701 Transfer from General Fund $863,150 Expenditures 18-636112-15000-3596 Software Purchases 110,700 18-636162-15000-4101 Expendable Equip. Exp. 461,950 18-636113-10000-8005 Change in IT Fund Equity 290,500 Total Expenditures $863,150 $ -0- Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Letter of Transmittal – Fiscal Year 2005 Third Quarter Forecast Report, County of Oakland Fiscal Year 2005 Third Quarter Forecast Report General Fund/General Purpose Revenue and Expenditures Summary by Department, and Fiscal Year Budget Amendments on file in County Clerk’s office. Moved by Moss supported by Wilson the resolution be adopted. AYES: Douglas, Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Scott, Wilson, Woodward, Zack, Bullard, Coleman, Coulter, Crawford. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. Commissioners Minutes Continued. September 22, 2005 433 REPORT (MISC. #05172) BY: General Government Committee, William R. Patterson, Chairperson IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR A CONSTITUTIONAL AMENDMENT FOR THE SOLE PURPOSE OF NARROWLY AND CLEARLY DEFINING THE TERM “PUBLIC USE” CONSISTENT WITH THE 2004 MICHIGAN SUPREME COURT DECISION (COUNTY OF WAYNE VS. HATHCOCK ET AL) THAT OVERTURNED THE POLETOWN DECISION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #05172 on September 12, 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 #05172 BY: Sue Ann Douglas, District #12; David Woodward, District #18; Bill Bullard, District #2; Eric Coleman, District #23; Charles E. Palmer, District #19; David Coulter, District #25; Marcia Gershenson, District #17; Eileen T. Kowall, District #6; John A. Scott, District #5; Mike Rogers, District #14 IN RE: BOARD OF COMMISSIONERS - SUPPORT FOR A CONSTITUTIONAL AMENDMENT FOR THE SOLE PURPOSE OF NARROWLY AND CLEARLY DEFINING THE TERM “PUBLIC USE” CONSISTENT WITH THE 2004 MICHIGAN SUPREME COURT DECISION (COUNTY OF WAYNE VS. HATHCOCK ET AL) THAT OVERTURNED THE POLETOWN DECISION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the right of an individual to own property without the threat that his/her government will take their property and give it to a private entity for a non-public use is fundamental to democracy in the United States; and WHEREAS Eminent Domain is the power of a government to take private property for public use; the 5th Amendment of the US Constitution and articles in many state constitutions allow this practice provided that fair compensation is made; and WHEREAS historically Eminent Domain has been used for public uses such as roads, parks, schools and other governmental functions; and WHEREAS in 1954, the United States Supreme Court began to erode individual property rights when it determined in Berman vs. Parker that government's power of eminent domain could be used to seize property in order to remove "blighted" areas; and WHEREAS the definition of a "blighted" area has become so expansive that in 1981 the Michigan Supreme Court allowed the City of Detroit to condemn a stable neighborhood called Poletown to make way for a General Motors plant; and WHEREAS in 2004, the Michigan Supreme Court overturned the “Poletown” decision when it ruled on The County of Wayne vs. Hathcock et al, and noted that: “if one’s ownership of private pr operty is forever subject to the government’s determination that another private party would put one’s land to better use, then the ownership of real property is perpetually threatened by the expansion plans of any large discount retailer, "megastore,” or the like.”; and WHEREAS the Michigan Supreme Court also noted in 2004 that: “we must overrule Poletown in order to vindicate our Constitution, protect the people’s property rights, and preserve the legitimacy of the judicial branch as the expositor—not creator—of fundamental law.”; and WHEREAS on June 23, 2005, the United States Supreme Court, in a 5-4 decision, ruled in the case, Kelo vs. City of New London, Connecticut, that government may use eminent domain for the benefit of developers; and WHEREAS United States Supreme Court Justice Sandra Day O'Connor said in her dissent to the Kelo decision: "All private property is now vulnerable to being taken and transferred to another private owner, so long as it might be upgraded. The specter of condemnation hangs over all property. Nothing is to prevent (local governments) from replacing any Motel 6 with a Ritz-Carlton, any home with a shopping mall, or any farm with a factory"; and WHEREAS even though the Michigan Supreme Court, through a strict constitutional interpretation, reversed the Poletown decision and placed Michigan property owners in a more secure position for the Commissioners Minutes Continued. September 22, 2005 434 immediate future than property owners in many other states, a future Michigan Supreme Court could reverse the current ruling, once again allowing the condemnation of private property for private developers where no public use is involved; and WHEREAS during the 23 years the Poletown decision was the law of the land in the State of Michigan, many of Michigan’s residential and small business property owners were let down by their government as it, with little thought or care for their long term interests, took their property and gave it to private developers for the sole purpose of increasing the government’s tax base; and WHEREAS United States Supreme Court Justice John Paul Stevens, in writing for the majority on the Kelo decision, pointed out that the Constitution does not preclude individual states "from placing further restrictions (on) the exercise of the taking power". NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, on behalf of Oakland County property owners, urges the Michigan Legislature to place an amendment to the State of Michigan Constitution on the ballot for the sole purpose of narrowly and clearly defining “public use” in a manner that is consistent with the 2004 Michigan Supreme Court ruling (County of Wayne vs. Hathcock et al) on eminent domain that overturned the 1981 Poletown decision. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners, on behalf of Oakland County property owners, commends the Michigan Supreme Court for their just and bold ruling in 2004 (County of Wayne vs. Hathcock et al) that overturned the Poletown decision. BE IT FURTHER RESOLVED that copies of this resolution be forwarded to the Michigan Supreme Court, Governor Jennifer Granholm, the Oakland County legislative contingent in Lansing, the Michigan Association of Counties and all Oakland County Communities. Chairperson, I move adoption of the foregoing resolution. SUE ANN DOUGLAS, DAVID WOODWARD, BILL BULLARD, ERIC COLEMAN, CHARLES PALMER, DAVID COULTER, MARCIA GERSHENSON, EILEEN KOWALL, JOHN SCOTT, MIKE ROGERS, GREG JAMIAN, THOMAS MIDDLETON, WILLIAM MOLNAR, WILLIAM PATTERSON, HUGH CRAWFORD, JEFF POTTER, CHUCK MOSS, VINCENT GREGORY, ERIC WILSON, GEORGE SUAREZ, CHRISTINE LONG, MATTIE HATCHETT, TIM MELTON, HELAINE ZACK, JIM NASH Moved by Douglas supported by Patterson the resolution be adopted. Moved by Douglas supported by Patterson the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Vote on resolution: AYES: Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Scott, Wilson, Woodward, Zack, Bullard, Coleman, Coulter Crawford, Douglas. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. Commissioners Minutes Continued. September 22, 2005 435 REPORT (MISC. #05191) BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: BOARD OF COMMISSIONERS – AMENDMENT TO BOARD RULES REGARDING BUILDING AUTHORITY PROJECTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Planning and Building Committee having reviewed Miscellaneous Resolution #05191 on September 13, 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 REPORT (MISC. #05191) BY: General Government Committee, William R. Patterson, Chairperson IN RE: BOARD OF COMMISSIONERS – AMENDMENT TO BOARD RULES REGARDING BUILDING AUTHORITY PROJECTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #05191 on September 12, 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 #05191 BY: Commissioners Charles E. Palmer, District #19, Eric Wilson, District #3, Chuck Moss, District #20 IN RE: BOARD OF COMMISSIONERS - AMENDMENT TO BOARD RULES REGARDING BUILDING AUTHORITY PROJECTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Building Authority was established under Public Act 31 of 1948, as amended, entitled "Building Authorities"; and WHEREAS the Oakland County Building Authority was established by the Oakland County Board of Supervisors by Miscellaneous Resolution #4534, adopted February 8, 1966; and WHEREAS the Articles of Incorporation set forth that the purpose of the Authority is to acquire, furnish, equip, own improve, enlarge, operate and/or maintain a building or buildings and the necessary site or sites therefore, for the use of the County of Oakland; and WHEREAS the funding of Oakland County Building Authority projects is for specified projects that were approved by the Oakland County Board of Commissioners upon assignment to the Building Authority for completion of the project; and WHEREAS often times there are surplus funds that are left from completion of the projects or projects that may be used for other projects under the control of the Building Authority. NOW THEREFORE BE IT RESOLVED that the Rules for Oakland County Board of Commissioners, adopted January 6, 2005, hereby be amended in Article XI-D(8) by adding a new paragraph Article XI- D(8)a., that reads: a. Any building project, remodeling, renovation or any other projects assigned to the Oakland County Building Authority and financed by or through the sale of bonds or by appropriation from the Oakland County budget, other than the Building Projects or Projects described in the assigning resolution, the Lease Agreement between the Authority and the County, the Continuing Disclosure Certificate, the Project Description with Exhibits and Appendixes and the Declaration of Official Intent on file with the Oakland County Clerk, shall not proceed without the approval of the Oakland County Board of Commissioner's and its' appropriate Standing Committee's. Commissioners Minutes Continued. September 22, 2005 436 Chairperson, we move the adoption of the foregoing resolution. CHARLES PALMER, ERIC WILSON, CHUCK MOSS, WILLIAM PATTERSON, WILLIAM MOLNAR, SUE ANN DOUGLAS, GREG JAMIAN, THOMAS MIDDLETON, JOHN SCOTT, CHRISTINE LONG, EILEEN KOWALL, HUGH CRAWFORD, DAVID COULTER, HELAINE ZACK, GEORGE SUAREZ, MATTIE HATCHETT, ERIC COLEMAN, VINCENT GREGORY, JIM NASH, DAVID WOODWARD, MARCIA GERSHENSON, TIM MELTON, HUGH CRAWFORD Moved by Patterson supported by Palmer the resolution be adopted. Moved by Patterson supported by Palmer the General Government Committee Report and the Planning and Building Committee Report be accepted. A sufficient majority having voted in favor, the reports were accepted. Vote on resolution: AYES: Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Wilson, Woodward, Zack, Bullard, Coleman, Coulter, Crawford, Douglas, Gershenson. (22) NAYS: Scott. (1) A sufficient majority having voted in favor, the resolution was adopted. REPORT (MISC. #05184) BY: Finance Committee, Chuck Moss, Chairperson IN RE: BOARD OF COMMISSIONERS/LIBRARY BOARD – LIBRARY FUND APPROPRIATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above-mentioned resolution on September 15, 2005, reports with the recommendation that the resolution be amended as follows: 3rd WHEREAS, the current balance in the Designated Fund Balance for the Library Fund should read $92,285.00 and not $115,477.00. Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report. FINANCE COMMITTEE MISCELLANEOUS RESOLUTION #05184 BY: General Government Committee, William R. Patterson, Chairperson IN RE: BOARD OF COMMISSIONERS/LIBRARY BOARD - LIBRARY FUND APPROPRIATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Library Fund was originally established as a special revenue fund for gifts and donations to the Library Board; and WHEREAS the Board of Commissioners adopted Miscellaneous Resolution #01249 that made the Library Fund a designated fund balance within the General Fund for the exclusive use of Library Board activities that are authorized by the Board of Commissioners; and WHEREAS the current balance in the Designated Fund Balance for the Library Fund is $115,477; and WHEREAS on July 27, 2005, the Oakland County Library Board voted to authorize a staff person to attend the Training Orientation Program sponsored by the National Library Service for the Blind and Physically Handicapped that is being held in Washington, DC in October 2005, with proceeds from the Library Fund, for an amount that is not to exceed $1,500.00; and Commissioners Minutes Continued. September 22, 2005 437 WHEREAS the Library Board is now seeking Board of Commissioners’ authorization for this $1,500.00 appropriation from the Designated Fund Balance - Library Fund. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the appropriation of $1,500.00 from Designated Fund Balance - Library Fund to Library Board for Travel and Conference in the Fiscal Year 2006 Budget. BE IT FURTHER RESOLVED that any advance payments and/or reimbursement for travel and conference related expenses will fully comply with the Oakland County Travel Policy and Procedures. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE FISCAL NOTE (MISC. #05184) BY: Finance Committee, Chuck Moss, Chairperson IN RE: BOARD OF COMMISSIONERS/LIBRARY BOARD - LIBRARY FUND APPROPRIATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Library Fund was originally established as a special revenue fund for gifts and donations to the Library Board. 2. The Board of Commissioners adopted Miscellaneous Resolution #01249 that made the Library Fund a designated fund balance within the General Fund for the exclusive use of Library activities authorized by the Board of Commissioners. 