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HomeMy WebLinkAboutMinutes - 2006.07.20 - 8393275 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES July 20, 2006 Meeting called to order by Chairperson Bill Bullard, Jr. at 9:38 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, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack. (24) EXCUSED ABSENCE WITH NOTICE: Patterson. (1) Quorum present. Invocation given by Sue Ann Douglas. Pledge of Allegiance to the Flag. Moved by Kowall supported by Coulter the agenda be approved as printed. AYES: Bullard, Coleman, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack. (24) NAYS: None. (0) A sufficient majority having voted in favor, the agenda was approved as printed. Deputy Clerk/Register of Deeds James H. VanLeuven read a communication from Robert H. Giles, Assistant Oakland County Prosecutor, stating he is the section leader of the Child Sexual Assault Unit here at the Oakland County Prosecutors Office and would be pleased to participate in the Prevention of Sexual Exploitation of Children Task Force. Deputy Clerk/Register of Deeds James H. VanLeuven read a communication from Beth Morrison, President and CEO of Haven, stating she would be pleased to participate in the Prevention of Sexual Exploitation of Children Task Force. Deputy Clerk/Register of Deeds James H. VanLeuven read a communication from Margaret Warner, Director MDHS – Oakland County, stating the Michigan Department of Human Service – Oakland County is honored to accept Commissioner Eric Coleman’s invitation to participate in the newly formed Prevention of Sexual Exploitation of Children Task Force. Dianna Pyles, Services Program Manager will serve as Commissioner Eric Coleman’s representative for this initiative. Commissioners Minutes Continued. July 20, 2006 276 Deputy Clerk/Register of Deeds James H. VanLeuven read a communication from Dr. Thomas Gordon, Director of Health and Human Services, appointing Jody Overall, Manager of DHHS/Children’s Village, to the Prevention of the Sexual Exploitation of Children Task Force. Deputy Clerk/Register of Deeds James H. VanLeuven read a communication from John N. O’Brien, II, Assistant U.S. Attorney, stating this letter serves as my acceptance to the Oakland County Board of Commissioners’ Prevention of the Sexual Exploitation of Children Task Force. Deputy Clerk/Register of Deeds James H. VanLeuven read a communication from Charles A. Ludwig, Director of Advocacy and Prevention, stating he will gladly participate in the Prevention of the Sexual Exploitation of Children Task Force. Deputy Clerk/Register of Deeds James H. VanLeuven read a communication from Kevin M. Oeffner, Circuit Court Administrator, stating the Honorable Judge Joan Young has given her approval and willingness to serve as a member of the Task Force. Deputy Clerk/Register of Deeds James H. VanLeuven read a communication from Charles T. Craft, Chief of Police, City of Troy, stating he is honored to be a member of the Prevention of Sexual Exploitation of Children Task Force. Deputy Clerk/Register of Deeds James H. VanLeuven read a communication from Major Damon Shields, Patrol and Technical Services Divisions, stating that Sergeant Clay Jansson of the Oakland County Sheriff’s Office will be the Sheriff’s Office representative that will participate in the Prevention of the Sexual Exploitation of Children Task Force. Deputy Clerk/Register of Deeds James H. VanLeuven read a communication from Dr. Vickie L. Markavitch, Superintendent of Oakland Schools appointing Carolyn Claerhout, J.D., Manager of Corporate & District Services to represent Oakland Schools to serve on the Oakland County Board of Commissioners’ Prevention of Sexual Exploitation of Children Task Force. Deputy Clerk/Register of Deeds James H. VanLeuven read a communication from Bill Bullard, Jr. Chairman of the Oakland County Board of Commissioners, appointing James N. Craft to the Oakland County Historical Commission for a term ending January 1, 2009. The communications were received for filing. Chairperson Bill Bullard, Jr. thanked Commissioner Coleman for establishing the Prevention of the Sexual Exploitation of Children Task Force. Chairperson Bill Bullard, Jr. stated there needed to be a voice vote to confirm the appointment of James N. Craft to the Oakland County History Commission. A sufficient majority having voted in favor, the appointment was confirmed. Commissioner Sue Ann Douglas along with Commissioners Eric Wilson, Will Molnar, Tim Melton and Chairperson Bill Bullard, Jr. presented a proclamation to Marye Miller, Director of the Rochester Older Persons’ Commission, for her achievement as the 2006 Lifetime Achievement Star Award recipient. The following people addressed the board: Allan Meltzer, Barbara Talley, Carolyn A. Drake, Fern Ettinger, Florence Herrmann (copy of Fern Ettinger and Florence Herrmann’s written support for affirmative action policies on file in County Clerk’s office), Lysa Postula-Stein, H.O. Maxey, Ayinde Harris, Jack Schneider, Carl H. Water, Barbara Bonsignore, Toni Wilson, Bill Mania, Sarah Slocum, Ramzi Dalloo, John Ashcraft, Barbara Rosalik, Linda Varonich, Diana Peagler, and Lisa Bauer. Moved by Moss supported by Jamian the resolutions (with fiscal notes attached) on the Consent Agenda, be adopted (with accompanying reports being accepted). (The vote for this motion appears on page 302.) The resolutions on the Consent Agenda follow (annotated by an asterisk {*}). Commissioners Minutes Continued. July 20, 2006 277 *MISCELLANEOUS RESOLUTION #06134 BY: Finance Committee, Chuck Moss, Chairperson IN RE: TREASURER’S OFFICE – POLICY FOR COUNTY PARTICIPATION IN CORRIDOR IMPROVEMENT AUTHORITIES (CIA’s) WITH TAX INCREMENT FINANCING 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, used in conjunction with Downtown Development Authorities (DDA’s) and Local Development Finance Authorities (LDFA’s); and WHEREAS Public Act No. 280 of 2005, MCL 125.2871, et seq., provides for the establishment of Corridor Improvement Authorities (CIA’s) pursuant to the Corridor Improvement Authority Act; and WHEREAS twenty-eight (28) of the cities, villages, and townships in Oakland County use tax increment financing as a tool to promote their economic growth; and WHEREAS the Board of Commissioners, through adoption of Miscellaneous Resolutions #90144, #97157, #99010, #01002 and #01193, established the current Oakland County Tax Increment Financing program; and WHEREAS pursuant to Miscellaneous Resolution #03081 and Miscellaneous Resolution #04239, respectively, this Board of Commissioners approved policies for County participation in Downtown Development Authorities with Tax Increment Financing and Local Development Finance Authorities with Tax Increment Financing; and WHEREAS the Corridor Improvement Authority Act is designed to allow municipalities to redevelop commercial corridors and thereby promote economic growth in these areas; and WHEREAS upon recommendation by the Tax Increment Financing District Review Policy Ad Hoc Review Committee (Ad Hoc Committee), a similar policy for County participation should be applied in circumstances in which the County is reviewing CIA’s with Tax Increment Financing. Further, the Department of Planning and Economic Development Services has developed criteria for this purpose. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, upon recommendation of the Ad Hoc Review Committee, hereby adopts the attached policy for County participation in Corridor Improvement Authorities (CIA’s) with Tax Increment Financing. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Corridor Improvement Authority Act No. 280 of 2005 and Performance Standards for Ad Hoc TIF Committee consideration on file in County Clerk’s office. (The vote for this motion appears on page 302.) *MISCELLANEOUS RESOLUTION #06135 BY: Finance Committee, Chuck Moss, Chairperson IN RE: BOARD OF COMMISSIONERS – PROPOSED CHARTER TOWNSHIP OF COMMERCE DOWNTOWN DEVELOPMENT AUTHORITY EXPANSION 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 some of the tools used to support this economic growth are Downtown Development Authorities (DDA’s), Tax Increment Finance Authorities (TIFA’s) and Local Development Finance Authorities (LDFA’s); and WHEREAS in order to review requests from the cities, villages and townships within the County to establish and amend DDA’s, TIFA’s, and LDFA’s, the Board of Commissioners, pursuant to Miscellaneous Resolution #01002, established the Tax Increment Financing (TIF) District Review Policy Ad Hoc Committee; this Committee evaluates and makes recommendations to the Finance Committee regarding the County’s participation in proposed authorities and amendments thereto; and Commissioners Minutes Continued. July 20, 2006 278 WHEREAS the Charter Township of Commerce (Township) submitted a proposal to expand an existing DDA (5th Amended Development/TIF Plan) and held a public hearing on the expansion on May 16, 2006; and WHEREAS the Township represents that all properties proposed for inclusion in the DDA expansion will not capture any County property taxes; therefore, the expansion will have no effect on potential tax revenues and no financial impact regarding loss of tax revenues to Oakland County; and WHEREAS the Township’s plan was reviewed by the TIF District Review Policy Ad Hoc Committee on June 14, 2006; and WHEREAS the Ad Hoc Committee recommends support of the Township’s DDA expansion, provided that the subject properties will not capture any County taxes. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports the Charter Township of Commerce in its DDA expansion as set forth here and in the attached agreement. BE IT FURTHER RESOLVED that if the tax exempt status of the affected parcels should change in the future, the Township must appear before the TIF District Review Policy Ad Hoc Committee (or its successor) to allow the County the opportunity to “opt out” of any tax capture as provided by law. If the Charter Township’s Board of Trustees fails to countersign the attached resolution by its August Board meeting, this resolution shall be considered as the County of Oakland’s determination to exercise its right to opt out of the proposed expansion pursuant to MCL 125.1653(3). Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of First Amended Agreement between the County of Oakland, the Charter Township of Commerce and the Commerce Township Downtown Development Authority, and Exhibits A, B, and C on file in County Clerk’s office. (The vote for this motion appears on page 302.) *MISCELLANEOUS RESOLUTION #06136 BY: Finance Committee, Chuck Moss, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET/EQUALIZATION DIVISION – APPROVAL OF CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH THE CITY OF BIRMINGHAM, CITY OF BLOOMFIELD HILLS, CITY OF HUNTINGTON WOODS, CITY OF NOVI AND CITY OF WALLED LAKE 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. 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 Birmingham, personal property and file maintenance; 2. City of Bloomfield Hills, real and personal property; 3. City of Huntington Woods, real and personal property; 4. City of Novi, personal property; 5. City of Walled Lake, real and 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 Commissioners Minutes Continued. July 20, 2006 279 Copy of Contract for Oakland County Equalization Division Assistant Services with the Cities of Birmingham, Bloomfield Hills, Huntington Woods, Novi and Walled Lake on file in County Clerk’s office. (The vote for this motion appears on page 302.) *REPORT (MISC. #06123) BY: Personnel Committee, Gregory C. Jamian, 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: The Personnel Committee having reviewed Miscellaneous Resolution #06123 on July 12, 2006 reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION #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 FISCAL NOTE (MISC. #06123) BY: Finance Committee, Chuck Moss, 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: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Oakland County Aviation and Transportation Division currently utilize 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. Commissioners Minutes Continued. July 20, 2006 280 2. The duties performed by the contract employees are required to ensure compliance with the Federal Aviation Administration (FAA) guidelines. 3. The current contract with the Oakland/Troy Airport is scheduled to expire on May 31, 2006. 4. The cost to renew the contract for the Oakland/Troy Airport is proposed to increase to $125,073 from $73,200 with no added services. 5. The total cost of creating four (4) PR PTNE General Helper positions will be $47,440 ($43,520 for salaries and $3,920 for fringe benefits). The creation of the PTNE positions would result in a $77,633 savings. 6. The Fiscal Year 2007 and Fiscal Year 2008 Executive Recommended Budget will be adjusted during the budget process to reflect the creation of the new positions. 