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HomeMy WebLinkAboutMinutes - 2006.06.15 - 8391246 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES June 15, 2006 Meeting called to order by Chairperson Bill Bullard, Jr. at 9:48 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, Rogers, Scott, Suarez, Wilson, Woodward, Zack. (25) EXCUSED ABSENCE WITH NOTICE: None. (0) Quorum present. Invocation given by Hugh D. Crawford. Pledge of Allegiance to the Flag. Moved by Gregory supported by Rogers the minutes of the May 25, 2006, Board Meeting be approved. A sufficient majority having voted in favor, the minutes were approved as printed. Moved by Kowall supported by Moss the rules be suspended and the agenda be amended, as follows: ITEM NOT ON BOARD AGENDA GENERAL GOVERNMENT COMMITTEE i. Department of Health and Human Services/Children’s Village, 2006-2008 Waterford School District Agreement (Reason for Suspension of General Government Committee, Item i.: Waiver of Rule III – General Government Committee Meeting held immediately prior to today’s Board meeting.) Moved by Kowall supported by Moss the agenda be further amended to move General Government Committee item (d) MISCELLANEOUS RESOLUTION #06102 – BOARD OF COMMISSIONERS – CATALPA PARK PROPERTY FEASIBILITY STUDY BY OAKLAND COUNTY PARKS AND RECREATION COMMISSION STAFF on the Consent Agenda to General Government Committee item (d) on the Regular Agenda. Commissioners Minutes Continued. June 15 2006 247 Vote on agenda, as amended: AYES: Bullard, Coleman, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack. (25) 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. Commissioners Tim Melton and Mattie Hatchett presented a proclamation honoring Dr. Leigh Elceser, DC, for her distinguished recognition and honor, as the Michigan Chiropractor Society’s “2006 Chiropractor of the Year”. The Honorable Wendy L. Potts, Chief Judge of the Circuit Court, addressed the Board and introduced the Honorable James M. Alexander, Judge Pro-Tem, the Honorable Michael D. Warren, Jr., Circuit Court Judge, and the Honorable Mark Goldsmith, Circuit Court Judge. The Honorable Wendy L. Potts then addressed the Board on the issues of prisoners being transported through the public areas of the courthouse and the security of the employees and public, the need for a new judicial building in the future, the problem of jail over crowding, and the shortage of circuit court judges. Tim McGuire, Michigan Association of Counties, addressed the Board and introduced Tom Hickson who spoke on ballot issues, K-16 Proposal, Constitutional Amendment proposal regarding the level of spending by the state, and the 911 reauthorization. Tom Hickson then asked the Commissioners if they had any questions. Commissioners Greg Jamian, David Woodward, and Chuck Moss addressed Tom Hickson with their questions and concerns. Deputy Clerk/Register of Deeds James H. VanLeuven read a communication from Charles T. Craft, Chief of Police of the Troy Police Department, appointing Chief Jerry Narsh, of the Lake Orion Police Department, as the association’s representative to the Oakland County Criminal Justice Coordinating Council. Chief David Mallory, of the Novi Police Department, has been appointed as his alternate. Deputy Clerk/Register of Deeds James H. VanLeuven read a communication from Chairperson Bill Bullard, Jr. appointing Commissioners Jeff Potter member and Chair, and Christine Long and David Coulter members of the Oak Management Study Group. This study group is to work with Dan Stencil, Executive Officer of the Parks and Recreation Commission, and the Parks and Recreation Commission members to resolve important issues. The following people addressed the Board: Jo Benavides and Ted Jaskolski. Moved by Molnar supported by Coulter the resolutions (with fiscal notes attached) on the Consent Agenda, as amended, be adopted (with accompanying reports being accepted). (The vote for this motion appears on page 259.) The resolutions on the Consent Agenda follow (annotated by an asterisk {*}). *MISCELLANEOUS RESOLUTION #06115 BY: Finance Committee, Chuck Moss, Chairperson IN RE: BOARD OF COMMISSIONERS – VILLAGE OF HOLLY DOWNTOWN DEVELOPMENT AUTHORITY – “OPT OUT” To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners strongly supports the economic growth of Oakland County; and WHEREAS one of the tools used to promote this economic growth is tax increment financing in the form of Downtown Development Authorities (DDAs), Tax Increment Finance Authorities (TIFAs) and Local Development Finance Authorities (LDFAs); and Commissioners Minutes Continued. June 15 2006 248 WHEREAS to review requests from the County’s cities, villages and townships to establish DDAs, TIFAs and LDFAs, the Board of Commissioners, pursuant to Miscellaneous Resolution #99010, established the Tax Increment Financing (TIF) District Review Policy Ad Hoc Committee (Ad Hoc Committee) to evaluate and recommend to the Finance Committee on the County’s participation in these proposed authorities; and WHEREAS pursuant to Miscellaneous Resolution #01067, this Board of Commissioners determined to participate in the Village of Holly DDA; and WHEREAS the County, the Village of Holly, and the Village of Holly DDA entered into an agreement dated May 24, 2001, which provided for the County’s participation in the then proposed DDA development district, limiting County participation to an amount not to exceed $40,000.00 and/or five (5) years beginning with the base year of 2000; and WHEREAS the DDA is currently in the process of amending its boundaries to reduce the percentage of single family residential and to include the parcel more commonly known as Crapo Park and, concomitantly seeks an expanded role for County participation in the tax increment process; and WHEREAS the Village and DDA held a public hearing on April 25, 2006 concerning the amended boundaries of the plan; and WHEREAS the DDA and the Village appeared before the Ad Hoc Committee on May 11, 2006, to present the proposed plan and to seek a revised contract and the expansion in County tax capture by way of renewed County participation; and WHEREAS faced with the legal mandate that the County act on the issue of tax capture exemption within 60 days of the April 25, 2006 public hearing, the Ad Hoc Committee recommends to the Finance Committee that the County exempt its taxes from capture by the proposed revised DDA; and WHEREAS the Ad Hoc Committee further recommends that the County, through its Corporation Counsel, attempt to negotiate a contract renewal consistent with the DDA’s presentation to the Ad Hoc Committee on May 11, 2006. NOW THEREFORE BE IT RESOLVED that, pursuant to Section Three (3) of 1975 Public Act 197, as amended, MCLA 125.1653(3), the Oakland County Board of Commissioners hereby exempts its taxes from capture by the Proposed Modifications to the TIF and Village of Holly Downtown Development Plan. BE IT FURTHER RESOLVED that the County, through its Corporation Counsel, will negotiate a contract with the Village and the DDA consistent with the concepts presented to the Ad Hoc Committee on May 11, 2006. BE IT FURTHER RESOLVED that when a contract is successfully negotiated, the County may revise its decision to exempt its taxes from capture by the DDA. Chairperson, I move the adoption of the foregoing resolution. FINANCE COMMITTEE (The vote for this motion appears on page 259.) *MISCELLANEOUS RESOLUTION #06116 BY: Finance Committee, Chuck Moss, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET / EQUALIZATION DIVISION – APPROVAL OF CONTRACTS FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH THE CITY OF AUBURN HILLS, CITY OF BERKLEY, CITY OF THE VILLAGE OF CLARKSTON, CITY OF CLAWSON, CITY OF FERNDALE, CITY OF KEEGO HARBOR, CITY OF LATHRUP VILLAGE, CITY OF ORCHARD LAKE VILLAGE, CITY OF PLEASANT RIDGE, CITY OF PONTIAC, CITY OF ROCHESTER, CITY OF ROYAL OAK, CHARTER TOWNSHIP OF COMMERCE, CHARTER TOWNSHIP OF LYON, CHARTER TOWNSHIP OF OAKLAND, CHARTER TOWNSHIP OF ROYAL OAK, TOWNSHIP OF SOUTHFIELD AND CHARTER TOWNSHIP OF WEST BLOOMFIELD. To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Equalization Division provides a number of services to local units of government including original assessments, reappraisals, and file maintenance; and WHEREAS these services are provided under contract with the local units as approved by the Board of Commissioners; and WHEREAS revenues and expenditures associated with the services for these contracts are included in the Fiscal Year 2007 budget, and therefore, no budget amendment is recommended. Commissioners Minutes Continued. June 15 2006 249 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves entering into the attached Contract for Oakland County Equalization Division Assistance Services with the following units of government: 1. City of Auburn Hills, personal property; 2. City of Berkley, real and personal property; 3. City of the Village of Clarkston, real and personal property; 4. City of Clawson, real and personal property; 5. City of Ferndale, file maintenance; 6. City of Keego Harbor, real and personal property; 7. City of Lathrup Village, real and personal property; 8. City of Orchard Lake Village, personal property; 9. City of Pleasant Ridge, real and personal property; 10. City of Pontiac, real and personal property; 11. City of Rochester, real and personal property; 12. City of Royal Oak, personal property; 13. Charter Township of Commerce, real and personal property; 14. Charter Township of Lyon, real and personal property; 15. Charter Township of Oakland, real and personal property; 16. Charter Township of Royal Oak, real and personal property; 17. Township of Southfield, real and personal property; and 18. Charter Township of West Bloomfield, personal property. BE IT FURTHER RESOLVED that the Board of Commissioners’ Chairperson is authorized to sign these contracts. BE IT FURTHER RESOLVED that the Oakland County Clerk shall receive and file the executed contracts with the aforementioned municipalities as required by law. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of contracts for Equalization Division Assistance Services with listed jurisdictions on file in County Clerk’s office. (The vote for this motion appears on page 259.) *REPORT (MISC. #06117) BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: CENTRAL SERVICES – OAKLAND/TROY AIRPORT 2006 GRANT PROGRAM ACCEPTANCE – AIRPORT PAVEMENT MARKING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the above-mentioned resolution on June 6, 2006 reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Planning and Building Committee, I submit the foregoing Report. PLANNING AND BUILDING COMMITTEE MISCELLANEOUS RESOLUTION #06117 BY: General Government Committee – William R. Patterson, Chairperson IN RE: CENTRAL SERVICES – OAKLAND/TROY AIRPORT 2006 GRANT PROGRAM ACCEPTANCE – AIRPORT PAVEMENT MARKING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is in receipt of Michigan Department of Transportation Grant Contract No. 2006-0328 for State funds in the amount of $2,500 for the development and improvement of Oakland/Troy Airport; and WHEREAS the project consists of airport pavement marking; and WHEREAS the Michigan Department of Transportation shall act as agent on behalf of the County in the administration of the project; and Commissioners Minutes Continued. June 15 2006 250 WHEREAS the development project as offered and approved by the Michigan Department of Transportation requires a local grant match of $2,500, which is available from the airport fund; and WHEREAS the Airport Committee has reviewed the project and recommends acceptance of the grant contract; and WHEREAS the attached contract has been approved in accordance with the County Executive's review process; and WHEREAS no application was requested from Oakland County; therefore, the application provisions of Miscellaneous Resolution #95098 do not apply. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the grant contract in an amount not to exceed $5,000. BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners is authorized to execute the grant contract. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Grant Review Sign Off – Aviation Division/Troy, Contract for a State/Local Airport Project, Exhibit 1, Attachment 17, and Appendix A and B on file in County Clerk’s office. FISCAL NOTE (MISC. #06117) BY: Finance Committee, Chuck Moss, Chairperson IN RE: DEPARTMENT OF CENTRAL SERVICES – OAKLAND/TROY AIRPORT – 2006 GRANT PROGRAM ACCEPTANCE – AIRPORT PAVEMENT MARKING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Oakland County has received a Michigan Department of Transportation Grant Contract No. 2006-0328 for State funds in the amount of $2,500 and a required local grant match of $2,500 for the development and improvement of Oakland/Troy Airport. 2. The project consists of airport pavement marking. 3. Airport Committee has reviewed the project and recommends acceptance of the grant agreement. 4. The funding period of the grant is 36 months from the date of the award. 5. The total cost of the project is $5,000 with $2,500 of the cost from State funds and $2,500 from the Airport fund resources for the grant match. 6. The Michigan Department of Transportation shall act as agent on behalf of the County in the administration of the project. 7. No General Fund appropriation is required. Funding is available within the Airport fund. 8. No budget amendment is necessary. FINANCE COMMITTEE (The vote for this motion appears on page 259.) *REPORT (MISC. #06118) BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: CENTRAL SERVICES – OAKLAND/SOUTHWEST AIRPORT 2006 GRANT PROGRAM ACCEPTANCE – AIRPORT PAVEMENT MARKING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the above-mentioned resolution on June 6, 2006 reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Planning and Building Committee, I submit the foregoing report. PLANNING AND BUILDING COMMITTEE Commissioners Minutes Continued. June 15 2006 251 MISCELLANEOUS RESOLUTION #06118 BY: General Government Committee – William R. Patterson, Chairperson IN RE: CENTRAL SERVICES – OAKLAND/SOUTHWEST AIRPORT 2006 GRANT PROGRAM ACCEPTANCE – AIRPORT PAVEMENT MARKING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is in receipt of Michigan Department of Transportation Grant Contract No. 2006-0324 for State funds in the amount of $2,500 for the development and improvement of Oakland/Southwest Airport; and WHEREAS the project consists of airport pavement marking; and WHEREAS the Michigan Department of Transportation shall act as agent on behalf of the County in the administration of the project; and WHEREAS the development project as offered and approved by the Michigan Department of Transportation requires a local grant match of $2,500, which is available from the airport fund; and WHEREAS the Airport Committee has reviewed the project and recommends acceptance of the grant contract; and WHEREAS the attached contract has been approved in accordance with the County Executive's review process; and WHEREAS no application was requested from Oakland County; therefore, the application provisions of Miscellaneous Resolution #95098 do not apply. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the grant contract in an amount not to exceed $5,000. BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners is authorized to execute the grant contract. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Grant Review Sign Off – Aviation Division/Southwest, Contract for a State/Local Airport Project, Exhibit 1, Attachment 17, and Appendix A and B on file in County Clerk’s Office. FISCAL NOTE (MISC. #06118) BY: Finance Committee, Chuck Moss, Chairperson IN RE: DEPARTMENT OF CENTRAL SERVICES – OAKLAND/SOUTHWEST AIRPORT – 2006 GRANT PROGRAM ACCEPTANCE – AIRPORT PAVEMENT MARKING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Oakland County has received a Michigan Department of Transportation Grant Contract No. 2006-0324 for State funds in the amount of $2,500 and a required local grant match of $2,500 for the development and improvement of Oakland/Southwest Airport. 2. The project consists of airport pavement marking. 3. Airport Committee has reviewed the project and recommends acceptance of the grant agreement. 4. The funding period of the grant is 36 months from the date of the award. 5. The total cost of the project is $5,000 with $2,500 of the cost from State funds and $2,500 from the Airport fund resources for the grant match. 6. The Michigan Department of Transportation shall act as agent on behalf of the County in the administration of the project. 7. No General Fund appropriation is required. Funding is available within the Airport fund. 8. No budget amendment is necessary. FINANCE COMMITTEE (The vote for this motion appears on page 259.) Commissioners Minutes Continued. June 15 2006 252 *REPORT (MISC. #06119) BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: CENTRAL SERVICES – OAKLAND COUNTY INTERNATIONAL AIRPORT 2006 GRANT PROGRAM ACCEPTANCE – AIRPORT PAVEMENT MARKING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the above-mentioned resolution on June 6, 2006 reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Planning and Building Committee, I submit the foregoing report. PLANNING AND BUILDING COMMITTEE MISCELLANEOUS RESOLUTION #06119 BY: General Government Committee – William R. Patterson, Chairperson IN RE: CENTRAL SERVICES – OAKLAND COUNTY INTERNATIONAL AIRPORT 2006 GRANT PROGRAM ACCEPTANCE – AIRPORT PAVEMENT MARKING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is in receipt of Michigan Department of Transportation Grant Contract No. 2006-0326 for State funds in the amount of $7,500, for the development and improvement of Oakland County International Airport; and WHEREAS the project consists of airport pavement marking; and WHEREAS the Michigan Department of Transportation shall act as agent on behalf of the County in the administration of the project; and WHEREAS the development project as offered and approved by the Michigan Department of Transportation requires a local grant match of $7,500, which is available from the airport fund; and WHEREAS the Airport Committee has reviewed the project and recommends acceptance of the grant contract; and WHEREAS the attached contract has been approved in accordance with the County Executive's review process; and WHEREAS no application was requested from Oakland County; therefore, the application provisions of Miscellaneous Resolution #95098 do not apply. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the grant contract in an amount not to exceed $15,000. BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners is authorized to execute the grant contract. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Grant Review Sign Off – Aviation Division/IA, Contract for a State/Local Airport Project, Exhibit 1, Attachment 17, and Appendix A and B on file in County Clerk’s office. FISCAL NOTE (MISC. #06119) BY: Finance Committee, Chuck Moss, Chairperson IN RE: CENTRAL SERVICES - OAKLAND COUNTY INTERNATIONAL AIRPORT – 2006 GRANT PROGRAM ACCEPTANCE – AIRPORT PAVEMENT MARKING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Oakland County has received a Michigan Department of Transportation Grant Contract No. 2006-0326 for State funds in the amount of $7,500 and a required local grant match of $7,500 for the development and improvement of Oakland County International Airport. 2. The project consists of airport pavement marking. 3. Airport Committee has reviewed the project and recommends acceptance of the grant agreement. Commissioners Minutes Continued. June 15 2006 253 4. The funding period of the grant is 36 months from the date of the award. 5. The total cost of the project is $15,000 with $7,500 of the cost from State funds and $7,500 from the Airport fund resources for the grant match. 6. The Michigan Department of Transportation shall act as agent on behalf of the County in the administration of the project. 7. No General Fund appropriation is required. Funding is available within the Airport fund. 8. No budget amendment is necessary. FINANCE COMMITTEE (The vote for this motion appears on page 259.) *MISCELLANEOUS RESOLUTION #06113 BY: General Government Committee, William R. Patterson, Chairperson IN RE: BOARD OF COMMISSIONERS - 2006 AMENDMENT TO PROFESSIONAL SERVICES CONTRACT WITH POLING, MCGAW AND POLING, PC To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS from time to time, legal issues arise which require the Board of Commissioners to seek the advice of independent legal counsel; and WHEREAS Poling, McGaw and Poling, PC has been providing the Oakland County Board of Commissioners with legal advice since May of 1998; and WHEREAS the Oakland County Board of Commissioners adopted Miscellaneous Resolution #04309, to enter into a contract for legal services with Poling, McGaw and Poling, PC that expires on May 31, 2006; and WHEREAS the current one (1) year contract with Poling, McGaw and Poling, PC is not to exceed $48,000, with compensation at the same hourly rate as other work provided by outside counsel and in accordance with Miscellaneous Resolution #04309; and WHEREAS Poling, McGaw and Poling, PC has been providing exemplary service to the Oakland County Board of Commissioners and the Board wishes to retain Poling, McGaw and Poling, PC as its legal counsel through 2008. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes that the contract for legal services with Poling, McGaw and Poling, PC be amended to extend the expiration date until December 31, 2008. BE IT FURTHER RESOLVED that the contract amendment with Poling, McGaw and Poling, PC is not to exceed $62,000 for the thirty-one (31) month extension, and that the contract amendment shall have the same scope of services, compensation and terms as the current contract. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the Board Chairperson, or his designee, to execute the attached Professional Services Contract amendment with Poling, McGaw and Poling, PC that extends the expiration until December 31, 2008. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Amendment and Change Order of Contract #1058 Amendment #1 and Oakland County Department of Management and Budget Purchasing Division Contract Number BO202450 on file in County Clerk’s office. FISCAL NOTE (MISC. #06113) BY: Finance Committee, Chuck Moss, Chairperson IN RE: BOARD OF COMMISSIONERS – 2006 AMENDMENT TO PROFESSIONAL SERVICES CONTRACT WITH POLING, MCGAW AND POLING, PC 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. June 15 2006 254 resolution and finds: 1. The Oakland County Board of Commissioners entered into a contract for legal services with Poling, McGaw and Poling, PC per Miscellaneous Resolution #04309, which expires on May 31, 2006. 2. The current contract is not exceed $48,000 with compensation at the same hourly rate as other work provided by outside counsel and in accordance with Miscellaneous Resolution #04309. 3. The Board of Commissioners is requesting an amendment to the contract to extend the expiration date until December 31, 2008. 4. The extended contract is not to exceed $62,000 for the thirty-one month extension and the contract amendment shall have the same scope of services, compensation and terms as the current contract. 5. The Board of Commissioners has a budget of $5,000 for Fiscal Year 2006 and a proposed budget of $5,000 for Fiscal Year 2007 and Fiscal Year 2008. 6. Services from Poling, McGaw and Poling, PC are provided as needed, and expenses for these services are not charged to the budget until invoiced. 7. No budget amendment is recommended at this time. FINANCE COMMITTEE (The vote for this motion appears on page 259.) *MISCELLANEOUS RESOLUTION #06120 BY: Planning and Building Committee, Charles Palmer, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS – COMMUNITY AND HOME IMPROVEMENT DIVISION – 2006 ANNUAL ACTION PLAN AND CONSOLIDATED GRANT ACCEPTANCE FOR CDBG, HOME AND ESG PROGRAMS AND 2005-2006 ANNUAL ACTION PLAN AMENDMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners authorized submittal of the Oakland County 2006 Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD); and WHEREAS the 2006 Annual Action Plan contains a consolidated Federal grant application for activities designed to accomplish the goals and objectives for the Community Development Block Grant (CDBG) Program, HOME Investment Partnerships (HOME) Program and the Emergency Shelter Grant (ESG) Program; and WHEREAS HUD by letter dated January 16, 2006 transmitted to the Community & Home Improvement Division a Program Year 2006 consolidated allocation of $5,695,437 including $3,911,967 for CDBG, $1,580,488 for HOME, $35,414 for the HOME Program American Dream Down payment Initiative (ADDI) and $167,568 for ESG, for the period of May 1, 2006 through April 30, 2007; and WHEREAS this is the 32nd year of grant acceptance for these programs; and WHEREAS total program revenue for the 2006-2007 CDBG Program will be $5,437,728.41 including $3,911,967 grant allocation, $1,500,000 in estimated CDBG Revolving Loan Funds and $25,761.41 in Community Program Income; and WHEREAS total program revenue for the 2006-2007 HOME Program will be $2,771,513 including $1,580,488 HOME grant allocation, $355,611 grant match, $35,414 ADDI grant allocation and $800,000 in estimated HOME Revolving Loan Funds; and WHEREAS funding for the HOME program match is appropriated in the Oakland County 2006 Adopted Budget; and WHEREAS total program revenue for the 2006-2007 ESG Program will be the grant allocation of $167,568; and WHEREAS the CDBG and ESG grants are 100 percent federally funded and no County funds are required; and WHEREAS fund schedules and program descriptions for the 2006-2007 CDBG, HOME and ESG programs appear in attachments A, B, C, D and E; and WHEREAS the CDBG, HOME and ESG grant agreements have been reviewed by County Executive Departments through the County grant process (Miscellaneous Resolution #01320); and Commissioners Minutes Continued. June 15 2006 255 WHEREAS acceptance of these grants does not obligate Oakland County to any future commitment; and WHEREAS program budget amendments for 2006 CDBG and HOME Revolving Loan Fund actuals will be requested by resolution in 2007 after compilation of additional information and fiscal year closing; and WHEREAS the 2005 Annual Action Plan and Consolidated Grant Acceptance for CDBG, HOME and ESG (Miscellaneous Resolution #05109) estimated Home Improvement Program Revolving Loan Fund revenue of $1,600,000 and Home Investment Partnership Act Revolving Loan Fund revenue of $780,000; and WHEREAS the Home Improvement Revolving Loan Fund generated $1,341,297.13 and the Home Investment Partnership Act Revolving Loan Fund generated $715,408.75 in Program Year 2005. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts consolidated CDBG, HOME and ESG grant funding from the U.S. Department of Housing and Urban Development in the amount of $5,695,437, $1,500,000 in estimated Home Improvement Revolving Loan Funds, $25,761.41 in Community Program Income, $800,000 in estimated HOME Revolving Loan Funds and HOME County match of $355,611 for a consolidated 2006 program year grant package totaling $8,376,809.41. BE IT FURTHER RESOLVED that the 2005 Annual Action Plan and Consolidated Grant Acceptance be amended to reflect CDBG Home Improvement Revolving Loan Funds totaling $1,341,297.13 and Home Investment Partnership Act Revolving Loan Funds totaling $715,408.75 in the program year period of May 1, 2005 through April 30, 2006. BE IT FURTHER RESOLVED that the Board of Commissioners approves the Emergency Shelter grant subject to the clarifications provided by HUD in the letter from Emerson Sherrod dated March 15, 2005 that Oakland County's obligations under the grant for discharge policies and participation in the HMIS System is to make these requirements for ESG funded entities. The letter from Mr. Sherrod is attached and incorporated into this Agreement. BE IT FURTHER RESOLVED that the future level of service, including personnel, will be contingent upon the level of Federal funding available for these programs. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes both the Board of Commissioners Chairperson and the County Executive to execute the grant agreements and to approve amendments and extensions up to fifteen (15) percent variance from the award, consistent with the agreement as originally approved. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. Copy of Attachments A, B, C, D and E on file in County Clerk’s office. PLANNING AND BUILDING COMMITTEE Copy of Grant Review Form, 2006 Consolidated Plan Approval, Funding Approval/Agreement, Funding Approval and HOME Investment Partnerships Agreement, Fiscal Year 2006 Local Government Grant Agreement Emergency Shelter Grants Program, Attachments A and B, Table 1.2B – PY 2006 CDBG Allocations, Table 1.2C – PY 2006 CDBG Benefit Distribution, Table 1.2D – Categorical Distribution, Attachments C, D, and E, and ESG and HMIS Certifications on file in County Clerk’s Office. FISCAL NOTE (MISC. #06120) BY: Finance Committee, Chuck Moss, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS – COMMUNITY AND HOME IMPROVEMENT DIVISION – 2006 ANNUAL ACTION PLAN AND CONSOLIDATED GRANT ACCEPTANCE FOR CDBG, HOME AND ESG PROGRAMS AND 2005-2006 ANNUAL ACTION PLAN AMENDMENT 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 acceptance of grant funding from the U.S. Department of Housing and Urban Development for program year 2006 for the consolidated Community Development Block Grant (CDBG), HOME Investment Partnership Grant (HOME), and Emergency Shelter Grant (ESG) in the amount of $5,695,437. Commissioners Minutes Continued. June 15 2006 256 2. The award includes $3,911,967 for the Community Development Block Grant, $1,580,488 for the HOME Investment Partnership Grant, $35,414 for the HOME American Dream Down payment Initiative and $167,568 for the Emergency Shelter Grant. 3. The award also includes $1,500,000 in estimated Home Improvement Revolving Loan Funds, $25,761.41 in Community Program Income, $800,000 in estimated HOME Revolving Loan Funds, and requires a HOME County match of $355,611 for a consolidated 2006 program year grant total of $8,376,809.41. 4. The grant award is the same amount as the application. 5. Local County match of $355,611 (25%) is required for grant funding allocated to housing rehabilitation and/or new construction activities for the HOME Investment Partnership Grant. The 25% match percentage requirement is the same as the match requirement in the 2005 HOME Investment Partnership Grant. 6. County Match of $355,611 is available in the Non-Departmental Grant Match line item of the Fiscal Year 2006 General Fund Budget, account #10100-9090101-196030-730800. No additional appropriation is required. 7. Indirect costs associated with this grant are not paid due to administrative and planning limits. 8. The funding period is for the program year May 1, 2006 through April 30, 2007. 9. The resolution also amends the 2005 Annual Action Plan and Consolidated Grant Acceptance to reflect actual funding generated by the CDBG Home Improvement Revolving Loan Fund, the Home Investment Partnership Act Revolving Loan Fund, and HOME Community Housing Development Organization Program Income in the program year period of May 1, 2005 through April 30, 2006. 10. A Fiscal Year 2006 Budget amendment is recommended as follows: GENERAL FUND (#10100) Expenditures 10100-9090101-196030-730800 Non-Dept Grant Match ($355,611) 10100-9090101-989999-788001-29711 Transfer Out to Comm 355,611 -& Home Dev $ -0- COMMUNITY & HOME DEVELOPMENT (#29711) Revenue 29711-1090659-989999-695500-10100 Transfer In from General Fund $355,611 Expenditures 29711-1090659-132240-730884 Comm & Home Dev $296,342 -Housing Rehab Match 29711-1090659-132260-730261 CHDO Match 59,269 $355,611 $ -0- FINANCE COMMITTEE (The vote for this motion appears on page 259.) *MISCELLANEOUS RESOLUTION #06121 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS – PERFORMANCE GRANT AGREEMENT FOR FISCAL YEAR 2006 ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan has awarded Oakland County Emergency Response and Preparedness grant funding in the amount of $46,472 for the period of October 1, 2005, through September 30, 2006; and WHEREAS Emergency Management was notified of available grant funding via a letter dated April 28, 2006, as attached; and Commissioners Minutes Continued. June 15 2006 257 WHEREAS this is the 34th year of grant acceptance for this program; and WHEREAS the purpose of the program is to encourage the development of comprehensive disaster preparedness and assistance plans, programs, capabilities and organizations by the States and local governments; and WHEREAS the grant represents a reimbursement for a portion of salaries and is a pass-through of Federal funds for which no County match is required; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process subject to approval of the Department of Corporation Counsel and the Board of Commissioners’ Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts grant funding from the State of Michigan in the amount of $46,472 for Fiscal Year 2006. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant agreement and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Grant Review Sign Off – Emergency Response and Preparedness, Executive Summary Oakland County Emergency Response and Preparedness Performance Grant Agreement 2006, letter from Captain Kriste Etue, Deputy State Director of Emergency Management, and State of Michigan Emergency Management Performance Grant (EMPG) Agreement for Fiscal Year 2006 on file in County Clerk’s Office. FISCAL NOTE (MISC. #06121) BY: Finance Committee, Chuck Moss, Chairperson IN RE: COUNTY EXECUTIVE – EMERGENCY RESPONSE AND PREPAREDNESS - PERFORMANCE GRANT AGREEMENT FOR FISCAL YEAR 2006 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 resolutions and finds: 1. Oakland County Emergency Management has been awarded grant funding by the State of Michigan in the amount of $46,472 for the period of October 1, 2005 through September 30, 2006, for the development of comprehensive disaster preparedness and assistance plans, programs, capabilities, and organizations by the State and local governments. 2. This is the 34th year of grant acceptance for this program. The Fiscal Year 2006 total EMPG award funds a portion of salary and fringe benefits of the Emergency Management department’s emergency program administrator’s salary and fringe benefits, (position #09864). 3. The grant agreement has been processed through the County Executive Contract Review Process, and the Board of Commissioner’s Grant Acceptance Procedures, subject to ratification by the Oakland County Board of Commissioners. 4. No County General Fund/General Purpose dollars are required for match. 5. Revenue from this agreement has already been included in the Fiscal Year 2006 Adopted Budget as General-Purpose revenue; no budget amendment is required. FINANCE COMMITTEE (The vote for this motion appears on page 259.) Commissioners Minutes Continued. June 15 2006 258 *MISCELLANEOUS RESOLUTION #06122 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE, PROSECUTOR'S OFFICE, CIRCUIT COURT AND COMMUNITY CORRECTIONS – FISCAL YEAR 2006 BYRNE JUSTICE ASSISTANCE GRANT (JAG) ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the U.S. Department of Justice - Office of Justice Programs awarded Oakland County, along with the City of Pontiac, grant funding in the amount of $114,411; and WHEREAS Oakland County's share of this award is $38,031 and requires no local matching funds; and WHEREAS under an Intergovernmental Agreement with the City of Pontiac authorized by Miscellaneous Resolution #06036, Oakland County will act as the fiduciary and lead agency for the entire award; and WHEREAS Oakland County's projects under this award include the purchase of capital equipment for the Sheriff’s Office, Prosecutor’s Office, Circuit Court and Community Corrections; 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 grant program funding. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the U.S. Department of Justice Grant Acceptance Agreement in the amount of $114,411, 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 Sign Off – Sheriff’s Office – JAG, Program Narrative – Attachment 1, Budget Narrative – Attachment 2, letter from Domingo S. Herraiz, Director of Bureau of Justice Assistance, letter from Michael L. Alston, Director of Office of Justice Programs and Office for Civil Rights, and Bureau of Justice Assistance Grant on file in County Clerk’s office. FISCAL NOTE (MISC. #06122) BY: Finance Committee, Chuck Moss, Chairperson IN RE: SHERIFF’S OFFICE, PROSECUTOR’S OFFICE, CIRCUIT COURT AND COMMUNITY CORRECTIONS – FISCAL YEAR 2006 BYRNE JUSTICE ASSISTANCE GRANT (JAG) 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 United States Department of Justice has awarded Oakland County and the City of Pontiac grant funding in the amount of $114,411. 2. Oakland County’s share of the award is $38,031. The Sheriff’s Office will receive $16,791, Prosecutor’s Office $9,100, Circuit Court $9,140 and Community Corrections $3,000 for the purchase of capital equipment. 3. Oakland County will purchase and transfer ownership of the capital equipment estimated at $76,380 for the City of Pontiac pursuant the Interlocal Agreement approved by Miscellaneous Resolution #06036. 4. The grant funding period is June 1, 2006 through May 31, 2007. 5. No County match or positions are required. 6. An amendment to the Fiscal Year 2006 budget is recommended as follows: GRANT FUND #27375 FY 2006 Revenue 1070401-113140-610313 Grants-Federal $ 3,000 4030101-112580-610313 Grants-Federal $ 76,380 4030505-110110-610313 Grants-Federal $ 16,791 3010101-121100-610313 Grants-Federal $ 9,140 4010101-122050-610313 Grants-Federal $ 9,100 Total Grant Fund Revenue $114,411 Commissioners Minutes Continued. June 15 2006 259 GRANT FUND #27375 Expenditures 1070401-113140-750170 Other Exp. Equipment $ 3,000 4030101-112580-750170-40420 Other Exp. Equip. $ 76,380 4030505-110110-750170 Other Exp. Equipment $ 16,791 3010101-121100-750170 Other Exp. Equipment $ 9,140 4010101-122050-750170 Other Exp. Equipment $ 9,100 Total Grant Fund Expenditures $114,411 FINANCE COMMITTEE Vote on Resolutions on the Consent Agenda, as amended: AYES: Coleman, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). Commissioner Patterson introduced his grandson Todd who recently graduated from Oxford High School and will be going to Grand Valley State University in the fall. REPORT (MISC. #06102) BY: General Government Committee, William R. Patterson, Chairperson 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: The General Government Committee, having reviewed Miscellaneous Resolution #06102 on June 5, 2006, 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 #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. Commissioners Minutes Continued. June 15 2006 260 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 Moved by Crawford supported by Gregory the resolution be adopted. Moved by Crawford supported by Gregory the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Discussion followed. Vote on resolution: AYES: Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard, Coleman. (24) NAYS: Palmer. (1) A sufficient majority having voted in favor, the resolution was adopted. REPORT (MISC. #06101) BY: General Government Committee, William R. Patterson, Chairperson IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR COMBINED DRIVER’S LICENSE AND PASSPORT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #06101 on June 5, 2006, reports with a recommendation that the resolution be amended, as follows: 1. At the end of the 2nd WHEREAS paragraph, add ; and 2. The 4th WHEREAS paragraph should be amended, as follows: WHEREAS in order for a state-issued driver’s license to meet federal requirements for federal purposes, such as a passport, at a minimum the state-issued driver’s 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 3. The 9th WHEREAS paragraph, should be amended, as follows: 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 bard code or magnetic strip that border patrol officers could scan; and Commissioners Minutes Continued. June 15 2006 261 Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE 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. June 15 2006 262 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 Moved by Patterson supported by Middleton the resolution be adopted. Moved by Patterson supported by Middleton the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Patterson supported by Middleton the resolution be amended to coincide with the recommendation in the General Government Committee Report. A sufficient majority having voted in favor, the amendment was carried. Discussion followed. Vote on resolution, as amended: AYES: Crawford, Douglas, Kowall, Long, Middleton, Molnar, Moss, Palmer, Patterson, Potter, Rogers, Scott, Wilson, Bullard. (14) NAYS: Gershenson, Gregory, Hatchett, Jamian, Melton, Nash, Suarez, Woodward, Zack, Coleman, Coulter. (11) A sufficient majority having voted in favor, the resolution, as amended, was adopted. MISCELLANEOUS RESOLUTION #06123 BY: General Government Committee, William R. Patterson, Chairperson IN RE: CENTRAL SERVICES DEPARTMENT/AVIATION AND TRANSPORTATION DIVISION- REPLACEMENT OF CONTRACTED SERVICES WITH PTNE POSITIONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Aviation and Transportation Division currently utilizes the services of New Hudson Aero, LLC to employ contract employees to perform the duties of general helper/maintenance at the Oakland/Southwest and Oakland/Troy airports; and WHEREAS the duties performed by the contract employees are required to ensure compliance with Federal Aviation Administration (FAA) guidelines that include: performing daily inspections of the facilities and notifying management of any safety issues (i.e. broken pavement on the runways), answering the Unicom radio, informing Pilots of airport advisories, monitoring and inspecting the automated weather observation service, performing minor runway repairs (i.e. broken lights), responding to requests for minor T-hanger repairs, maintaining and cleaning the terminal buildings, and performing snow removal during the winter months; and WHEREAS the current contract with the Oakland/Troy Airport is scheduled to expire on May 31, 2006; and WHEREAS the cost to renew the contract for the Oakland/Troy Airport is proposed to increase by approximately 71% with no added services; and WHEREAS the cost of creating four (4) PR PTNE General Helper positions will be more cost effective. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the creation of four (4) PR funded PTNE 1,000 hour/year General Helper positions in the Central Services/Aviation and Transportation Division/ Oakland/Troy Airport. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Commissioners Minutes Continued. June 15 2006 263 The Chairperson referred the resolution to the Personnel Committee and the Finance Committee. There were no objections. REPORT BY: General Government Committee, William R. Patterson, Chairperson IN RE: BOARD OF COMMISSIONERS – CONFIRMATION OF DOUGLAS J. SMITH TO THE POSITION OF DIRECTOR OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the memo from L. Brooks Patterson, recommends the confirmation of Douglas J. Smith to the position of Director of Economic Development and Community Affairs. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Moved by Patterson supported by Palmer the General Government Committee Report be accepted. Moved by Patterson supported by Palmer the appointment of Douglas J. Smith to the position of Director of Economic Development and Community Affairs be confirmed. AYES: Douglas, Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard, Coulter, Crawford. (23) NAYS: Melton, Coleman. (2) A sufficient majority having voted in favor, the appointment of Douglas J. Smith to the position of Director of Economic Development and Community Affairs was confirmed. Chairperson Bill Bullard, Jr. introduced Douglas J. Smith and congratulated him on his appointment to the position of Director of Economic Development and Community Affairs. MISCELLANEOUS RESOLUTION #06124 BY: General Government Committee, William R. Patterson, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/CHILDREN’S VILLAGE, 2006-2009 WATERFORD SCHOOL DISTRICT AGREEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS providing a quality education for residents of Children’s Village is an essential component of the facility’s treatment program; and WHEREAS Oakland County and the Waterford School District have historically contracted to ensure a quality education through the provision of educational and administrative staff by the District, reimbursed by the County; and WHEREAS representatives of the County and the Waterford School District have reached agreement as to staffing requirements, contract language, and estimates of revenues and expenditures as detailed on attachments; and WHEREAS in order to maintain a quality level of education the negotiated agreement is proposed for three (3) school years beginning July 1, 2006, and ending June 30, 2009, with annual budget negotiations to begin no later than February 28 of each year; and WHEREAS the funding for this agreement is subject to the County Board of Commissioners’ budget process; and WHEREAS this agreement is included in the County Executive’s Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached amended agreement with the Waterford School District and that the Chairperson of the Board is authorized to sign said agreement. Commissioners Minutes Continued. June 15 2006 264 BE IT FURTHER RESOLVED that the Children’s Village School Operating Agreement for the period of July 1, 2006 through June 30, 2009, inclusive of all attachments and addendums, is amended to reflect the deletion of the Driver’s Education program and associated costs. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Children’s Village School Operating Agreement between County of Oakland and Waterford School District Fiscal Years 2006 – 2008, Budget Addendum “A”, and Business Associate Agreement Addendum “B” on file in County Clerk’s office. FISCAL NOTE (MISC. #06124) BY: Finance Committee, Chuck Moss, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/CHILDREN’S VILLAGE, 2006-2009 WATERFORD SCHOOL DISTRICT AGREEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: 1. Oakland County has contracted with the Waterford School District to ensure a quality education for residents of the Children’s Village through the provision of educational and administrative staff by the District. 2. It is the mandate of statutory law that the Waterford School District shall educate all pupils within its district. In the performance of that duty, the statue further provides: “(5) a general powers school district may enter into agreements or cooperative arrangements with other entities, public or private, or join organizations as part of performing the function of the school district.” 3. In order to maintain a quality level of education the negotiated agreement is proposed for three (3) school years beginning July 1, 2006 and ending June 30, 2009, with annual budget negotiations to begin no later than February 28 of each school year. 4. Total net cost for Fiscal Year 2006/07 is $481,002. This is a decrease of $129,606 from the previous 2005/06 agreement (Amendment #3) of $610,608. 5. Gross school district cost for the 2006/07 school year is $2,545,089, of which, $2,064,087 is expected to be reimbursed by the State for State Aid and Court Placed Student Reimbursement leaving a net expense of $481,002. The net expense is eligible for reimbursement from State Child Care Fund which is 50% reimbursable up to cap. Child Care Reimbursement is receipted in Child Care Fund under Non-Departmentals. 6. Funding relating to the acceptance of this agreement has been included in the Fiscal Year 2007 and Fiscal Year 2008 County Executive Recommended budget, no budget amendments are required. FINANCE COMMITTEE Moved by Patterson supported by Moss the resolution be adopted. Discussion followed. Moved by Melton supported by Coleman the resolution be amended to add three BE IT FURTHER RESOLVED paragraphs to read as follows: BE IT FURTHER RESOLVED that the funding for this agreement is approved for a one (1) year budget. BE IT FURTHER RESOLVED that annual budgets under this agreement are subject to the Oakland County Board of Commissioners’ annual approval through the committee process. Commissioners Minutes Continued. June 15 2006 265 BE IT FURTHER RESOLVED that the County Executive Administration and Waterford School District will engage in conversations with the Oakland Intermediate School District to identify Children’s Village’s eligibility for additional special education or vocational funding or support services. Discussion followed. Commissioner Woodward requested Corporation Counsel to clarify if the County would be locked in for three (3) years. Judith Cunningham, Corporation Counsel, addressed the issue. Discussion followed. Chairperson Bill Bullard, Jr. recognized Judith Cunningham, Corporation Counsel, who again addressed the board to clarify the resolution. Discussion followed. Moved by Kowall supported by Scott to call the question. Chairperson Bill Bullard, Jr. requested Deputy/Clerk Register James VanLeuven to clarify if the ruling to call the question was proper. Deputy/Clerk Register James VanLeuven stated that it was improper to call the question when there were Commissioners who had still requested to speak. Commissioner Woodward wanted it stated for the record that he did not agree with trying to eliminate further debate by calling the question. Discussion continued. Vote on Melton’s amendment: AYES: Gershenson, Gregory, Hatchett, Melton, Nash, Suarez, Woodward, Zack, Coleman, Coulter. (10) NAYS: Jamian, Kowall, Long, Middleton, Molnar, Moss, Palmer, Patterson, Potter, Rogers, Scott, Wilson, Bullard, Crawford, Douglas. (15) A sufficient majority not having voted in favor, the amendment failed. Discussion followed. Vote on resolution: AYES: Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard, Coleman, Coulter, Crawford, Douglas, Gershenson. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. MISCELLANEOUS RESOLUTION #06125 BY: Personnel Committee, Gregory C. Jamian, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT - SALARY ADMINISTRATION PLAN 2ND QUARTERLY REPORT FOR FISCAL YEAR 2006 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 Commissioners Minutes Continued. June 15 2006 266 WHEREAS the 2nd Quarterly Report for Fiscal Year 2006 identifies the job studies 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 Board of Commissioners authorizes implementation of the Salary Administration Plan 2nd Quarterly Report for Fiscal Year 2006, which includes the following classification changes: SALARY GRADE Classification From: To: Position Number One Maintenance Planner II to a new class 11 12 1040105-01372 titled "Facilities Planner" (Result of JERP Hearing) Two Office Assistant IIs to a new class titled 5 6 1060234-02436 "Vaccine Supply Clerk" 1060234-07559 One Secretary II to a new class titled "Telestaff 8 9 1060501-03418 System Coordinator" Manager – Community Corrections 20 21 1070401-07395 Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE Copy of Oakland County Salary Administration Second Quarterly Report for Fiscal Year 2006 and Oakland County Job Evaluation Review Panel on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #06126 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT AND PARKS AND RECREATION COMMISSION – RECOMMENDATION TO GRANT EASEMENT FOR UNDERGROUND ELECTRIC SERVICE TO THE DETROIT EDISON COMPANY – ORION OAKS COUNTY PARK (TAX PARCEL NO. 09-17-200-003) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is the owner of Orion Oaks County Park located in Orion Township; and WHEREAS the Oakland County Parks and Recreation Commission is in the process of constructing a new parking lot and restroom facility at Orion Oaks County Park; and WHEREAS electric service to the new restroom is proposed to be provided from Joslyn Road south of Clarkston Road; and WHEREAS the Oakland County Parks Commission and the Detroit Edison Company have agreed upon a route for the said underground electric service which will provide power to the site; and WHEREAS the Detroit Edison Company has requested that the County grant a 15-ft. by 261-ft. easement for underground electric service; and WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the granting of the easement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes and approves the granting of the attached easement for underground electric service and related appurtenances to the Detroit Edison Company for the sum of one dollar. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or designee to execute the attached easement for underground electric service and related appurtenances. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Commissioners Minutes Continued. June 15 2006 267 Copy of Grant of Non-Exclusive Underground Easement in Gross and property description of Orion Oaks 2006 Dog Park Improvements on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #06127 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – APPROVAL AND ACCEPTANCE OF LEASE WITH AGREEMENT WITH THE CITY OF SOUTHFIELD, PART OF THE SOUTHFIELD HEALTH CENTER PROPERTY, PART OF PARCEL NOS. 24-13-426-001 and 24-13-404-013. To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is the owner of the Southfield Health Center property located at 27725 Greenfield Road in the City of Southfield consisting of 28.43-acres; and WHEREAS the County has leased approximately 25-acres of the Southfield Health Center property to the City of Southfield for recreational purposes (Catalpa Park) since 1978; and WHEREAS the City of Southfield has requested that the lease of 25-acres of the Health Center property be extended; and WHEREAS pursuant to the authorization of the Oakland County Board of Commissioners Planning and Building Committee the Departments of Facilities Management and Corporation Counsel have negotiated the terms of the attached Lease agreement with the City of Southfield; and WHEREAS pursuant to the terms and conditions of said Lease agreement the County will continue to lease approximately 25-acres of land to the City for recreational purposes from May 5, 2005 until November 30, 2006 for the sum of one dollar per year; and WHEREAS the Departments of Facilities and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached Lease agreement and recommend its approval. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached Lease agreement between the County of Oakland and the City of Southfield. BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs it’s Chairperson or his designee to execute the attached Lease agreement and all other related documents which may be required between the County of Oakland and the City of Southfield. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Lease Catalpa Park, City of Southfield on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #06128 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE-CONTRACT FOR LAW ENFORCEMENT SERVICES AT THE MICHIGAN RENAISSANCE FESTIVAL-2006 SEASON To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Renaissance Festival, the operator of a summer theatre facility by the same name in Groveland Township, has requested the Oakland County Sheriff's Office to supply Patrol Officers for Law Enforcement Services for the upcoming 2006 season; and WHEREAS the Sheriff's Office has agreed to supply such Patrol Officers on an availability overtime hourly basis, the number of man-hours to be determined by the Sheriff's Office; and WHEREAS this contract has been approved by Corporation Counsel; and WHEREAS the County of Oakland shall be reimbursed for such services by the Michigan Renaissance Festival at the hourly overtime rates for the 2006 season, as was established by Miscellaneous Resolution #03265. Commissioners Minutes Continued. June 15 2006 268 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the execution of the attached contract consistent with provisions contained therein. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Contract for Police Protection – Michigan Renaissance Festival, Attachments A, B, C, and D on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #06129 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE-PAINT CREEK TRAILWAYS CONTRACT FOR LAW ENFORCEMENT SERVICES FOR THE 2006 SEASON To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is the policy of the Oakland County Board of Commissioners to permit the Sheriff's Office to enter into contractual agreements for the purpose of Law Enforcement Patrol Services; and WHEREAS the Paint Creek Trailways Commission has requested a contract between the County and Paint Creek Trailways for Law Enforcement Patrol Services for the 2006 season; and WHEREAS the Sheriff's Office, in conjunction with the Paint Creek Trailways, is proposing to contract for services per the attached agreement for Part Time Non-Eligible Mounted Deputies; and WHEREAS the rates for the 2006 season are included in the contract and approved by the Department of Management and Budget; and WHEREAS Corporation Counsel has approved this contract. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board and the Oakland County Sheriff to enter into the attached agreement with the Paint Creek Trailways for the purpose of Law Enforcement Patrol Services at the rates included in the attached contract. BE IT FURTHER RESOLVED that total amount of PTNE Mounted Deputy hours be increased by 500 for the purposes of this contract (increase of 150 hrs./yr. for Pos. #09748 and 09749 and 200 hrs./yr. for Pos. #09750). BE IT FURTHER RESOLVED that continuation of the additional hours are contingent upon renewal of this agreement. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Paint Creek Trailways Contract for Sheriff Law Enforcement Services 2006, Attachments A, B, and C on file in County Clerk’s office. The Chairperson referred the resolution to the Personnel Committee and the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #06130 BY: Commissioners Eric Coleman, District #23 and Mattie McKinney Hatchett, District #10 IN RE: BOARD OF COMMISSIONERS – OPPOSITION TO MICHIGAN CIVIL RIGHTS INITIATIVE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS many decisions of the United States Supreme Court have ruled that Affirmative Action is necessary and legitimate for realizing true equality in our great nation, which is growing increasingly diverse and multicultural; and WHEREAS California businessman Wardell Connerly has launched a misleading and deceptive campaign to amend Michigan’s Constitution and would outlaw Affirmative Action and nullify the Supreme Court’s legacy of supporting Affirmative Action; and Commissioners Minutes Continued. June 15 2006 269 WHEREAS the County of Oakland has long recognized that the diversity of its citizens is one of its most valuable assets and further recognizes that it must be allowed to continually review and improve its processes to increase diversity among its workforce and contractors to better reflect the composition of the county and better serve its residents; and WHEREAS the deceptive Michigan Civil Rights Initiative is certain to have broad and far reaching negative consequences by irreparably harming the ability of all Michigan residents to enjoy a fair chance in education and employment; and WHEREAS the proposed constitutional amendment would remove the ability of locally elected officials to bring about diversity within the operation of local government by violating the fundamental principle of local control that is embodied in the Michigan Constitution, Home Rule Cities Act and Public Act 139 of 1973, which seeks to ensure that each governmental unit is allowed to determine how best to serve its residents; and WHEREAS numerous civic organizations, labor unions, business groups, educational institutions, persons from all political parties, religious, ethnic, and women’s organizations oppose the adoption of this amendment; and WHEREAS the Michigan Civil Rights Initiative, if passed, would put an end to Constitutionally permissible efforts to provide equal opportunity for all Americans; and WHEREAS the false and divisive campaign being waged to promote this amendment will, if successful, reverse many of the advancements that have been made in race, color, gender, ethnic and national origin equality to date. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby reaffirms its support for diversity and affirmative action programs, as well as the principle of local control. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners goes on record as opposing the inappropriately named “Michigan Civil Rights Amendment” to the Michigan Constitution since it in no way furthers the civil rights of Michigan citizens and instead is completely contrary to the promotion and continuance of civil rights in this state. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners encourages our citizens as well as our citizen organizations to become informed and educated themselves on this important issue and to actively participate in efforts to defeat this proposal. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to Governor Granholm, the Oakland County delegation to the Michigan legislature, Oakland County Executive L. Brooks Patterson and the 61 cities, villages and townships in Oakland County. Chairperson, we move the adoption of the foregoing resolution. ERIC COLEMAN, MATTIE HATCHETT, DAVID COULTER, DAVID WOODWARD, JIM NASH, MARSHA GERSHENSON, HELAINE ZACK, VINCENT GREGORY, GEORGE SUAREZ, TIM MELTON, MICHAEL ROGERS The Chairperson referred the resolution to the Personnel Committee. There were no objections. MISCELLANEOUS RESOLUTION #06131 BY: Commissioners Eileen T. Kowall, District #6; Thomas F. Middleton, District #4; William D. Molnar District #13 and Eric S. Wilson, District #3 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR AMENDMENTS TO THE REVISED MUNICIPAL FINANCE ACT (PUBLIC ACT 34 OF 2001) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the cost of public employee retiree health care is one of the fastest growing components of governmental budgets; and WHEREAS with the implementation of new financial reporting standards, the cost of this benefit is becoming more apparent; and WHEREAS in order to continue to fund this expense and maintain sufficient budget flexibility to provide for necessary public services, local governments need innovative financial tools; and Commissioners Minutes Continued. June 15 2006 270 WHEREAS one such tool is the ability to issue debt in the form of municipal bonds to fund retiree health care obligations so that a consistent debt service obligation, at a lower annual cost, funds the projected retiree health care cost; and WHEREAS the Revised Municipal Finance Act (Public Act 34 of 2001) does not provide a mechanism to issue debt in the form of municipal bonds for this obligation, limiting local governments to issue debt only in the form of Trust Certificates; and WHEREAS because of their cumbersome nature and market unfamiliarity, Trust Certificates would cost local governments additional debt service over the life of the issue; and WHEREAS a change in Public Act #34 of 2001, allowing local governments to issue municipal bonds for this type of obligation would save on annual debt service allowing more resources to be used to support public services. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports amendments to Public Act 34 of 2001 (The Revised Municipal Finance Act), to allow local governments the option of issuing debt in the form of bonds to pay the cost of retiree health care. BE IT FURTHER RESOLVED that copies of this resolution be sent to Oakland County’s State Representatives and Senators and to the Michigan Association of Counties. Chairperson, I move adoption of the forgoing resolution. THOMAS MIDDLETON, EILEEN KOWALL, WILLIAM MOLNAR, ERIC WILSON, SUE ANN DOUGLAS, JOHN SCOTT, WILLIAM PATTERSON, CHRISTINE LONG, GREG JAMIAN, TIM MELTON, GEORGE SUAREZ, MARSHA GERSHENSON, ERIC COLEMAN, VINCENT GREGORY, JEFF POTTER, CHUCK MOSS The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #06132 BY: Commissioner David Coulter, District #25 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR HOUSE BILL 4550 – EMERGENCY RESTROOM ACCESS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS House Bill 4550 was introduced to grant access to employee restrooms within retail establishments for persons with an eligible medical condition; and WHEREAS medical conditions, such as inflammatory bowel diseases - like Crohn’s Disease and ulcerative colitis, present special and extenuating circumstances that warrant granting access to an otherwise restricted employee restroom; and WHEREAS House Bill 4550 contains protections against liability for the business owner who grants emergency access to the employee restroom; and WHEREAS more than 20 million Americans of all ages and races, from all walks of life suffer from kidney and urinary tract related diseases; and WHEREAS such accommodations to easily accessible restroom facilities would be beneficial to the 500,000 Michigan residents who currently suffer from eligible medical conditions; and WHEREAS retail establishments provide a public service in making employee restrooms available for those with documented ailments. The increased accessibility would allow Michigan residents greater opportunity to frequent local retailers with the comfort and security of knowing that their medical circumstances during a sudden emergency will be accommodated; and WHEREAS the Crohn’s and Colitis Foundation of America and the American Foundation for Urologic Disease supports such legislation. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby supports the concept contained in House Bill 4550 to provide restroom access for persons with certain medical conditions and to provide immunity from liability to retail establishments for permitting restroom access. Commissioners Minutes Continued. June 15 2006 271 BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners requests the Oakland County Clerk to forward copies of this adopted resolution to the House Committee on Commerce, the Oakland County Delegation to the State Legislature, the Michigan Association of Counties, and Oakland County's Legislative Lobbyists. Chairperson, we move the adoption of the foregoing resolution. DAVID COULTER, VINCENT GREGORY, HELAINE ZACK, GEORGE SUAREZ, TIM MELTON, ERIC COLEMAN, MARSHA GERSHENSON, JIM NASH, MATTIE HATCHETT, DAVID WOODWARD The Chairperson referred the resolution to the General Government Committee. There were no objections. Commissioner Woodward gave notice of intent to discharge Miscellaneous Resolution #06071 – BOARD OF COMMISSIONERS – AFFIRM SUPPORT FOR AFFIRMATIVE ACTION POLICIES IN OAKLAND COUNTY AND MICHIGAN from the Personnel Committee per Rule XIII-F on July 20, 2006. MISCELLANEOUS RESOLUTION #06133 BY: Commissioners Helaine Zack, District #22 and Marcia Gershenson, District #17 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR SENATE RESOLUTION 146 – TEEN SUICIDE PREVENTION AND EDUCATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS suicide is the third leading cause of death among people ages 15 to 25; and WHEREAS youth suicide is a silent epidemic that is ravaging our nation and stealing the futures of our young people; and WHEREAS nationally, approximately 3 million youth ages 12 – 17 were at risk of suicide in the past 12 months; and WHEREAS there is an alarming increase in the nation’s youth suicide rate. Suicide ranks as the third leading cause of death for ages 15-24 and fourth for ages 10-14; and WHEREAS within a typical high school classroom, it is likely that three students – two girls and one boy – have attempted suicide in the past year; and WHEREAS suicide is the second leading cause of death for our college-age youth, as well as for ages 15 to 19 in many states; and WHEREAS more teenagers and young adults have died of suicide than from cancer, heart disease, aids, birth defects, stroke, pneumonia, influenza, and chronic lung disease combined; and WHEREAS a suicide can devastate a community. According to the national alliance for the mentally ill (NAMI), suicide severely impacts the families and friends left behind, who often live with extreme shame and guilt over not having prevented the death of their loved one. Moreover, many attempts which do not result in death nonetheless end in serious injury to the victims and lifelong trauma to their families and those who know them; and WHEREAS a person who is considering suicide may exhibit behavioral warning signs. If someone notices the warning signs of suicide, it may be possible to avert a tragedy. With the possible exception of a parent, no one is better situated than a teacher to detect these signs and to initiate appropriate steps to prevent a suicide attempt; and WHEREAS proper training for teaching staff members can thus save pupils’ lives and save the families and friends of would-be victims the trauma of a suicide or suicide attempt. Moreover, early identification of depression and other problems may help to reduce the number of young people who commit or attempt to commit suicide once they have left school and entered adulthood; and WHEREAS Senate Resolution No. 146 encourages the State Board of Education to incorporate suicide prevention and education as part of the State of Michigan’s public school curriculum. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby supports the concept contained in Senate Resolution No. 146 and joins in encouraging the Michigan Board of Education to incorporate suicide prevention and education into Michigan’s public school curriculum. Commissioners Minutes Continued. June 15 2006 272 BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to Senator Johnson, Senator Barcia, Senator Cherry, Senator Clarke, Senator Goschka, Senator Switalski, The Michigan Board of Education, the Senate Committee on Education, the Oakland County Delegation to the State Legislature, The Michigan Association of Counties, and Oakland County's Legislative Lobbyists. Chairperson, we move the adoption of the foregoing resolution. HELAINE ZACK, MARSHA GERSHENSON, DAVID WOODWARD, DAVID COULTER, ERIC COLEMAN, VINCENT GREGORY, TIM MELTON, GEORGE SUAREZ, JIM NASH, JEFF POTTER The Chairperson referred the resolution to the General Government Committee. There were no objections. Moved by Coleman supported Coulter to override the ruling of Chairperson Bill Bullard Jr., to refer Miscellaneous Resolution #06130 – BOARD OF COMMISSIONERS – OPPOSITION TO MICHIGAN CIVIL RIGHTS INITIATIVE to the Personnel Committee and instead refer the resolution to the General Government Committee. A sufficient majority not having voted in favor, the motion failed. Commissioner Coleman called for a roll call vote. Discussion followed. Deputy Clerk/Register of Deeds James VanLeuven stated a “Yes” vote would be in favor of the motion, and a “No” vote would not be in favor of the motion. Vote on motion to override: AYES: Hatchett, Melton, Nash, Suarez, Woodward, Zack, Coleman, Coulter, Gershenson, Gregory. (10) NAYS: Jamian, Kowall, Middleton, Molnar, Moss, Palmer, Patterson, Potter, Rogers, Scott, Wilson, Bullard, Crawford, Douglas. (14) A sufficient majority not having voted in favor, the motion failed. The Board adjourned at 11:32 a.m. to the call of the Chair or July 19, 2006, at 7:00 p.m. RUTH JOHNSON BILL BULLARD, JR. Clerk Chairperson