3. The Oakland County Library Board voted to authorize a staff person to attend the Training Orientation Program sponsored by the National Library Service for the Blind and Physically Handicapped. The program is being held in Washington, D.C. in October 2005. 4. The total amount is not to exceed $1,500.00 and all reimbursement for travel and conference related expenses will comply fully with the Oakland County Travel Policy and Procedures. 5. Funds are available in the General Fund, Non-Departmental Designated Fund Balance Oakland County Library. 6. An amendment to the Fiscal Year 2006 Finance Committee Recommended Budget is recommended as follows: GENERAL FUND FY 2006 Revenue 9010101-196030-665882 Prior Year Balance $1,500 Expenditure 5010301-165010-732018 Travel/Conference $1,500 $ -0- FINANCE COMMITTEE Moved by Patterson supported by Palmer the resolution be adopted. Moved by Patterson supported by Palmer the Finance Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Patterson supported by Palmer the resolution be amended to coincide with the recommendation in the Finance Committee Report. A sufficient majority having voted in favor, the amendment carried. Vote on resolution, as amended: AYES: Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Scott, Wilson, Woodward, Zack, Bullard, Coleman, Coulter Crawford, Douglas, Gershenson, Gregory. (23) NAYS: None. (0) Commissioners Minutes Continued. September 22, 2005 438 A sufficient majority having voted in favor, the resolution, as amended, was adopted. MISCELLANEOUS RESOLUTION #05219 BY: Planning and Building Committee, Charles Palmer, Chairperson IN RE: DRAIN COMMISSIONER - 2005 LAKE LEVEL ASSESSMENTS FOR OPERATION AND MAINTENANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in accordance with the provisions of the Inland Lake Level Act, Act No. 146 of the Public Acts of 1961, as amended by Act No. 59 of the Public Acts of 1995 (Part 307), the Oakland County Drain Commissioner operates and maintains 35 lake level control devices/structures and 6 lake augmentation pumps that regulate the legally established water level of 53 lakes located within Oakland County; and WHEREAS the Drain Commissioner incurs costs for such operation and maintenance that are recoverable via assessments against the various benefiting properties and government entities comprising the assessment rolls of the respective Lake Level Districts; and WHEREAS Section 30722(4) of Act No. 59 requires that the Drain Commissioner obtain approval from the Board of Commissioners prior to levying any lake level assessment in excess of $10,000 annually, and WHEREAS for the year 2005, the Drain Commissioner proposes to assess 24 separate Lake Level Districts for the total aggregate amount of $246,317.37, for operation, maintenance and repair purposes, as itemized on the listing attached hereto, of which 8 of the proposed assessments are in excess of the said $10,000.00 limit, thereby requiring Board of Commissioner authorization. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes the Drain Commissioner to assess, levy and collect for the year 2005, for the purpose of operating and maintaining the level of various lakes located in Oakland County, the total aggregate amount of $246,317.37, being the sum total of all assessments for the said year to be assessed against all of the benefiting properties and government entities comprising the assessment rolls of 24 separate Lake Level Districts itemized on the listing attached hereto, including 8 assessments in excess of $10,000.00. 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 Drain Commissioner 2005 Lake Level Assessments for Maintenance and Operation on file in County Clerk’s office. FISCAL NOTE (MISC. #05219) BY: Finance Committee, Chuck Moss, Chairperson IN RE: DRAIN COMMISSIONER – 2005 LAKE LEVEL ASSESSMENTS FOR OPERATION AND MAINTENANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The resolution authorizes the Drain Commissioner to assess, levy, and collect $246,317.37 for the year 2005 against all benefiting properties and government entities comprising the assessment rolls, for the purpose of operating and maintaining 24 lake levels located within Oakland County. 2. The County’s share of the assessments for operations and maintenance of lake levels is $1,458.24. 3. Funding is available in the Non-Departmental account - Drain Assessments. No additional appropriation is required. FINANCE COMMITTEE The Chairperson stated the resolution be laid over for 30 days until the October 27, 2005, Board meeting. There were no objections. Commissioners Minutes Continued. September 22, 2005 439 MISCELLANEOUS RESOLUTION #05220 BY: Planning and Building Committee, Charles Palmer, Chairperson IN RE: DRAIN COMMISSIONER 2005 CHAPTER 4 DRAIN MAINTENANCE ASSESSMENT RESOLUTION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in accordance with the provisions of Chapter 4 of Act No. 40 of the Public Acts of 1956, as amended, also known as the Michigan Drain Code, the Oakland County Drain Commissioner operates and maintains a number of open ditch or enclosed drains at various locations throughout Oakland County; and WHEREAS the Drain Commissioner incurs costs for such operation and maintenance that are recoverable via assessments against the various benefiting properties and government entities comprising the assessment rolls of the respective Drainage Districts; and WHEREAS Chapter 8 of the said Drain Code permits the Drain Commissioner to levy assessments against the Drainage District of drains established in accordance with said Chapter 4, for operation, maintenance, clean out and repair purposes, provided such assessments not exceed $1,250 per mile of drain per year, or fraction thereof; and WHEREAS for the year 2005, the Drain Commissioner proposes to assess the 30 Drainage districts the total aggregate amount of $88,528.57 for the maintenance, operation, clean out and repair of 30 drains, all in accordance with the said $1,250 per mile of drain per year limitation, as itemized on the listing attached hereto. NOW THEREFORE BE IT RESOLVED, that the Oakland County Board of Commissioners hereby authorized the Drain Commissioner to assess, levy and collect for the year 2005, for the purpose of operating, maintaining, cleaning out and repairing 30 drains located in Oakland County, the total aggregate amount of $88,528.57, being the sum total of assessments for the said year to be assessed against all of the benefiting properties and government entities comprising the assessment rolls of 30 Drainage Districts itemized on the listing attached hereto. 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 Drain Commissioner 2005 Chapter 4 Drain Assessments for Maintenance and Operation on file in County Clerk’s office. FISCAL NOTE (MISC. #05220) BY: Finance Committee, Chuck Moss, Chairperson IN RE: DRAIN COMMISSIONER – 2005 CHAPTER 4 DRAIN MAINTENANCE ASSESSMENT RESOLUTION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The resolution authorizes the Drain Commissioner to assess, levy, and collect $88,528.57 for the year 2005 against all benefiting properties and government entities comprising the assessment rolls, for the purpose of maintaining, cleaning, and repairing 30 Chapter 4 drains located within Oakland County. 2. The County’s share of the assessments for maintenance of Chapter 4 drains is $6,322.91. 3. Funding is available in the Non-Departmental account - Drain Assessments. No additional appropriation is required. FINANCE COMMITTEE The Chairperson stated the resolution be laid over for 30 days until the October 27, 2005, Board meeting. There were no objections. Commissioners Minutes Continued. September 22, 2005 440 MISCELLANEOUS RESOLUTION #05221 BY: Planning and Building Committee, Charles Palmer, Chairperson IN RE: DRAIN COMMISSIONER 2005 CHAPTER 18 DRAIN MAINTENANCE ASSESSMENT RESOLUTION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in accordance with the provisions of Chapter 18 of Act No. 40 of the Public Acts of 1956, as amended, also known as the Michigan Drain Code, the Oakland County Drain Commissioner operates and maintains a number of open ditch and/or enclosed drains at various locations in Oakland and West Bloomfield Townships; and WHEREAS existing private drains established as County Drains in accordance with Chapter 18 of the Michigan Drain Code shall be the same as if originally laid out and designated, located, established and constructed by procedures set forth in other sections of the Michigan Drain Code; and WHEREAS the Drain Commissioner incurs costs for the operation and maintenance of these Drains that are recoverable via assessments against the various benefiting properties and government entities comprising the assessment rolls of the respective Drainage Districts; and WHEREAS Chapter 8 of the said Drain Code permits the Drain Commissioner to levy assessments against Drainage District of Drains established in accordance with said Chapter 18, for operation, maintenance, clean out and repair purposes, provided such assessments not exceed $1,250 per mile of drain per year, or fraction thereof; and WHEREAS for the year 2005, the Drain Commissioner proposes to assess the 17 Drainage districts the total aggregate amount of $30,880.86 for the maintenance, operation, clean out and repair of 17 drains, all in accordance with the said $1,250 per mile of drain per year limitation, as itemized on the listing attached hereto. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorized the Drain Commissioner to assess, levy and collect for the year 2005, for the purpose of operating, maintaining, cleaning out and repairing 17 drains located in Oakland County, the total aggregate amount of $30,880.86, being the sum total of assessments for the said year to be assessed against all of the benefiting properties and government entities comprising the assessment rolls of 17 Drainage Districts itemized on the listing attached hereto. 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 Drain Commissioner 2005 Chapter 18 Drain Assessments for Maintenance and Operation on file in County Clerk’s office. FISCAL NOTE (MISC. #05221) BY: Finance Committee, Chuck Moss, Chairperson IN RE: DRAIN COMMISSIONER – 2005 CHAPTER 18 DRAIN MAINTENANCE ASSESSMENT RESOLUTION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The resolution authorizes the Drain Commissioner to assess, levy, and collect $30,880.86 for the year 2005 against all benefiting properties and government entities comprising the assessment rolls, for the purpose of operating, maintaining, cleaning, and repairing 17 Chapter 18 drains located within Oakland County. 2. The County’s share of the assessments for maintenance of Chapter 18 drains is $3,007.90. 3. Funding is available in the Non-Departmental account - Drain Assessments. No additional appropriation is required. FINANCE COMMITTEE Commissioners Minutes Continued. September 22, 2005 441 The Chairperson stated the resolution be laid over for 30 days until the October 27, 2005, Board meeting. There were no objections. MISCELLANEOUS RESOLUTION #05222 BY: Personnel Committee, Gregory C. Jamian, Chairperson IN RE: HUMAN RESOURCES - SALARY ADMINISTRATION 3RD QUARTERLY REPORT FOR FISCAL YEAR 2005 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Salary Administration Plan approved by the Board of Commissioners for Salary Grades 1 - 21 provides a process for departments and employees to request a review of the salary grade placement of classifications; and WHEREAS the 3rd Quarterly Report for Fiscal Year 2005 identifies the reviews conducted and the salary grade changes recommended by the Human Resources Department after completion of this review process; and WHEREAS funds have been established in the Classification and Rate Change fund to implement salary grade changes resulting from Salary Administration Quarterly Report recommendations. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes implementation of the Salary Administration 3rd Quarterly Report for Fiscal Year 2005, which includes the following personnel actions: Classification From Salary Grade: To Salary Grade: Overtime Status: Location-Position #: Office Leader (Reclassify one position in the mail room to a new class titled "Mail Services Leader") 7 8 Non- Exempt 13803-01863 Medical Examiner Investigator (Place on Salary Administration Plan at Salary Grade 11) 11 Non- Exempt 17601-01488 17601-02263 17601-02629 17601-02722 17601-02739 17601-07774 17601-10239 17601-10287 Medical Examiner Investigator Supervisor 11 13 Non- Exempt 17601-02738 Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections MISCELLANEOUS RESOLUTION #05223 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: PUBLIC SERVICES/MEDICAL EXAMINER - CONTINUATION OF AN INTERLOCAL AGREEMENT TO PROVIDE GENESEE COUNTY MEDICAL EXAMINER SERVICES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in 2004 the County of Genesee requested that the County of Oakland provide the services of the Oakland County Medical Examiner; and WHEREAS Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501 et seq., Oakland and Genesee County entered into a Joint Operating Agreement for the purposes of providing the services of the Oakland County Medical Examiner’s Office to Genesee County; and Commissioners Minutes Continued. September 22, 2005 442 WHEREAS this agreement was approved by the Oakland County Board of Commissioners through passage of Miscellaneous Resolution #04254; and WHEREAS current Joint Operating Agreement between Genesee County and Oakland County Medical Examiner’s Office is due to expire on or about September 27, 2005; and WHEREAS Genesee County and the Oakland County Medical Examiner’s Office desire to extend the current joint operating agreement for a one-year period; and WHEREAS the Genesee County Board of Commissioners has approved the concept of the one-year extension. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes extending the original Joint Operating Agreement between the County of Genesee and the County of Oakland for a one-year period beginning on or about September 28, 2005. BE IT FURTHER RESOLVED that the future level of service, including personnel will be contingent upon sufficient revenue generated from the Genesee County contract to cover the costs of the positions created per Miscellaneous Resolution #04254. BE IT FURTHER RESOLVED that the Medical Examiner continue to report the revenue and/or losses generated from the contract over the next 12 months, on a biannual basis, to the Finance Committee and the Public Services Committee for review. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Interlocal Agreement for Medical Examiner Services between Oakland County and Genesee County, Scope of Work, and Fee Schedule on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #05224 BY: Finance Committee, Chuck Moss, Chairperson IN RE: BOARD OF COMMISSIONERS – 2005 COUNTY GENERAL FUND PROPERTY TAX AND PARKS AND RECREATION TAX RATES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County has a fixed millage rate of 5.26 mills (voter approved 8/8/78) and a voter approved (8/8/00 - Term 2002-2011) 0.2500 mill for Parks and Recreation; and WHEREAS the Huron-Clinton Metro Parks Authority has requested the County to apportion a 0.25 mill property tax rate; and WHEREAS Michigan Law (MCL 211.34d(16) permanently reduced the County's Maximum Allowable Tax Rate to the 2005 "Headlee" rollback (Article 9, Section 31 of the Michigan Constitution) tax rate of 4.2240 mills, a Parks and Recreation maximum allowable tax rate of 0.2415 mill and a Huron-Clinton Authority maximum allowable tax rate of 0.2146 mill; and WHEREAS Public Act 42 of 1995, "Truth in Budgeting" Act, allows the County Board of Commissioners to hold a single public hearing as a prerequisite to both approval of the Property Tax Levy and Budget adoption, if the recommended property tax rate necessary to support the ensuing year’s operating budget is included in the General Appropriations Act; and WHEREAS the Board of Commissioners, upon the recommendation of the County Executive, adopted Miscellaneous Resolution #98217 establishing a 1998 County Property Tax rate of 4.1900 mills, 0.273 mills less than the Maximum Allowable Tax Levy as constrained by State law, equivalent to a total tax reduction of $10.7 million in 1998, the tax rate of 4.19, unchanged for tax years 1999 through 2004, has resulted in total tax reduction of $9.6 million in 1999, and $7.9 million in 2000, $6.5 million in 2001, $5.0 in 2002, $3.7 million in 2003, and $2.6 million in 2004 respectively, for a seven-year total taxpayer savings of $46.0 million; and WHEREAS the County Executive recommends that the County 2005 tax rate be set at 4.1900 mills, the same since 1998, 0.034 mill below the Maximum Allowable Tax Levy as constrained by State law, equivalent to a tax reduction of $2.0 million, without jeopardizing the County’s ability to deliver quality public services; and WHEREAS the Finance Committee recommends that the 2005 County General Fund Property Tax rate be set at 4.1900 mills, 0.034 mill below the maximum allowable tax rate; the Oakland County Parks and Commissioners Minutes Continued. September 22, 2005 443 Recreation Tax rate be set at 0.2415 mill, the maximum allowable tax rate; and the Huron-Clinton Metro Park Authority Tax rate be set at 0.2146 mill, the maximum allowable tax rate; and WHEREAS $246,640,551 is the estimated amount of the Fiscal Year 2006 County General Fund Budget to be raised by taxation based on the 2005 Taxable Value of all property located in Oakland County ($58,864,093,550) at the recommended rate of 4.1900 mills, together with the voted 0.2415 mill for Parks and Recreation of $14,215,679 and the 0.2146 mill for the Huron-Clinton Authority of $12,632,234. NOW THEREFORE BE IT RESOLVED that each Supervisor of the various townships and Assessing Officers of the several cities of Oakland County are authorized and directed to spread on their respective township or city tax rolls for the year 2005 the following tax rates to be applied to the 2005 Taxable Value of all property located within their respective jurisdictions: 2005 County Voted for Huron-Clinton General Property Tax Levy Parks and Recreation Park Authority 4.1900 Mills 0.2415 Mill 0.2146 Mill Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE Moved by Moss supported by Potter the resolution be adopted. Discussion followed. AYES: Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Scott, Wilson, Woodward, Zack, Bullard, Coleman, Coulter Crawford, Douglas, Gershenson, Gregory, Hatchett. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. Chairperson Bill Bullard Jr., made the following statement: “A Public Hearing is now called on Miscellaneous Resolution #05225 – FISCAL YEAR 2006 GENERAL APPROPRIATIONS ACT. Are there any persons present who wish to speak?” No persons requested to speak and the Chairperson declared the Public Hearing closed. REPORT (MISC. #05225) BY: Finance Committee, Chuck Moss, Chairperson IN RE: FISCAL YEAR 2006 AND FISCAL YEAR 2007 PARKS AND RECREATION BUDGET To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the Fiscal Year 2006 and Fiscal Year 2007 Parks and Recreation Budget September 15, 2005, reports with the recommendation that the budget be approved as outlined on the attached report. Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report. FINANCE COMMITTEE Copy of Oakland County Fiscal Year 2006 and Fiscal Year 2007 Finance Committee Recommended Budget on file in County Clerk’s office. MISCELLANEOUS RESOLUTION #05225 BY: Finance Committee, Chuck Moss, Chairperson IN RE: FISCAL YEAR 2006 GENERAL APPROPRIATIONS ACT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in accordance with the provisions of Public Act 139 of 1973, the Unified Form of County Government Act, and Public Act 621 of 1978 (as amended by P.A. 493 of 2000), the Uniform Budgeting and Accounting Act for Local Government, it is the responsibility of the Oakland County Board of Commissioners to establish and adopt the annual County Budget and work program; and Commissioners Minutes Continued. September 22, 2005 444 WHEREAS the Finance Committee received budget requests from all County Departments, and has reviewed in detail the County Executive's Fiscal Year 2006 Budget Recommendation; and WHEREAS the Finance Committee, after due deliberation, has formulated a Recommended General Appropriations Act balancing total appropriations with available resources at $730,365,982 for Fiscal Year 2006, a summary of which was included in the Notice of Public Hearing published in newspapers of general circulation; and WHEREAS the further intent of this resolution is to maintain a budgetary system for the County of Oakland on the same basis of accounting (generally accepted accounting principles) as the actual financial information is maintained; to define the powers and duties of the County's officers in relation to that system; to designate the Chief Administrative Officer and Fiscal Officer; and to provide that the Board of Commissioners and committees thereof, as well as the Fiscal Officer, shall be furnished with information by the departments, boards, commissions and offices relating to their financial needs, revenues and expenditures/expenses, and general affairs; to prescribe a disbursement procedure, to provide for an allotment system; and to provide remedies for refusal or neglect to comply with the requirements of this resolution; and WHEREAS the Circuit Court Mediation Fund (Miscellaneous Resolution #90177) is used to cover the total cost of Attorney Mediators, with the balance to be used for enhancement of Court operations as requested by the Court and approved by the Board of Commissioners; and WHEREAS the Board of Commissioners supports the concept of cultural diversity training for Oakland County employees and requires all supervisory, division manager and director level employees to attend cultural diversity training; and WHEREAS in order to maintain the long-term financial stability of Oakland County, and its communities, a Capital and Cooperative Initiatives Revolving Fund (CCIRF) should be established with funding from the Revenue Sharing Reserve fund, to support various initiatives as outlined in this resolution. NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners does hereby adopt and amend the Fiscal Year 2006 General Appropriations Act recommended by the Finance Committee as advertised and placed in the Clerk's Office for public inspection. BE IT FURTHER RESOLVED that $718,000 of Cigarette Tax Revenue distributed by the State to Oakland County under the authority of the Health and Safety Fund Act, P.A. 264 of 1987, be divided between the Health Division (12/17 or $506,824) and the Sheriff's Department (5/17 or $211,176). BE IT FURTHER RESOLVED that funds from the Civil Mediation Account (10100-240201) be utilized to cover the total costs incurred in Fiscal Year 2006 for the Civil Mediation Program. BE IT FURTHER RESOLVED that appropriations to the Tri-Party Program may be permitted in accordance with Public Act 253 of 1917, MCL 247.121, in an amount to be determined on an annual basis in accordance with said act. BE IT FURTHER RESOLVED that the following policy be established regarding administration of the Delinquent Tax Revolving Fund: 1. The Delinquent Tax Revolving Fund (DTRF) was established in accordance with the provisions of Public Act 206 of 1893 (as amended) for the purpose of paying local taxing units within the County their respective shares of delinquent ad valorem real property taxes, in anticipation of the collection of those taxes by the County Treasurer. This policy statement, which encompasses the precept of self-funding, ensures that utilization of unrestricted DTRF funds does not impair the functional intent or operational success of the DTRF as originally established. 2. To that end, at no time shall funds be diverted from the DTRF that would cause the unrestricted balance to fall below a level that would assure a prompt payment of all current and future outstanding General Obligation Limited Tax Notes, as well as assure the continued operation of the DTRF as specified in the preceding paragraph. 3. Penalties and investment interest generated by the DTRF may be transferred, in whole or in part, to the General Fund of the County upon majority vote of the Board of Commissioners so long as such transfer(s) meets the provisions of paragraph #2 above. 4. Any and all appropriations from unrestricted DTRF funds, excepting penalties and investment interest, shall be limited to one-time expenditures, as opposed to recurring operations. Commissioners Minutes Continued. September 22, 2005 445 5. Unless otherwise specified, appropriations from the DTRF shall be considered long- or short-term advances (with specific time frames detailed in the authorizing resolution), to be repaid with interest as specified below. 6. Any appropriations from unrestricted DTRF funds, excepting penalties and investment interest, not considered advances to be repaid within a time certain shall require a two- thirds majority vote of the Board of Commissioners. 7. All appropriations from unrestricted DTRF funds considered to be advances to be repaid within a time certain shall require a majority vote of the Board of Commissioners. 8. Terms and conditions of any and all advances from the DTRF shall be specified in the authorizing resolution, including interest obligations detailed as follows: a. Interest on each payment will be based on the average monthly rate paid during the term of the agreement by the agent of the DTRF for that year's outstanding borrowing, or b. In the event no borrowing occurs for the DTRF, principal and interest payments will be made in accordance with the previously established "Loan of County Funds Policy" (Miscellaneous Resolution #89276) which requires Board approval of repayment terms at an interest rate no less than the prevailing six-month Treasury Bill rate and that such rates shall be computed and compounded quarterly. BE IT FURTHER RESOLVED that $2,100,000 in DTRF interest earnings will be transferred to the General Fund to support General Fund/General Purpose activities. BE IT FURTHER RESOLVED that an indirect cost charge will be billed by the General Fund to the DTRF, in accordance with Oakland County’s approved Central Services Indirect Cost Allocation Plan. BE IT FURTHER RESOLVED that a Capital and Cooperative Initiatives Revolving Fund (CCIRF) be established with the following policy guidelines: 1. The fund is budgeted as a special revenue fund, deriving its funding from a transfer from the Revenue Sharing Reserve Fund (established pursuant to P.A. 357 of 2004). 2. Interest earned for investments of CCIRF monies will remain in the CCIRF. 3. No direct expenditures will be made from CCIRF, rather funds will be transferred from CCIRF, to various county funds to provide the following: a. Support the County’s capital improvement projects; b. Support of initiatives that impact the services provided to Oakland County residents through the County government and the various cities, villages, and townships within the County. 4. Use of CCIRF funds which are appropriated through the biennial budget process, shall comply with the standing rules of the Board of Commissioners and will be released upon the approval of the Fiscal Officer and reported to the Finance Committee. 5. Use of CCIRF Funds, not appropriated during the biennial budget process, will be limited to one-time expenditures and require approval of a majority vote of the Board of Commissioners. 