7. A budget amendment is recommended as follows: COUNTY AIRPORTS FUND (#56500) FY 2006 FY 2007 Expenditures 1030701-154010-731171 Management Services ($47,440) ($47,440) 1030701-154010-702010 Salaries Regular 43,520 43,520 1030701-154010-722740 Fringe Benefits 3,920 3,920 Total Expenditures $47,440 $47,440 $ -0- $ -0- FINANCE COMMITTEE (The vote for this motion appears on page 302.) *REPORT (MISC. #06137) BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEPARTMENT OF CENTRAL SERVICES – OAKLAND COUNTY INTERNATIONAL AIRPORT – 2006 GRANT PROGRAM ACCEPTANCE – NOISE MITIGATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the above referenced resolution on July 11, 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 #06137 BY: General Government Committee, William R. Patterson, Chairperson IN RE: DEPARTMENT OF CENTRAL SERVICES – OAKLAND COUNTY INTERNATIONAL AIRPORT – 2006 GRANT PROGRAM ACCEPTANCE – NOISE MITIGATION 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. 2006-0445, Federal Project No. C-26-0079-4406, for Federal funds in the amount of $3,000,000.00, and State funds in the amount of $656,250.00, for the development and improvement of Oakland County International Airport; and WHEREAS the project consists of noise mitigation; 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 $93,750.00, 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. Commissioners Minutes Continued. July 20, 2006 281 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the grant contract in an amount not to exceed $3,750,000.00. BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners is authorized to execute the grant contract. On behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Grant Review Sign-Off-Central Services/Airport and Michigan Department of Transportation County of Oakland Contract for a Federal/State/Local Airport Project Under the Block Grant Program, Exhibit A, Attachment 3, Appendices A, B, C, F, G, and Sheet of Instructions on file in County Clerk’s office. FISCAL NOTE (MISC. #06137) BY: Finance Committee, Chuck Moss, Chairperson IN RE: DEPARTMENT OF CENTRAL SERVICES - OAKLAND COUNTY INTERNATIONAL AIRPORT – 2006 GRANT PROGRAM ACCEPTANCE – NOISE MITIGATION 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. 2006-0445, Federal Project No. C-26-0079-4406, for Federal funds in the amount of $3,000,000, State funds in the amount of $656,250 and a required local grant match of $93,750 for the development and improvement of Oakland County International Airport. 2. The project consists of noise mitigation. 3. The 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 $3,750,000 with $3,000,000 of the cost from Federal funds, $656,250 from State funds, and $93,750 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 302.) *REPORT (MISC. #06131) BY: General Government Committee, William R. Patterson, Chairperson 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: The General Government Committee, having reviewed Miscellaneous Resolution #06131 on July 10, 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 Commissioners Minutes Continued. July 20, 2006 282 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 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, we 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 vote for this motion appears on page 302.) *REPORT (MISC. #06132) BY: General Government Committee, William R. Patterson, Chairperson IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR HOUSE BILL 4550 – EMERGENCY RESTROOM ACCESS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #06132 on July 10, 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 Commissioners Minutes Continued. July 20, 2006 283 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. 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 vote for this motion appears on page 302.) *REPORT (MISC. #06133) BY: General Government Committee, William R. Patterson, Chairperson 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: The General Government Committee, having reviewed Miscellaneous Resolution #06133 on July 10, 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 Commissioners Minutes Continued. July 20, 2006 284 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. 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 vote for this motion appears on page 302.) Commissioners Minutes Continued. July 20, 2006 285 *MISCELLANEOUS RESOLUTION #06138 BY: General Government Committee, William R. Patterson, Chairperson IN RE: PARKS AND RECREATION COMMISSION – ACCEPTANCE OF GRANT FROM COMMUNITY FOUNDATION OF SOUTHEASTERN MICHIGAN’S GREENWAYS INITIATIVE FOR THE DEVELOPMENT OF A COUNTY–WIDE, NON-MOTORIZED TRAILS MASTER PLAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Community Foundation of Southeastern Michigan’s Greenways Initiative has awarded Oakland County Parks and Recreation Commission grant funding of $10,000 for the development of a county-wide, non-motorized master plan; and WHEREAS the Parks and Recreation Commission has designated funds in its 2006 Operating Budget for any funding for this project in excess of $10,000; and WHEREAS the said master plan will provide trail linkages for the seven counties and the City of Detroit under the auspices of the Southeastern Michigan Council of Government; and WHEREAS the grant agreement has been approved through the County Executive Contract Review Process and Board of Commissioners Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners enters into the attached grant agreement in the amount of $10,000 from the Community Foundation of Southeastern Michigan’s Greenways Initiative for the purpose of developing a county-wide, non-motorized trails master plan. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the Parks and Recreation Commission to accept the said grant as stated above, with said monies for this project to come from funds awarded as a result of this grant and from Parks and Recreation funds in excess of the grant amount. BE IT FURTHER RESOLVED that the acceptance of this grant does not obligate the County to any future commitment. 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 – Parks and Recreation, Terms of Grant Agreement, Final Report Guidelines, and Press Release Information and Request for Photographs on file in County Clerk’s office. FISCAL NOTE (MISC. #06138) BY: Finance Committee, Chuck Moss, Chairperson IN RE: PARKS AND RECREATION COMMISSION – ACCEPTANCE OF GRANT FROM COMMUNITY FOUNDATION OF SOUTHEASTERN MICHIGAN’S GREENWAYS INITIATIVE FOR THE DEVELOPMENT OF A COUNTY-WIDE, NON-MOTORIZED TRAILS MASTER PLAN Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above reference resolution and finds: 1. The Oakland County Parks and Recreation Commission has been awarded a grant from the Community Foundation of Southeastern Michigan’s Greenways Initiative in the amount of $10,000 for the purpose of developing a county-wide, non-motorized trails master plan. 2. The grant period is twelve (12) calendar months from acceptance. 3. The Parks and Recreation Commission have designated funds in its 2006 Operating Budget for any funding for this project in excess of $10,000. 4. The grant funds from the Community Foundation of Southeastern Michigan’s Greenways Initiative will be used for expenditures related to workshops, data collection, compilation and review of information collected resulting in the development of a final Green Way master plan. Commissioners Minutes Continued. July 20, 2006 286 5. A budget amendment is recommended as follows to reflect the grant award: PARKS AND RECREATION (FUND #50800) FY 2006 Revenue 5060805-160270-632135 Special Contracts $10,000 Expenditure 5060805-160270-750511 Special Event Supplies $10,000 $ -0- FINANCE COMMITTEE (The vote for this motion appears on page 302.) *REPORT (MISC. #06139) BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: PARKS AND RECREATION – SUPPORT FOR SUBMISSION OF GRANT APPLICATION TO THE MICHIGAN DEPARTMENT OF NATURAL RESOURCES LAND AND WATER CONSERVATION FUND TO PROVIDE MATCHING FUNDS FOR THE DEVELOPMENT OF THE LYON OAKS BRIDGE AND BOARDWALK TRAIL CONNECTOR To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the above referenced resolution on July 11, 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 #06139 BY: General Government Committee, William R. Patterson, Chairperson IN RE: PARKS AND RECREATION – SUPPORT FOR SUBMISSION OF GRANT APPLICATION TO THE MICHIGAN DEPARTMENT OF NATURAL RESOURCES LAND AND WATER CONSERVATION FUND TO PROVIDE MATCHING FUNDS FOR THE DEVELOPMENT OF THE LYON OAKS BRIDGE AND BOARDWALK TRAIL CONNECTOR To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Parks and Recreation Commission has been notified that applications for the LAND AND WATER CONSERVATION FUND may be submitted for 2006 funding; and WHEREAS the Oakland County Parks and Recreation Commission has resolved on JUNE 7, 2006 to submit an application for the following grant: LYON OAKS BRIDGE AND BOARDWALK TRAIL CONNECTOR; and WHEREAS the Oakland County Parks and Recreation Commission has the required grant match funds available to expand the development of park facilities; and WHEREAS the purpose of said grant is to provide access to open space, facilities and recreational opportunities for all residents of Oakland County; and WHEREAS the grant meets the goals and objectives of the Oakland County Recreational Master Plan – February 6, 2002. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Parks and Recreation Commission to submit said grant application as stated above, with said monies for this project to come from Parks and Recreation funds and funds awarded as a result of this grant application. 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 – Parks and Recreation, report from Fiscal Services, Oakland County Grant Review Lyon Oaks Bridge and Boardwalk Trail Connector, and Plat Maps – Project Location on file in County Clerk’s office. Commissioners Minutes Continued. July 20, 2006 287 FISCAL NOTE (MISC. #06139) BY: Finance Committee, Chuck Moss, Chairperson IN RE: PARKS AND RECREATION – SUPPORT FOR SUBMISSION OF GRANT APPLICATION TO THE MICHIGAN DEPARTMENT OF NATURAL RESOURCES LAND AND WATER CONSERVATION FUND TO PROVIDE MATCHING FUNDS FOR THE DEVELOPMENT OF THE LYON OAKS BRIDGE AND BOARDWALK TRAIL CONNECTOR 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 due date for the application is July 1, 2006. 2. This is the first year of the award with the Michigan Department of Natural Resources. 3. The grant period is from acceptance through July 1, 2007. 4. The application requests funding in the amount of $107,000 with $53,500 (50%) State Funds and $53,500 (50%) local match coming from 1/4 mil Parks Fund revenues. 5. Application and acceptance of this grant does not obligate the county to any future commitment and continuation of the grant is contingent upon continued future levels of grant funding. FINANCE COMMITTEE (The vote for this motion appears on page 302.) *REPORT (MISC. #06140) BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: PARKS AND RECREATION – SUPPORT FOR SUBMISSION OF GRANT APPLICATION TO THE MICHIGAN DEPARTMENT OF NATURAL RESOURCES TRUST FUND TO PROVIDE MATCHING FUNDS FOR THE UPPER BUSHMAN LAKE ACQUISITION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the above referenced resolution on July 11, 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 #06140 BY: General Government Committee, William R. Patterson, Chairperson IN RE: PARKS AND RECREATION – SUPPORT FOR SUBMISSION OF GRANT APPLICATION TO THE MICHIGAN DEPARTMENT OF NATURAL RESOURCES TRUST FUND TO PROVIDE MATCHING FUNDS FOR THE UPPER BUSHMAN LAKE ACQUISITION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Parks and Recreation Commission has been notified that applications for the Michigan Natural Resources Trust Fund may be submitted for 2006 funding; and WHEREAS the Oakland County Parks and Recreation Commission has resolved on JUNE 7, 2006 to submit an application for the following grant, UPPER BUSHMAN LAKE ACQUISITION; and WHEREAS the Oakland County Parks and Recreation Commission has the required grant match funds available to expand the development of the parks; and WHEREAS the purpose of said grant is to provide open space, facilities and recreational opportunities for all residents of Oakland County; and WHEREAS the grant meets the goals and objectives of the Oakland County Recreational Master Plan – February 6, 2002. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Parks and Recreation Commission to submit said grant application as stated above, with said monies for this project to come from Parks and Recreation funds and funds awarded as a result of this grant application. Commissioners Minutes Continued. July 20, 2006 288 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 – Parks and Recreation, report from Fiscal Services, Oakland County Grant Review Upper Bushman Lake Acquisition, and letter from Joseph P. Figa, Jr. in regards to 2006 Recreation Grant Application, and Plat Maps on file in County Clerk’s office. FISCAL NOTE (MISC. #06140) BY: Finance Committee, Chuck Moss, Chariperson IN RE: PARKS AND RECREATION – SUPPORT FOR SUBMISSION OF GRANT APPLICATION TO THE MICHIGAN DEPARTMENT OF NATURAL RESOURCES TRUST FUND TO PROVIDE MATCHING FUNDS FOR THE UPPER BUSHMAN LAKE ACQUISITION 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: The due date for the application is August 1, 2006. This is the first year of the award with the Michigan Department of Natural Resources. The grant period is from acceptance through April 1, 2007. The application requests funding in the amount of $4,500,000 with $1,900,000 (42%) State Funds and $2,600,000 (58%) local match coming from 1/4 mil Parks Fund revenues. Application and acceptance of this grant does not obligate the county to any future commitment and continuation of the grant is contingent upon continued future levels of grant funding. FINANCE COMMITTEE (The vote for this motion appears on page 302.) *MISCELLANEOUS RESOLUTION #06141 BY: General Government Committee, William R. Patterson, Chairperson IN RE: BOARD OF COMMISSIONERS - AREA AGENCY ON AGING 1-B FISCAL YEAR 2007-2009 MULTI-YEAR PLAN AND FISCAL YEAR 2007 ANNUAL IMPLEMENTATION PLAN FOR SERVICES TO OLDER ADULTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in Michigan, the Older Michiganians Act (Public Act 180 of 1981) authorizes the Michigan Office of Services to the Aging to serve as the State unit on aging and specifies the powers and duties of the State’s designated area agencies on aging; and WHEREAS the Agency on Aging 1-B (AAA1-B) is a private nonprofit organization responsible for planning, coordinating, and funding older adult services in Livingston, Macomb, Monroe, Oakland, St. Clair and Washtenaw Counties; and WHEREAS the Area Agency on Aging 1-B has been supporting services to Oakland County residents since 1974; and WHEREAS the Area Agency on Aging 1-B has assessed the needs of older county residents and developed a plan to provide assistance that addresses identified needs; and WHEREAS the proposed plan has been submitted for review by the public, and has been subjected to two public hearings; and WHEREAS the comments at the public hearings on the proposed plan were mostly favorable, and constructive changes in the plan were made as a result of some comments; and WHEREAS the Oakland County Board of Commissioners appoints two representatives to the AAA 1-B Board of Directors, a County Commissioner and a county resident who is at least 60 years of age; and WHEREAS the Michigan Office of Services requires that county Boards of Commissioners be given the opportunity to review and approve area agency on aging multi-year area plans and annual implementation plans. Commissioners Minutes Continued. July 20, 2006 289 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the Fiscal Year 2007-2009 Multi-Year Plan and Fiscal Year 2007 Annual Implementation Plan of the Area Agency on Aging 1-B for the purpose of conveying such support to the Area Agency on Aging 1-B and the Michigan Office of Services to the Aging. BE IT FURTHER RESOLVED that the Oakland County Clerk forward a copy of this adopted resolution and minutes of the Board of Commissioners' meeting where such action was taken to the Area Agency on Aging 1-B. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Fiscal Year 2007-9 Multi-Year Area Plan and Fiscal Year 2007 Annual Implementation Plan on file in County Clerk’s office. (The vote for this motion appears on page 302.) *MISCELLANEOUS RESOLUTION #06142 BY: General Government Committee, William R. Patterson, Chairperson IN RE: CLERK/REGISTER OF DEEDS/ELECTIONS DIVISION - 2006 HELP AMERICA VOTE ACT – AUTOMARK BALLOT MARKING DEVICE AND INFORMATION MANAGEMENT SOFTWARE (HAVA- AIMS) EQUIPMENT GRANT AGREEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners adopted Miscellaneous Resolution #05036 to apply to the Michigan Secretary of State for a Help America Vote Act (HAVA) Grant to purchase optical scan voting systems and related Election Management System (EMS) software to comply with the Help America Vote Act; and WHEREAS this is the third phase of the federally-funded HAVA grant that is being administered through the Michigan Secretary of State; and WHEREAS the 2006 Help America Vote Act – AutoMARK Ballot Marking Device and Information Management Software (HAVA-AIMS) Equipment Grant Agreement provides a ballot device and accompanying software that will provide a voting system for use by individuals with disabilities; and WHEREAS the Michigan Secretary of State has awarded Oakland County with a HAVA-AIMS equipment grant that provides the hardware and software to comply with HAVA; and WHEREAS the equipment acquired through this grant will include one AutoMARK Ballot Marking Device and one copy of AIMS programming software; and WHEREAS no County match or additional positions are required; and WHEREAS the Oakland County Clerk/Register of Deeds recommends the acceptance of this grant; and WHEREAS the grant agreement was approved through the County Executive's Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the 2006 Help America Vote Act – AutoMARK Ballot Marking Device and Information Management Software (HAVA-AIMS) Equipment Grant award from the Michigan Secretary of State that provides hardware and software for voters with disabilities. BE IT FURTHER RESOLVED that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached. Chairperson, on behalf of the General Government Committee, I move adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Grant Review Sign Off – Clerk/Register, Project Synopsis and State of Michigan, Michigan Department of State and County of Oakland Help America Vote Act (HAVA) Grant Agreement on file in County Clerk’s office. Commissioners Minutes Continued. July 20, 2006 290 FISCAL NOTE (MISC. #06142) BY: Finance Committee, Chuck Moss, Chairperson IN RE: CLERK/REGISTER OF DEEDS/ELECTIONS - 2006 HELP AMERICA VOTE ACT – AUTOMARK BALLOT MARKING DEVICE AND INFORMATION MANAGEMENT SOFTWARE (HAVA-AIMS) EQUIPMENT GRANT 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. The State of Michigan, Department of State, has awarded the Clerk’s Office an equipment grant for hardware and software related providing individuals with disabilities assistance in ballot marking. 2. No funds will be receipted or expended directly by the county. 3. The equipment, valued at roughly $6,500, will become County property. The County will be responsible for the maintenance of the equipment. Funds are included in the Fiscal Year 2006 Budget. 4. No County match or additional positions are required. 5. A budget amendment to the Fiscal Year 2006 Budget is not required. FINANCE COMMITTEE (The vote for this motion appears on page 302.) *MISCELLANEOUS RESOLUTION #06143 BY: General Government Committee, William R. Patterson, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – REQUEST FOR APPROVAL OF PATCH AGREEMENT WITH THE STATE OF MICHIGAN, BY THE MICHIGAN DEPARTMENT OF INFORMATION TECHNOLOGY, MICHIGAN PUBLIC SAFETY COMMUNICATIONS SYSTEM (MPSCS) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners, pursuant to Miscellaneous Resolution #98308, recognized that the County's current 800MHz radio system needed to be upgraded and expanded to encompass all public safety agencies and to create interoperatibility between public safety agencies; and WHEREAS the Oakland County Board of Commissioners, pursuant to MCL 484.1401 and Miscellaneous Resolution #99279, authorized the levy of a four (4%) percent emergency telephone operational charge to pay for a new County-wide radio system that will have the ability to encompass all public safety agencies in Oakland County and create interoperability between public safety agencies; and WHEREAS the United Sates Department of Homeland Security has determined that interoperability among public safety radio systems is imperative for the protection of citizens and property; and WHEREAS Oakland County had previously obtained funds from a Federal grant through the City of Warren for an interoperability solution to allow public safety users on disparate systems to communicate seamlessly; and WHEREAS the Michigan Public Safety Communications System (MPSCS), a disparate radio system utilized by the Michigan State Police and many surrounding counties and cities with whom interoperability is critical, cannot otherwise communicate with Oakland County's radio system; and WHEREAS the State of Michigan requires a Patch Agreement of all local governments desiring to create interoperability between a local radio system and the MPSCS; and WHEREAS it is the recommendation of the Department of Information Technology that the Oakland County Board of Commissioners accepts and approves the terms and conditions of the attached Patch Agreement; and WHEREAS the Departments of Information Technology and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached Patch Agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached Patch Agreement between the County of Oakland and the State of Michigan, by the Michigan Department of Information Technology, Michigan Public Safety Communications System. Commissioners Minutes Continued. July 20, 2006 291 BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Patch Agreement and all other related documents between the County of Oakland and the State of Michigan, which may be required. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Michigan Public Safety Communications Systems (MPSCS) Patch Agreement on file in County Clerk’s office. (The vote for this motion appears on page 302.) *MISCELLANEOUS RESOLUTION #06144 BY: General Government Committee, William R. Patterson, Chairperson IN RE: INFORMATION TECHNOLOGY - INTERGOVERNMENTAL AGREEMENT TO TRANSFER GIS AND RELATED DATA TO HURON-CLINTON METROPOLITAN AUTHORITY (HCMA) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS HCMA has requested certain geographic information systems (GIS) and related land data for use in its projects to be conducted within the County borders; and WHEREAS the transmission of this data should be provided pursuant to an intergovernmental agreement, and none previously existed relating to the use of this data by HCMA; and WHEREAS an agreement has been drafted (as attached) by the County’s Corporation Counsel; and WHEREAS State statutes (MCL 45.556-p) state that the Board of Commissioners has the power to “Enter into agreements with other governmental or quasi-governmental entities for the performance of services jointly”; and WHEREAS the transmission of the data would benefit the County’s residents by supporting environmental education programs that are provided to middle and high-school students, educators and other visitors to the Environmental Discovery Center. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the attached intergovernmental agreement and authorizes the transfer of the information cited therein. BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the Agreement on behalf of Oakland County, and hereby accepts and binds Oakland County to the terms and conditions of this Agreement. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Intergovernmental Agreement between the County of Oakland and Huron-Clinton Metropolitan Authority on file in County Clerk’s office. (The vote for this motion appears on page 302.) *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 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 Commissioners Minutes Continued. July 20, 2006 292 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 Minutes of April 26, 2006 on file in County Clerk’s office. FISCAL NOTE (MISC. #06125) BY: Finance Committee, Chuck Moss, 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: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Human Resources Department, with approval from the Board of Commissioners, provides a process for departments and employees requesting a review of the salary grade placement classifications for Grades 1–12. 2. One (1) General Purpose Fund Secretary in the Children’s Village Division will be upgraded from a grade 8 to a grade 9 and retitled to Telestaff System Coordinator, which totals an annual cost of $2,887 and $555 for the remainder of Fiscal Year 2006 in salaries and fringe benefits. 3. The General Fund Community Corrections - Manager will be upgraded from a grade 20 to a grade 21, which totals an annual cost of $9,059 and $1,742 for the remainder of Fiscal Year 2006 in salaries and fringe benefits. 4. The total impact on General Fund/General Purpose is an annual cost of $11,946 (salaries $8,862; Fringe Benefits $3,084) and $2,297 for the remainder of Fiscal Year 2006 (Salaries $1,704; Fringe Benefits $593). 5. One (1) Proprietary Fund Maintenance Planner II position in Facilities Maintenance and Operations will be reclassified as a Facilities Planner and upgraded from a grade 11 to a grade 12, at a total annual cost of $4,396 and $845 for the remainder of Fiscal Year 2006. Cost for this position change will be funded by in the Facilities Maintenance and Operations Fund. 6. Two (2) Special Revenue Office Assistant II positions in the Health Division will be reclassified as Vaccine Supply Clerks and upgraded from a grade 5 to a grade 6, at total annual cost of $5,429 and $1,044 for the remainder of Fiscal Year 2006. Cost for the upgrade will be funded by the Health Division’s CPBC Grant Funds. 7. The Fiscal Year 2007 and Fiscal Year 2008 Executive Recommended Budget will be adjusted during the budget process to reflect the position changes. Commissioners Minutes Continued. July 20, 2006 293 8. A budget amendment for Fiscal Year 2006 is recommended as follows: GENERAL FUND (#10100) FY 2006 FY 2007 Expenditures 9090101-196030-740037 Non-Dept – Class & Rate Change ($2,297) ($11,946) 9010101-989999-788001-20293 Transfer to Child Care Fund 555 2,887 1070401-113000-702010 Community Corrections – Salaries 1,292 6,720 1070401-113000-722740 Community Corrections – Fringe Ben. 450 2,339 Total General Fund $ -0- $ -0- CHILD CARE FUND (#20293) Revenue 9090101-989999-788001-10100 Transfer from General Fund $ 555 $ 2,887 Expenditures 1060501-112010-702010 Children’s Village – Salaries 412 $ 2,142 1060501-112010-722740 Children’s Village – Fringe Ben 143 745 Total Child Care Fund $ 555 $ 2,887 FINANCE COMMITTEE (The vote for this motion appears on page 302.) *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 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. Commissioners Minutes Continued. July 20, 2006 294 FISCAL NOTE (MISC. #06126) BY: Finance Committee, Chuck Moss, Chairperson IN RE: DEPARTMENTS OF FACILITIES MANAGEMENT AND PARKS AND RECREATION – 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: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Oakland County Parks Commission is in the process of constructing a new parking lot and restroom facility at Orion Oaks County Park. 2. The resolution authorizes and approves the granting of an easement to the site to the Detroit Edison Company for underground electric service and related appurtenances for the sum of one (1) dollar. 