Loading...
HomeMy WebLinkAboutMinutes - 2007.05.10 - 8413 207 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES May 10, 2007 Meeting called to order by Chairperson Bill Bullard, Jr. at 9:37 a.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Bullard, Burns, Coulter, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Woodward, Zack. (22) EXCUSED ABSENCE WITH NOTICE: Crawford, Kowall. (2) EXCUSED ABSENCE PER MISCELLANEOUS RESOLUTION #04228: Coleman. (1) Quorum present. Invocation given by Vincent Gregory. Pledge of Allegiance to the Flag. Moved by Gosselin supported by Greimel the minutes of the April 26, 2007, Board Meeting be approved. A sufficient majority having voted in favor, the minutes were approved as printed. Moved by Gosselin supported by Coulter the rules be suspended and agenda be amended as follows: Move Planning and Building Committee, Item a: Miscellaneous Resolution #07101 – Department of Facilities Management – Approval and Acceptance of Lease Agreement with Michigan Bell Telephone Company (AT&T Michigan), Equipment Room, Oakland County Courthouse Basement from the Consent Agenda to the Regular Agenda. Also, add two additional presentations: Overview on Community Mental Health and a Proclamation Presentation for Youth In Government Day. Vote on agenda, as amended: AYES: Bullard, Burns, Coulter, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Woodward, Zack. (22) NAYS: None. (0) A sufficient majority having voted in favor, the agenda, as amended, was approved. Chairperson Bill Bullard, Jr. made the following statement: “A Public Hearing is now called on the Planning and Economic Development Services Division Resolution Approving Project Plan (Marian High School, Inc. Project) – Bloomfield Township. Is there anyone present who wish to speak?” No one requested to speak and the Chairperson declared the Public Hearing closed. Commissioners Minutes Continued. May 10, 2007 208 Commissioner Gingell introduced Mr. Horstman who gave a presentation for Community Mental Health Month. Chairperson Bill Bullard, Jr. welcomed all of the students present for Youth In Government Day and introduced Commissioner Long who welcomed the students and presented a proclamation, acknowledging and celebrating Oakland County Youth In Government Day on May 10, 2007. The following people addressed the Board: Allan Meltzer, Commissioners Greimel and Hatchett presented a Proclamation to the Board on behalf of Healthy Affairs in Pontiac. A student from Bloomfield Hills High School addressed the Board regarding Wireless Oakland, Robert Daddow, Deputy County Executive addressed the students question and gave an overview of Wireless Oakland status, Commissioner Gosselin added further information of status. A student from Stoney Creek High School addressed the Board regarding the paving of roads in Oakland Township, Commissioner Gingell addressed the students question and gave an overview of the Oakland County Road Commission. Moved by Potter supported by Gregory 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 221). The resolutions on the Consent Agenda follow (annotated by an asterisk {*}): *MISCELLANEOUS RESOLUTION #07112 BY: Finance Committee, Mike Rogers, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET – FISCAL YEAR END REPORTING TO THE MICHIGAN DEPARTMENT OF TREASURY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Public Act 140 of 1971 (the General Revenue Sharing Act) and Public Act 34 of 2001 (revised Municipal Finance Act) required local units of government submit a “deficit elimination plan” when any governmental fund experience negative unreserved fund balance and when any proprietary fund experiences negative unrestricted net assets; and WHEREAS it has been the practice of the Michigan Department of Treasury to review and accept deficit elimination plans submitted without approval of the legislative body; and WHEREAS Department of Treasury practice has changed now requiring legislative body approval of the deficit elimination plan; and WHEREAS Oakland County completed the fiscal year ending September 30, 2006 with five (5) funds with negative unreserved fund balances and two (2) funds with negative unrestricted net assets; and WHEREAS the attached deficit elimination plan was submitted to the Department of Treasury in accordance with past practice on December 8, 2006, however Treasury notified the County on April 18, 2007 that said plan required approval of the Board of Commissioners. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached deficit elimination plan as submitted to the Michigan Department of Treasury. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Letter from Timothy J. Soave, Manager, Fiscal Services Division, on file in County Clerk’s office. (The vote for this motion appears on page 221.) Commissioners Minutes Continued. May 10, 2007 209 *MISCELLANEOUS RESOLUTION #07098 BY: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – INTERLOCAL AGREEMENT BETWEEN OAKLAND COUNTY AND THE WAYNE COUNTY AIRPORT AUTHORITY FOR THE FIRE RECORDS MANAGEMENT SYSTEM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners approved the acquisition of the Fire Records Management System in Miscellaneous Resolution #99309; and WHEREAS the purpose of the Fire Records Management System is to capture and create fire records from the inception of a 9-1-1 call, to include the additional computer-aided dispatch information, and complete the recording in a standard records management system, promoting communication and the sharing of fire records among the municipalities that participate; and WHEREAS the Department of Information Technology, the Department of Corporation Counsel, and the Fire Governance Committee have developed a Fire Records Management System Interlocal Agreement setting forth the rights and obligations of the County and the municipalities participating in the Fire Records Management System; and WHEREAS the Oakland County Board of Commissioners authorized the execution of the attached Interlocal Agreement with specific municipalities in Miscellaneous Resolution #02045; and WHEREAS the Wayne County Airport Authority would like to participate in the Fire Records Management System. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board of Commissioners to sign the attached Fire Records Management System Interlocal Agreement with the Wayne County Airport Authority. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Fire Records Management Agreement between Oakland County and Wayne County Airport Authority on file in County Clerk’s office. FISCAL NOTE (MISC. #07098) BY: Finance Committee, Mike Rogers, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – INTERLOCAL AGREEMENT BETWEEN OAKLAND COUNTY AND WAYNE COUNTY AIRPORT AUTHORITY FOR THE FIRE RECORDS MANAGEMENT SYSTEM 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 the Chairperson of the Board to authorize and sign the Agreement with the Wayne County Airport as identified in the resolution. 2. The Fire Governance Committee (FGC) approved fees for the out of county agencies in accordance with the 2006-2009 fee schedule dated October 18, 2006. 3. The implementation date is Aug 1, 2007 and Wayne County Airport Authority will be responsible for the following annual fees (prorating 2 months access for Fiscal Year 2007) listed below: -$4,620 annual department fee -$1,320 annual fire station fee ($1,320 for each fire station beyond the first) 4. The addition of the Wayne County Airport Authority will require the purchase of four additional software licenses at $2,240.00 each and will increase the annual software maintenance by $504 for each license. 5. Therefore, an invoice shall be submitted to Wayne County Airport Authority to include the software license and maintenance purchases due under this agreement. 6. Adjustments will be made to the Fiscal Year 2008 budget with the Fiscal Year 2008 and Fiscal Year 2009 County Executive Recommended Budget process. Commissioners Minutes Continued. May 10, 2007 210 7. A budget amendment for Fiscal Year 2007 budget is recommended as follows: FIRE RECORDS MANAGEMENT FUND (#53100) FY 2007 Revenue 1080325-115100-631442 Outside Agencies $10,726 Total FRMS Fund Revenue $10,726 Expenditures 1080325-115100-731773 Software Purchase $ 8,960 1080325-115100-731780 Software Maint. 336 1080325-115100-750170 Expendable Equip 1,430 Total FRMS Fund Expenditures $10,726 FRMS – Estimated Change in Fund Equity $ -0- FINANCE COMMITTEE (The vote for this motion appears on page 221.) *MISCELLANEOUS RESOLUTION #07113 BY: General Government Committee, Christine Long, Chairperson IN RE: INFORMATION TECHNOLOGY – WAIVER OF FEES FOR THE EIGHT MILE BOULEVARD ASSOCIATION FOR THE ACQUISITION OF GIS AND RELATED DATA To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Eight Mile Boulevard Association has requested certain geographic information systems (GIS) and related land data for use in its projects to be conducted along the Eight Mile Road Corridor; and WHEREAS the Eight Mile Boulevard Association includes the following Oakland County communities: Farmington, Farmington Hills, Ferndale, Hazel Park, Oak