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HomeMy WebLinkAboutMinutes - 2006.05.11 - 8389196 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES May 11, 2006 Meeting called to order by Chairperson Bill Bullard, Jr. at 9:40 a.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Bullard, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack. (24) EXCUSED ABSENCE PER MISCELLANEOUS RESOLUTION #04228: Coleman. (1) Quorum present. Invocation given by Mattie Hatchett. Pledge of Allegiance to the Flag. Moved by Potter supported by Long the minutes of the April 27, 2006 Board Meeting be approved. A sufficient majority having voted in favor, the minutes were approved as printed. Moved by Kowall supported by Middleton the agenda be amended to add Report of the Leadership Compensation Study Group dated May 2, 2006 under agenda Item No. 10 – Reports of Special Committees for purposes of receiving and filing the Report. Moved by Kowall supported by Middleton to suspend Board Rules XI (A) (3) and XI (C) (3) to allow the Board of Commissioners to take action without prior committee action. AYES: Bullard, Coulter, Douglas, Gershenson, Hatchett, Jamian, Kowall, Long, Melton, Molnar, Moss, Nash, Palmer, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack. (20) NAYS: None. (0) A sufficient majority having voted in favor, the agenda, as amended, was approved. Chairperson Bill Bullard, Jr., together with Commissioners Sue Ann Douglas, William Molnar, Eric Wilson, and the entire Board of Commissioners, presented a proclamation honoring the Alliance of Coalitions for Healthy Communities, and proclaimed support for the “Parents Who Host, Lose the Most” campaign and encouraged residents of Oakland County not to be a party to underage drinking. Katrina McGuire and Donna Spiece of the Alliance of Coalitions for Healthy Communities accepted the proclamation and addressed the Board. Commissioners Minutes Continued. May 11, 2006 197 El Cabrel Lee, Director of United Way 2-1-1 for Southeastern Michigan, addressed the Board regarding benefits of having a 2-1-1 system in Metro Detroit. Mr. Lee introduced Joan Gehrke, Chairperson of United way 2-1-1 Steering Committee, who addressed the Board. Chairperson Bill Bullard, Jr. made the following statement: “A Public Hearing is now called on the Academy of the Sacred Heart Refinancing. Are there any persons present who wish to speak?” No persons requested to speak and the Chairperson declared the Public Hearing closed. Chairperson Bill Bullard, Jr. made the following statement: “A Public Hearing is now called on the Planning and Economic Development Services Division Resolution Approving Project Plan (Progressive Metal Manufacturing Company Project) – City of Ferndale. Are there any persons present who wish to speak?” No persons requested to speak and the Chairperson declared the Public Hearing closed. The following people addressed the Board: Mary MacMaster of Orion Township and Bill McMaster of Taxpayers United. Moved by Coulter supported by Rogers the resolutions (with fiscal notes attached) on the Consent Agenda be adopted. (The vote for this motion appears on page 200.) The resolutions on the Consent Agenda follow (annotated by an asterisk {*}): *MISCELLANEOUS RESOLUTION #06088 BY: Finance Committee, Chuck Moss, Chairperson IN RE: RESOLUTION APPROVING ESCROW AGREEMENT FOR THE DEFEASANCE OF PART OF THE OUTSTANDING OAKLAND COUNTY BUILDING AUTHORITY BONDS, SERIES 2002A PRIOR TO MATURITY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Building Authority, Michigan (the “Authority”), pursuant to Act No. 31, Public Acts of Michigan, 1948 (First Extra Session), as amended (the “Act”), issued its $5,200,000 Oakland County Building Authority, Building Authority Bonds, Series 2002A (the “Bonds”); and WHEREAS the Authority has requested that the County authorize the use part of the proceeds of the bonds that are not expected to be expended on the project to defease such Bonds with maturities and interest rates as set forth in EXHIBIT A, (such bonds referred to as the “BONDS TO BE DEFEASED”) in an amount not to exceed $900,000.00 and to pay the costs of defeasing said Bonds; and WHEREAS pursuant to Act No. 202, Public Acts of Michigan, 1943, as amended, in order that the BONDS TO BE DEFEASED may be properly defeased utilizing proceeds of the bonds, the Authority must enter into an agreement with a bank or trust company. NOW THEREFORE BE IT RESOLVED by the County Board of Commissioners, Oakland County, Michigan as follows: 1. The County hereby approves the defeasance of a portion of the Bonds as described in EXHIBIT A. 2. The County further consents to the Authority entering into an escrow agreement attached hereto EXHIBIT B, dated as of May 1, 2006 (the “Escrow Agreement”) with a bank or trust company designated by the Treasurer. 3. The Authority and Axe and Ecklund, P.C., bond counsel, are instructed to take whatever steps are necessary to effect the defeasance and call of the BONDS TO BE DEFEASED. 4. All resolutions and parts of resolution, insofar as the same may be in conflict herewith, are hereby rescinded. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Certification of Proceedings, Exhibit A – Building Authority Bonds, Series 2002A, Exhibit B – Escrow Agreement, Appendix I – Building Authority Bonds, Series 2002A – Remaining Original Debt Service Schedule, Appendix II – Building Authority Bonds, Series 2002A – Due September 1, 2011, Commissioners Minutes Continued. May 11, 2006 198 Appendix III – Investment Securities to be Acquired Pursuant to the Escrow Agreement, Appendix IV – Redemption Schedule, and Appendix V – Estimated Defeasance Escrow Cash Flow Analysis on file in County Clerk’s office. (The vote for this motion appears on page 200.) *MISCELLANEOUS RESOLUTION #06085 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEPARTMENTS OF SHERIFF AND FACILITIES MANAGEMENT - APPROVAL AND ACCEPTANCE OF LEASE AGREEMENT WITH AERODYNAMICS INCORPORATED FOR USE OF HANGAR SPACE FOR STORAGE OF HELICOPTERS AT 6544 HIGHLAND ROAD, WATERFORD, MICHIGAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolutions Numbers 00211 and 01315 the Oakland County Sheriff’s Department acquired two helicopters for the purpose of providing public safety and patrol support services throughout Oakland County; and WHEREAS the helicopters are presently housed at the Oakland County International Airport in hangar number 2 at 6544 Highland Road, Waterford, Michigan; and WHEREAS at the present time no adequate County owned facility exists on or off the Oakland County Service Center, which would accommodate storage and office space requirements for the said Helicopters and aviation staff; and WHEREAS the administrative staff of the Departments of the Sheriff and Facilities Management with the assistance of Oakland County Corporation Counsel have negotiated the terms and conditions of the attached Hangar Lease Agreement; and WHEREAS it is the recommendation of the Departments of the Sheriff and Facilities Management that the Oakland County Board of Commissioners accept and approve the terms and conditions of the attached Hangar Lease Agreement; and WHEREAS under the terms and conditions of the attached Hangar Lease Agreement, the Aerodynamics Corporation will provide adequate storage and office space in its hangar number 2 facility located at 6544 Highland Road at the Oakland County International Airport for a term of three years commencing March 1, 2006 at a rental rate of $375.00 per month per helicopter or $9,000 per year; and WHEREAS the Departments of the Sheriff, Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached lease agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached Hangar Lease Agreement for use of part of hangar number 2 at 6544 Highland Road at the Oakland County International Airport, Waterford, Michigan between the County of Oakland and Aerodynamics Incorporated. BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs it’s Chairperson or his designee to execute the attached Hangar Lease Agreement and all other related documents between the County of Oakland and Aerodynamics Incorporated, which may be required. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Aerodynamics Incorporated Hangar Lease Agreement, Schedule A, Schedule B – Aircraft Services, and Schedule C – Hangar Use Regulations on file in County Clerk’s office. Commissioners Minutes Continued. May 11, 2006 199 FISCAL NOTE (MISC. #06085) BY: Finance Committee, Chuck Moss, Chairperson IN RE: DEPARTMENTS OF SHERIFF AND FACILITIES MANAGEMENT – APPROVAL AND ACCEPTANCE OF LEASE AGREEMENT WITH AERODYNAMICS INCORPORATED FOR USE OF HANGAR SPACE FOR STORAGE OF HELICOPTERS AT 6544 HIGHLAND ROAD, WATERFORD, MICHIGAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced Miscellaneous Resolution and finds: 1. Miscellaneous Resolution #00211 and Miscellaneous Resolution #01315 allowed the Oakland County Sheriff’s Department to acquire two (2) helicopters for purposes of providing public safety and patrol support services throughout Oakland County. 2. The helicopters are presently housed at the Oakland County International Airport in hangar #2 at 6544 Highland Road, Waterford, Michigan. At the present time, no adequate County owned facility exists to accommodate storage and office space requirements of the helicopters and aviation staff. 3. The new lease agreement is for three years commencing on March 1, 2006 and terminating on February 28, 2009. The rental rate equals $375.00 per month per helicopter or $9,000 per year. 4. Sufficient funds have been budgeted in the Aviation Fund 68000 for Fiscal Year 2006 and the offset to General Fund 10100 Sheriff’s Patrol Services Division. No budget amendment is required. FINANCE COMMITTEE (The vote for this motion appears on page 200.) *MISCELLANEOUS RESOLUTION #06089 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION APPROVING PROJECT PLAN (PROGRESSIVE METAL MANUFACTURING COMPANY PROJECT) - CITY OF FERNDALE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Economic Development Corporation of the County of Oakland (the "EDC") has recommended that the Board of Commissioners approve the Project Plan required by the Economic Development Corporations Act (the "Act") for the captioned Project, a copy of which has been presented to this meeting (the "Project Plan"); and WHEREAS the EDC's recommendations to the Board of Commissioners were based upon its determinations that the Project is reasonable and necessary to effectuate the purposes of the Act, that the Project Plan satisfies all of the requirements of the Act regarding project plans and that a letter of credit issued by a financial institution acceptable to the EDC will be available to pay debt service; and WHEREAS the governing body of the City of Ferndale, Oakland County, Michigan, has also approved the Project Plan and given its consent to the exercise of jurisdiction over the Project by the EDC; and WHEREAS the Board of Commissioners has held a public hearing to consider whether the Project Plan constitutes a public purpose as contemplated by the Act; and WHEREAS the Board of Commissioners, following such public hearing and its review of the Project Plan, hereby certifies, approves and concurs in the determinations of the EDC with respect thereto. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby determines that the Project Plan constitutes a public purpose as contemplated by the Act. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby certifies and approves the Project Plan. BE IT FURTHER RESOLVED that the EDC is hereby authorized to take such steps as are necessary to implement the Project and the financing thereof by the issuance of its limited obligation revenue bonds as contemplated by the Project Plan. Commissioners Minutes Continued. May 11, 2006 200 BE IT FURTHER RESOLVED that the County Clerk is hereby directed to provide four certified copies of this resolution to the Assistant Secretary of the Board of the EDC. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of the Economic Development Corporation of the County of Oakland Progressive Metal Manufacturing Company Project – Project Plan, Summary Description, Project Plan Certification, Statutorily Required Information, Project Area Legal Description, Letter of Credit or Bond Purchaser’s Commitment Letter, Company Certificate Regarding Transfer of Employment, and Company Certificate Regarding Payment of Prevailing Wages on file in County Clerk’s office. Vote on Resolutions on the Consent Agenda: AYES: Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted. MISCELLANEOUS RESOLUTION #06090 BY: Finance Committee, Chuck Moss, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET/EQUALIZATION DIVISION – CREATION OF ONE (1) EQUALIZATION APPRAISER I POSITION AND APPROVAL OF CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH THE TOWNSHIP OF HOLLY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Equalization Division provides a number of services to local units of government including original assessments, reappraisals, and file maintenance; and WHEREAS these services are provided under contract with the local units as approved by the Board of Commissioners; and WEREAS the Township agrees to pay the sum of $14.28 per parcel for 4,955 real property parcels and $12.04 per parcel for 444 personal property parcels for a total contract value of $76,103; and WHEREAS the contract will begin on the effective date as approved by the Chairman of the Board of Commissioners and shall terminate on June 30, 2008; and WHEREAS provision of these services will require one additional Equalization Appraiser I position which will be fully funded by contract revenue. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the creation of one (1) GFGP Equalization Appraiser I position. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby approves entering into the attached Contract for Oakland County Equalization Division Assistance Services with the Township of Holly for assessment of real and personal property. BE IT FURTHER RESOLVED that continuation of the position is contingent upon continuation of the contract. BE IT FURTHER RESOLVED that the Board of Commissioners’ Chairperson is authorized to sign this contract. Commissioners Minutes Continued. May 11, 2006 201 BE IT FURTHER RESOLVED that the Fiscal Year 2006 budget be amended as follows and the effects of this contract will be factored into the Fiscal Year 2007/2008 budget process: FY2006 FY 2007 GENERAL FUND #10100 Revenue 1020501-186020-631813 Reimb. Equalization Services $25,368 $50,735 Expenditures 1020501-173020-702010 Salaries $12,171 $29,668 1020501-173020-722740 Fringe Benefits 6,146 14,982 1020501-173020-731346 Personal Mileage 1,610 3,200 1020501-173020-750154 Expendable Equip 2,535 600 1020501-173020-774636 Info Tech Operations 791 1,485 1020501-173020-778675 Telephone Communications 380 800 Total Expenditures $23,633 $50,735 Capital Costs 1020501-173020-788001-63600 Trfrs to Info Tech $ 1,500 $ -0- 1020501-173020-788001-67500 Trfrs to Telephone 235 -0- Total Capital Costs $ 1,735 $ -0- Total General Fund Expenditures $25,368 $50,735 Net Effect on General Fund $ -0- $ -0- INFORMATION TECHNOLOGY FUND #63600 Revenue 1080101-152000-695500-10100 Trf in General Fund $1,500 $ -0- 1080101-152000-631372 OC Depts Operations 791 1,485 Total Info Tech Revenue $2,291 $ 1,485 Expenditure 1080601-152010-750154 Exp Equipment $ 791 $ 1,485 Total Info Tech Expenditure $ 791 $ 1,485 Info Tech- Estimated Change in Fund Equity $1,500 $ -0- TELEPHONE FUND #67500 Revenue 1080601-152000-695500-10100 Trf in General Fund $ 235 $ -0- 1080601-152000-632009 Sale Phone Svc Internal 380 800 Total Telephone Fund Revenues $ 615 $ 800 Expenditure 1080601-15200-730324 Communication $ 380 $ 800 Total Telephone Fund Expenditures $ 380 $ 800 Telephone Fund Estimated Change in Fund Equity $ 235 $ -0- BE IT FURTHER RESOLVED that the Oakland County Clerk shall receive and file the executed contract with the aforementioned municipality as required by law. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Contract for Oakland County Equalization Division Assistance Services with the Township of Holly on file in County Clerk’s office. The Chairperson referred the resolution to the Personnel Committee. There were no objections. REPORT (MISC. #06079) BY: General Government Committee, William R. Patterson, Chairperson IN RE: BOARD OF COMMISSIONERS – SMALL BUSINESS HEALTH CARE STUDY GROUP REPORTING EXTENSION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #06079 on May 1, 2006, reports with a recommendation that the resolution be adopted. Commissioners Minutes Continued. May 11, 2006 202 Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #06079 BY: William D. Molnar, District #13 IN RE: BOARD OF COMMISSIONERS - SMALL BUSINESS HEALTH CARE STUDY GROUP REPORTING EXTENSION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution #05049 established a Small Business Health Care (SBHC) Study Group to determine the feasibility and requirements to establish a program in Oakland County that makes affordable health care accessible through small businesses for their employees; and WHEREAS Miscellaneous Resolution #05249 extended the SBHC Study Group’s reporting date to April 14, 2006, to allow for additional time to properly gather information; and WHEREAS the SBHC Study Group continues to meet and gather information relative to considering the establishment of a health care program to assist small businesses. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes an extension of the Small Business Health Care Study Group’s reporting date for an additional six months to allow for a complete and thorough review of the feasibility of Oakland County establishing a health care program for small businesses. Chairperson, I move adoption of the foregoing resolution. WILLIAM MOLNAR Moved by Molnar supported by Patterson the resolution be adopted. Moved by Molnar 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: Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard, Coulter. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. REPORT (MISC. #06080) BY: General Government Committee, William R. Patterson, Chairperson IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR CONTINUED FEDERAL FUNDING OF BYRNE GRANTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #06080 on May 1, 2006, reports with a recommendation that the BY line be amended, as follows: BY: Commissioners Marcia Gershenson, District 17 and Jeff Potter, District 8 Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Commissioners Minutes Continued. May 11, 2006 203 MISCELLANEOUS RESOLUTION #06080 BY: Commissioners Marcia Gershenson, District 17 and Jeff Potter, District 8 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR CONTINUED FEDERAL FUNDING OF BYRNE GRANTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS The Byrne Formula Grant Program was created by the Anti-Drug Abuse Act of 1988; and WHEREAS Byrne Justice Assistance Grant (JAG) program allows states, counties, and municipalities to allocate funds each year to state and local programs that address pressing problems in their areas; and WHEREAS Byrne grants support several critical programs in Oakland County including the Jail Alliance With Support for Inmates with Co-occurring Disorders (JAWS), Juvenile Drug Court, Adult Treatment Court, Pontiac InStep Program, Oakland County Narcotic Enforcement Team (NET), the District Court Sobriety Courts, The Byrne Justice Assistance Grant Program (JAG), the Juvenile Accountability Block Grant (JABG), and the Local Law Enforcement Block Grant; and WHEREAS Byrne Grant funding does not supplant local funding but leverages state and local investment in justice programs; and WHEREAS Funding for these programs represents $2.8 million dollars to Oakland County’s Courts, Sheriff, Prosecutor, and Community Corrections; and WHEREAS the President’s Budget request recommends elimination of funding for the Byrne Justice Assistance Grant (JAG) program in Fiscal Year 2007; and WHEREAS the loss of Byrne Grant funding would mean the elimination of effective programs that are critical in the fight against drug related crime in addition to programs that assist in the prevention of drug use, treat non-violent offenders, and improve the effectiveness of prosecution, courts and corrections practices; and WHEREAS an amendment to the 2007 Budget Resolution has been offered in the United States Senate to restore Byrne Grant funding to the 2003 level of $900 million. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports the United States Senate amendment to the 2007 Budget Resolution restoring funding to the Byrne Justice Assistance Grant (JAG) program to the 2003 level of $900 million. BE IT FURTHER RESOLVED that copies of this resolution be sent to Michigan’s two Senators and to all Oakland County Representatives. Chairperson, we move adoption of the foregoing resolution. MARCIA GERSHENSON, JEFF POTTER, JOHN SCOTT, HUGH CRAWFORD, THOMAS MIDDLETON, CHRISTINE LONG, MATTIE HATCHETT, GEORGE SUAREZ, EILEEN KOWALL, HELAINE ZACK, JIM NASH, DAVE WOODWARD, VINCENT GREGORY Moved by Gershenson supported by Potter the resolution be adopted. Moved by Gershenson supported by Potter the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Gershenson supported by Potter the resolution be amended to coincide with the recommendation in the General Government Committee Report. A sufficient majority having voted in favor, the amendment carried. Vote on resolution, as amended: AYES: Douglas, Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard, Coulter, Crawford. (24) NAYS: None. (0) Commissioners Minutes Continued. May 11, 2006 204 A sufficient majority having voted in favor, the resolution, as amended, was adopted. REPORT (MISC. #06087) BY: General Government Committee, William R. Patterson, Chairperson IN RE: BOARD OF COMMISSIONERS – OPPOSITION TO K-16 SPENDING MANDATE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #06087 on May 1, 2006, reports with a recommendation that the resolution be amended, as follows: 1. The 1st WHEREAS paragraph should be amended, as follows: WHEREAS the American School Board Journal released their “Educational Vital Signs” report indicating that the state State of Michigan ranks second only to Vermont in amount of state budget dedicated to education, with 31.5%, while the national average in is 21.7%; and 2. The 6th WHEREAS paragraph should be amended, as follows: WHEREAS according to a recent MSUE/MACAO survey, counties are required on average to provide over $1 billion worth of state mandated services annually, but are only reimbursed from the state State on the average of about 55%; and 3. The 7th WHEREAS paragraph should be amended, as follows: WHEREAS the State Legislature and Governor are obligated to provide funding for Michigan’s’ Michigan’s counties as they come back into revenue sharing beginning in Fiscal Year 2008, as part of means for counties to provide these state mandated, critical services; and 4. The 8th WHEREAS paragraph should be amended, as follows: WHEREAS, if the K-16 mandate is passed, it will cost Michigan over $1 billion in additional dollars in Fiscal Year 2007 alone, and with locked-in annual inflationary increases would surely cut into funding for revenue sharing, Medicaid and other critical services counties and Michigan’s citizens depend upon; and. 5. The NOW THEREFORE BE IT RESOLVED paragraph should be amended, as follows: NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners is opposed to a guaranteed educational inflationary increase which favors the educational sector at the expense of all other public sectors and that would prevent counties from funding critical mandated services; and . 6. The BE IT FURTHER RESOLVED paragraph should be amended, as follows: BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the Board of Commissioners’ lobbyist, the Michigan Association of Counties, the Michigan State Legislature and the Governor. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #06087 BY: Commissioners Eileen Kowall, Hugh Crawford IN RE: BOARD OF COMMISSIONERS - OPPOSITION TO K-16 SPENDING MANDATE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the American School Board Journal released their “Educational Vital Signs” report indicating that the state of Michigan ranks second only to Vermont in amount of state budget dedicated to education, with 31.5%, while the national average in 21.7%; and WHEREAS the same report ranked Michigan 7th for dedication of administrative funding per pupil, but No. 1 outside of the Eastern Seaboard and Alaska; and WHEREAS between 1994 and 2004 appropriations for K-12 education increased by 42.9%, while enrollment increased by just 5%. At the same time, revenue sharing funds for cities, townships and counties went up by just 11%; and WHEREAS the Oakland County Board of Commissioners is very supportive of fair funding for educational resources for Michigan’s students as a means to a promising future and a thriving quality of life; and Commissioners Minutes Continued. May 11, 2006 205 WHEREAS the Oakland County Board of Commissioners is equally supportive of fair funding of critical emergency, local public health and public safety programs in order to protect the health, safety, welfare and quality of life of Michigan’s citizens; and WHEREAS according to a recent MSUE/MACAO survey, counties are required on average to provide over $1 billion worth of state mandated services annually, but are only reimbursed from the state on the average of about 55%; and WHEREAS the State Legislature and Governor are obligated to provide