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HomeMy WebLinkAboutMinutes - 2006.08.03 - 8394318 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES August 3, 2006 Meeting called to order by Chairperson Bill Bullard, Jr. at 9:30 a.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Bullard, Coulter, Douglas, Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack. (23) EXCUSED ABSENCE WITH NOTICE: Crawford. (1) EXCUSED ABSENCE PER MISCELLANEOUS RESOLUTION #04228: Coleman. (1) Quorum present. Invocation given by Marcia Gershenson. Pledge of Allegiance to the Flag. Moved by Palmer supported by Suarez the minutes of the July 19, 2006, and July 20, 2006 Board Meetings be approved. A sufficient majority having voted in favor, the minutes were approved as printed. Moved by Kowall supported by Coulter the agenda be approved as printed. AYES: Bullard, Coulter, Douglas, Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack. (23) NAYS: None. (0) A sufficient majority having voted in favor, the agenda was approved as printed. The following people addressed the Board: Barbara Bonsignore and Barbara Talley. Moved by Molnar supported by Gregory the resolutions (with fiscal notes attached) on the Consent Agenda, be adopted. (The vote for this motion appears on page 322.) The resolutions on the Consent Agenda follow (annotated by an asterisk {*}): Commissioners Minutes Continued. August 3, 2006 319 *MISCELLANEOUS RESOLUTION #06158 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 CITIES OF FARMINGTON, SYLVAN LAKE AND WIXOM 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/Fiscal Year 2008 County Executive Recommended Budget, and therefore, no budget amendment is necessary. 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 Farmington, personal property; 2. City of Sylvan Lake, real and personal property; and 3. City of Wixom, personal property. BE IT FURTHER RESOLVED that the Board of Commissioners’ Chairperson is authorized to sign these contracts. BE IT FURTHER RESOLVED that the Oakland County Clerk shall receive and file the executed contracts with the aforementioned municipalities as required by law. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Contracts for Oakland County Equalization Division Assistance Services with the Cities of Farmington, Sylvan Lake, and Wixom, and a memo in regards to Fund 42000. (The vote for this motion appears on page 322.) *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. Commissioners Minutes Continued. August 3, 2006 320 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, and Aerial Map of Easement on file in County Clerk’s office. FISCAL NOTE (MISC. #06151) BY: Finance Committee, Chuck Moss, 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: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Pursuant to Miscellaneous Resolution #03088, the County conveyed via quit claim deed parcel numbers 13-16-101-016 and 13-16-101-043 to Waterford Township. 2. Certain deed restrictions were placed on the deed due to the proximity of the property to the Oakland County International Airport. 3. Waterford Township has requested the deed restrictions be amended to define building height and property use to allow the Township to sell the property. 4. The Oakland County Airport Committee recommends granting the requested deed restriction amendments in return for the Township granting an avigation easement over the property. 5. The resolution authorizes and approves the granting of a Deed Restriction Amendment and Avigation Easement to the Charter Township of Waterford for the sum of one (1) dollar. 6. No General Fund/General Purpose amendment is required. FINANCE COMMITTEE (The vote for this motion appears on page 322.) *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 and 38,100 Overheads, landscape furniture) Equipment (audio/video/DVD equipment) 9,000 Administration (file cabinets, work stations, 14,900 and chairs) Commissioners Minutes Continued. August 3, 2006 321 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 FISCAL NOTE (MISC. #06152) BY: Finance Committee, Chuck Moss, Chairperson IN RE: CIRCUIT COURT – USE OF MEDIATION FUNDS 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. Resolution authorizes the utilization of Circuit Court Civil Mediation funds as established by Miscellaneous Resolution #90177. 2. The Circuit Court is requesting use of these funds to purchase courtroom, jury room, administration and office furniture ($113,000), audio/video equipment ($9,000), and to offset Mediation administrative expenses for the Oakland County Bar Association ($8,000) for a total of $130,000. 3. Funding of $782,313.77 is available in the Circuit Court Civil Mediation account, of which a portion is reserved to pay attorney bills. 