Park, Royal Oak, and Southfield; and WHEREAS the Eight Mile Boulevard Association has requested a waiver of fees since the GIS data will be used in its efforts to revitalize a 27-mile stretch of 8 Mile Road between I-275 and I-94; and WHEREAS the Eight Mile Boulevard Association has already contributed to improvements along Eight Mile Road; and WHEREAS the Board of Commissioners is authorized to approve a waiver of fees for GIS data for various purposes under Miscellaneous Resolution #97165 and the Enhanced Access to Public Records Policy; and WHEREAS the intended use of the information satisfies the requirements of Section G of the Policy; and WHEREAS the transmission of the data would benefit the County’s residents. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the transfer of the data requested by the Eight Mile Boulevard Association and waives the fees for the data. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE (The vote for this motion appears on page 221.) *MISCELLANEOUS RESOLUTION #07114 BY: General Government Committee, Christine Long, Chairperson IN RE: INFORMATION TECHNOLOGY – INTERGOVERNMENTAL AGREEMENT TO TRANSFER GIS AND RELATED DATA TO THE UNITED STATES GEOLOGICAL SURVEY (USGS) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the United States Geological Survey 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 USGS; and WHEREAS an agreement has been drafted (as attached) by the County’s Corporation Counsel; and Commissioners Minutes Continued. May 10, 2007 211 WHEREAS State statutes (MCL 45.556-p) state that the Board of Commissioners has the power to “Enter into agreements with other governmental or quasi-governmental entities for the performance of services jointly”; and WHEREAS the transmission of the data would benefit the County’s residents. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the attached intergovernmental agreement and authorizes the transfer of the information cited therein, upon the review and acceptance of the finalized Agreement by Corporation Counsel. BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the Agreement on behalf of Oakland County, and hereby accepts and binds Oakland County to the terms and conditions of this Agreement. 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 United States Geological Survey on file in County Clerk’s office. (The vote for this motion appears on page 221.) *MISCELLANEOUS RESOLUTION #07115 BY: General Government Committee, Christine Long, Chairperson IN RE: INFORMATION TECHNOLOGY – INTERGOVERNMENTAL AGREEMENT TO TRANSFER GIS AND RELATED DATA TO SOUTHEASTERN OAKLAND COUNTY WATER AUTHORITY (SOCWA) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS SOCWA 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 SOCWA; 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 establishing a Geographic Information System that will enable SOCWA to manage and maintain water utilities within its service area. 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 Southeastern Oakland County Water Authority on file in County Clerk’s office. (The vote for this motion appears on page 221.) Commissioners Minutes Continued. May 10, 2007 212 *MISCELLANEOUS RESOLUTION #07116 BY: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – REQUEST FOR SUPPORT FOR MICHIGAN SENATE BILLS 410 AND 411 AMENDING THE EMERGENCY TELEPHONE SERVICES ENABLING ACT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Senate Bills 410 and 411 have been introduced in the Michigan Legislature, which would amend Public Act 32 of 1986 entitled the “Emergency Telephone Service Enabling Act”; and WHEREAS these bills would provide a funding system for 9-1-1 in which all communication devices that have access to 9-1-1 contribute equally to the funding of 9-1-1 operations; and WHEREAS these bills provide a stable funding source for the counties to support their operational levels of service for 9-1-1 to its residents; and WHEREAS these bills have a mechanism that provides the necessary checks and balances to ensure revenues generated are used for authorized expenditures for 9-1-1 services; and WHEREAS these authorized expenditures are limited to those directly related to receiving and processing 9-1-1 calls and the subsequent dispatching of responders via a public safety radio; and WHEREAS such limitation of expenditures has historically met the criteria established through the courts to define 9-1-1 surcharge as a fee for service directly related to telephone services; and WHEREAS these bills are revenue neutral, in that they continue to provide the level of funding currently available through 9-1-1 surcharge; and WHEREAS any attempt to amend Senate Bills 410 and 411 for other State of Michigan general fund purposes not directly related to 9-1-1 may not meet the criteria of a fee for service and could be viewed as a tax increase for the residents of Oakland County; and WHEREAS additional State fees on communication devices places an unfair burden on the populous counties, such as Oakland, which contain the preponderance of telephone service customers but do not receive back an equitable amount of services. THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby offer our support of Senate Bills 410 and 411 as introduced. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners opposes amending Senate Bills 410 and 411 to include any additional State of Michigan taxes on telephone service customers under the guise of 9-1-1 surcharge. BE IT FURTHER RESOLVED that copies of this resolution be transmitted to Governor Jennifer Granholm, and all Senators and Representatives serving Oakland County. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE (The vote for this motion appears on page 221.) *MISCELLANEOUS RESOLUTION #07100 BY: Personnel Committee, Thomas Middleton, Chairperson IN RE: HUMAN RESOURCES – FISCAL YEAR 2007 WAGE AND BENEFIT REOPENER FOR EMPLOYEES REPRESENTED BY THE MICHIGAN NURSES ASSOCIATION (MNA) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland and the Michigan Nurses Association, have negotiated a Wage and Benefit reopener for Fiscal Year 2007 for approximately 126 Public Health Nurses; and WHEREAS this agreement provides for 2% increase with the pay period beginning September 30, 2006; and WHEREAS this agreement provides that the employees represented by this bargaining unit’s health care will be consistent with Miscellaneous Resolution #06114. The modifications are to be effective with the ratification of this agreement; and WHEREAS the agreement regarding the wage increase and benefit modification has been reduced to writing; and Commissioners Minutes Continued. May 10, 2007 213 WHEREAS this agreement has been reviewed by your Personnel Committee, which recommends its approval. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the proposed Wage and Benefit reopener agreement between the County of Oakland and the Michigan Nurses Association covering the period of October 1, 2006, through September 30, 2007, 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 Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE Copy of Memorandum of Agreement – Public Health Nurses on file in County Clerk’s office. FISCAL NOTE (MISC. #07100) BY: Finance Committee, Mike Rogers, Chairperson IN RE: HUMAN RESOURCES – FISCAL YEAR 2007 WAGE AND BENEFIT REOPENER FOR EMPLOYEES REPRESENTED BY THE MICHIGAN NURSES ASSOCIATION (MNA) 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 County of Oakland and the Michigan Nurses Association have reached an agreement regarding wages and benefits for Fiscal Year 2007. 2. The agreement includes a 2% wage increase for Fiscal Year 2007. This equates to $130,664, for salaries and $48,999 for related fringe benefits totaling $179,663. 3. Funding to cover the contract change for Fiscal Year 2007 in the amount of $179,663 was included in the Fiscal Year 2007 Budget. Therefore, no budget amendment is required. FINANCE COMMITTEE (The vote for this motion appears on page 221.) *REPORT (MISC. #07102) BY: Personnel Committee, Thomas F. Middleton, Chairperson IN RE: DRAIN COMMISSIONER – RECLASSIFY SAFETY PROJECTS COORDINATOR POSITION TO NEW ISO AND SAFETY SYSTEMS COORDINATOR CLASSIFICATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee having reviewed Miscellaneous Resolution #07102 on May 2, 2007 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 #07102 BY: Planning and Building Committee, Sue Ann Douglas, Chairperson IN RE: DRAIN COMMISSIONER – RECLASSIFY SAFETY PROJECTS COORDINATOR POSITION TO NEW ISO AND SAFETY SYSTEMS COORDINATOR CLASSIFICATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution #06235 reorganized the Drain Commissioner’s Department to improve efficiencies and enhance succession planning, effective 12/23/06; and WHEREAS ISO-9000 Coordination duties have decreased from the implementation phase to maintenance phase; and WHEREAS the reorganization reclassified an ISO Coordinator position to Chief – Drain Administrative Services and consolidated several administrative functions under this position; and WHEREAS changes to a vacant position of Safety Projects Coordinator were not concluded at the