6. Should the amount appropriated from CCIRF, in any one fiscal year not be transferred, the Fiscal Officer, with Board of Commissioner approval may make a transfer to the County’s Voluntary Employee Benefit Association (VEBA) in an amount not up to, but not exceeding the annual appropriation. BE IT FURTHER RESOLVED that $1,450,000 (or one-half of the $2,900,000) convention facility tax revenues distributed by the State to Oakland County under the authority of the State Convention Facility Development Act, P.A. 106 of 1985, be earmarked for substance abuse programs. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners, in accordance with the requirements of Public Act 214 of 1899, as amended, authorizes that .0004 mills Current Property Tax Levy be designated for the purpose of funding Veterans' Services Soldier Relief. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners proposes to levy a millage rate of 4.1900 mills upon the total Taxable Value of Real and Personnel Property so as to generate $246,640,551 to support the Fiscal Year 2006 County General Fund/General Purpose Operating Budget. BE IT FURTHER RESOLVED that the Manager - Equalization perform the function of Equalization Director including the examination of the assessment rolls of the several townships and cities within Commissioners Minutes Continued. September 22, 2005 446 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 to make recommendation to that fact to the County Board of Commissioners. BE IT FURTHER RESOLVED that: 1. The County Executive is hereby designated the Chief Administrative Officer of the County of Oakland and, further, that the Director of Management and Budget and/or Deputy Director of Management and Budget shall perform the duties of the Fiscal Officer as specified in this resolution. 2. The Fiscal Officer shall provide an orientation session and written instructions for preparing department budget requests. These instructions shall include information that the Fiscal Officer determines to be useful and necessary to assure that the budgetary estimates of the agencies are prepared in a consistent manner and the needs of the Board of Commissioners and Committees are met. 3. Any offices, departments, commissions and boards of the County of Oakland financed in whole or in part by the County of Oakland shall transmit to the Fiscal Officer their estimates of the amounts of money required for each activity in their respective agencies, as well as their estimate of revenues that will be generated from charges for services. They shall also submit any other information deemed relevant by the Fiscal Officer and/or the Board of Commissioners and committees thereof. 4. The Fiscal Officer shall prescribe forms to be used by the offices, departments, commissions and boards of the County of Oakland in submitting their budget estimates and shall prescribe the rules and regulations the Fiscal Officer deems necessary for the guidance of officials in preparing such budget estimates. The Fiscal Officer may require that the estimates be calculated on the basis of various assumptions regarding level of service. The Fiscal Officer may also require a statement for any proposed expenditure and a justification of the services financed. 5. The Fiscal Officer shall prepare estimates of revenue for each budgeted fund, classified to show in detail the amount expected to be received from each source. Estimates of expenditures and revenues shall also be classified by character, object, function and activity consistent with the accounting system classification. 6. The Fiscal Officer shall review the agency estimates with a representative from each agency of the County of Oakland that has submitted such estimates. The purpose of the review shall be to clarify the estimates, ensure the accuracy, and to determine their adherence to the policies previously enumerated by the Fiscal Officer and the Board of Commissioners or committees thereof as herein required. 7. The Fiscal Officer shall consolidate the estimates received from the various agencies together with the amounts of expected revenues and shall make recommendations relating to those estimates which shall assure that the total of estimated expenditures including an accrued deficit does not exceed the total of expected revenues including an unappropriated surplus. 8. The recommended budget shall include at least the following: a. Expenditure data for the most recently completed fiscal year and estimated expenditures, or amended budget, for the current fiscal year, b. An estimate of the expenditure amounts required to conduct, the government of Oakland County, including its budgetary centers, c. Revenue data for the most recently completed fiscal year and estimated revenues, or amended budget, for the current fiscal year, d. An estimate of revenues, by source, to be raised or received by Oakland County in the ensuing fiscal years, e. The amount of surplus or deficit from prior fiscal years, together with an estimate of the amount of surplus or deficit expected in the current fiscal year, f. An estimate of the amount needed for deficiency, contingent or emergency purposes and the amounts needed to pay and discharge the principal and interest of the debt of Oakland County due in the ensuing fiscal years, Commissioners Minutes Continued. September 22, 2005 447 g. The amount of proposed capital outlay expenditures, except those financed by enterprise, capital projects, or internal service funds, including the estimated total costs and proposed method of financing of each capital construction project and the projected additional annual operating cost and the method of financing the operating costs of each capital construction project for three (3) years beyond the fiscal year covered by the budget, h. An informational summary of projected revenues and expenditures/expenses of any capital projects, internal service, and enterprise funds, i. A comparison of the revenue and expenditure amounts in the recommended budget to the most recently approved budget adopted by the Board of Commissioners with appropriate explanation of the variances, j. Any other data relating to fiscal conditions that the Fiscal Officer or the Board of Commissioners or committees thereof consider to be useful in evaluating the financial needs of the County. 9. Not less than ninety (90) days before the next succeeding fiscal year, the County Executive shall transmit the recommended budget to the County Board of Commissioners. The recommended budget shall be accompanied by: a. A proposed general appropriations measure, consistent with the budget, which shall set forth the anticipated revenue and requested expenditure/expense authority in such form and in such detail deemed appropriate by the Board of Commissioners or committees thereof. No appropriations measure shall be submitted to the Board of Commissioners in which estimated total expenditures/expenses, including an accrued deficit, exceed estimated total revenues, including an available surplus. b. A budget message which shall explain the reasons for increases or decreases in budgeted items compared with the current fiscal year, the policy of the County Executive as it relates to important budgetary items, and any other information that the County Executive determines to be useful to the Board of Commissioners in its consideration of proposed appropriations. c. A comparison of the recommended budget to the most recently approved current year budget, together with an analysis and explanation of the variances therefrom, such variances being divided to show the portion attributable to the current year budget amendments and the portion resulting from the recommended budget. 10. The County Board of Commissioners, or any committee thereof, may direct the County Executive and/or other elected officials to submit any additional information it deems relevant in its consideration of the budget and proposed appropriations measure. The Board of Commissioners or the committees thereof may conduct budgetary reviews with the Fiscal Officer, and/or County departments and divisions or agencies, etc., for the purpose of clarification or justification of proposed budgetary items. 11. The County Board of Commissioners may revise, alter, or substitute for the proposed general appropriations measure in any way, except that it may not change it in a way that would cause total appropriations, including an accrued deficit, to exceed total estimated revenues, including an unappropriated surplus. An accrued deficit shall be the first item to be resolved in the general appropriations measure. 12. The County Board of Commissioners shall fix the time and place of a public hearing to be held on the budget and proposed appropriations measure. The Clerk/Register shall then have published, in a newspaper of general circulation within the County of Oakland, notice of the hearing and an indication of the place at which the budget and proposed appropriations measure may be inspected by the public. This notice must be published at least seven days before the date of the hearing. 13. No later than September 30, the Board of Commissioners shall pass a general appropriations measure providing the authority to make expenditures and incur obligations on behalf of the County of Oakland. The supporting budgetary data to the general appropriations measure shall include at least the following: a. Expenditure data for the most recently completed fiscal year, Commissioners Minutes Continued. September 22, 2005 448 b. The expenditures budget as originally adopted by the Board of Commissioners for the current fiscal year, c. The amended current year appropriations, d. An estimate of the expenditure amounts required to conduct, the government of Oakland County, including its budgetary centers, e. Revenue data for the most recently completed fiscal year and estimated revenues, or amended budget, for the current fiscal year, f. Budgeted revenue estimates as originally adopted by the Board of Commissioners for the current fiscal year, g. The amended current year Budgeted revenues, h. An estimate of revenues, by source, to be raised or received by Oakland County in the ensuing fiscal year, i. The amount of surplus or deficit from prior fiscal years, together with an estimate of the amount of surplus or deficit expected in the current fiscal year, j. An estimate of the amount needed for deficiency, contingent on emergency purposes, and the amounts needed to pay and to discharge the principal and interest of the debt of Oakland County due in the ensuing fiscal year, k. The amount of proposed capital outlay expenditures, except those financed by enterprise, capital project, or internal service funds, including the estimated total costs and proposed method of financing of each capital construction project and the projected additional annual operating cost and the method of financing the operating costs of each capital construction project for three (3) years beyond the fiscal year covered by the budget, l. An informational summary of projected revenues and expenditures/expenses of capital projects, internal service, and enterprise funds, m. Any other data relating to fiscal conditions that the Board of Commissioners considers to be useful in considering the financial needs of the County, n. Printed copies of the Board of Commissioners Adopted Budget, Financial Plan or any facsimile thereof shall contain all of the above data unless otherwise approved by the Board of Commissioners, 14. The Board of Commissioners may authorize transfers between appropriation items by the County Executive or Fiscal Officer within limits stated in the appropriations measure. In no case, however, may such limits exceed those provided for in paragraph #22 of this resolution. 15. A deviation from the original general appropriations measure shall not be made without first amending the general appropriations measure through action by the Board of Commissioners, except within those limits provided for in paragraph #16 of this resolution. 16. Appropriations accumulated at the following three summary levels of expenditure within each County Department will be deemed maximum authorization to incur expenditures: Personnel Expenditures, Operating Expenditures, and Internal Support Expenditures. The County Executive or the Fiscal Officer shall exercise supervision and control of all budgeted expenditures within these limits, holding expenditures below individual line-item appropriations or allowing overruns in individual line-items providing that at no time shall the net expenditures exceed the total appropriation for Personnel and Operating Expenses, respectively, for each department as originally authorized or amended by the Board of Commissioners. The Fiscal Officer shall submit to the Finance Committee a quarterly listing of new governmental funded appropriations and internal service fund line items created administratively which were not properly classifiable. Line-item detail, division, unit or cost center detail and allotments, which provide a monthly calendarization of annual appropriations, as deemed necessary by the Fiscal Officer shall be maintained and utilized as an administrative tool for management information and cost control. The Fiscal Officer shall not approve any expenditure beyond that necessary to accomplish stated program or work objectives authorized in the general appropriation measure as originally approved unless amended, in which case the amendment takes precedence. Commissioners Minutes Continued. September 22, 2005 449 17. The Fiscal Officer shall maintain, for all budgeted funds, appropriation ledger accounts in which are to be recorded such expenditure encumbrances and obligations for the future payment of appropriated funds as the Fiscal Officer may approve. 18. Each purchase order, voucher or contract of Oakland County shall specify the funds and appropriation designated by number assigned in the accounting system classification from which it is payable and shall be paid from no other fund or appropriation. The necessary amount of the appropriation from such account shall be transferred pursuant to the provisions of this resolution to the appropriate general appropriation account and the expenditure then charged thereto. 