3. No General Fund/General Purpose amendment is required. FINANCE COMMITTEE (The vote for this motion appears on page 302.) *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. Commissioners Minutes Continued. July 20, 2006 295 FISCAL NOTE (MISC. #06127) BY: Finance Committee, Chuck Moss, 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: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The resolution approves and authorizes a lease agreement between Oakland County and the City of Southfield for approximately 25 acres of land of the Southfield Health Center property located at 27725 Greenfield Road, Southfield, Michigan. 2. Under terms of the agreement, the County will continue to lease approximately 25 acres of land of the Southfield Health Center property to the City of Southfield for recreational purposes from May 5, 2005 until November 30, 2006 for the sum of $1 per year. 3. The City will continue to be responsible for the maintenance and operation of its recreational facilities. 4. The lease may be terminated by either party with three months notice. 5. No General Fund/General Purpose amendment is required. FINANCE COMMITTEE (The vote for this motion appears on page 302.) *MISCELLANEOUS RESOLUTION #06145 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST FOR APPROVAL OF AMENDMENT 1 CONSTRUCTION LICENSE AND LEASE AGREEMENT WITH THE CHARTER TOWNSHIP OF ORION FOR THE NEW COUNTYWIDE RADIO SYSTEM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution No. 05116 of June 30, 2005 the Oakland County Board of Commissioners approved a Construction License and Lease Agreement with the Charter Township of Orion for construction of a radio communication tower, equipment shelter and installation of related equipment at 2525 Joslyn Road, Lake Orion, Michigan; and WHEREAS during subsequent construction operations it was determined that electric service to the new tower could not be provided from Greenshield Road as originally planned. An alternate source of electricity has now been obtained from the Grand Trunk Railroad property to the Southeast; and WHEREAS Oakland County Corporation Counsel has prepared the attached Amendment 1 Construction License and Lease Agreement. All terms and conditions of the original agreement remain in full force and effect with the exception of Exhibits A and B, which have been revised to indicate the new route of the electric service; and WHEREAS it is the recommendation of the Departments of Facilities Management and Information Technology that the Oakland County Board of Commissioners accept and approve the attached Amendment 1 Construction License and Lease Agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached Amendment 1 Construction License and Lease Agreement for radio tower construction and lease purposes between the County of Oakland and the Charter Township of Orion. BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Amendment 1 Construction License and Lease Agreement and all other related documents between the County of Oakland and the Charter Township of Orion, 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 Commissioners Minutes Continued. July 20, 2006 296 Copy of Amendment 1 Construction License and Lease Agreement, Exhibit A and Exhibit B on file in County Clerk’s office. (The vote for this motion appears on page 302.) *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. 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, and Attachments A, B, C, and D on file in County Clerk’s office. FISCAL NOTE (MISC. #06128) BY: Finance Committee, Chuck Moss, 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: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Michigan Renaissance Festival has requested the Oakland County Sheriff’s Department to supply Patrol Officers for the Law Enforcement Services for the upcoming 2006 season. 2. The Oakland County Sheriff’s Office contracted with the Michigan Renaissance Festival for the 2005 season by Miscellaneous Resolution #05141. 3. The rates charged in the agreement are consistent with Miscellaneous Resolution #03265 that established standard overtime rates for the period 2004-2008. 4. The contract will take effect on August 19, 2006. 5. The proposed agreement will result in $56,577 in revenue and expenditures for Fiscal Year 2006, an increase of $1,647 over Fiscal Year 2005. 6. A budget amendment for Fiscal Year 2006 is recommended as follows: FY 2006 GENERAL FUND #10100 Revenue 4030601-110000-631869 Reimbursement Salaries $1,647 Total General Fund Revenue $1,647 Expenditures 4030601-116190-712020 Overtime $1,647 Total General Fund Expenditures $1,647 FINANCE COMMITTEE Commissioners Minutes Continued. July 20, 2006 297 (The vote for this motion appears on page 302.) *REPORT (MISC. #06129) BY: Personnel Committee, Gregory C. Jamian, 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: The Personnel Committee having reviewed Miscellaneous Resolution #06129 on July 12, 2006 reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION #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 Clerks’s office. FISCAL NOTE (MISC. #06129) BY: Finance Committee, Chuck Moss, 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: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Paint Creek Trailways requested the Oakland County Sheriff’s Office provide Law Enforcement Patrol Services for the 2006 season. 2. The Oakland County Sheriff’s Office and Paint Creek Trailways proposed a contract for services involving the use of PTNE Mounted Deputies. Commissioners Minutes Continued. July 20, 2006 298 3. The rates charged in the agreement are consistent with Miscellaneous Resolution #03265 that established rates for the period 2004-2008. 4. The contract will take effect upon approval of the Board of Commissioners and the Commission Council. 5. The proposed agreement will result in $8,340 in revenue and expenditures for Fiscal Year 2006. 6. A budget amendment for Fiscal Year 2006 is recommended as follows: FY 2006 GENERAL FUND #10100 Revenue 4030601-110000-632093 Sheriff Special Deputies $8,340 Total General Fund Revenue $8,340 Expenditures 4030601-116181-702010 Salaries $7,652 4030601-116181-722740 Fringe Benefits $ 688 Total General Fund Expenditures $8,340 FINANCE COMMITTEE (The vote for this motion appears on page 302.) *REPORT (MISC. #06146) BY: Personnel Committee, Gregory C. Jamian, Chairperson IN RE: SHERIFF’S OFFICE – FISCAL YEAR 2006 BJA CONGRESSIONALLY MANDATED AWARDS – REGIMENTED INMATE DISCIPLINE PROGRAM (RIDP) – BOOT CAMP US DEPARTMENT OF JUSTICE – OFFICE OF JUSTICE PROGRAMS GRANT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee having reviewed the aforementioned resolution on July 12, 2006 reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION # 06146 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE – FISCAL YEAR 2006 BJA CONGRESSIONALLY MANDATED AWARDS – REGIMENTED INMATE DISCIPLINE PROGRAM (RIDP) - BOOT CAMP U.S. DEPARTMENT OF JUSTICE – OFFICE OF JUSTICE PROGRAMS GRANT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Sheriff’s Office applied to the U.S. Department of Justice through the Office of Justice Programs for $493,614 in grant funding to create an aftercare component to the existing Sheriff’s Regimented Inmate Discipline Program (RIDP)- Boot Camp for the period June 1, 2006 through May 31, 2008; and WHEREAS the award will allow enhancing the existing program with educational training and job skills enhancement and prisoner re-entry issues that will be tailored and administered on an individualized basis; and WHEREAS to support this project the grant provides funding for the creation of two(2)part-time non- eligible 1,000 Inmate Caseworker positions located in the Sheriff’s Office/Corrective Services Division/Inmate Program Services Unit; and WHEREAS no county match is required; and WHEREAS the acceptance of this grant does not obligate the County to any future commitment; and WHEREAS the continuation of the program and positions is contingent upon future levels of grant program funding; and WHEREAS the grant agreement has been reviewed and approved through the County Executive Contract Review Process. Commissioners Minutes Continued. July 20, 2006 299 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Fiscal Year 2006 BJA Congressionally Mandated Awards – Regimented Inmate Discipline Program (RIDP) - Boot Camp US Department of Justice – Office of Justice Programs grant in the amount of $493,614 for the period of June 1, 2006 through May 31, 2008. BE IT FURTHER RESOLVED that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute the grant agreement and to approve any extensions or changes, within fifteen percent (15%) of the original award, which is consistent with the original agreement as approved. BE IT FURTHER RESOLVED that two (2) Special Revenue 1,000 hrs. /yr. part-time non-eligible Inmate Caseworker positions be created in the Sheriff’s Department/Corrective Services-Detention Facilities Division/Inmate Program Services Unit. BE IT FURTHER RESOLVED that one (1) 28/30 passenger school bus be added to the County fleet. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment. BE IT FURTHER RESOLVED that future level of service, including the continuation of the positions associated with this program is contingent upon continuation of future levels of grant funding. Chairperson, on behalf of the Public Services Committee, I move adoption of the forgoing resolution. PUBLIC SERVICES COMMITTEE Copy of Grant Review Sign Off – Sheriff’s Office, Grant Review Form, letters from Regina B. Schofield, Assistant Attorney General, Michael L. Alston, Director Department of Justice, Marcia Paull, Acting Comptroller Department of Justice, Bureau of Justice Assistance Grant, memo to Official Grant file in regards to categorical exclusion for Oakland County, and Grant Manager’s memorandum, PT. I: Project Summary Grant on file in County Clerk’s office. FISCAL NOTE (MISC. #06146) BY: Finance Committee, Chuck Moss, Chairperson IN RE: SHERIFF’S OFFICE – FISCAL YEAR 2006 BJA CONGRESSIONALLY MANDATED AWARDS – REGIMENTED INMATE DISCIPLINE PROGRAM (RIDP) – BOOT CAMP US DEPARTMENT OF JUSTICE – OFFICE OF JUSTICE PROGRAMS GRANT 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 grant funding in the amount of $493,614. 2. The grant funding period is June 1, 2006 through May 31, 2008. 3. No County match is required. 4. The resolution creates two (2) special revenue PTNE Inmate Caseworker positions in the Corrective Services Division at a cost of $107,195. 5. The resolution adds one (1) 28/30 passenger school bus to the County fleet at a cost of $65,166. 6. The County will be utilizing the Oakland Intermediate School District for training, laptops and software in the amount of $316,648. 7. An amendment to the Fiscal Year 2006 Budget is recommended as follows: GRANT FUND #27348 FY 2006 Revenue 4030401-113360-610313 Grants-Federal $493,614 Total Grant Fund Revenue $493,614 Commissioners Minutes Continued. July 20, 2006 300 GRANT FUND #27348 Expenditures 4030401-113360-702010 Salaries $ 98,344 4030401-113360-722740 Fringe Benefits $ 8,851 4030401-113360-750399 Office Supplies $ 4,605 4030401-113360-731458 Professional Services $316,648 4030401-113360-760188 Vehicles $ 65,166 Total Grant Fund Expenditures $493,614 FINANCE COMMITTEE (The vote for this motion appears on page 302.) *MISCELLANEOUS RESOLUTION #06147 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE – CALENDAR YEAR 2006 MARINE SAFETY PROGRAM GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Sheriff’s Office applied to the Michigan Department of Natural Resources for $902,878 in grant funding from Public Act 451 to conduct Marine Safety activities for the period January 1, 2006 through December 31, 2006; and WHEREAS the Michigan Department of Natural Resources awarded Oakland County with a grant in the amount of $260,100 ($230,000 in state funds and 30,100 in federal funds), which is a $25,100 increase compared to the Calendar Year 2005 award; and WHEREAS a 25 percent (25%) County match is required from funds available within the Sheriff’s Department Budget; and WHEREAS no additional positions are requested; and WHEREAS the acceptance of this grant does not obligate the County to any future commitment; and WHEREAS the continuation of the program is contingent upon future levels of reimbursement program funding. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the Calendar Year 2006 Marine Safety Grant award from the Michigan Department of Natural Resources in the amount of $260,100 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 adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Grant Review Sign Off – Sheriff’s Office and 2006 Marine Safety Program (Federal and State Funding) Grant Agreement on file in County Clerk’s office. FISCAL NOTE (MISC. #06147) BY: Finance Committee, Chuck Moss, Chairperson IN RE: SHERIFF’S OFFICE – CALENDAR YEAR 2006 MARINE SAFETY PROGRAM GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Michigan Department of Natural Resources (MDNR) awarded the Sheriff’s Office $260,100 ($230,000 in State funds and $30,100 in Federal funds) for Marine Safety activities. 2. The Fiscal Year 2006 budget anticipated $200,000 in State grant funding and $0 in Federal grant funding. An amendment for the additional $30,000 in State funding and $30,100 in Federal funding is recommended. 3. The grant period is January 1, 2006 through December 31, 2006. Commissioners Minutes Continued. July 20, 2006 301 4. A twenty-five percent (25%) County match is required, and the State recognizes county marine safety costs as grant match, which are currently budgeted in the Sheriff’s Department budget. 5. No additional positions are required. 6. A budget amendment to the Fiscal Year 2006 Budget is recommended as follows: GENERAL FUND #10100 FY 2006 Revenue 4030601-116200-626619 Marine Safety $30,000 4030601-116200-610313 Grants Federal $30,100 Total General Fund Revenue $60,100 Expenditures 9090101-196030-730359 Contingency $60,100 Total General Fund Expenditures $60,100 FINANCE COMMITTEE (The vote for this motion appears on page 302.) *MISCELLANEOUS RESOLUTION #06148 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: DEPARTMENT OF PUBLIC SERVICES/COMMUNITY CORRECTIONS – MICHIGAN DEPARTMENT OF CORRECTIONS, OFFICE OF COMMUNITY CORRECTIONS, COMMUNITY CORRECTIONS COMPREHENSIVE PLAN AND APPLICATION FOR FISCAL YEAR 2007 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan offers funding to local communities under Public Act 511; and WHEREAS this funding is targeted to divert non-violent offenders from prison into local jail or sentencing alternatives; and WHEREAS Oakland County has been receiving Community Corrections funds since 1994; and WHEREAS the application has been completed and is requesting funding in the amount of $3,860,297 for plans and services and probation residential services; and WHEREAS the grant application seeks full-time funding for positions 7424, 7425, 7426, 7427, 7428, 7429, 7430, 7431, 7432, 7433, 7434, 9003, 9243, 9247, 9291, 9295, 9648, 9649; .5 of full-time positions 7834 and 9396; and PTNE position 9292 within the Community Corrections Division; and WHEREAS the grant application seeks full-time funding for positions 7419, 7420, 7418, 7421, 10393, and PTNE funding for positions 7417 and 9397 within the Sheriff’s Department; and WHEREAS any programs created through these funds become part of the County’s Comprehensive Community Corrections Plan; and WHEREAS Public Act 511 of 1988 requires that the “County Board or Boards of Commissioners of the County shall approve the proposed comprehensive plan prepared by their advisory board.” NOW THEREFORE BE IT RESOLVED that the application to request $3,860,297 from the State Office of Community Corrections for the purpose of continuing programs contained within the Office of Community Corrections Fiscal Year 2007 grant application for offenders who meet Public Act 511 eligibility is hereby approved. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves the proposed comprehensive plan prepared by the Community Corrections Advisory Board. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Grant Review Sign Off – Community Corrections, and Grant Contract Review Form on file in County Clerk’s office. Commissioners Minutes Continued. July 20, 2006 302 FISCAL NOTE (MISC. #06148) BY: Finance Committee, Chuck Moss, Chairperson IN RE: DEPARTMENT OF PUBLIC SERVICES/COMMUNITY CORRECTIONS – MICHIGAN DEPARTMENT OF CORRECTIONS, OFFICE OF COMMUNITY CORRECTIONS, COMMUNITY CORRECTIONS COMPREHENSIVE PLAN AND APPLICATION FOR FISCAL YEAR 2007 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 date of notification was June 9, 2006. The application was due May 31, 2006. The application is 5% greater than the current award. See the attached Schedule A. 2. This is the thirteenth (13) year of the grant application with Michigan Department of Corrections, Office of Community Corrections. 3. The grant period is October 1, 2006 through September 30, 2007. 4. The application requests funding in the amount of $3,860,297 which is 5% greater than the current award. Funding sources are as follows: State funds $3,860,297 and no required County match as detailed in the attached Schedule A. Grant expenditures above the grant application amount are estimated at $210,000 and have been included in the Fiscal Year 2007 and Fiscal Year 2008 County Executive Recommended Budget process in the Non-Departmental Grant Match line item budget. 5. Application seeks full time funding for positions 7424, 7425, 7426, 7427, 7428, 7429, 7430, 7431, 7432, 7433, 7434, 9003, 9243, 9247, 9291, 9295, 9648, 9649; .5 of full time positions 7834 and 9396; and PTNE position 9292 within the Community Corrections Division. 6. The application also seeks full time funding for positions 7419, 7420, 7418, 7421, 10393, and PTNE funding for positions 7417 and 9397 within the Sheriff’s Department. 7. Application and acceptance of this grant does not obligate the County to any future commitment. Continuation of the grant is contingent upon future levels of grant funding. FINANCE COMMITTEE Copy of Community Corrections/Sheriff’s Office Fiscal Year 2007 Community Corrections Comprehensive Plan Grant Application, and Attachments A and B on file in County Clerk’s office. Vote on resolutions on the Consent Agenda: AYES: Coleman, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, 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 (with accompanying reports being accepted). MISCELLANEOUS RESOLUTION #06149 BY: Finance Committee, Chuck Moss, Chairperson IN RE: FACILITIES MANAGEMENT/FACILITIES ENGINEERING - JAIL RENOVATION AND VISITATION ADDITION PROJECT – ARCHITECT/ENGINEER AND CONSTRUCTION MANAGEMENT PROFESSIONAL SERVICES CONTRACTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Fiscal Year 2006 Capital Improvement Program identifies the Jail Renovation and Visitation Addition Project; and WHEREAS the project consists of renovation of portions of the Law Enforcement Complex, including primarily first floor areas previously used by the Sheriff’s Administration, Detective Bureau and Patrol Services, as well as renovation and addition to the kitchen receiving area, public visitation areas, Commissioners Minutes Continued. July 20, 2006 303 replacement of the jail fire alarm system, master control system, basement driveway ramps and underlying snow-melt system; and WHEREAS on January 24, 2006 the Planning and Building Committee authorized issuance of Requests for Proposal for both architect/engineering and construction management professional services; and WHEREAS following evaluation of respondents’ proposals, recommendations were made to the Planning and Building Committee on June 6, 2006 to retain Harrison/Landmark as the project architect/engineer and George W. Auch Company as the project construction manager; and WHEREAS Facilities Engineering and Corporation Counsel have negotiated contracts with both Harrison/Landmark and George W. Auch Company for this project; and WHEREAS the recommended contract with Harrison/Landmark is in the amount of $188,195 for basic architectural/engineering services plus $3,000 for reimbursable expenses, totaling $191,195; and WHEREAS the recommended contract with George W. Auch Company is in the amount of $428,420 for pre-construction and construction management services; and WHEREAS after establishment of the project design scope by the architect/engineer, the project cost estimate will be prepared by the construction manager and Facilities Engineering will request Board authorization to establish the project budget and project funding; and WHEREAS it is expected the preliminary cost estimate will be increased after the project design is completed, due in part to inclusion of items initially identified as separate Capital Improvement Program projects; and WHEREAS it is anticipated funding will be provided from balances of previously bonded projects and will require approval by the Board of Commissioners; and WHEREAS in the interim, funding in the amount $800,000 from the Capital Improvement Program/Building Improvement Fund is required to enable architect/engineering and construction manager services to proceed and to enable selective demolition of interior project areas in the Jail; and WHEREAS funding for the $800,000 advance is available in the Fiscal Year 2006 Capital Improvement Program/Building Improvement Fund (#40100) for transfer to the Project Work Order Fund (#40400) for the Jail Renovation and Visitation Addition Project (Project #100000000908-ADM). NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes an award of contract for architectural/engineering services for the Jail Renovation and Visitation Addition Project to Landmark Design Group of Grand Rapids, Michigan in the amount of $191,195. BE IT FURTHER RESOLVED that the Board of Commissioners authorizes an award of contract for construction management services for the Jail Renovation and Visitation Addition Project to George W. Auch Company of Pontiac, Michigan in the amount of $428,420. BE IT FURTHER RESOLVED that final approval of the contracts is contingent upon receipt of acceptable insurance policies. BE IT FURTHER RESOLVED that the Board of Commissioners authorizes an advance of funding in the amount of $800,000 from the Capital Improvement Program/Building Fund (#40100) to the Project Work Order Fund (#40400) for the Jail Renovation & Visitation Addition Project. BE IT FURTHER RESOLVED that it is anticipated the Capital Improvement Program/Building Fund (#40100) will be reimbursed the $800,000 from previously bonded projects following future Board of Commissioners’ approval. BE IT FURTHER RESOLVED that an inter-fund advance be established as follows: BUILDING IMPROVEMENT FUND #40100 1040101-989999-152900-40400 Advance Receivable ($800,000) PROJECT WORK ORDER FUND #40400 1040101-989999-277500-40100 Advance Payable 800,000 $ -0- Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Commissioners Minutes Continued. July 20, 2006 304 REPORT (MISC. #06149) BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: FACILITIES MANAGEMENT/FACILITIES ENGINEERING – JAIL RENOVATION AND VISITATION ADDITION PROJECT – ARCHITECT/ENGINEER AND CONSTRUCTION MANAGEMENT PROFESSIONAL SERVICES CONTRACTS To The Oakland County Finance Committee Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the contract agreements for architect/engineer services and construction management services for the above referenced project on July 11, 2006, reports with the recommendation that the contracts be awarded to: 1. Landmark Design Group of Grand Rapids, Michigan for architect/engineering services in the amount of $188,195 plus estimated reimbursable costs at $3,000 for a total of $191,195. 2. George W. Auch Co. of Pontiac, Michigan for construction management services in the amount of $428,420 including reimbursables. In addition, the Planning and Building Committee recommends seed funding this project in the amount of $800,000 from balances in the Capital Improvement Program. Additionally final approval of the contracts should be contingent upon receipt of acceptable insurance polices. Chairperson, on behalf of the Planning and Building Committee, I submit the foregoing report. PLANNING AND BUILDING COMMITTEE Moved by Moss supported by Gregory the resolution be adopted. Moved by Moss supported by Gregory the Planning and Building Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Vote on resolution: AYES: Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard, Coleman. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. MISCELLANEOUS RESOLUTION #06150 BY: Finance Committee, Chuck Moss, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET - FISCAL YEAR 2006 SECOND QUARTER FINANCIAL FORECAST AND BUDGET AMENDMENTS To The Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Public Act 621 of 1978, the Uniform Budgeting and Accounting Act for Local Units of Government, provides for adjustments to the adopted budget; and WHEREAS in accordance with Oakland County General Appropriations Act Section 22, which authorizes budget amendments for variances between the budgeted revenue and actual revenue, and Section 23, which authorizes budget amendments for variance between estimated revenue and projected expenditures, amendments are required; and WHEREAS the Fiscal Year (FY) 2006 Second Quarter Financial Forecast Report has identified several variances and budget amendments are recommended; and WHEREAS an amendment is recommended for the 52/4 District Court – Troy to reappropriate $50,000 in revenue from Filing Fees DCU to Drug Treatment Court Fees to account for the local portion of filing fees collected on civil cases per Public Act 151 of 2005; and WHEREAS the Prosecuting Attorney is requesting a budget amendment to reallocate $1,500 between various divisions to better reflect the actual Clothing Allowance expenses incurred; and Commissioners Minutes Continued. July 20, 2006 305 WHEREAS an accounting correction is recommended to the Prosecuting Attorney and Sheriff’s Office budgets to reappropriate a total of $1,097,634 from the Grant Match line items in each department’s budget to the Transfer Out line-items (Prosecuting Attorney - $922,338; Sheriff - $175,296) to cover grant related expenses; and WHEREAS a budget amendment is recommended to reappropriate $10,000 in the Sheriff’s revenue budget from Mileage to Photostats to record reimbursements from tax sale due to accounting change; and WHEREAS the Sheriff’s Department is requesting a budget amendment to reallocate $327,868 between various line-items to better reflect the actual location of expenses incurred; and WHEREAS an amendment is recommended to the Sheriff’s Department to transfer $501,104 from the Sheriff’s Prisoner Housing – Out County line-item to the Jail Population Management Fund (#21130) as part of the 2nd Quarter Transfer to cover expenses related to tracking cost of jail overcrowding and expansion; and WHEREAS the Clerk’s Office is requesting a budget amendment to reallocate $400 from Library Continuations to Personal Mileage due to anticipated unfavorability in Personal Mileage; and WHEREAS the County Executive Administration is requesting a budget amendment to reallocate $1,700 from favorability in Special Projects to cover cost for contracted services for alarm monitoring services; and WHEREAS an $8,000 amendment is recommended transferring professional services funds from the Fiscal Services Division to the County Executive Administration Division to properly record the expenditures; and WHEREAS a budget amendment is recommended to Emergency Response and Preparedness budget in the amount of $46,294 to correct classification of EOC Equipment expense; and WHEREAS a budget amendment is recommended to Human Resources to reappropriate $55,378.62 for IT Development to correctly reflect location of actual expense; and WHEREAS a budget amendment is recommended to Health and Human Services – Administration to correct allocation of $6,250 carry forward for Indigent Hospitalization; and WHEREAS a budget amendment is recommended to MSU Extension to reallocate $500 for Office Supplies and $746 for Other Expendable Equipment to reflect actual location of expenses; and WHEREAS a budget amendment is requested for the Medical Examiner’s Division budget due to increased expenses for laboratory fees as a result of an increase for in-house testing, which is offset with the additional revenue realized due to an increase in the number of autopsies performed; and WHEREAS an amendment is requested to transfer $750,000 from the Delinquent Tax Revolving Fund (DTRF) to the General Fund Non-Departmental Road Commission Tri-Party to cover the Tri-Party Agreement; and WHEREAS a budget amendment is recommended to the Child Care Fund (#20293)to recognize additional revenue in the amount of $780,000 anticipated from the State for partial reimbursement of expenses, which will offset additional expenses incurred in Indirect Costs ($180,000)and Private Institutions Residential ($600,000); and WHEREAS budget amendments are recommended in divisions which are reflecting projected unfavorability and sufficient funding is anticipated in the Non-Departmental Income from Investments to offset the variances as follows: - Circuit Court - $25,000 due to an increase in charges related to Adult Treatment Court for transitional housing. - Probate Court - $60,000 for Trial Court System (TCS) fee and license agreement expense from the State of Michigan. - Clerk – Administration - $4,000 and Clerk – Elections - $4,600 for Convenience Copier as usage greater than budgeted. - Auditing Division - $10,000 – to cover expense for register enhancements and automated monitoring of the County’s electronic registers. - PEDS - $20,000 – to produce additional Oakland County Street Maps for Board of Commissioners; and - Non – Departmental – $2,654,651 transfer to Medical Care Facility (omitted from First Quarter Forecast) Commissioners Minutes Continued. July 20, 2006 306 WHEREAS the Circuit Court applied for a Discretionary Grant in the amount of $120,000, and a budget appropriation under Fund #27195 was established at the time of application and the grant was denied, and an amendment is necessary to reverse the budget allocation for this grant; and WHEREAS the Drain Commissioner is requesting a budget amendment in the amount of $218,779 to the Drain Equipment Fund (#63900) account for an increase in the actual cost of one budgeted vehicle and the replacement of 8 owned vehicles with 8 leased vehicles; and WHEREAS a budget amendment is requested to the CLEMIS Fund (#53500) in the amount of $5,000 to appropriate funds for CLEMIS vehicle replacement of a van; and WHEREAS a budget amendment is recommended to the Motor Pool Fund (#66100) to reflect the transfer of funds and operating expense for leased vehicles for the Drain Equipment Fund ($218,779) and the CLEMIS Fund ($5,000); and WHEREAS a budget amendment is recommended to transfer $100,748 from available Health Bioterrorism Funds to the Project Work Order Fund - Facility Security Project to cover the facility security improvements at the Southfield Health and Oakland Pointe West facilities; and WHEREAS an amendment is recommended to the Information Technology Fund to authorize use of Proprietary Fund Equity totaling $1,819,077 for the following: - To continue implementation of various projects previously approved (i.e., PeopleSoft Phase II, BS&A Receivable Migration, GIS Enhancements, ERP Enhancements and Central Services Technology Upgrade)– $369,832. - To continue implementation of the Community Crimewatch project per Miscellaneous Resolution #04335 - $412,494. - For capital equipment per Miscellaneous Resolution #04246 for software and hardware needs of the implementation process of the IT Service Center - $506,300. - For Data Warehouse enhancements per Miscellaneous Resolution #97136 for consulting services to review performance, recoverability and growth of the data warehouse infrastructure - $50,000. - For professional services related to resources for the PeopleSoft Phase II, BS&A and eHealth project; costs are offset by revenue billable to the projects - $218,581. - For equipment replacement purchases completed after Fiscal Year 2005 appropriation per Miscellaneous Resolution #05107 - $261,870; and WHEREAS a budget amendment is recommended for the Friend of the Court Fund to recognize amended Fiscal Year 2006 Cooperative Reimbursement Program (CRP) Grant Award for revenue and expense appropriations as approved by the State of Michigan; and WHEREAS the Animal Control Division requests a well be dug to provide back-up water supply for Trusty Camp, Animal Control, and citizen use at an estimated cost of $15,000, for which funds are available in the General Fund Designated Fund Balance for Security Enhancements (GL Account #371484); and WHEREAS a budget amendment is recommended in the Public Services Animal Control division, as a result of increased Professional Services due to more in-house animal sterilizations and funds, which are available the Animal Control Legacy Restricted Fund, will be transferred into the General fund to offset the increased expenses; and WHEREAS the Human Resources Department continues to experience a high volume of requests for legal services associated with the Sheriff deputy contract negotiations and information requests requiring legal consultation, and a budget amendment is recommended to appropriate $70,000 from the General Fund Designated Fund Balance for HR Legal Services (GL Account #371450); and WHEREAS an amendment is recommended to appropriate funding in the amount of $1 million, which was designated for Building and Liability Fund reserves (GL Account #371360) per Miscellaneous Resolution #05281; and WHEREAS an amendment in the amount of $40,613 is requested to the Information Technology Fund from the Major Departmental Project Fund (#42000) to cover costs incurred for technical resources committed to support PeopleSoft and Outlooksoft environment for the period of January through March 31, 2006; and WHEREAS an amendment is recommended to appropriate funds from the General Fund Designated Fund Balance for Future Technology Replacement (GL Account #371448), in the amount of $730,000, for workstation replacements necessary for the XP upgrades to ensure functionality for operations; and Commissioners Minutes Continued. July 20, 2006 307 WHEREAS Section 25 of the General Appropriations Act requires that the Board of Commissioners receive a quarterly report regarding adjustments made to Inmate Accounts on transactions billed in excess of ability to pay; and WHEREAS adjustments made to the Inmate Accounts for Fiscal Year 2006 during the period of January through March total $548,917. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners accepts the Fiscal Year 2006 Second Quarter Financial Report. BE IT FURTHER RESOLVED that the budget amendments detailed on the attached Schedule A and B are approved. BE IT FURTHER RESOLVED that $15,000 from the Security Enhancements Designated Fund Balance account be appropriated as follows: GENERAL FUND (#10100) Revenue 9010101-196030-665882 Planned Use of Fund Balance $ 15,000 Expenditure 9010101-989999-788001-40400 Transfer to Project Work Order Fund $ 15,000 Total General Fund $ -0- PROJECT WORK ORDER FUND (#40400) Revenue 1040101-989999-695500-10100 Transfer In from General Fund $ 15,000 Change in Fund Equity $ 15,000 BE IT FURTHER RESOLVED that $70,000 from the HR Legal Services Designated Fund Balance account be appropriated as follows: GENERAL FUND (#10100) Revenue 9010101-196030-665882 Planned Use of Fund Balance $ 70,000 Expenditure 1050102-183010-731073 HR-Labor Rel/EEO – Legal Services $ 70,000 Total General Fund $ -0- BE IT FURTHER RESOLVED that $1,000,000 from the Building and Liability Insurance Fund Designated Fund Balance account be appropriated as follows: GENERAL FUND (#10100) Revenue 9010101-196030-665882 Planned Use of Fund Balance $1,000,000 Expenditure 9010101-989999-788001-67700 Transfer to Liability Fund $1,000,000 Total General Fund $ -0- BUILDING AND LIABILITY FUND (#67700) Revenue 9010101-989999-695500-10100 Transfer from General Fund $1,000,000 Expenditure 9015505-182210-730289 Claims $1,000,000 Total Bldg & Liab. Fund $ -0- BE IT FURTHER RESOLVED that $16,988 from the Major Departmental Project Fund be appropriated to the Information Technology Fund as follows: MAJOR DEPARTMENTAL PROJECT FUND (#42000) Revenue 9090101-152130-665882 Planned Use of Fund Balance $ 16,988 Expenditure 9090101-989999-788001-63600 Transfer to Info Tech Fund $ 16,988 Total Major Dept’l Proj Fund $ -0- INFORMATION TECHNOLOGY FUND (#63600) Revenue 1080101-989999-695500-42000 Transfer from Major Dept Proj Fund $ 16,988 Expenditure 1080601-152010-731458 Professional Services $ 16,988 Commissioners Minutes Continued. July 20, 2006 308 Total Info Tech Fund $ -0- BE IT FURTHER RESOLVED that $730,000 be appropriated from the Future Technology Replacement Designated Fund Balance account to Information Technology Fund as follows: GENERAL FUND (#10100) Revenue 9090101-152130-665882 Planned Use of Fund Balance $730,000 Expenditure 9090101-989999-788001-63600 Transfer to Info Tech Fund $730,000 Total General Fund $ -0- INFORMATION TECHNOLOGY FUND (#63600) Revenue 1080101-989999-695500-10100 Transfer from General Fund $730,000 Expenditure 1080601-152010-750154 Expendable Equipment Expense $730,000 Total Info Tech Fund $ -0- Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Letter of Transmittal – Fiscal Year 2006 Second Quarter Forecast Report, Schedules A and B, memo from Joyce Raczka, Reimbursement, Fiscal Year 2006 Budget Amendments, and Fiscal Year 2006 Second Quarter Report General Fund/General Purpose Revenue and Expenditures Summary by Department on file in County Clerk’s office. Moved by Moss supported by Zack the resolution be adopted. Moved by Woodward supported by Hatchett the resolution be amended to add the following BE IT FURTHER RESOLVED to read as follows: BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners instructs the Health Division and all relevant County administration personnel to end all efforts to privatize the Medical Care Facility and report back in writing to the Oakland County Board of Commissioners the following information within the next 60 days: 1. As a result of the $2,654,651 deficit experienced in the First and Second Quarter of Fiscal Year 2006, what steps are being taken to increase the number of patients at the Medical Care Facility to reduce or eliminate any future projected deficit for the Third and Fourth Quarter of Fiscal Year 2006? 2. A financial report detailing revenues and expenditures for the last twelve years for the Medical Care Facility operations. Discussion followed. Vote on amendment: AYES: Gershenson, Gregory, Hatchett, Melton, Nash, Suarez, Woodward, Zack, Coleman, Coulter. (10) NAYS: Crawford, Douglas, Jamian, Kowall, Long, Middleton, Molnar, Moss, Palmer, Potter, Rogers, Scott, Wilson, Bullard. (14) A sufficient majority not having voted in favor, the amendment failed. Vote on resolution: AYES: Douglas, Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard, Coleman, Coulter, Crawford. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. Commissioners Minutes Continued. July 20, 2006 309 REPORT BY: General Government Committee, William R. Patterson, Chairperson IN RE: BOARD OF COMMISSIONERS – APPOINTMENT TO THE LIBRARY BOARD To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the expiring appointment of Robert Gaylor, and the applications received, recommends the filling of the seat by reappointing Robert Gaylor to the Library Board for a five-year term expiring August 24, 2011. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing report. GENERAL GOVERNMENT COMMITTEE Copy of Application Form for Appointment to Boards, Committees and Commissions and letter from Steven N. Andrews, Chairman of Oakland County Library Board on file in County Clerk’s office. Moved by Long supported by Scott the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Long supported by Scott the reappointment of Robert Gaylor to the Library Board for a five year term expiring August 24, 2011 be confirmed. The Chairperson asked if there were any other nominations. There were none. Vote on appointment: AYES: Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard, Coleman, Coulter, Crawford, Douglas. (24) NAYS: None. (0) A sufficient majority having voted in favor, the appointment of Robert Gaylor to the Library Board for a five year term expiring August 24, 2011 was confirmed. REPORT BY: General Government Committee, William R. Patterson, Chairperson IN RE: BOARD OF COMMISSIONERS – APPOINTMENTS TO THE FRIEND OF THE COURT CITIZEN ADVISORY COMMITTEE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the vacancy on the Friend of the Court Citizen Advisory Committee, due to the resignation of Fred Lebowitz, and the upcoming expiring appointment, recommends the filling of the seats, as follows: FRIEND OF THE COURT CITIZEN ADVISORY COMMITTEE (Three-year term ending June 30, 2008) Katrina McGuire, General Public FRIEND OF THE COURT CITIZEN ADVISORY COMMITTEE (Three-year term ending June 30, 2009) Patricia Armstrong, Ph.D., Mental Health Professional who Provides Family Counseling Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Copy of Applications for Appointment to Oakland County Friend of the Court-Citizens Advisory Committee on file in County Clerk’s office. Commissioners Minutes Continued. July 20, 2006 310 Moved by Long supported by Potter the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Discussion followed. Moved by Long supported by Potter the appointments of Katrina McGuire, General Public and Patricia Armstrong, Ph.D., Mental Health Professional to the Friend of the Court Citizen Advisory Committee for three year terms ending June 30, 2008 be confirmed. The Chairperson asked if there were any other nominations. There were none. Vote on appointment: AYES: Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard, Coleman, Coulter, Crawford, Douglas, Gershenson. (24) NAYS: None. (0) A sufficient majority having voted in favor, the appointment of Katrina McGuire, General Public and Patricia Armstrong, Ph.D., Mental Health Processional to the Friend of the Court Citizen Advisory Committee for three year terms ending June 30, 2008 were confirmed. MISCELLANEOUS RESOLUTION #06151 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: OAKLAND COUNTY DEPARTMENTS OF AVIATION AND FACILITIES MANAGEMENT – RECOMMENDATION TO GRANT DEED RESTRICTION AMENDMENT; TAX PARCEL NOS. 13-16- 101-016 AND 13-16-101-043, WATERFORD TOWNSHIP To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution No. 03088 of May 8, 2003 the County of Oakland conveyed via quit claim deed parcel numbers 13-16-101-016 and 13-16-101-043 to the Charter Township of Waterford; and WHEREAS due to the proximity of the property to the Oakland County International Airport certain deed restrictions were placed on the deed; and WHEREAS the Charter Township of Waterford has requested that the deed restrictions be amended as to define building height at 18-ft. and property use so that the Township may proceed to sell the property; and WHEREAS the Oakland County Airport Committee recommends granting the requested deed restriction amendments in return for the Township granting an avigation easement over the property; and WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached Deed Restriction Amendment and Avigation Easement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes and approves the granting of the attached Deed Restriction Amendment and Avigation Easement to the Charter Townships of Waterford 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 Deed Restriction Amendment and Avigation Easement. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Deed Restriction Amendment and Avigation Easement on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. Commissioners Minutes Continued. July 20, 2006 311 MISCELLANEOUS RESOLUTION #06152 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: CIRCUIT COURT – USE OF MEDIATION FUNDS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS by Miscellaneous Resolution #90177, the Board of Commissioners established the Circuit Court Civil Mediation Fund; and WHEREAS the fund is to be used to help pay for Circuit Court enhancements and improvements as requested by the Circuit Court and approved by the Board of Commissioners; and WHEREAS the Court seeks to utilize the Mediation Fund for the following purposes: DESCRIPTION COST Furniture Courtroom (jury box chairs, counsel chairs, $ 53,000 Courtroom chairs, counsel tables) Jury Room (table, jury room chairs) 7,000 Office (task chairs, office chairs, desks & 38,100 Overheads, landscape furniture) Equipment (audio/video/DVD equipment) 9,000 Administration (file cabinets, work stations, 14,900 and chairs) Oakland County Bar Association (offset 8,000 Mediation administrative expenses) TOTAL MEDIATION FUND REQUEST $130,000; and WHEREAS the total Civil Mediation Fund transfer for the above-referenced items is $130,000. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the use of $130,000 from the Circuit Court Civil Mediation Fund for the above-referenced items. 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 #06153 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF’S OFFICE – CONTRACT FOR SERVICES BETWEEN THE COUNTY OF WAYNE AND THE COUNTY OF OAKLAND FOR WARRANT ENFORCEMENT PAROLE ABSCONDERS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Wayne County Sheriff has requested that the Oakland County Sheriff participate in a Parole Absconder Unit; and WHEREAS the Sheriff has agreed to participate in said unit; and WHEREAS the Sheriff is requesting one (1) Deputy II and a vehicle to adequately perform these duties; and WHEREAS Wayne County has agreed to fund up to $6,250 a month towards this effort for at least 14 months; and WHEREAS the Sheriff has agreed to fund the remaining portion from the Sheriff’s Office Law Enforcement Enhancement Account; and WHEREAS Section 333.7524 of Public Act 368 of 1978 authorizes courts to distribute property and funds forfeited through narcotic seizures to participating agencies to be utilized toward the enhancement of law enforcement efforts related to the Controlled Substances Act; and WHEREAS the courts have distributed $327,901.66 to the Sheriff’s Office Law Enforcement Enhancement Account (balance as of 6/30/06) as a result of Sheriff Department forfeiture efforts; and WHEREAS the Sheriff is requesting that a portion of these funds be used to continue to fund this position until September 30, 2007; and WHEREAS the estimated costs are $133,798 for the period of July 29, 2006 through September 30, 2007. Commissioners Minutes Continued. July 20, 2006 312 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the use of the Sheriff’s Office Law Enforcement Enhancement Account (#10100-4030101-222430) to fund one (1) Deputy II and authorize the Chairperson of the Board to sign the attached contract for the period of July 29, 2006 through September 30, 2007. BE IT FURTHER RESOLVED that one (1) Deputy II position be created in the Sheriff’s Technical Services Division/Special Teams Unit. BE IT FURTHER RESOLVED that one (1) unmarked vehicle with mobile radio and prep be added to the County fleet. BE IT FURTHER RESOLVED that future level of service, including personnel be contingent upon the level of funding associated with this contract. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Contract for Services between County of Wayne and the County of Oakland 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 #06154 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE - USE OF FORFEITED FUNDS FOR EQUIPMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Section 333.7524 of Public Act 368 of 1978 authorizes courts to distribute property and funds forfeited through narcotic seizures to participating agencies to be utilized toward the enhancement of law enforcement efforts related to the Controlled Substances Act; and WHEREAS the courts have distributed $327,901.66 (balance as of 6/30/06) as a result of Sheriff's Office forfeiture efforts; and WHEREAS the Sheriff is requesting that a portion of these funds be used to pay for equipment; and WHEREAS this equipment will be used by the Sheriff's Office to enhance law enforcement efforts in compliance with state law; and WHEREAS the estimated expenses are $96,000. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the use of $96,000 from the Sheriff’s Office Law Enforcement Enhancement Account (#10100-4030101- 222430) to purchase the attached equipment. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Sheriff’s Office Use of Forfeited Funds 7/1/06 on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #06071 BY: Commissioners Helaine Zack, District #22 and David Woodward, District #18 IN RE: BOARD OF COMMISSIONERS - AFFIRM SUPPORT FOR AFFIRMATIVE ACTION POLICIES IN OAKLAND COUNTY AND MICHIGAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS taking action to end discrimination is the challenge and responsibility of every single person in our society, as well as of the institutions and organizations which have such a large impact on our lives; and WHEREAS it is important that our democratic institutions mirror the populations they serve, and that discrimination be ended; and Commissioners Minutes Continued. July 20, 2006 313 WHEREAS affirmative action programs, including recruitment, outreach, and training initiatives offered to qualified women and minorities remedy past discrimination, fight present day disparities, and promote diversity in our society; and WHEREAS affirmative action policies have been effective in many areas of public life because they opened up opportunities for people who would not otherwise have them; and WHEREAS affirmative action is NOT a quota system, whereby a specific outcome is mandated, but rather a policy that advocates action for reaching a goal that eliminates inequities; and WHEREAS the Oakland County Board of Commissioners opposes discrimination and supports programs to advance equal opportunity; and WHEREAS the Oakland County Board of Commissioners passed Miscellaneous Resolution #9947 in 1980, and reaffirmed it by Miscellaneous Resolution #84119 in 1984 and #88080 in 1988, adopted an affirmative action policy committing the County to a goal of having in its workforce the number of females and minorities equal to the representation in the civilian labor market; and WHEREAS the current statement of Equal Opportunity and Affirmative Action Policy adopted by the Board of Commission binds all county officials, department heads and mangers, especially those with responsibility for selection, training, placement, and supervision of employees, to positively and affirmatively carry out all personal related actions in such a manner so as to bring about the above mentioned goal; and WHEREAS banning affirmative action in Michigan would mean an end to: 1. Outreach programs that encourage minorities and women to enter fields such as police, fire fighting, and engineering or attend college. 2. Programs to encourage women and minorities to stay in school and prepare for good- paying jobs in engineering, science, or even construction and law enforcement. 3. Programs to encourage men to become teachers or nurses, where they are underrepresented and needed to meet societal goals. 4. Affirmative action goals for hiring in state and local government. 