4. The following budget amendment is recommended to the Fiscal Year 2006 Budget: CIRCUIT COURT MEDIATION FUNDS (10100) FY 2006 Revenue 3010301-121150-630245 Civil Mediation $130,000 Expenditures 3010101-121100-750154 Expendable Equip. $130,000 Net of Revenues and Expenditures $ -0- FINANCE COMMITTEE (The vote for this motion appears on page 322.) *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. Commissioners Minutes Continued. August 3, 2006 322 FISCAL NOTE (MISC. #06154) BY: Finance Committee, Chuck Moss, Chairperson IN RE: SHERIFF’S OFFICE – USE OF FORFEITED FUNDS FOR EQUIPMENT 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. Funds in the amount of $327,901.66 (balance as of 6/30/06) are available in the Sheriff’s Department Law Enforcement Enhancement account. 2. The Sheriff is requesting $96,000 of these funds be used to purchase four (4) American Chariots ($16,000), weight/exercise equipment ($40,000), GPS Unit for Narcotics Enforcement ($26,000), and Laptops for NET ($14,000) to enhance law enforcement efforts in compliance with state law for the use of these funds. 3. Funds are held in account #4030101-222430. The Fiscal Year 2006 Budget should be amended as follows: FY 2006 GENERAL FUND #10100 Revenue 4030101-112580-670285 Enhancement Funds $ 96,000 Total General Fund Revenue $ 96,000 Expenditures 4030201-112580-750170 Admin Div. - Other Exp. Equipment $ 16,000 4030601-110000-750170 Patrol Div. - Other Exp. Equipment 40,000 4030901-110090-750170 Technical Div. - Other Exp. Equipment $ 40,000 Total General Fund Expenditures $ 96,000 FINANCE COMMITTEE Vote on resolutions on the Consent Agenda: AYES: Coulter, Douglas, Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda, were adopted. Commissioner Chuck Moss stated there were no resolutions on the Regular Agenda to bring before the Board. MISCELLANEOUS RESOLUTION #06159 BY: General Government Committee, William Patterson, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – THIRD QUARTER 2006 DEVELOPMENT APPROPRIATION TRANSFER To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS all data processing development cost is incorporated as a single appropriation within the non- departmental budget and then an amount equal to the actual expense is transferred to the user department with a summary report to the Finance Committee; and WHEREAS the Department of Information Technology has determined the Third Quarter 2006 data processing development charges to be $1,601,853.51 and the imaging development charge to be $69,564.03 for the General Fund/General Purpose County departments; and WHEREAS direct charges to Special Revenue and Proprietary Fund Departments are $117,870.71 and non-county agencies are $732.00 for the Third Quarter 2006; and WHEREAS an appropriation transfer to General Fund/General Purpose County departments is needed to fund these development charges. Commissioners Minutes Continued. August 3, 2006 323 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners has reviewed the Third Quarter 2006 Data Processing Development Report and approves the Third Quarter appropriation transfer as specified on the attached schedule. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Information Technology Data Processing Development Summary 3rd Quarter 2006, Information Technology – Reserve Fund Development/Support Detail – Third Quarter, 2006 on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #06160 BY: General Government Committee, William R. Patterson, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – REVISION OF @CCESS OAKLAND MASTER FEE STRUCTURE TO AMEND RECORDED DOCUMENT PROFILE FEES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS as provided by Public Act 462 of 1996, Enhanced Access to Public Records Act, the Board of Commissioners, by approving Miscellaneous Resolution #97165 dated August 14, 1997, adopted the Oakland County Enhanced Access to Public Records Policy; and WHEREAS Section 3 (FEES) of the aforementioned policy specifies that, “It is the policy of Oakland County to charge a reasonable fee for providing enhanced access to a public record”; and WHEREAS the policy defines “reasonable fee” as a charge calculated to enable recovery, over time, only those operating expenses directly related to the public body’s provision of enhanced access; and WHEREAS the policy further specifies that proposed fees shall be presented to and approved by the Board of Commissioners before they shall be effective with the exception of new and future shopping cart products; and WHEREAS the Board of Commissioners, by Miscellaneous Resolution #00026 dated February 24, 2000, approved a Master Fee Structure for all Oakland County enhanced access products and services; and WHEREAS the Clerk/Register of Deeds in conjunction with the Department of Information Technology has agreed to amend the fee structure of the Recorded Document Profile product; and WHEREAS the Clerk/Register of Deeds in conjunction with the Department of Information Technology has agreed the users of the Recorded Document Profile will access this product directly from a new website maintained by the Government Records Division of ACS, Affiliated Computer Services Corp., with whom the Clerk/Register of Deeds Office contracts for professional services; and WHEREAS the new fee structure should be more customer friendly and easier to explain to users; and WHEREAS no change in revenue is anticipated; and WHEREAS the aforementioned amended pricing structure is to be added to the Master Fee Structure for all Oakland County enhanced access products and services; and WHEREAS the County Executive recommends approval of this resolution. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the revised @ccess Oakland Master Fee Structure (copy attached) which includes the aforementioned standard pricing schedule for the Recorded Document Profile product. Chairperson, on behalf of the General Government Committee, I move adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of @ccess Oakland Master Fee Structure, and Additional GIS Sub-Groups on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. Commissioner Greg Jamian stated there were no resolutions on the Regular Agenda to bring before the Board. Commissioners Minutes Continued. August 3, 2006 324 Commissioner Charles Palmer stated there were no resolutions on the Regular Agenda to bring before the Board. REPORT (MISC. #06153) BY: Personnel Committee, Gregory C. Jamian, 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: The Personnel Committee having reviewed Miscellaneous Resolution #06153 on August 3, 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 #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 lease 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. 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 IF FURTHER RESOLVED that one (1) unmarked vehicle with mobile radio and prep be added to the County fleet. BE IF 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. Commissioners Minutes Continued. August 3, 2006 325 FISCAL NOTE (MISC. #06153) BY: Finance Committee, Chuck Moss, 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: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Wayne County Sheriff requested that the Oakland County Sheriff participate in a Parole Absconder Unit. 2. The resolution creates one (1) Deputy II in the Technical Services Division to perform these duties. 3. The resolution adds one (1) unmarked vehicle to the county fleet at a cost of $32,046. Funding will come from Contingency. 4. The total cost of participating in the program is $133,798 for 14 months. Wayne County agreed to reimburse the county up to $87,500 to offset the cost of the program. The Sheriff has agreed to use $46,298 from the Law Enforcement Enhancement Account (4030101- 222430) to cover the shortfall. 5. The contract is effective from July 29, 2006 through September 30, 2007. 6. The Fiscal Year 2007 Executive Recommended budget will be amended during the budget process. 7. A budget amendment for Fiscal Year 2006 is recommended as follows: FY 2006 FY 2007 GENERAL FUND #10100 Revenue 4030901-110100-631869 Reimb. Salaries $12,500 $ 75,000 4030101-112580-670285 Enhancement Funds $ 3,989 $ 42,309 Total General Fund Revenue $16,489 $117,309 Expenditures 4030901-110100-702010 Salaries $ 9,852 $ 63,316 4030901-110100-722740 Fringe Benefits $ 3,563 $ 35,551 4030901-110100-712020 Overtime $ 1,286 $ 7,714 4030901-110040-777560 Radio Communications $ 82 $ 494 4030901-110040-776661 Motor Pool $ 1,600 $ 9,600 4030901-110040-750070 Deputy Supplies $ 106 $ 634 $16,489 $117,309 Capital Costs 4030901-989999-788001-66100 Trfrs to Motorpool $ 26,359 4030901-989999-788001-53600 Trfrs to Radio $ 5,687 9090101-196030-730359 Contingency ($32,046) $ -0- Total General Fund Expenditures $ 16,489 $117,309 MOTOR POOL FUND #66100 Revenue 1030811-184010-631071 Leased Equipment $ 1,600 $ 9,600 1030811-989999-695500-10100 Trfrs from General $ 26,359 $ -0- Total Motorpool Revenue $ 27,959 $ 9,600 Expenditures 1030811-184010-761121 Depreciation Vehicles $ 1,600 $ 9,600 Total Motorpool Expenses $ 1,600 $ 9,600 Motorpool-Estimated Change in Fund Equity $ 26,359 $ -0- RADIO COMMUNICATIONS FUND #53600 Revenue 1080310-115150-631071 Leased Equipment $ 82 $ 494 1080310-989999-695500-10100 Trfrs from General $ 5,687 $ -0- Total Radio Comm. Revenue $ 5,769 $ 494 Commissioners Minutes Continued. August 3, 2006 326 Expenditures 1080310-115150-761121 Depreciation $ 82 $ 494 Total Radio Communications Expenses $ 82 $ 494 Radio Comm.-Estimated Change in Fund Equity $ 5,687 $ -0- FINANCE COMMITTEE Moved by Potter supported by Zack the resolution (with fiscal note attached) be adopted. Moved by Potter supported by Zack the Personnel Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Discussion followed. Vote on resolution: AYES: Douglas, Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard, Coulter. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted. MISCELLANEOUS RESOLUTION #06130 BY: Commissioners Eric Coleman, District #23 and Mattie McKinney Hatchett, District #10 IN RE: BOARD OF COMMISSIONERS – OPPOSITION TO MICHIGAN CIVIL RIGHTS INITIATIVE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS many decisions of the United States Supreme Court have ruled that Affirmative Action is necessary and legitimate for realizing true equality in our great nation, which is growing increasingly diverse and multicultural; and WHEREAS California businessman Wardell Connerly has launched a misleading and deceptive campaign to amend Michigan’s Constitution and would outlaw Affirmative Action and nullify the Supreme Court’s legacy of supporting Affirmative Action; and WHEREAS the County of Oakland has long recognized that the diversity of its citizens is one of its most valuable assets and further recognizes that it must be allowed to continually review and improve its processes to increase diversity among its workforce and contractors to better reflect the composition of the county and better serve its residents; and WHEREAS the deceptive Michigan Civil Rights Initiative is certain to have broad and far reaching negative consequences by irreparably harming the ability of all Michigan residents to enjoy a fair chance in education and employment; and WHEREAS the proposed constitutional amendment would remove the ability of locally elected officials to bring about diversity within the operation of local government by violating the fundamental principle of local control that is embodied in the Michigan Constitution, Home Rule Cities Act and Public Act 139 of 1973, which seeks to ensure that each governmental unit is allowed to determine how best to serve its residents; and WHEREAS numerous civic organizations, labor unions, business groups, educational institutions, persons from all political parties, religious, ethnic, and women’s organizations oppose the adoption of this amendment; and WHEREAS the Michigan Civil Rights Initiative, if passed, would put an end to Constitutionally permissible efforts to provide equal opportunity for all Americans; and WHEREAS the false and divisive campaign being waged to promote this amendment will, if successful, reverse many of the advancements that have been made in race, color, gender, ethnic and national origin equality to date. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby reaffirms its support for diversity and affirmative action programs, as well as the principle of local control. Commissioners Minutes Continued. August 3, 2006 327 BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners goes on record as opposing the inappropriately named “Michigan Civil Rights Amendment” to the Michigan Constitution since it in no way furthers the civil rights of Michigan citizens and instead is completely contrary to the promotion and continuance of civil rights in this state. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners encourages our citizens as well as our citizen organizations to become informed and educated themselves on this important issue and to actively participate in efforts to defeat this proposal. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to Governor Granholm, the Oakland County delegation to the Michigan legislature, Oakland County Executive L. Brooks Patterson and the 61 cities, villages and townships in Oakland County. Chairperson, we move the adoption of the foregoing resolution. ERIC COLEMAN, MATTIE HATCHETT, DAVID COULTER, DAVID WOODWARD, JIM NASH, MARSHA GERSHENSON, HELAINE ZACK, VINCENT GREGORY, GEORGE SUAREZ, TIM MELTON, MICHAEL ROGERS The Chairperson referred the resolution to the Personnel Committee. There were no objections. Action taken at August 3, 2006 Board meeting: Moved by Hatchett supported by Gregory to discharge Miscellaneous Resolution #06130 – BOARD OF COMMISSIONERS – OPPOSITION TO MICHIGAN CIVIL RIGHTS INITIATIVE from the Personnel Committee per Rule XIII-F. Commissioner Chuck Moss assumed the Chair to allow Chairperson Bill Bullard, Jr. to address the Board on the reasons he will not support discharge of Miscellaneous Resolution #06130 from the Personnel Committee. Chairperson Bill Bullard, Jr. assumed the Chair from Commissioner Chuck Moss. Discussion followed. Vote on motion to discharge Miscellaneous Resolution #06130 from committee: AYES: Gershenson, Gregory, Hatchett, Melton, Nash, Rogers, Suarez, Woodward, Zack, Coulter. (10) NAYS: Jamian, Kowall, Long, Middleton, Molnar, Moss, Palmer, Patterson, Potter, Scott, Wilson, Bullard, Douglas. (13) A sufficient majority not having voted in favor, the motion to discharge from committee failed. MISCELLANEOUS RESOLUTION #06100 BY: Commissioner Tim W. Melton, District #11 IN RE: BOARD OF COMMISSIONERS - INCORPORATING "BUY OAKLAND FIRST" POLICY IN PURCHASING PROCEDURES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS a commitment to reinvesting in our local economy is an essential element to the ongoing stability and growth of local businesses based in