time of the reorganization; and Commissioners Minutes Continued. May 10, 2007 214 WHEREAS following discussion, the Human Resources Department and the Drain Commissioner propose to combine the functions of ISO Coordination, Safety Management, and Training by combining the ISO-9000 Coordinator and Safety Projects Coordinator classifications into one classification titled ISO and Safety Systems Coordinator, and to reclassify the existing PR-funded Safety Projects Coordinator position 6010101-10009 to the new classification; and WHEREAS ‘ISO Coordination’ includes department-wide activities to monitor and maintain current ISO certification and implement upgrades, ‘Safety management’ includes inspections of above and below ground facilities to identify and reduce hazardous situations and assure compliance with safety requirements, and ‘Training activities’ include development, coordination, and presentation of programs relevant to Drain Commissioner employee work needs; and WHEREAS the combined duties have been determined to be at a salary grade 13, overtime non-exempt; and WHEREAS the County Executive has reviewed this proposal and concurs. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the creation of the ISO and Safety Systems Coordinator classification, overtime non-exempt, at salary grade 13. BE IT FURTHER RESOLVED that the PR-funded Safety Projects Coordinator position (6010101-10009) be reclassified to ISO and Safety Systems Coordinator. BE IT FURTHER RESOLVED that the ISO Coordinator and Safety Projects Coordinator classifications be deleted. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Reports to Chief – Drain Administrative Services on file in County Clerk’s office. FISCAL NOTE (MISC. #07102) BY: Finance Committee, Mike Rogers, Chairperson IN RE: DRAIN COMMISSIONER – RECLASSIFY SAFETY PROJECTS COORDINATOR POSITION TO NEW ISO AND SAFETY SYSTEMS COORDINATOR CLASSIFICATION 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 Drain Commissioner is requesting to reclassify the existing proprietary funded Safety Projects Coordinator position to a new classification titled ISO and Safety Systems Coordinator to improve operating efficiencies and enhance future workload objectives. 2. Based on the Drain re-organization approved per Miscellaneous Resolution #06235, the ISO-9000 Coordination position was reclassified to Chief Drain Administrative Services with enhanced workload objectives. 3. This reclassification combines the duties of the ISO-9000 Coordination position and Safety Projects Coordinator into one new position classified as ISO and Safety Systems Coordinator determined to be a salary grade 13 with overtime non-exempt. 4. The annual cost for this reclassification is $3,785 and $1,456 for the remainder of Fiscal Year 2007. 5. The annual cost will be incorporated with the Fiscal Year 2008 and Fiscal Year 2009 County Executive Recommended Budget. 6. A budget amendment for Fiscal Year 2007 is recommended as follows: WATER AND SEWER TRUST FUND (#57010) FY 2007 Revenue 6010201-149030-632086 Sewage Disposal Services $ 728 6010201-149030-632450 Water Sales General $ 728 Total Revenue $ 1,456 Commissioners Minutes Continued. May 10, 2007 215 Expense 6010201-149030-702010 Salaries $ 1,059 6010201-149030-722740 Fringes $ 397 Total Expenses $ 1,456 Net Change in Fund $ -0- FINANCE COMMITTEE (The vote for this motion appears on page 221.) *MISCELLANEOUS RESOLUTION #07117 BY: Planning and Building Committee, Sue Ann Douglas, Chairperson IN RE: DRAIN COMMISSIONER – ROUGE RIVER – OAKLAND COMMUNITIES PUBLIC EDUCATION PROGRAM GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the United States Environmental Protection Agency’s Phase II Storm Water Regulations (“Phase II”) of the Federal Clean Water Act went into effect March 2003; and WHEREAS the Phase II regulations mandate that municipalities located within or near an “urbanized” area must be permitted under the National Pollutant Discharge Elimination Permit program; and WHEREAS in compliance with the Phase II regulations, the Oakland County Drain Commissioner applied and received coverage under the Municipal Separate Storm Sewer Systems Watershed General Permit (“Storm Water general permit”) for Oakland County; and WHEREAS the County of Wayne through the Rouge River National Wet Weather Demonstration Project has offered Federal grants to government entities for addressing and improving the water quality of the Rouge River; and WHEREAS the purpose of the grant is to enable the County and local units of government within the Rouge River Watershed