5. Gender and minority based representation on boards and commissions, including advisory boards with corrections, education, and public health; and WHEREAS banning affirmative action in Michigan threatens to reverse the social progress we have gained so far through affirmative action, and will immediately end all local affirmative action policies in Oakland County that promote justice, diversity and equal opportunity; and WHEREAS banning affirmative action in Michigan will send a chilling message to the corporate world across America and the world, who through Automation alley and the Emerging Sectors Initiative we seek to locate here in Oakland County, Michigan. NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners hereby affirm our support for affirmative action policies that promote diversity and help remedy societal inequities. BE IT FUTHER RESOLVED that the Oakland County Board of Commissioners supports continuation of our county’s public-sector affirmative action program and opposes any effort that would ban affirmative action policies in Michigan and Oakland County. BE IT FURTHER RESOLVED that a copy of this resolution be distributed to all Oakland County media outlets, all Oakland County city’s, villages, and townships, the Michigan Association of Counties, and all elected officials that serve Oakland County. Chairperson, we move the adoption of the foregoing resolution. HELAINE ZACK, DAVID WOODWARD, VINCENT GREGORY, ERIC COLEMAN, MATTIE HATCHETT, GEORGE SUAREZ, JIM NASH, DAVID COULTER, MIKE ROGERS Action taken March 23, 2006: The Chairperson referred the resolution to the Personnel Committee. There were no objections. Action taken on July 20, 2006: Moved by Woodward supported by Zack 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. Commissioners Minutes Continued. July 20, 2006 314 Discussion followed. Commissioner Douglas called for a “point of order” on Miscellaneous Resolution #06071. Chairperson Bill Bullard Jr. responded. Discussion followed. Vote on discharge of Miscellaneous Resolution #06071 from committee: AYES: Hatchett, Melton, Nash, Rogers, Suarez, Woodward, Zack, Coleman, Coulter, Gershenson, Gregory. (11) NAYS: Jamian, Kowall, Long, Middleton, Molnar, Moss, Palmer, Potter, Scott, Wilson, Bullard, Crawford, Douglas. (13) A sufficient majority not having voted in favor, the motion to discharge from committee failed. Commissioner Coleman gave notice of intent to discharge Miscellaneous Resolution #06130 – BOARD OF COMMISSIONERS – OPPOSITION TO MICHIGAN CIVIL RIGHTS INITIATIVE from the Personnel Committee per Rule XIII-F on August 3, 2006. MISCELLANEOUS RESOLUTION #06155 BY: Commissioner Eric Coleman, District #23 IN RE: BOARD OF COMMISSIONERS - OAKLAND COUNTY CLEAN INDOOR AIR REGULATION ELIMINATING SMOKING IN PUBLIC AND PRIVATE WORKSITES AND PUBLIC PLACES, NOT INCLUDING BARS AND RESTAURANTS IN OAKLAND COUNTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS tobacco accounts for one in five cancer deaths, or 1.4 million deaths a year. When tobacco- related cardiovascular and pulmonary diseases are included, the yearly toll rises to nearly 5 million and is expected to increase; and WHEREAS the U.S. Surgeon General Richard Carmona has stated, “Second hand smoking is not a mere annoyance. It’s a premature death hazard. Smoke-free environments are the only approach that effectively protects nonsmokers from the dangers of secondhand smoke;” and WHEREAS the U.S. Environmental Protection Agency (EPA) finds that environmental tobacco smoke is a Group A Carcinogen - a category reserved for known cancer-causing agents in humans; and WHEREAS numerous studies have found that tobacco smoke is a major contributor to indoor air pollution, and that breathing secondhand smoke is a cause of disease in healthy nonsmokers, including heart disease, stroke, respiratory disease and lung cancer; and WHEREAS the National Institute for Occupational Safety and Health (NIOSH) finds that secondhand smoke poses an increased risk of lung cancer and possibly hear disease to people exposed to secondhand smoke, and finds that nonsmokers can be protected by elimination of smoking in buildings; and WHEREAS children exposed to secondhand smoke have an increased risk of asthma, respiratory infections, sudden infant death syndrome, developmental abnormalities and cancer; and WHEREAS secondhand smoke is particularly hazardous to elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive disease; and WHEREAS secondhand smoke contains over 4,000 chemicals, 43 of which are cancerous, killing over 53,000 non-smokers every year; and WHEREAS recognizing the health dangers of secondhand smoke, Oakland County, along with many other businesses and units of government in Oakland County have implemented restrictions on smoking in their worksites; and WHEREAS the Oakland County Board of Commissioners recognizes the imperative to protect the public health and welfare by prohibiting smoking in public places and places of employment; and to guarantee the right of nonsmokers to breathe smoke-free air; and Commissioners Minutes Continued. July 20, 2006 315 WHEREAS the Oakland County Board of Commissioners recognizes that the need to breathe smoke-free air shall have priority over the desire to smoke. NOW THEREFORE BE IT RESOLVED THAT the Oakland County Board of Commissioners does hereby prohibit smoking in all private work sites and public places in Oakland County, but not including bars and food service establishments in Oakland County following a public hearing. BE IT FURTHER RESOLVED THAT the Oakland County Board of Commissioners does hereby approve the Oakland County Clean Indoor Air Regulation eliminating smoking in private worksites and public places, effective ninety (90) days from the date of adoption, as attached hereto and made a part hereof. Chairperson, we move the adoption of the foregoing Resolution. ERIC COLEMAN, VINCENT GREGORY, JIM NASH, HELAINE ZACK, DAVID COULTER, MARCIA GERSHENSON, GEORGE SUAREZ, MATTIE HATCHETT Copy of Oakland County Regulation Eliminating Smoking in Public and Private Worksites and Public Places, not Including Bars and Restaurants on file in County Clerk’s office. The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #06156 BY: Commissioner Eric Coleman, District #23 IN RE: BOARD OF COMMISSIONERS – EXPANSION OF SMOKING BAN FOR ALL OAKLAND COUNTY GOVERNMENT BUILDINGS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS numerous studies have found that tobacco smoke is a major contributor to indoor air pollution, and that breathing secondhand smoke is a cause of disease in healthy nonsmokers, including heart disease, stroke, respiratory disease and lung cancer; and WHEREAS Oakland County has a responsibility to protect the health and safety of employees and of the general public who utilize county government facilities; and WHEREAS in 1997, Oakland County implemented a non-smoking policy prohibiting smoking within all county facilities; and WHEREAS the Michigan Clean Indoor Air Act allows for the designation of smoking areas and the ability to implement and enforce polices for the separation of smokers and nonsmokers; and WHEREAS second-hand cigarette smoke is involuntarily inhaled by non-smokers, lingers in the air hours after cigarettes have been extinguished and can cause or exacerbate a wide range of adverse health effects, including cancer, respiratory infections, and asthma; and WHEREAS even when indoor smoking is prohibited, smoking of tobacco products within proximity of a building entrance, exist or air intake vent forces exposure to second-hand smoke; and WHEREAS the U.S. Environmental Protection Agency recommends that if there are designated outdoor smoking areas, smoking should not be permitted right outside the doors (or near building ventilation system air intakes) where nonsmokers may have to pass through smoke from smokers congregated near doorways; and WHEREAS it is in the best interest of County employees and the general public visiting County government buildings to provide measures that enable non-smokers to reasonably avoid involuntary exposure to second-hand smoke. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby expands the Oakland County no smoking policy to provide that no smoking shall be permitted within fifty (50) feet of an exterior entrance to or exit from a County government building, room or facility. BE IT FURTHER RESOLVED that the County Executive is requested to implement, post and enforce the expanded no smoking policy upon adoption by the Oakland County Board of Commissioners. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners requests the Directors of Facilities Management and Human Resources or their designees to revise County and/or departmental policies, procedures and issuances to conform with this expanded no smoking policy. Commissioners Minutes Continued. July 20, 2006 316 BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to the Oakland County Executive, Oakland County Clerk/Register of Deeds, Oakland County Prosecuting Attorney, Oakland County Sheriff, Oakland County Treasurer, Oakland County Parks and Recreation Commission and Oakland County Drain Commissioner. Chairperson, we move the adoption of the foregoing resolution. ERIC COLEMAN, VINCENT GREGORY, JIM NASH, HELAINE ZACK, MARCIA GERSHENSON, GEORGE SUAREZ, MATTIE HATCHETT, DAVID WOODWARD, GREG JAMIAN The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #06157 BY: Commissioners Helaine Zack, District #22 and Bill Bullard, Jr., District #2 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR RACKHAM GOLF COURSE AND PRESERVING HISTORIC GREEN SPACE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County has a rich cultural heritage and architectural history that has been attained throughout the years by encouraging the preservation of historic and natural resources and by acknowledging the contribution that invaluable green spaces make to the strength and vitality of our local communities; and WHEREAS in 1922, the Baker Land Company developed the Bronx subdivision within Huntington Woods (the land between 10 Mile and 11 Mile and Scotia and Wyoming). Its deed to the Rackham family stated that the property must be used “only as a public park or golf course or for other similar purposes.” The Baker Land Company wanted a golf course because it understood that a golf course makes a city more attractive to potential residents; and WHEREAS Horace and Mary Rackham donated this 120-acre parcel of land located in Huntington Woods to the City of Detroit in 1924. The couple enjoyed golf and wanted to give the common man and woman a place to appreciate it also; and WHEREAS to protect their generous gift, the Rackham’s also placed a restriction in the deed that provided that the property must be used as a public golf course; and WHEREAS the Rackham Golf Course is of major historical significance to the region. Donald Ross, one of the greatest names in golf history, designed the course; and WHEREAS Rackham Golf Course was the first integrated public course in the State of Michigan. Its opening in 1923 was during a period of time when segregation was the norm. Rackham was open to all people regardless of their ethnicity, color or class; and WHEREAS adding to its historical significance, the Rackham Golf Course contains a clubhouse that was designed by renowned architect N. Chester Sorensen and includes Pewabic tile in its interior; and WHEREAS Ben Davis, a 97-year-old golf professional, began his career at Rackham Golf Course in 1936. He was the first black professional golfer in Michigan and for 60 years the course pro at Rackham. Mr. Davis taught such notables as boxing champion Joe Louis and former Detroit Mayor and Supreme Court Justice Dennis Archer; and WHEREAS recognizing this rich history, the City of Huntington Woods is in the process of having the Rackham Golf Course declared an historic preservation district; and WHEREAS many communities are facing difficult financial challenges, and the City of Detroit has indicated an interest in entertaining offers to purchase Rackham Golf Course. The initial offer from a developer to purchase Rackham to construct 400 or more single family housing units was rejected by the Detroit City Council who suggested that the Mayor pursue an open bid process; and WHEREAS the City of Huntington Woods and its residents view the Rackham Golf Course as an integral part of the community. This local community is interested in preserving the Rackham Golf Course and its 120 acres of green space, not only for its residents - but for the metropolitan area as well, and has submitted an offer to purchase the property; and Commissioners Minutes Continued. July 20, 2006 317 WHEREAS the City of Huntington Woods has determined that a development of such high density would increase the number of households in Huntington Woods by 17%. This would be a dramatic change to the community’s character and a drain on its public safety resources. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby supports urban initiatives to enhance the quality of life in our communities by offering recreational parkland. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners supports the community- based efforts to maintain Rackham Golf Course as a recreational green space that can be enjoyed by residents throughout the region for many generations to come. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners encourages the efforts of concerned citizens and the residents of Huntington Woods to seek alternatives that will preserve and protect the historic Rackham Golf Course. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners urges the City of Detroit and the City of Huntington Woods to collaborate in the true spirit of regional cooperation to seek a solution that affirms the intangible value that the Rackham Golf Course brings to the region – a precious natural jewel endowed with an historic legacy. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to the Mayor and City Council of the Cities of Detroit and Huntington Woods and the Michigan Historic Preservation Review Board. Chairperson, we move the adoption of the foregoing Resolution. HELAINE ZACK, JIM NASH, DAVID COULTER, DAVID WOODWARD, ERIC COLEMAN, CHUCK MOSS, BILL BULLARD, JR., HUGH CRAWFORD, MICHAEL ROGERS, JEFF POTTER, GREG JAMIAN, GEORGE SUAREZ, MARCIA GERSHENSON, TIM MELTON The Chairperson referred the resolution to the General Government Committee. There were no objections. Commissioner Melton gave notice of intent to discharge Miscellaneous Resolution #06100 – BOARD OF COMMISSIONERS – INCORPORATING “BUY OAKLAND FIRST” POLICY IN PURCHASING PROCEDURES from the Finance Committee per Rule XIII-F on August 3, 2006. The Board adjourned at 11:32 a.m. to the call of the Chair or August 3, 2006, at 9:30 a.m. RUTH JOHNSON BILL BULLARD, JR. Clerk Chairperson