Oakland County and the State of Michigan; and WHEREAS in 1992, with the adoption of Miscellaneous Resolution #92057, entitled Made in the USA, the Oakland County Board of Commissioners affirmed "that it was in the best interest of the United States and the County of Oakland to promote the purchase and use of goods and services manufactured and/or originating in the United States; and Commissioners Minutes Continued. August 3, 2006 328 WHEREAS Miscellaneous Resolution #92057 is incorporated into Section 2400.1 of the Oakland County Purchasing Policies and Procedures - providing that when Oakland County makes a purchase of $10,000 or more, the County of Oakland shall give preference to products manufactured in the United States when they are available at competitive prices and are of equal, superior, or similar quality; and WHEREAS small business enterprises and county-based enterprises employ or are more likely to employ younger workers, who represent the largest segment of the unemployed population; and WHEREAS Oakland County has a compelling public interest in ensuring that there are as many job opportunities available to residents of the county as possible; and WHEREAS Oakland County has a compelling interest in economically strengthening county-based enterprises and reducing unemployment among residents of the county; and WHEREAS the cost of living in Oakland County is 22% higher than the national average. Combined with higher taxes, this makes living and conducting business in Oakland County and Michigan comparatively costly; and WHEREAS offering incentives to retain and attract local businesses is necessary, especially in light of the current economic downturn being experienced in the State of Michigan; and WHEREAS the Emerging Sectors strategy, wherein County Executive L. Brooks Patterson travels internationally, seeks to diversify the economy in Oakland County by attracting new companies and attracting a highly skilled workforce to help retain existing businesses in Oakland County; and WHEREAS economically strengthening small and county-based enterprises would improve the region's economy and aid in the reduction of the rate of unemployment experienced by persons residing in Oakland County. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby affirms that Oakland County has a responsibility to create and maintain job opportunities for residents of the county and to ensure that county-based and Michigan-based enterprises have a reasonable share of the contracts awarded by Oakland County. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners establishes a purchasing preference policy for products manufactured locally and services provided by businesses based in the County of Oakland, the State of Michigan and/or the United States. BE IT FURTHER RESOLVED that bids received for goods manufactured or services provided by businesses located in the County of Oakland shall be deemed reasonable and competitive if they are five (5%) percent or less above the cost of goods manufactured and/or services provided by businesses not located in the County of Oakland. BE IT FURTHER RESOLVED that bids received for goods manufactured or services provided by businesses located in the State of Michigan shall be deemed reasonable and competitive if they are two and one-half (2.5%) percent or less above the cost of goods manufactured and/or services provided by businesses not located in the State of Michigan. BE IT FURTHER RESOLVED that bids received for goods manufactured or services provided by businesses located in the United States shall be deemed reasonable and competitive if they are two and one-half (2.5%) percent or less above the cost of goods manufactured and/or services provided by businesses not located in the United States. Chairperson, we move the adoption of the foregoing resolution. TIM MELTON, DAVID WOODWARD, DAVID COULTER, VINCENT GREGORY, HELAINE ZACK, MATTIE HATCHETT, JIM NASH, GEORGE SUAREZ, MARCIA GERSHENSON The Chairperson referred the resolution to the Finance Committee. There were no objections. Action taken at August 3, 2006 Board meeting: Moved by Melton supported by Hatchett to discharge Miscellaneous Resolution #06100 – BOARD OF COMMISSIONERS – INCORPORATING “BUY OAKLAND FIRST” POLICY IN PURCHASING PROCEDURES from the Finance Committee per Rule XIII-F. Discussion followed. Commissioners Minutes Continued. August 3, 2006 329 Vote on motion to discharge Miscellaneous Resolution #06100 from committee: AYES: Gregory, Hatchett, Melton, Nash, Suarez, Woodward, Zack, Coulter, Gershenson. (9) NAYS: Jamian, Kowall, Long, Middleton, Molnar, Moss, Palmer, Patterson, Potter, Rogers, Scott, Wilson, Bullard, Douglas. (14) A sufficient majority not having voted in favor, the motion to discharge from committee failed. The Board adjourned at 10:15 a.m. to the call of the Chair or August 31, 2006, at 9:30 a.m. JAMES VANLEUVEN BILL BULLARD, JR. Deputy/Clerk Chairperson