funding for Michigan's counties as they come back into revenue sharing beginning in Fiscal Year 2008, as part of means for counties to provide these state mandated, critical services; and WHEREAS if the K -16 mandate is passed, it will cost Michigan over $1 billion in additional dollars in Fiscal Year 2007 alone, and with locked in annual inflationary increases would surely cut into funding for revenue sharing, Medicaid and other critical services counties and Michigan’s citizens depend upon. NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners is opposed to a guaranteed educational inflationary increase which favors the educational sector at the expense of all other public sectors and that would prevent counties from funding critical mandated services. BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the Board of Commissioners’ lobbyist, the Michigan State Legislature and the Governor. Chairperson, we move the adoption of the foregoing resolution. EILEEN KOWALL, HUGH CRAWFORD, THOMAS MIDDLETON, JOHN SCOTT, JEFF POTTER, SUE ANN DOUGLAS, CHRISTINE LONG, ERIC WILSON, WILLIAM PATTERSON, GREG JAMIAN, CHUCK MOSS, BILL BULLARD Moved by Kowall supported by Patterson the resolution be adopted. Moved by Kowall supported by Patterson the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Kowall supported by Patterson the resolution be amended to coincide with the recommendation in the General Government Committee Report. A sufficient majority having voted in favor, the amendment carried. Discussion followed. Moved by Potter supported by Molnar to call the question. A sufficient majority having voted in favor, the motion to call the question carried. Vote on resolution, as amended: AYES: Jamian, Kowall, Long, Middleton, Molnar, Moss, Palmer, Patterson, Potter, Rogers, Scott, Wilson, Bullard, Crawford, Douglas. (15) NAYS: Gershenson, Gregory, Hatchett, Melton, Nash, Suarez, Woodward, Zack, Coulter. (9) A sufficient majority having voted in favor, the resolution, as amended, was adopted. Commissioners Minutes Continued. May 11, 2006 206 MISCELLANEOUS RESOLUTION #06091 BY: General Government Committee, William Patterson, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – SECOND QUARTER 2006 DEVELOPMENT APPROPRIATION TRANSFER To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS all data processing development cost is incorporated as a single appropriation within the non- departmental budget and then an amount equal to the actual expense is transferred to the user department with a summary report to the Finance Committee; and WHEREAS the Department of Information Technology has determined the Second Quarter 2006 data processing development charges to be $1,430,358.93 and the imaging development charge to be $68,822.53 for the General Fund/General Purpose County departments; and WHEREAS direct charges to Special Revenue and Proprietary fund departments are $253,337.75 and non-county agencies are $1,114.50 for the Second Quarter 2006; and WHEREAS an appropriation transfer to General Fund/General Purpose County departments is needed to fund these development charges. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners has reviewed the Second Quarter 2006 Data Processing Development Report and approves the Second Quarter appropriation transfer as specified on the attached schedule. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Information Technology Data Processing Development Summary 2nd Quarter 2006 and Information Technology – Reserve Fund Development/Support Detail – Second Quarter, 2006 on file in County Clerk’s office. The Chairperson referred the Resolution to the Finance Committee. There were no objections. Commissioner Greg Jamian stated there were no resolutions from the Personnel Committee on the Regular Agenda to report. MISCELLANEOUS RESOLUTION #06092 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: WASTE RESOURCE MANAGEMENT UNIT - RESOLUTION APPROVING THE INTERLOCAL AGREEMENT FOR WASTE AND RECYCLING SERVICES WITH RESOURCE RECOVERY AND RECYCLING AUTHORITY OF SOUTHWEST OAKLAND COUNTY-RRRASOC To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Resource Recovery and Recycling Authority of Southwest Oakland County (RRRASOC) submitted a project proposal dated February 24, 2006 to perform an intergovernmental project regarding waste and recycling services; and WHEREAS the proposed project activities are consistent with the Oakland County Solid Waste Management planning obligations as required by State law, part 115, Solid Waste Management of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended; and WHEREAS RRRASOC is a municipal solid waste authority, established pursuant to Act 179 of 1947 and is comprised of the cities of Farmington, Farmington Hills, Novi, South Lyon, Southfield, Walled Lake, Wixom, and the Township of Lyon; and WHEREAS an interlocal Agreement has been drafted to address necessary legal, liability, and responsibility issues for both the County and RRRASOC, and identifies Oakland County's role in the project; and WHEREAS the County’s Corporation Counsel and Risk Management have reviewed and approved an Interlocal Agreement between the County and RRRASOC for the implantation of the project that will satisfy Oakland County Solid Waste Management planning obligations; and WHEREAS the interlocal Agreement has been previously approved by RRRASOC. Commissioners Minutes Continued. May 11, 2006 207 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached Interlocal Agreement and authorizes the Chairperson of the Board of Commissioners (or his designee) to execute the Interlocal Agreement for Regional Waste and Recycling Services between Oakland County and the Resource Recovery and Recycling Authority of Southwest Oakland County (RRRASOC). Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Interlocal Agreement for Regional Waste and Recycling Services between Oakland County and the Resource Recovery and Recycling Authority of Southwest Oakland County (RRRASOC), and Intergovernmental Project for Regional Waste and Recycling Services Phase I Assessment of Need and Opportunities on file in County Clerk’s office. The Chairperson referred the Resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #06093 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: WASTE RESOURCE MANAGEMENT UNIT - RESOLUTION APPROVING THE INTERLOCAL AGREEMENTS FOR THE NORTH OAKLAND COUNTY HOUSEHOLD HAZARDOUS WASTE CONSORTIUM - 2006 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County and its northern municipalities are committed to protection of the natural environment and preventing toxic materials from entering our waterways and landfill resources; and WHEREAS the improper handling and disposal of toxic and poisonous household chemicals poses a health risk to our citizens; and WHEREAS recognizing there is a need to provide regular and easily accessible household hazardous waste collection services to North Oakland residents; and WHEREAS collection events for household hazardous waste are widely accepted as the best way to provide citizens with a safe way to dispose of these toxic and poisonous household chemicals, meet Phase II Stormwater Protection requirements, encourage pollution prevention and enhance environmental health and safety in the home; and WHEREAS Oakland County, through its Waste Resource Management Division has facilitated the creation of the North Oakland Household Hazardous Waste Consortium (NO HAZ); and WHEREAS participating municipalities in North Oakland County have appointed an official representative to the NO HAZ Consortium Board; and WHEREAS the NO HAZ Consortium has developed a household hazardous waste collection program; and WHEREAS the municipalities recognize and agree that absent an agreement with the County, the County has no obligation to facilitate such a program; and WHEREAS the County’s Corporation Counsel has reviewed and approved an Interlocal Agreement between the County and a number of municipalities in North Oakland County for the creation of a program to collect household hazardous waste; and WHEREAS the following municipalities have approved the Interlocal Agreement: Brandon Township, Commerce Township, Groveland Township, Oakland Township, Oxford Township, City of Orchard Lake, Orion Township, City of Pontiac, City of Rochester, City of Rochester Hills, Waterford Township, White Lake Township; and WHEREAS the Interlocal Agreement requires participating municipalities to fully reimburse the County for all costs it incurs in connection with the NO HAZ program. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached Interlocal Agreement and authorizes the Chairperson of the Board of Commissioners to sign the Agreement with all municipalities who have signed the Interlocal Agreement and passed a resolution in support thereof. Commissioners Minutes Continued. May 11, 2006 208 Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of the North Oakland County Household Waste Interlocal Agreement between Oakland County and Municipalities, Exhibit A – 2006 Projected NO HAZ Budget, and Exhibit B – 2006 Projected NO HAZ Program Cost Detail on file in County Clerk’s Office. The Chairperson referred the Resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #06094 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: 52ND DISTRICT COURT - 3RD DIVISION - REALLOCATING A PORTION OF THE DISTRICT COURT FILING FEES COLLECTED BY 52-3 DISTRICT COURT TO FUND A NEW SOBRIETY COURT PROGRAM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the 52nd District Court, 3rd Division has established a Sobriety Court Program which shall serve to treat, monitor, rehabilitate and penalize repeat drug and/or alcohol offenders; and WHEREAS Public Act 151 of 2005 requires $5 of the local portion of the filing fees collected on civil cases to be used by the district funding unit to fund a drug treatment court; and WHEREAS in accordance with Public Act 151 of 2005, the 52nd District Court, 3rd Division has collected $19,555.00 as of March 31, 2006 and deposited said funds with the Oakland County Treasurer in a revenue fund entitled, “Drug Treatment Court Fee”; and WHEREAS the 52nd District Court, 3rd Division will use $19,000.00 to fund a contracted program evaluator, a public defender and miscellaneous supplies to run the program. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the transfer of $19,000 from the 52nd District Court, 3rd Division’s Drug Treatment Court Fee revenue to the Court’s operating budget. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE The Chairperson referred the Resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #06095 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: OAKLAND COUNTY CRIMINAL JUSTICE COORDINATING COUNCIL - REQUEST FOR FUNDING EXPANSION OF TWO JAIL ALTERNATIVE PROGRAMS: ALTERNATIVE TO INCARCERATION PROGRAM AND LIFE SKILLS AND EMPLOYMENT PROGRAM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County jail continues to experience significant overcrowding of offenders over the past several years; and WHEREAS the Sheriff recently declared a jail overcrowding state of emergency ultimately resulting shortly thereafter in the early release of inmates; and WHEREAS the Oakland County Board of Commissioners has established a Criminal Justice Coordinating Council (CJCC) to explore the use of the County’s jail and alternative programs and processes that might serve to mitigate the jail’s use, among other responsibilities; and WHEREAS a Jail Alternatives Subcommittee of the CJCC was established, comprised of members from the Sheriff’s Office, Circuit Court, Community Corrections, Probation Department and other County Executive personnel, and has met to discuss alternative programs for use of the jail and related prioritization of those programs; and WHEREAS on February 22, 2006, the Jail Alternative Subcommittee presented its recommendations to the CJCC to support two jail alternative programs that have proven to be effective in diverting offenders from jail; and Commissioners Minutes Continued. May 11, 2006 209 WHEREAS these two jail alternative programs, the Alternative to Incarceration (ATI) and Life Skills and Employment Programs (LESP), were determined to be under-funded relative to their potential ability to divert offenders; and WHEREAS the ATI program places misdemeanor offenders into treatment and transitional housing facilities directly from the jail, thereby saving jail days; and WHEREAS the cost of the facilities used in the ATI program ranges from $14 to $43 per day which is lower than the cost to house an offender at the jail for approximately $83 per day; and WHEREAS the LESP is currently funded by Community Corrections under the Michigan Department of Corrections grant and only services felony offenders; and WHEREAS the LESP program provides for a sentencing reduction of 25% (saving 10,759 jail bed days last year) for those inmates successfully completing the program; and WHEREAS expansion of the LESP program through the creation of one (1) Inmate Caseworker position in the Sheriff’s Office would facilitate the program for misdemeanor offenders and would reduce jail days; and WHEREAS a Designated Fund Balance of $1,500,000 has been created for the Jail Alternative Program Startup. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports the expanded funding for the Alternative to Incarceration Program and the creation of one (1) Inmate Caseworker position in the Sheriff’s Office/Corrective Services Detention Facilities Division/Jail Inmate Services Unit in support of the Life Skills and Employment program. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE The Chairperson referred the Resolution to the Personnel Committee and the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #06096 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: OAKLAND COUNTY CRIMINAL JUSTICE COORDINATING COUNCIL - REQUEST FOR FUNDING FOR ADDITIONAL DATA NEEDS TO MITIGATE THE USE OF THE OAKLAND COUNTY JAIL AND RELATED PROCESS IMPROVEMENTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County jail continues to experience significant overcrowding of offenders over the past several years; and WHEREAS the Sheriff recently declared a jail overcrowding state of emergency ultimately resulting shortly thereafter in the early release of inmates; and WHEREAS the Oakland County Board of Commissioners has established a Criminal Justice Coordinating Council (CJCC) to explore the use of the County’s jail and alternative programs, process improvement, and data requirements for stakeholders who impact the jail’s use, among other responsibilities; and WHEREAS a Jail Alternatives Subcommittee and associated study group of the CJCC was established comprised of members from the Sheriff’s Office, Circuit Court, Community Corrections, Probation Department and other County Executive personnel (collectively referenced as ‘stakeholders’ herein) and has met to discuss and address additional data needs for their daily decisions involving the jail’s use; and WHEREAS the stakeholders have developed a listing of data needs and process improvements that would serve to mitigate the jail’s use; and WHEREAS on February 22, 2006, the Jail Alternative Subcommittee presented its recommendations for data improvements to the CJCC; and WHEREAS the new jail management system (IMACS) will have to be modified for an unfunded State mandate involving a crime victims’ rights module; and WHEREAS the IMACS will require additional funding to complete as the projections of several years ago have proven to be short of the actual amounts now necessary to complete the project; and WHEREAS the principal projects identified by the stakeholders are summarized below: • Felony Plea Bind-Over Project. To improve efficiency of the felony plea program for the ten District Courts, the Prosecutor’s Office, Circuit Court Case Management and Administrator’s Commissioners Minutes Continued. May 11, 2006 210 Office, and the Community Corrections Division by eliminating manual processes and redundant data entry across entities involved so that District Courts will receive real-time information. • Real-Time Judgment of Sentence Project. To improve efficiency for all criminal justice stakeholders in Oakland County by eliminating delayed mainframe or manual processes currently in place for the preparation of Circuit Court judgments of sentence or other Court orders so that the release or transfer of incarcerated offenders, when appropriate, will be expedited, and the cost associated with preparing and mailing orders and other documents will be eliminated. • CJCC Business Intelligence Projects. A series of projects of a smaller dollar amount that involve: enabling the recently adopted Circuit Court letter of agreement involving accelerated release of inmates in an overcrowding situation; extraction of data from the State system for District Courts (largely for non-52nd District Courts’ benefits) and other reporting needs. • IMACS Data Warehouse Project. The development of extraction of data programs and related efforts involving the new jail management system (IMACS) into the existing data warehouse application for use by the stakeholders. • Unfunded State Mandate. The State has recently passed legislation requiring specific requirements that will now have to be addressed by the IMACS vendor. • IMACS Short-fall. The County secured funding for this project several years ago. The original estimates were less than the present costs to complete the jail system. The jail system is a critical component of the collection of data necessary for informed business decisions by stakeholders concerning its use; and WHEREAS a Designated Fund Balance of $1,500,000 has been created for the Jail Alternative Program Startup. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports the projects cited above and appropriates funding in support of the above projects. Chairperson, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Oakland County Department of Information Technology Project Scope and Approach on file in County Clerk’s office. The Chairperson referred the Resolution to the General Government Committee and the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #06097 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: PROSECUTING ATTORNEY - REORGANIZATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS recent employee turnover has prompted a review of the existing Prosecuting Attorney Department organization structure; and WHEREAS it has been determined that a reorganization is needed to improve operating procedures and better align workload with current staff resources; and WHEREAS a new classification of Chief - Warrants is proposed, with the downward reclassification of the vacant Deputy Prosecutor - Warrants and Investigations position to Chief - Warrants to align this position with other similar positions of "Chief" in the department; and WHEREAS the Warrants/Economic Crimes Unit is proposed to be deleted; and WHEREAS one position each of Assistant Prosecutor II and Assistant Prosecutor III is proposed to transfer from the Warrants/Economic Crimes unit to the Litigation/Juvenile Unit to provide urgently needed assistance to process juvenile petitions and to address juvenile caseload needs; and WHEREAS the remaining two positions in the current Economic Crimes unit are classified as Prosecutor Investigator. One of these is proposed to transfer to Litigation/Juvenile for dedicated assignment to child abuse and neglect cases. The second position of Prosecutor Investigator would be deleted; and WHEREAS in the Warrants Division, the upward reclassification of an Assistant Prosecutor III position to Assistant Prosecutor IV is proposed to appropriately provide experienced assistance and to oversee procedures; and Commissioners Minutes Continued. May 11, 2006 211 WHEREAS two existing Assistant Prosecutor IV positions are proposed to transfer from the Litigation Division to the Appellate Division in exchange with two existing Assistant Prosecutor III positions which are proposed to transfer from Appellate to Litigation to better allocate resources; and WHEREAS two of the three positions of Para-Legal Criminal Prosecution currently in Litigation/Circuit Court are proposed to be transferred, the first to the Juvenile Unit to assist with an increasingly congested docket, and the second to Warrants to accommodate the Jail Overcrowding Initiative, which will be paid from the separate Jail Population Management special revenue fund. The vacant third position will be deleted; and WHEREAS the creation of two Office Assistant I positions is requested, one in Litigation /District Court to assist with document preparation and one in Administration/Case Records to alleviate the use of overtime and assist with related duties in that division; and WHEREAS in Litigation/Juvenile it is proposed to create one position of Legal Secretary due to increased caseload and staffing needs, and to create one position of Court Service Officer II to address child abuse and neglect subpoena duties; and WHEREAS the savings from the proposed reorganization is requested to be transferred to the Prosecutor's Extradition line item. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the reorganization of the Prosecuting Attorney Department as shown below: A.) To create a new classification of Chief - Warrants at the following salary range: Base 1 Yr. 2 Yr. 3 Yr. 4 Yr. 5 Yr. O/T Annual $105,430 $107,349 $109,270 $111,192 $113,111 $115,034 Exempt Bi-Weekly 4,055.00 4,128.81 4,202.69 4,276.61 4,350.41 4,424.37 B.) To reclassify the following positions: Position Number To Deputy Prosecutor - Warrants and Investigation 4010301-00766 Chief - Warrants Assistant Prosecutor III 4010301-02539 Assistant Prosecutor IV C.) To transfer the following positions: Position Number From To 1. Assistant Prosecutor III 4010301-08026 Economic Crimes Litigation/Juvenile 4010201 2. Assistant Prosecutor II 4010301-07993 Economic Crimes Litigation/Juvenile 4010201 3. Prosecutor Investigator 4010301-08072 Economic Crimes Litigation/Juvenile 4010201 4. Para-Legal - Criminal Prosecution 4010201-06019 Lit'gn/Cir. Ct. Litigation/Juvenile 4010201 5. Para-Legal - Criminal Prosecution 4010201-07251 Lit'gn/Cir. Ct. Warrants 4010301 6. Assist. Prosecutor IV 4010201-02204 Lit'gn/Cir. Ct. Appellate Ct./Appeals 4010401 7. Assist. Prosecutor IV 4010201-07292 Lit'gn/Cir. Ct. Appellate Ct./Appeals 4010401 8. Assistant Prosecutor III 4010401-01361 Appellate Ct. Lit'gn/Cir. Ct. 4010201 9. Assistant Prosecutor III 4010401-06384 Appellate Ct. Lit'gn/Cir. Ct 4010201 D.) To delete the following positions: Position Number Location Prosecutor Investigator 4010301-08073 Warrants/Economic Crimes unit Para-Legal - Criminal Prosecution 4010201-06015 Litigation/Circuit Court Unit E.) To delete the Economic Crimes Unit in the Warrants Division. F.) To create the following positions: Position Location Office Assistant I Litigation/District Ct. 4010201 Office Assistant I Administration/Case Records 4010101 Legal Secretary Litigation/Juvenile 4010201 Court Service Officer II Litigation/Juvenile 4010201 G.) To change the funding of one Para-Legal Criminal Prosecution position (4010201 - 07251) from GF/GP to SR (Jail Population Management fund). Commissioners Minutes Continued. May 11, 2006 212 Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE The Chairperson referred the Resolution to the Personnel Committee and the Finance Committee. There were no objections. REPORT (MISC. #05248) BY: Leadership Compensation Study Group, Charles E. Palmer, Chairperson IN RE: BOARD OF COMMISSIONERS – PROCESS FOR CONSIDERATION OF BOARD OF COMMISSIONERS’ LEADERSHIP STIPEND AND FISCAL YEAR 2006-2007 BUDGET AMENDMENT – STUDY GROUP RECOMMENDATION TO THE BOARD OF COMMISSIONERS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Based on recent salary survey information, the Leadership Compensation Study Group, comprised of Commissioners Charles E. Palmer, Thomas Middleton and Helaine Zack, do not support additional compensation for the positions of Vice-Chairperson, Caucus Chairs and Standing Committee Chairpersons. Survey information supports, and this study group recognizes, distinct duties of the Chairperson which warrant additional compensation. However, in light of the additional benefits already provided to the Chairperson and current budget constraints, the study group does not recommend additional compensation at this time. Future consideration for additional compensation for the Board Chair must go through the Board of Commissioners’ committee process prior to recommendation to the Board of Commissioners. Chairperson, on behalf of the Leadership Compensation Study Group, I move acceptance of the foregoing report. LEADERSHIP COMPENSATION STUDY GROUP Moved by Kowall supported by Middleton the Report be received for filing. A sufficient majority having voted in favor, the Report was received for filing. MISCELLANEOUS RESOLUTION #06098 BY: Commissioner Eric Wilson - District #3 IN RE: BOARD OF COMMISSIONERS - RECOGNITION OF NATIONAL LAW ENFORCEMENT OFFICER WEEK – MAY 14-20, 2006 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Congress and President of the United States have designated May 15 as Peace Officers' Memorial Day, and the week in which May 15 falls as National Police week; and WHEREAS the members of the Oakland County Sheriff’s Office play an essential role in safeguarding the rights and freedoms of Oakland County; and WHEREAS it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of their law enforcement agency, and that members of the Oakland County Sheriff’s Office recognize their duty to serve the people by safeguarding life and property by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression; and WHEREAS the men and women of the Oakland County Sheriff’s Office unceasingly provide a vital public service. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners call upon all citizens of Oakland County and upon all patriotic, civic and educational organizations to observe the week of May 14 - 20, 2006, as Police Week with appropriate ceremonies and observances in which all of our people may join in commemorating law enforcement officers, past and present, who, by their faithful and loyal devotion to their responsibilities, have rendered a dedicated service to their communities and, in so doing, have established for themselves an enviable and enduring reputation for preserving the rights and security of all citizens. Commissioners Minutes Continued. May 11, 2006 213 BE IT FURTHER RESOLVED to call upon all citizens of Oakland County to observe Monday, May 15, 2006, as Peace Officers' Memorial Day in honor of those law enforcement officers who, through their courageous deeds, have made the ultimate sacrifice in service to their community or have become disabled in the performance of duty, and let us recognize and pay respect to the survivors of our fallen heroes. Chairperson, I move adoption of the foregoing resolution. ERIC WILSON, WILLIAM MOLNAR, GREG JAMIAN, WILLIAM PATTERSON, CHARLES PALMER, BILL BULLARD, JEFF POTTER, EILEEN KOWALL, HUGH CRAWFORD, THOMAS MIDDLETON, JOHN SCOTT, CHRISTINE LONG, SUE ANN DOUGLAS, MICHAEL ROGERS, DAVID COULTER, HELAINE ZACK, JIM NASH, DAVID WOODWARD, VINCENT GREGORY, MATTIE HATCHETT Moved by Wilson supported by Jamian to suspend the rules to bring Miscellaneous Resolution #06098 – BOARD OF COMMISSIONERS – RECOGNITION OF NATIONAL LAW ENFORCEMENT OFFICER WEEK – MAY 14-20, 2006 before the Board for immediate consideration. Vote on suspension: AYES: Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard, Coulter, Crawford, Douglas, Gershenson. (24) NAYS: None. (0) A sufficient majority having voted in favor, Miscellaneous Resolution #06098 was before the Board. Moved by Wilson supported by Jamian the resolution be adopted. AYES: Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard, Coulter, Crawford, Douglas, Gershenson, Gregory. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. MISCELLANEOUS RESOLUTION #06099 BY: Commissioner Jeff Potter - District # 8 IN RE: BOARD OF COMMISSIONERS - RECOGNITION OF NATIONAL CORRECTIONS OFFICER WEEK – MAY 7-13, 2006 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS according to the U.S. Bureau of Justice Statistic Bulletin, published in May 2005, at midyear 2004, 713,990 inmates were housed in the nation's local jails; and WHEREAS the Oakland County Sheriff’s Office Corrections' Divisions housed a daily average of 1,917 inmates in 2005, plus 127 inmates out-county per day through September of 2005; and WHEREAS last year almost 26,000 persons were admitted into the Oakland County jail facilities including juveniles, mentally ill, persons awaiting trial, persons pending arraignment, protective custody cases, infirm, persons awaiting transfer to State, Federal or other jurisdictions, and sentenced; and WHEREAS the Oakland County Sheriff’s Office Corrections Deputies are responsible for overall inmate supervision to ensure safe, secure and orderly facility operations, intake and release of all persons, identification of special needs and classification of all inmates, inmate and professional visitation, inmate transport and Court security; and Commissioners Minutes Continued. May 11, 2006 214 WHEREAS the Oakland County Sheriff's Office Corrections' Divisions are recognized as innovative, professional and able to operate a very complex and crowded set of multiple facilities, transport and coordinate an enormous number of inmate movements on a daily basis with a minimal number of staff/inmate injuries or escapes; and WHEREAS the week of May 7-13, 2006, has been designated as National Corrections Officer Week. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby acknowledge the hard work and dedication of the Oakland County Sheriff's Office Corrections' Deputies and the special contribution they make to ensure the public safety of all citizens in Oakland County. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners does hereby honor all the Corrections' Deputies of the Oakland County Sheriff's Office for their unique skills and abilities and devotion to duty and pronounce a special thanks to all those Deputies on behalf of the citizens of Oakland County. Chairperson, I move adoption of the foregoing resolution. JEFF POTTER, ERIC WILSON, WILLIAM MOLNAR, WILLIAM PATTERSON, GREG JAMIAN, CHARLES PALMER, HUGH CRAWFORD, BILL BULLARD, THOMAS MIDDLETON, EILEEN KOWALL, JOHN SCOTT, CHRISTINE LONG, SUE ANN DOUGLAS, DAVID COULTER, MICHAEL ROGERS, HELAINE ZACK, JIM NASH, DAVID WOODWARD, VINCENT GREGORY, MATTIE HATCHETT Moved by Potter supported by Molnar to suspend the rules to bring Miscellaneous Resolution #06099 – BOARD OF COMMISSIONERS – RECOGNITION OF NATIONAL CORRECTIONS OFFICER WEEK – MAY 7-13, 2006 before the Board for immediate consideration. Vote on suspension: AYES: Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett. (24) NAYS: None. (0) A sufficient majority having voted in favor, Miscellaneous Resolution #06099 was before the Board. Moved by Potter supported by Molnar the resolution be adopted. Discussion followed. AYES: Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. MISCELLANEOUS RESOLUTION #06100 BY: Commissioner Tim W. Melton, District #11 IN RE: BOARD OF COMMISSIONERS - INCORPORATING "BUY OAKLAND FIRST" POLICY IN PURCHASING PROCEDURES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS a commitment to reinvesting in our local economy is an essential element to the ongoing stability and growth of local businesses based in Oakland County and the State of Michigan; and Commissioners Minutes Continued. May 11, 2006 215 WHEREAS in 1992, with the adoption of Miscellaneous Resolution #92057, entitled Made in the USA, the Oakland County Board of Commissioners affirmed "that it was in the best interest of the United States and the County of Oakland to promote the purchase and use of goods and services manufactured and/or originating in the United States; and WHEREAS Miscellaneous Resolution #92057 is incorporated into Section 2400.1 of the Oakland County Purchasing Policies and Procedures - providing that when Oakland County makes a purchase of $10,000 or more, the County of Oakland shall give preference to products manufactured in the United States when they are available at competitive prices and are of equal, superior, or similar quality; and WHEREAS small business enterprises and county-based enterprises employ or are more likely to employ younger workers, who represent the largest segment of the unemployed population; and WHEREAS Oakland County has a compelling public interest in ensuring that there are as many job opportunities available to residents of the county as possible; and WHEREAS Oakland County has a compelling interest in economically strengthening county-based enterprises and reducing unemployment among residents of the county; and WHEREAS the cost of living in Oakland County is 22% higher than the national average. Combined with higher taxes, this makes living and conducting business in Oakland County and Michigan comparatively costly; and WHEREAS offering incentives to retain and attract local businesses is necessary, especially in light of the current economic downturn being experienced in the State of Michigan; and WHEREAS the Emerging Sectors strategy, wherein County Executive L. Brooks Patterson travels internationally, seeks to diversify the economy in Oakland County by attracting new companies and attracting a highly skilled workforce to help retain existing businesses in Oakland County; and WHEREAS economically strengthening small and county-based enterprises would improve the region's economy and aid in the reduction of the rate of unemployment experienced by persons residing in Oakland County. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby affirms that Oakland County has a responsibility to create and maintain job opportunities for residents of the county and to ensure that county-based and Michigan-based enterprises have a reasonable share of the contracts awarded by Oakland County. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners establishes a purchasing preference policy for products manufactured locally and services provided by businesses based in the County of Oakland, the State of Michigan and/or the United States. BE IT FURTHER RESOLVED that bids received for goods manufactured or services provided by businesses located in the County of Oakland shall be deemed reasonable and competitive if they are five (5%) percent or less above the cost of goods manufactured and/or services provided by businesses not located in the County of Oakland. BE IT FURTHER RESOLVED that bids received for goods manufactured or services provided by businesses located in the State of Michigan shall be deemed reasonable and competitive if they are two and one-half (2.5%) percent or less above the cost of goods manufactured and/or services provided by businesses not located in the State of Michigan. BE IT FURTHER RESOLVED that bids received for goods manufactured or services provided by businesses located in the United States shall be deemed reasonable and competitive if they are two and one-half (2.5%) percent or less above the cost of goods manufactured and/or services provided by businesses not located in the United States. Chairperson, we move the adoption of the foregoing resolution. TIM MELTON, DAVID WOODWARD, DAVID COULTER, VINCENT GREGORY, HELAINE ZACK, MATTIE HATCHETT, JIM NASH, GEORGE SUAREZ, MARCIA GERSHENSON The Chairperson referred the resolution to the Finance Committee. There were no objections. Commissioners Minutes Continued. May 11, 2006 216 MISCELLANEOUS RESOLUTION #06101 BY: Commissioner Thomas F. Middleton, District #4 IN RE: BOARD OF COMMISSIONERS - SUPPORT FOR COMBINED DRIVER'S LICENSE AND PASSPORT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Real ID Act of 2005 mandates that three years after enactment (May 2008), a state driver's license or ID card cannot be used for any federal purpose unless it meets the specific federal requirements; and WHEREAS under the Real ID Act, the Department of Homeland Security the power to set standards and determine whether state drivers' licenses and other ID cards pass muster. Only ID cards approved by Homeland Security can be accepted "for any official purpose"; and WHEREAS the intent of the Real ID Act is to grant the Department of Homeland Security authority to impede the ability of terrorist and criminal aliens to move freely throughout our society by requiring that all states require proof of lawful presence in the U.S. in order for their drivers' licenses to be accepted as identification for federal purposes such as boarding a commercial airplane or entering a federal building; and WHEREAS in order for a state-issued drivers' license to meet federal requirements for federal purposes, such as a passport, at a minimum the state-issue drivers' licenses must include the individual's name, birth date, sex, ID number, a digital photograph, address, and this data must be in a common machine- readable technology that Homeland Security will decide on. The card must also sport physical security features designed to prevent tampering, counterfeiting, or duplication of the document for fraudulent purposes; and WHEREAS the Western Hemisphere Travel Initiative will require all travelers, including U.S. citizens, to and from the Americas, the Caribbean, and Bermuda to have a passport or other accepted document that establishes the bearer’s identity and nationality to enter or re-enter the United States. This is a change from prior travel requirements. The goal is to strengthen border security and facilitate entry into the United States for U.S. citizens and legitimate foreign visitors; and WHEREAS the Real ID Act of 2005 and Western Hemisphere Travel Initiative will require a passport or the equivalent to document re-entry to the United States by January 1, 2008; and WHEREAS the Detroit Regional Chamber and others believe that these proposals, in their current form, may have a negative economic impact on the United States and Canada and disrupt tourism; and WHEREAS Michigan Secretary of State Terri Lynn Land has proposed a dual drivers' license/passport that would simplify the federal requirements for foreign travel by combining a state's driver's license with the federal passport into a single document; and WHEREAS when issuing a driver's license, a state would determine if the applicant is a citizen, their place-of-birth and any other federally required information for border passage. This information would appear as a bar code or magnetic strip that border patrol officers could scan; and WHEREAS the Michigan Secretary of State has offered to conduct the pilot project for applying the concept of the combined driver's license and passport in Michigan. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby supports the concept of a combined driver's license and passport to meet the national security measures required under the Real ID Act of 2005 and the Western Hemisphere Travel Initiative. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners requests the Oakland County Clerk/Register of Deeds to provide copies of this adopted resolution to Michigan Secretary of State Land, U.S. Representative Bart Stupak - Co-Chair of the Northern Border States Caucus, U.S. Department of State, U.S. Department of Homeland Security, Congressman Mike Rogers, Congressman Joe Knollenberg, Congressman Thaddeus McCotter, Congressman Sander Levin, Senator Carl Levin, Senator Debbie Stabenow, the Oakland County delegation to the Michigan legislature, the Michigan Association of Counties, the National Association of Counties and Oakland County's Legislative Lobbyists. Commissioners Minutes Continued. May 11, 2006 217 Chairperson, we move the adoption of the foregoing resolution. THOMAS MIDDLETON, HUGH CRAWFORD, BILL BULLARD, EILEEN KOWALL, CHUCK MOSS, CHARLES PALMER, WILLIAM PATTERSON, WILLIAM MOLNAR, ERIC WILSON, JEFF POTTER, MICHAEL ROGERS The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #06102 BY: Commissioners Hugh D. Crawford, District #9 and Vincent Gregory, District #21 IN RE: BOARD OF COMMISSIONERS - CATALPA PARK PROPERTY FEASIBILITY STUDY BY OAKLAND COUNTY PARKS AND RECREATION COMMISSION STAFF To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Parks and Recreation Commission was established in 1966, and in its 40 years of operations has acquired and manages 11 parks totaling over 6,000 acres; and WHEREAS the local communities, especially in the southeast quadrant of Oakland County, have expressed a need for additional areas of recreation; and WHEREAS the Oakland County Parks and Recreation Commission has remained open to consider opportunities that would fill that void in this heavily populated quadrant of Oakland County; and WHEREAS the County of Oakland purchased 28.43 acres of land from the Berkley School District in 1964 for which to locate the Southfield office of the Oakland County Health Division; and WHEREAS the County of Oakland leased 22 acres adjacent to the Southfield office of the Oakland County Health Division to the Southfield Little League from 1964 to 1978 and the city of Southfield from 1978 to the present; and WHEREAS the City of Southfield has leased this 22-acre parcel for 28 years, investing in excess of $500,000 to develop and maintain six soccer fields and two baseball fields; and WHEREAS this site services 45,000 Oakland County residents annually, with 70 percent of those residing primarily in the surrounding communities, including Berkley, Huntington Woods, Lathrup Village, Pleasant Ridge, Oak Park, Hazel Park, and Ferndale. NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners supports preserving the Catalpa Park property for recreational use. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners requests the Oakland County Parks and Recreation Commission Staff to investigate the feasibility of managing the 22-acre parcel as a County park and provide a report of its findings to the General Government Committee no later than its first committee meeting in October 2006. Chairperson, we move the adoption of the foregoing resolution. HUGH CRAWFORD, VINCENT GREGORY, THOMAS MIDDLETON, WILLIAM PATTERSON, CHRISTINE LONG, GREG JAMIAN, JOHN SCOTT, ERIC WILSON, BILL BULLARD, JEFF POTTER, CHUCK MOSS, MIKE ROGERS, EILEEN KOWALL, GEORGE SUAREZ, JIM NASH, MARCIA GERSHENSON, DAVID COULTER, MATTIE HATCHETT, DAVID WOODWARD, TIM MELTON, HELAINE ZACK The Chairperson referred the resolution to the General Government Committee. There were no objections. The Board adjourned at 10:54 a.m. to the call of the Chair, or May 25, 2006, at 9:30 a.m. RUTH JOHNSON BILL BULLARD, JR. Clerk Chairperson