19. No obligation shall be incurred against, and no payment shall be made from, any appropriation account unless there is a sufficient unencumbered balance in the appropriation and sufficient funds are or will be available to meet the obligation. All capital projects funded from the Capital Improvement Fund shall require approval of the Board of Commissioners on recommendation of the appropriate liaison committee (Planning and Building Committee) prior to initiation of the project. Any obligation incurred or payment authorized in violation of this resolution shall be void and any payment so made illegal except those otherwise ordered by court judgment or decree. 20. The Fiscal Officer, after the end of each quarter, shall transmit to the Board of Commissioners a report depicting the financial condition of budgeted operations, including, but not limited to: a. A forecast of actual revenues by major source compared with budgeted revenues accompanied by an explanation of any significant variances, b. A forecast of actual expenditures and encumbrances by department compared with authorized appropriations accompanied by an explanation of any significant variances, and c. A forecast of actual expenditures, encumbrances and transfers from each of the several non-departmental appropriations accounts compared with authorized appropriations accompanied by an explanation of any significant variances. 21. Direct expenditure and/or transfers of any unencumbered balance or any portion thereof in any appropriation for transfer account to any other appropriations account may not be made without amendment of the general appropriation measure as provided for in this resolution, except that transfers within and between budgeted funds and departments may be made by the Fiscal Officer in the following instances: a. Transfers may be made from the non-departmental overtime account and fringe benefit adjustment account to the appropriate departmental budget as specific overtime requests are reviewed and approved by the Fiscal Services Division. Additionally, overtime appropriations may be transferred between divisions within a department at the request of the Department Head, if authorized by the Fiscal Officer or his designee. b. Transfers may be made from the non-departmental appropriation accounts for Maintenance Department Charges and Miscellaneous Capital Outlay to the appropriate departmental budget as specific requests for these items are reviewed and approved by the Fiscal Officer. c. Transfers may be made from the non-departmental appropriation accounts Emergency Salaries and Summer Help as specific requests for these items are reviewed and approved by the Human Resources Department. d. Transfers may be made from salary and fringe benefit savings, resulting from use of Merit System Administrative Leave without Pay provisions, from departmental budgets to a non-departmental Administrative Leave account. Quarterly reports identifying such transfers and detailing the status of the non-departmental Administrative Leave account shall be provided to the appropriate Board committees. e. Fringe benefit rates shall be established annually in the budget process to charge all General Fund/General Purpose, Special Revenue and Proprietary funds for actual employer fringe benefit costs. Such rates shall be sufficient to meet all fringe benefit costs including sick leave and annual leave accumulations, tuition Commissioners Minutes Continued. September 22, 2005 450 reimbursement, employee training, retirees' medical and retirement administration. All funds collected for Retirement, Tuition Reimbursement, Social Security (FICA), Medical for active and retired employees, Disability, Dental, Optical, and Life and Accident Insurance shall be transferred to the Employee Fringe Benefit Fund as established by Miscellaneous Resolution #81-312. Sufficient funds shall be maintained in the Employee Fringe Benefit Fund liability account for sick leave and annual leave to cover the accumulated liability at an amount equal to 50% of the sick leave accumulation and 100% of the annual leave accumulation, including applicable Social Security (FICA) taxes thereon. All funds collected by Workers' Compensation and Unemployment Compensation shall be transferred to the Fringe Benefit Fund as established by Miscellaneous Resolution #81-012 and modified by Miscellaneous Resolution #96-024. f. The transfer of funds to the Capital Improvement Fund and Building Fund shall not be made prior to September 30, without approval from the Finance Committee of the Board of Commissioners. g. Transfers (advances) may be made as necessary from the Drain Revolving Fund to Drain Construction Funds and Drain Maintenance Funds as short term advances for costs incurred such as preliminary engineering fees and ongoing maintenance costs. Costs incurred by Drain Maintenance Funds and Drain Construction Funds will be repaid by the Drain Fund through assessments. Specific requests will be reviewed and approved by the Fiscal Officer. h. A transfer of any or all of the appropriation allocated under the Non-Departmental account for Legislative Expense (#90-290000-25000-3064) shall not be made to any departmental budget without adoption of an Oakland County Board of Commissioners resolution. 22. The Board of Commissioners may make supplemental appropriations by amending this general appropriations measure as provided by this resolution, provided that revenues in excess of those anticipated in the original general appropriations measure become available due to: a. An unobligated surplus from prior years becoming available; b. Current year revenue exceeding original estimate in amounts sufficient enough to finance increased appropriations. The Board of Commissioners may make a supplemental appropriation by increasing the dollar amount of an appropriation item in the original general appropriations measure or by adding additional items. At the same time the estimated amount from the source of revenue to which the increase in revenue may be attributed shall be increased, or other source and amount added in a sum sufficient to equal the supplemental expenditure amount. In no case may such appropriations cause total estimated expenditures, including an accrued deficit, to exceed total estimated revenues, including an unappropriated surplus. 23. Whenever it appears to the County Executive or the Board of Commissioners that actual and probable revenues in any fund will be less than the estimated revenues upon which appropriations from such fund were based, the County Executive shall present to the Board of Commissioners recommendations which, if adopted, will prevent expenditures from exceeding available revenues for the current fiscal year. Such recommendations shall include proposals for reducing appropriations, increasing revenues, or both. After receiving the recommendations of the County Executive for bringing appropriations into balance with estimated revenues, the Board of Commissioners shall amend the general appropriations measure to reduce appropriations or shall approve such measures necessary to provide revenues sufficient to equal appropriations, or both. 24. All appropriations are annual and the unexpended portion shall lapse at year-end. Encumbrances and appropriations carried forward shall be recorded as a designated fund balance, and the subsequent year's budget amended to provide authority to complete these transactions. Appropriations shall not be carried forward for more than six (6) months into the budget year following the year in which they were originally appropriated. A status report on Appropriations Carried Forward, as required by Commissioners Minutes Continued. September 22, 2005 451 Miscellaneous Resolution #93-156, will be incorporated as an integral part of the ensuing year's Second Quarter Financial Forecast for the purposes of determining their continuation for the remainder of the year. The recommended year-end budget amendment shall be supported with a statement of revenues and expenditures and operating surplus or deficit which shall contain the following data: (1) budget as adopted; (2) budget amendments; (3) budget as adjusted; (4) revenues and expenditures, operating surplus or deficit; (5) accrued revenue and expenditures; (6) transfers; (7) total revenues and expenditures and transfers, operating surplus or deficit, including accruals and transfers; (8) encumbrances; (9) appropriations carried forward; (10) total revenues and appropriations utilized, operating surplus or deficit, including encumbrances and appropriations carried forward; (11) balance of revenues not collected, unencumbered appropriation balance, operating surplus or deficit; (12) detail of adjustments to designated and undesignated fund balance, detail of adjustment to reserves and/or any other utilization of surplus; (13) final surplus or deficit or undesignated fund balance carried forward to the subsequent year's budget. 25. A member of the Board of Commissioners, the County Executive, any elected officer, the Fiscal Officer, any other administrative officer or employee of Oakland County shall not: (1) create a debt, incur a financial obligation on behalf of the County against an appropriation account in excess of the amount authorized, (2) apply or divert money of the County for purposes inconsistent with those specified in this general appropriations measure as approved and amended by the Board of Commissioners, nor (3) forgive a debt or write off an account receivable without appropriate authorization of the Board of Commissioners, as described in Miscellaneous Resolution #93-135. Specifically, application of the foregoing Bad Debt Write Off Policy shall be invoked for all amounts in excess of $1,000; transactions of a lesser amount shall be considered within the administrative authority of the Fiscal Officer. Furthermore, the Fiscal Services Division must submit to the Board of Commissioners, as part of the quarterly financial report, a listing of all bad debt write offs occurring during the preceding three months. In addition, transactions relating to Inmate Prisoner Billings which are billed in excess of ability to pay, as determined by the Reimbursement Division, are hereby authorized to be adjusted in accordance with Public Act 212 of 1994 with the resultant amount of the write-off subsequently reported to the Board of Commissioners as part of the Quarterly Financial Report. Also, within the administrative authority of the Fiscal Officer and with the general approval of the Court, Circuit Court and Probate Court financial orders for $2,500 or less may be reduced and amended by the Reimbursement Division based on an individual’s ability to pay. Waiver of fees in excess of $2,500 shall require the approval of the Court. Except as otherwise stated in the General Appropriations Act, funds shall not be expended without specific appropriation or other appropriate action by the Board of Commissioners from reserved, designated or undesignated fund equity; from balance sheet accounts for the purchase of fixed assets not cited in paragraph 26 of the General Appropriations Act, non-routine prepaid items or non-routine obligations related to a specific appropriation; or from funds not budgeted. 26. All Internal Service Fund budgets that have depreciable assets shall have a capital budget with detail supporting the amount of annual depreciation therein included, as well as a fiscal plan for replacing, upgrading or disposing of those assets. 27. The budgetary system shall be maintained on the same basis of accounting (generally accepted accounting principles) as the actual financial information is maintained. 28. Any violation of the general appropriations measure by the County Executive, the Fiscal Officer, any administrative officer, employee or member of the Board of Commissioners detected through application of generally accepted accounting procedures utilized by Oakland County or disclosed in an audit of the financial records and accounts of the County shall be filed with the State Treasurer and reported by the State Treasurer to the Attorney General. Pursuant to Public Act 621 of 1978, the Uniform Budgeting Act, the Attorney General shall review the report and initiate appropriate action against the person or persons in violation. For use and benefit of the County of Oakland, the Attorney General or Prosecuting Attorney may institute a civil and/or criminal action in a court of Commissioners Minutes Continued. September 22, 2005 452 competent jurisdiction for the recovery of County funds disclosed by an examination to have been illegally expended or collected as a result of malfeasance, and for the recovery of public property disclosed to have been converted or misappropriated. 29. The provisions of this act shall be applied to the General Fund and all Special Revenue and Proprietary Funds of the County, including Enterprise Funds and Internal Service Funds. BE IT FURTHER RESOLVED that as a condition of appropriation to a Community Mental Health Authority, the Community Mental Health Authority shall submit to an annual performance audit by an entity to be selected by the Board of Commissioners with the parameters of said annual performance audit to be determined by the County’s Audit Committee. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution which embodies the Fiscal Year 2006 General Appropriations Act as detailed in the Fiscal Year 2006 Budget document, including subsequent amendments. FINANCE COMMITTEE Copy of County of Oakland Fiscal Year 2006 and Fiscal Year 2007 Revenue Summary Executive Recommendation and Finance Committee Recommendation, and County of Oakland Fiscal Year 2006 and Fiscal Year 2007 Finance Committee Recommended Budget Revenues on file in County Clerk’s office. REPORT (MISC. #05225) BY: Personnel Committee, Greg Jamian, Chairperson IN RE: RECOMMENDED FISCAL YEAR 2006 GENERAL SALARY INCREASES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee has reviewed the County Executive's recommendation regarding salary issues for the Fiscal Year 2006 Budget. The County Executive is recommending a two (2%) percent general salary increase for most non-represented County classifications effective October 1, 2005. This date is the beginning of the first pay period for Fiscal Year 2006. The Human Resources Department has presented extensive materials to provide historical data, background information and job market survey data to support the general salary increase recommendation. Certain classifications have been made exceptions to the salary grade placement due to severe market situations, difficulty in recruitment and retention of qualified job candidates or other unique situations. The Personnel Committee has reviewed the County Executive's recommendation that these classifications receive a general salary increase of two (2%) percent effective October 1, 2005. The full-time employees in the Appointed Official classification are not in the salary grade plan. The Personnel Committee has reviewed the County Executive's recommendation that these classifications receive a general salary increase of two (2%) percent effective October 1, 2005. The Appointed Board and Commission Member classification are exceptions to the Salary Grade Classification and includes: Jury Board Member, Road Commission Chairperson, Road Commissioner, Social Services Board Chairperson and Social Services Board Member. The County Executive has made no recommendation for this classification. The Personnel Committee has reviewed the County Executive's recommendation that Part-time/Hourly classes, with the exception of the Parks Helper classification, receive a general salary increase of two (2%) percent effective October 1, 2005. Parks Helper positions perform routine manual and/or clerical duties assisting higher level employees involved in the maintenance and operations of the County Park facilities. Seasonal Laborer employees are often reclassified to Parks Helpers. The County Executive in not recommending that the Seasonal Laborer Class receive an increase in Fiscal Year 2006. The County Executive in not recommending a general salary increase for Student, Summer and Seasonal classifications for Fiscal Year 2006. The Personnel Committee has reviewed the comparison of current summer salary rates and the Fast Food Survey data that was provided by the Human Resources Department to support this recommendation. Commissioners Minutes Continued. September 22, 2005 453 The Personnel Committee recommends the following actions: 1. Increase the current salary ranges for salary grades 1 - 21 by a general salary increase of 2% effective October 1, 2005. This date is the beginning of the first pay period for Fiscal Year 2006. 2. Increase all remaining classifications not represented by bargaining units by a general salary increase of 2% effective October 1, 2005, including appointed officials, classes designated as exceptions to salary grades 1 - 21, and part-time/hourly classes, but excluding: Circuit, Probate and District Court Judges which are currently at the maximum rate allowed; and Commissioners which will be addressed by a separate report; and Other Elected Officials which will be addressed by a separate report; and Appointed Board and Commission members; and Summer, Student, and Seasonal classifications; and Park Helper classification. 3. Retitle the classification of General Staff Nurse, which is assigned to the Jail to Correctional Health Nurse. 4. Further, that no transfer of monies is required to fund these increases since sufficient monies have been budgeted in the departmental salaries and fringe benefit line items. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE REPORT (MISC. #05225) BY: Personnel Committee, Greg Jamian, Chairperson IN RE: RECOMMENDED FISCAL YEAR 2006 SALARY INCREASE FOR COUNTY EXECUTIVE, PROSECUTING ATTORNEY, COUNTY CLERK/REGISTER OF DEEDS, DRAIN COMMISSIONER, SHERIFF AND COUNTY TREASURER To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee has reviewed the information provided by the Human Resources department regarding Wage Increase Comparisons of Oakland County Elected Officials. The County Executive traditionally does not make recommendations for elected officials' salary rates. The Personnel Committee is recommending that the current salary of for the County Executive, Prosecuting Attorney, Clerk/Register of Deeds, Drain Commissioner, Sheriff and Treasurer be increased by the percentage, which is comparable to and consistent with the general salary increase provided to non-represented employees. This two (2%) percent increase will become effective October 1, 2005. Further, that no transfer of monies is required to fund these increases since sufficient monies have been budgeted in the departmental salaries and fringe benefit line items. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE REPORT (MISC. #05225) BY: Personnel Committee, Greg Jamian, Chairperson IN RE: RECOMMENDED 2006 SALARY INCREASE FOR COUNTY COMMISSIONERS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee has reviewed the information provided by the Human Resources department regarding elected official salary rates. The County Executive traditionally does not make recommendations for elected officials' salary rates. In accordance with provisions under Public Act 20 of 2005, the Personnel Committee is recommending that the current salary of the County Commissioners be increased by the percentage, which is comparable to and consistent with the general salary increase provided to non-represented employees. This two (2%) percent increase will become effective January 1, 2006. Further, that no transfer of monies is required to fund these increases since sufficient monies have been budgeted in the departmental salaries and fringe benefit line items. Commissioners Minutes Continued. September 22, 2005 454 Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE REPORT (MISC. #05225) BY: Planning and Building Committee, Charles Palmer, Chairperson IN RE: 2006 FACILITIES MAINTENANCE AND OPERATIONS DIVISION – SPECIAL PROJECTS BUDGET To the Oakland County Finance Committee Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed 2006 Facilities Maintenance and Operations Division Special Projects Budget on July 12, 2005, reports with the recommendation that the Special Projects Budget be approved in the amount of $400,000 as outlined in the attached report dated July 12, 2005. Chairperson, on behalf of the Planning and Building Committee, I submit the foregoing report. PLANNING AND BUILDING COMMITTEE Copy of 2006 Special Projects on file in County Clerk’s office. REPORT (MISC. #05225) BY: Planning and Building Committee, Charles Palmer, Chairperson IN RE: 2006 – 2010 CAPITAL IMPROVEMENT PROGRAM – UTILITIES To the Oakland County Finance Committee Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the 2006 – 2010 Capital Improvement Program (Utilities Section) on July 12, 2005, reports with the recommendation that the Utilities Section of the Program, a conceptual identification of possible future capital improvement needs, be approved in the amount of $520,000 as outlined in the attached report dated July 12, 2005. Chairperson, on behalf of the Planning and Building Committee, I submit the foregoing report. PLANNING AND BUILDING COMMITTEE Copy of 2006 – 2010 Capital Improvement Program for Utilities, Roads, and Parking on file in County Clerk’s office. REPORT (MISC. #05225) BY: Planning and Building Committee, Charles Palmer, Chairperson IN RE: 2006 – 2010 CAPITAL IMPROVEMENT PROGRAM – BUILDINGS To the Oakland County Finance Committee Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the 2006 – 2010 Capital Improvement Program (Buildings Section) on July 12, 2005, reports with the recommendation that the Buildings Section of the Program, a conceptual identification of possible future capital improvement needs, be approved in the amount of $5,393,000 as outlined in the attached report dated July 12, 2005. Chairperson, on behalf of the Planning and Building Committee, I submit the foregoing report. PLANNING AND BUILDING COMMITTEE Copy of Index 2006 Capital Improvement Program, and Oakland County Capital Improvement Program 2006 - 2010 on file in County Clerk’s office. Moved by Moss supported by Kowall the resolution be adopted. Moved by Moss supported by Kowall the Finance Committee Report, the Personnel Committee Reports and the Planning and Building Reports be accepted. A sufficient majority having voted in favor, the reports were accepted. Commissioners Minutes Continued. September 22, 2005 455 Moved by Moss supported by Palmer the resolution be amended to coincide with the recommendation in the Finance Committee Report. Vote on Finance Committee Report: AYES: Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Scott, Wilson, Woodward, Zack, Bullard, Coleman, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian. (23) NAYS: None. (0) A sufficient majority having voted in favor, the amendment carried. Moved by Palmer supported by Coleman the resolution be amended to create the following new classifications effective January 1, 2006: Chairperson – Board of Commissioners – at an annual salary $10,000 higher than the salary assigned to the Commissioner classification. Vice Chairperson – Board of Commissioners – at an annual salary of $5,000 higher than the salary assigned to the Commissioner classification. Majority Party Caucus Chairperson – Board of Commissioners – at an annual salary $5,000 higher than the salary assigned to the Commissioner classification. Minority Party Caucus Chairperson – Board of Commissioners – at an annual salary $5,000 higher than the salary assigned to the commissioner classification. Moved by Palmer supported by Coleman to further amend the Fiscal Year 2006 and Fiscal Year 2007 Finance Committee recommended budget, transferring, $18,500 in Fiscal Year 2006 and $25,000 in Fiscal year 2007, from the non-departmental Rate and Classification Change account to the Board of Commissioners – Administration Budget, to cover the cost of the new classifications. Discussion followed. Vote on Palmer’s amendment: AYES: Middleton, Nash, Palmer, Patterson, Potter, Wilson, Woodward, Zack, Bullard, Coleman, Coulter, Crawford, Gregory, Hatchett, Jamian. (15) NAYS: Long, Melton, Molnar, Moss, Scott, Douglas, Gershenson, Kowall. (8) A sufficient majority having voted in favor, the amendment carried. Discussion followed. Moved by Douglas supported by Scott the resolution be amended as follows: To strike the Fiscal Year 2006 2% salary increase for the County Commissioners from the Board of Commissioners Salaries line item 2001 (51-211000-10000-2001) and accompanying adjustment to the Fringe Benefits line item 2074. Discussion followed. Vote on Douglas’ amendment: AYES: Melton, Scott, Wilson, Douglas, Gershenson. (5) NAYS: Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Woodward, Zack, Bullard, Coleman, Coulter, Crawford, Gregory, Hatchett, Jamian, Kowall, Long. (18) A sufficient majority not having voted in favor, the amendment failed. Commissioners Minutes Continued. September 22, 2005 456 Discussion followed. Moved by Melton supported by Hatchett that the Fiscal Year 2006 General Appropriation Act be amended to add the following: BE IT FURTHER RESOLVED that the 2 positions under Sheriff’s Work Crew Program, identified within Corrections Services as Trusty Camp (position #43415-07422) and Work Release (position #43430-07423), that were previously funded through a State Office of Community Correction’s grant, which expires September 30, 2005, shall be funded through an appropriation funded from the transfer of $120,000 from the Capital and Cooperative Initiatives Revolving Fund (CCRIF). Discussion followed. Vote on Melton’s amendment: AYES: Nash, Woodward, Zack, Coleman, Coulter, Gershenson, Gregory, Hatchett, Melton. (9) NAYS: Middleton, Molnar, Moss, Palmer, Patterson, Potter, Scott, Wilson, Bullard, Crawford, Douglas, Jamian, Kowall, Long. (14) A sufficient majority not having voted in favor, the amendment failed. Vote on resolution, as amended: AYES: Molnar, Moss, Nash, Palmer, Patterson, Potter, Scott, Wilson, Woodward, Zack, Bullard, Coleman, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolution, as amended, was adopted. REPORT (MISC. #05152) BY: General Government Committee, William R. Patterson, Chairperson IN RE: BOARD OF COMMISSIONERS – CREATION OF CRIMINAL JUSTICE COORDINATING COUNCIL To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #05152 on August 22, 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 REPORT (MISC. #05152) BY: Public Services Committee, Jeff Potter, Chairperson IN RE: BOARD OF COMMISSIONERS – CREATION OF CRIMINAL JUSTICE COORDINATING COUNCIL To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Public Services Committee, having reviewed Miscellaneous Resolution #05152 on August 23, 2005, reports with a recommendation that the resolution be adopted. Chairperson, on behalf of the Public Services Committee, I move acceptance of the foregoing report. PUBLIC SERVICES COMMITTEE Commissioners Minutes Continued. September 22, 2005 457 MISCELLANEOUS RESOLUTION #05152 BY: Commissioners Eric Wilson, Hugh D. Crawford, Eileen T. Kowall, Helaine Zack IN RE: BOARD OF COMMISSIONERS - CREATION OF CRIMINAL JUSTICE COORDINATING COUNCIL To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Jail Population Task Force was created to look into ways to: (a) develop a jail population Management plan; (b) expedite the processing of criminal cases; and (c) recommend jail population management policies; and WHEREAS chronic jail crowding has placed a tremendous burden on Oakland County's criminal justice system for many years. Oakland County has added close to 350 medium and minimum security level beds since December 1996, and still has to consistently utilize out-county housing to maintain inmate population levels to avoid implementation of a jail overcrowding emergency. In 2004, out-county inmate population averaged 145 inmates per day; and WHEREAS the National Institute of Corrections recommends comprehensive systemwide planning (interagency and cross-jurisdictional) to streamline the entire local system of justice, eliminate duplication, fill service gaps and generally improve the quality of service while controlling costs; and WHEREAS the consultants from the National Institute of Corrections (NIC) recommended that Oakland County "develop a collaborative approach with accompanying organization mechanisms to increase communication, cooperation and coordination of the entire justice system operating within Oakland County"; and WHEREAS the NIC consultants recommended that Oakland County establish "a Criminal Justice Coordinating Committee (CJCC). This will provide the organizational framework and mechanism to allow key justice system officials to do three things: 1) develop consensus (relying heavily on data) about what is wrong with the system; 2) develop a vision of what the new, improved system should look like; and 3) develop and implement policies, programs and operational action plans”; and WHEREAS a Criminal Justice Coordinating Committee will provide a forum where key justice system agency officials and other officials of general government may discuss and address justice system issues; and WHEREAS the advantages of a Criminal Justice Coordinating Committee include providing for a better understanding of crime and criminal justice problems, greater cooperation among agencies and units of local government, clearer objectives and priorities, more effective resource allocation and better quality criminal justice programs. Taken together, these results can enhance criminal justice system performance. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes the creation of the Oakland County Criminal Justice Coordinating Council. BE IT FURTHER RESOLVED in accordance with the recommendation from the Jail Population Management Task Force, participation on the Oakland County Criminal Justice Coordinating Council is voluntary. Membership is intended to include all justice system stakeholders, including representatives of the public. BE IT FURTHER RESOLVED the initial members of the Oakland County Criminal Justice Coordinating Council shall include: Oakland County Sheriff Oakland County Prosecuting Attorney Oakland County Circuit Court Chief Judge Oakland County Community Corrections Manager Oakland County Circuit Court Probation Manager Oakland County Executive Oakland County Corporation Counsel 1 Representative of the Oakland County Police Chiefs 3 Members of the Oakland County Board of Commissioners (2 from the majority party and 1 from the minority party) Oakland County 52nd District Court Chief Judge 1 Judge nominated by the District Court Judges Association (consisting of District Courts: 35, 43, 44, 45A, 45B, 46, 47, 48, 50 and 51) 1 Representative of the Criminal Defense Bar, appointed by the Oakland County Bar Association Commissioners Minutes Continued. September 22, 2005 458 2 Representatives of the public at large, appointed by the Board of Commissioners BE IT FURTHER RESOLVED that each member of the Oakland County Criminal Justice Coordinating Council shall have voting rights and may designate one alternate who would have voting rights in their absence. BE IT FURTHER RESOLVED that the Oakland County Criminal Justice Coordinating Council is to review the reports of the Oakland County Jail Population Management Task Force, the National Institute of Corrections and Oakland County staff; conduct a study of how jail space is currently being used and make policy recommendations on the future utilization of jail space and other correctional sanctions and options. BE IT FURTHER RESOLVED that the Oakland County Criminal Justice Coordinating Council is charged with developing recommendations and plans to: (1) enhance the management of Oakland County's criminal justice population, including, but not limited to, issues related to utilization of jail space; (2) foster communication, cooperation and coordination toward developing a collaborative approach to the entire justice system operating within Oakland County; (3) provide more effective resource allocation and (4) improve the quality of criminal justice programs. BE IT FURTHER RESOLVED that the Oakland County Criminal Justice Coordinating Council shall submit its reports, findings and recommendations to Oakland County's elected officials, policymakers, criminal justice agencies and stakeholders for consideration. BE IT FURTHER RESOLVED that the Oakland County Criminal Justice Coordinating Council develop and adopt bylaws to govern its operations, formalize processes and delineate specific powers and duties of the Chairperson, Vice Chairperson and members. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners concurs with the recommendations of both the Jail Population Management Task Force and National Institute of Corrections that independent, full time staff support is critical to the success of the Oakland County Criminal Justice Coordinating Council. It is anticipated that the CJCC will submit a request for skilled professional staff to collect and analyze data and who has an understanding of justice system agencies and processes. BE IT FURTHER RESOLVED that the Jail Population Management Task Force remain in effect until the Oakland County Criminal Justice Coordinating Council is established. Chairperson, we move the adoption of the foregoing resolution. ERIC WILSON, HELAINE ZACK, EILEEN KOWALL, HUGH CRAWFORD, GEORGE SUAREZ, TOM MIDDLETON, TIM MELTON, WILLIAM MOLNAR, JEFF POTTER, WILLIAM PATTERSON, MARCIA GERSHENSON, CHUCK MOSS, BILL BULLARD, JIM NASH, DAVID COULTER, CHRISTINE LONG, MATTIE HATCHETT, DAVE WOODWARD Action taken at the September 1, 2005 board meeting. Moved by Wilson supported by Zack the resolution be adopted. Moved by Wilson supported by Zack the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Wilson supported by Zack the Public Services Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Commissioners Minutes Continued. September 22, 2005 459 Moved by Crawford supported by Wilson the resolution be amended in the 2nd BE IT FURTHER RESOLVED paragraph, 9th and 10th line down to read as follows: BE IT FURTHER RESOLVED the initial members of the Oakland County Criminal Justice Coordinating Council shall include: Oakland County Sheriff Oakland County Prosecuting Attorney Oakland County Circuit Court Chief Judge Oakland County Community Corrections Manager Oakland County Circuit Court Probation Manager Oakland County Executive Oakland County Corporation Counsel 1 Representative of the Oakland County Police Chiefs (5) 3 Members of the Oakland County Board of Commissioners ((3) 2 from the majority party and (2) 1 from the minority party) Oakland County 52nd District Court Chief Judge 1 Judge nominated by the District Court Judges Association (consisting of District Courts: 35, 43, 44, 45A, 45B, 46, 47, 48, 50 and 51) 1 Representative of the Criminal Defense Bar, appointed by the Oakland County Bar Association 2 Representatives of the public at large, appointed by the Board of Commissioners Discussion followed. Vote on amendment: AYES: Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard, Coleman, Coulter, Crawford, Douglas, Gershenson, Gregory. (24) NAYS: None. (0) A sufficient majority having voted in favor, the amendment carried. Vote on resolution, as amended: AYES: Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard, Coleman, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolution, as amended, was adopted. Action taken at the September 22, 2005 board meeting. Moved by Wilson supported by Patterson to reconsider Miscellaneous Resolution #05152 – BOARD OF COMMISSIONERS – CREATION OF CRIMINAL JUSTICE COORDINATING COUNCIL. A sufficient majority having voted in favor, the resolution was before the Board for reconsideration. Moved by Wilson supported by Zack the resolution be amended in the second BE IT FURTHER RESOLVED PARAGRAPH, following the words “5 Members of the Oakland County Board of Commissioners” add the words “Appointed by the Board of Commissioners”. And to insert a fourth BE IT FURTHER RESOLVED paragraph to read as follows: BE IT FURTHER RESOLVED that members of the Oakland County Criminal Justice Coordinating Council shall serve a two-year term concurrent with the term of the Oakland County Board of Commissioners. Commissioners Minutes Continued. September 22, 2005 460 Vote on resolution, as amended: AYES: Moss, Nash, Palmer, Patterson, Potter, Scott, Wilson, Woodward, Zack, Bullard, Coleman, Coulter, Crawford, Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Middleton, Molnar. (21) NAYS: None. (0) A sufficient majority having voted in favor, the resolution, as amended, was adopted. MISCELLANEOUS RESOLUTION #05226 BY: Charles E. Palmer, District #19 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF CLAWSON – FISCAL YEAR 2005 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners via Miscellaneous Resolution #05061 approved the extension of the West Nile Virus Fund for Fiscal Year 2005; and WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the City of Clawson has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the Fiscal Year 2005 authorized amount of funding for the City of Clawson is $4,300.94 from the West Nile Virus Fund as repayment to the City of Clawson for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the City of Clawson as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the Fiscal Year 2005 appropriation in the amount of $4,300.94 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the City of Clawson for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. CHARLES PALMER Copy of letter from George J. Miller, M.A., Manager/Health Officer of the Oakland County Health Division, Request for West Nile Virus Fund Reimbursement, memo from Harry Drinkwine, City of Clawson resolution requesting reimbursement for West Nile Virus program, and Clarke Mosquito Control Invoice on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #05227 BY: John A. Scott, District #5 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF LAKE ANGELUS – FISCAL YEAR 2005 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners via Miscellaneous Resolution #05061 approved the extension of the West Nile Virus Fund for Fiscal Year 2005; and WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and Commissioners Minutes Continued. September 22, 2005 461 WHEREAS pursuant to the Disbursement Policy, the City of Lake Angelus has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the Fiscal Year 2005 authorized amount of funding for the City of Lake Angelus is $327.71 from the West Nile Virus Fund as repayment to the City of Lake Angelus for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the City of Lake Angelus as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the Fiscal Year 2005 appropriation in the amount of $327.71 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the City of Lake Angelus for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. JOHN SCOTT Copy of letter from George J. Miller, M.A., Manager/Health Officer of the Oakland County Health Division, Request for West Nile Virus Fund Reimbursement, Attachment A – Project Description, Attachment B – Governing Body Resolution, and Attachment C – Expense Invoices on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #05228 BY: Christine Long, District #7 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE VILLAGE OF MILFORD – FISCAL YEAR 2005 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners via Miscellaneous Resolution #05061 approved the extension of the West Nile Virus Fund for Fiscal Year 2005; and WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the Village of Milford has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the Fiscal Year 2005 authorized amount of funding for the Village of Milford is $2,317.10 from the West Nile Virus Fund as repayment to the Village of Milford for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the Village of Milford as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the Fiscal Year 2005 appropriation in the amount of $2,317.10 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the Village of Milford for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. CHRISTINE LONG Copy of letters from George J. Miller, M.A., Manager/Health Officer of the Oakland County Health Division, Becky Jacques, CMFA Treasurer/Finance Director of the Village of Milford, invoice from the Milford Times, minutes of the August 1, 2005 board minutes for the Village of Milford, West Nile Virus Reimbursement request, Village of Milford West Nile Virus Project Description, Village of Milford Resolution 05-018 Authorizing West Nile Virus Fund Expense Reimbursement Request, memo from Kelly J. Knight, Deputy Supervisor of Charter Township of Commerce with invoices for the West Nile Virus Project, and information articles on West Nile Virus in file in County Clerk’s office. Commissioners Minutes Continued. September 22, 2005 462 The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #05229 BY: Tom Middleton, District #4, William R. Patterson #1 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CHARTER TOWNSHIP OF INDEPENDENCE – FISCAL YEAR 2005 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners via Miscellaneous Resolution #05061 approved the extension of the West Nile Virus Fund for Fiscal Year 2005; and WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the Charter Township of Independence has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the Fiscal Year 2005 authorized amount of funding for the Charter Township of Independence is $15,232.31 from the West Nile Virus Fund as repayment to the Charter Township of Independence for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the Charter Township of Independence as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the Fiscal Year 2005 appropriation in the amount of $15,232.31 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the Charter Township of Independence for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. TOM MIDDLETON, WILLIAM PATTERSON Copy of letter from George J. Miller, M.A., Manager/Health Officer of the Oakland County Health Division, West Nile Virus Fund Reimbursement Request, the 2005 West Nile Virus Abatement Program Purpose and Scope, Resolution Authorizing West Nile Virus Fund Expense Reimbursement Request, Charter Township of Independence Purchase Requisition for West Nile Virus Flyers, Invoice from Spectrum Printing, Charter Township of Independence Purchase Requisition for Bulk Mail Postage, and the 2005 West Nile Virus Abatement Program Cost Table on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #05230 BY: Marcia Gershenson, District #17 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE VILLAGE OF BEVERLY HILLS – FISCAL YEAR 2005 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners via Miscellaneous Resolution #05061 approved the extension of the West Nile Virus Fund for Fiscal Year 2005; and WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the Village of Beverly Hills has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and Commissioners Minutes Continued. September 22, 2005 463 WHEREAS the Fiscal Year 2005 authorized amount of funding for the Village of Beverly Hills is $3,834.09 from the West Nile Virus Fund as repayment to the Village of Beverly Hills for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the Village of Beverly Hills as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the Fiscal Year 2005 appropriation in the amount of $3,834.09 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the Village of Beverly Hills for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. MARCIA GERSHENSON Copy of letter from George J. Miller, M.A., Manager/Health Manager of the Oakland County Health Division, request for West Nile Virus Fund Reimbursement, Attachment A – Project Description, Attachment B – Governing Body Resolution, and Attachment C – Expense Invoices on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. Moved by Gershenson supported by Patterson the rules be suspended to bring Miscellaneous Resolution #05231 – BOARD OF COMMISSIONERS – DOMESTIC VIOLENCE AWARENESS MONTH before the Board for immediate consideration. Vote on suspension of the rules: AYES: Nash, Palmer, Patterson, Potter, Scott, Wilson, Woodward, Zack, Bullard, Coleman, Coulter, Crawford, Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss. (22) NAYS: None. A sufficient majority having voted in favor, the rules were suspended and Miscellaneous Resolution #05231 was before the Board. MISCELLANEOUS RESOLUTION #05231 BY: Commissioner Marcia Gershenson, District #17 and William R. Patterson, District #1 IN RE: BOARD OF COMMISSIONERS - DOMESTIC VIOLENCE AWARENESS MONTH To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS domestic violence is a serious crime that affects people of all races, ages, income levels and sexes, and shatters families and communities; and WHEREAS in the United States, over 1,800 women are murdered as a result of domestic violence every year; and WHEREAS three out of five Michigan women are affected by domestic violence; and WHEREAS thousands of individuals in Oakland County are impacted by domestic violence each year; and WHEREAS domestic violence and abuse of family members can take many forms, including physical, sexual, emotional and psychological battering where abusers use intimidation, threats, isolation and a variety of other behaviors to maintain fear and power; and WHEREAS domestic violence can be prevented with the development of educational programs. Every citizen has the ability to aid and assist those suffering from domestic abuse and let victims know that support is available through shelters, hotlines and other services; and WHEREAS domestic violence is a tremendous concern among community leaders, police, judges, advocates, healthcare workers and concerned Americans as they work together across the nation to develop solutions to this serious problem and to implement services that will improve our responses when it occurs; and Commissioners Minutes Continued. September 22, 2005 464 WHEREAS Domestic Violence Awareness Month is a time to increase education and intervention efforts to improve public awareness of the severity of the crime and to help prevent violence and reduce the related costs to society. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby proclaim the month of October as Domestic Violence Awareness Month. BE IT FURTHER RESOLVED that October 13th be recognized as Purple Ribbon day, a day dedicated to spreading the message that domestic violence will not be tolerated in our communities by supporters wearing purple ribbon and clothing. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners applauds the efforts organizations, such as Help Against Violent Encounters Now (HAVEN) for their dedication to eliminating domestic violence through treatment and prevention services across Oakland County and surrounding communities. 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 61 cities, villages and townships in Oakland County. Chairperson, we move the adoption of the foregoing resolution. MARCIA GERSHENSON, DAVID COULTER, WILLIAM PATTERSON, WILLIAM MOLNAR, CHRISTINE LONG, GREG JAMIAN, ERIC WILSON, JOHN SCOTT, TOM MIDDLETON, SUE ANN DOUGLAS, HUGH CRAWFORD, CHUCK MOSS, BILL BULLARD, CHARLES PALMER, JIM NASH, JEFF POTTER, MATTIE HATCHETT, EILEEN KOWALL, HELAINE ZACK, DAVID WOODWARD Moved by Gershenson supported by Patterson the resolution be adopted. Vote on resolution: AYES: Palmer, Patterson, Potter, Scott, Wilson, Woodward, Zack, Bullard, Coleman, Coulter, Crawford, Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash. (22) NAYS: None. A sufficient majority having voted in favor, the resolution was adopted. MISCELLANEOUS RESOLUTION #05232 BY: Helaine Zack, District #22 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE CITY OF HUNTINGTON WOODS – FISCAL YEAR 2005 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners via Miscellaneous Resolution #05061 approved the extension of the West Nile Virus Fund for Fiscal Year 2005; and WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the City of Huntington Woods has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the Fiscal Year 2005 authorized amount of funding for the City of Huntington Woods is $2,132.50 from the West Nile Virus Fund as repayment to the City of Huntington Woods for expenses incurred in connection with mosquito control projects. Commissioners Minutes Continued. September 22, 2005 465 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the City of Huntington Woods as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the Fiscal Year 2005 appropriation in the amount of $2,132.50 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the City of Huntington Woods for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. HELAINE ZACK Copy of letter from George J. Miller, M.A., Manager/Health Officer of the Oakland County Health Division, Request for Reimbursement from the West Nile Virus Fund, Attachment A – Project Description, Attachment B – Governing Body Resolution, and Attachment C – Expense Invoice on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #05233 BY: Commissioner Helaine Zack, District #22 IN RE: BOARD OF COMMISSIONERS - DEFERRAL OF ELECTIONS SYSTEMS LEASE TO PURCHASE PAYMENTS FROM LOCAL COMMUNITIES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Michigan’s cities and townships are currently in the process of migrating from mechanical voting machines, paper ballots and punch card voting systems that use “central count” tabulation technology and are moving toward optical scan voting systems that use “precinct based” tabulation technology; and WHEREAS the federal funding available under the Help America Vote Act of 2002 provides unprecedented opportunities for improvements in Michigan’s elections system; and WHEREAS the Michigan Legislature adopted legislation in 2002 – calling for the implementation of a statewide, uniform voting system (PA 91 of 2002). The legislation directed the Secretary of State to proceed with the implementation of a statewide, uniform voting system after the selection of the voting system best suited for the State’s needs; and WHEREAS the Michigan Secretary of State has reported that the state and local communities are eligible for approximately $9.9 million under Section 101 of the Help America Vote Act; and WHEREAS prior to the enactment of HAVA legislation, Oakland County was pro-active and assisted local communities in acquiring new precinct-based optical scan voting systems at an affordable cost by entering into Lease to Purchase Agreements to provide voting equipment directly to local cities, villages and townships; and WHEREAS in November 2004, the Michigan Secretary of State issued a memo indicating that the local jurisdictions that purchased a new precinct-based optical scan voting system after November 2000 and before August 2003 are eligible for reimbursement under HAVA; and WHEREAS some local communities in Oakland County are eligible for HAVA reimbursements for the older voting systems acquired through the Lease to Purchase Agreement with Oakland; and WHEREAS because of the terms of the Elections Systems Lease to Purchase Agreement, the local jurisdictions are still responsible for lease payments that could extend into 2007 for the older voting equipment which is no longer in compliance with the State's HAVA specifications; and WHEREAS this scenario places local communities at an unfair disadvantage, especially during fiscally challenging times, of being obligated to make payments on voting equipment that can not be used. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes the terms of the Elections Systems Lease to Purchase Agreements entered into with local communities to be modified to allow a deferral of current lease payments until September 30, 2006, in anticipation that the State Bureau of Elections and Secretary of State's Office will be processing reimbursements to local jurisdictions within that timeframe. Commissioners Minutes Continued. September 22, 2005 466 BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners urges the State Bureau of Elections and Secretary of State's Office to expeditiously process the reimbursements to Oakland County's cities, villages and townships which acquired optical scan voting systems after November 2000 and before August 2003 that are eligible for reimbursement in accordance with the Help America Vote Act. Chairperson, we move the adoption of the foregoing resolution. HELAINE ZACK, MARCIA GERSHENSON, MATTIE HATCHETT, TIM MELTON, ERIC COLEMAN, VINCENT GREGORY, JIM NASH, DAVID WOODWARD, WILLIAM PATTERSON The Chairperson referred the resolution to the General Government Committee. There were no objections. Chairperson Bill Bullard Jr., had Vice-Chairperson Hugh Crawford assume the Chair so he could introduce Miscellaneous Resolution #05234 – WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE TOWNSHIP OF HOLLY – FISCAL YEAR 2005 ALLOCATION and request it be referred to the Finance Committee. MISCELLANEOUS RESOLUTION #05234 BY: Bill Bullard, Jr., District #2 IN RE: WEST NILE VIRUS FUND REIMBURSEMENT FOR PROJECT IN THE TOWNSHIP OF HOLLY – FISCAL YEAR 2005 ALLOCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners via Miscellaneous Resolution #05061 approved the extension of the West Nile Virus Fund for Fiscal Year 2005; and WHEREAS the Oakland County Board of Commissioners established a West Nile Virus Fund Disbursement Policy per Miscellaneous Resolution #03060 in an effort to assist cities, villages and townships (CVTs) with mosquito control measures to prevent the spread of West Nile Virus and to help protect the health, safety and welfare of the people of Oakland County; and WHEREAS pursuant to the Disbursement Policy, the Township of Holly has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible mosquito control project; and WHEREAS the Fiscal Year 2005 authorized amount of funding for the Township of Holly is $5,825.81 from the West Nile Virus Fund as repayment to the Township of Holly for expenses incurred in connection with mosquito control projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the Township of Holly as eligible for reimbursement from the West Nile Virus Fund. BE IT FURTHER RESOLVED that the Board authorizes the Fiscal Year 2005 appropriation in the amount of $5,825.81 from the West Nile Virus Fund (Account #90-210000-23030-9098) to repay the Township of Holly for expenses incurred in connection with the mosquito control project, once proper invoices are presented. Chairperson, I move the adoption of the foregoing resolution. BILL BULLARD Copy of letter from George J. Miller, M.A., Manager/Health Officer of the Oakland County Health Division, and West Nile Virus Fund Reimbursement Request on file in County Clerk’s office. The Vice-Chairperson referred the resolution to the Finance Committee. There were no objections. Commissioners Minutes Continued. September 22, 2005 467 Chairperson Bill Bullard, Jr. assumed the Chair as Chairperson of the Board of Commissioners. The Board adjourned at 12:18 p.m. to the call of the Chair or October 6, 2005, at 9:30 a.m. RUTH JOHNSON BILL BULLARD, JR. Clerk Chairperson