to educate the public and municipal officials how to improve the water quality of the Rouge River; and WHEREAS public education will assist in restoring the water quality of the Rouge River and other river systems within Oakland County; and WHEREAS the Oakland County Drain Commissioner has applied for and was awarded $86,650.00 of Federal grant reimbursement from the County of Wayne; and WHEREAS the total project cost is $173,300.00 of which $86,650.00 is required from Oakland County as matching funds; and WHEREAS the required County match will be met with $31,120 of existing OCDC personnel time already assigned this task, as well as $55,530 of donated services; and WHEREAS no additional County personnel or monies are required, and all grant funds will go towards the Rouge-Oakland Public Education Activities Project; and WHEREAS the United States Environmental Protection Agency (USEPA) has established grant conditions and regulations that require the County to act as the responsible party with respect to the grant, including those provisions described within 40 C.F.R. Part 31; and WHEREAS the USEPA will supervise the grant and grant conditions in order that the grant be used in accordance with the requirements of the law; and WHEREAS acceptance of the reimbursement grant does not obligate the County to any future commitment; and WHEREAS the grant agreement has been approved through the County Executive’s Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the application and accepts reimbursement in the amount of $86,650 for the Rouge-Oakland Public Education Activities Project. BE IT FURTHER RESOLVED that the Drain Commissioner is authorized to sign the grant agreement and to approve grant modification and extensions, within fifteen (15) percent of the original award, consistent with the grant agreement approved. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Commissioners Minutes Continued. May 10, 2007 216 Copy of Grant Review Sign Off – Drain Commissioner’s Office, Rouge River National Wet Weather Demonstration Project Rouge River General Permit Projects Grant Agreement between the County of Wayne and the County of Oakland, and Attachment A Rouge Oakland Communities Public Education Efforts (RVIIB-05) Oakland County Drain Commissioner’s Office on file in County Clerk’s office. FISCAL NOTE (MISC. #07117) BY: Finance Committee, Mike Rogers, Chairperson IN RE: DRAIN COMMISSIONER – ROUGE RIVER – OAKLAND COMMUNITIES PUBLIC EDUCATION 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 Rouge-Oakland Public Education Activities Project is to enable Oakland County and local units of government to evaluate alternative approaches for controlling sources of water pollution, increase public education and assist in restoring the water quality of the Rouge River and other river systems within Oakland County. 2. The Rouge-Oakland Public Education Activities Project was awarded a Federal grant reimbursement from the County of Wayne in the amount of $86,650.00 and Oakland County will match the funds by 50%, or $86,650.00 for a total project cost of $173,300.00. 3. This is a one-time grant and therefore, indirect costs for this particular grant were not calculated in the County’s indirect cost plan. 4. The County match will be met with $31,120 of existing Drain Commissioner personnel time already assigned to this task, as well as $55,530 of other in-kind services from documented donations. No additional General Fund monies are required. 5. A budget amendment is recommended for the Fiscal Year 2007 Drain Commissioner’s budget for personnel cost to be charged to the Grant as follows: GENERAL FUND (#10100) FY 2007 Revenue 6010101-174450-631827 Reimbursement General ($31,120) Total Revenue Expenses 6010101-174450-702010 Salaries ($16,495) 6010101-174450-722740 Fringes ($14,625) Total Expenditures ($31,120) ROUGE OAKLAND COMMUNITIES PUBLIC ED. GRANT (29471 PROJECT GR0000000349 ACTIVITY ADM) Revenue 6010301-174450-610313 Federal Operating Grants $ 31,120 Total Revenue $ 31,120 Expenses 6010301-174450-702010 Salaries $ 16,495 6010301-174450-722740 Fringes $ 14,625 Total Expenditures $ 31,120 FINANCE COMMITTEE (The vote for this motion appears on page 221.) Commissioners Minutes Continued. May 10, 2007 217 *MISCELLANEOUS RESOLUTION #07118 BY: Planning and Building Committee, Sue Ann Douglas, Chairperson IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION APPROVING PROJECT PLAN (MARIAN HIGH SCHOOL, INC. PROJECT) – BLOOMFIELD TOWNSHIP To Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Economic Development Corporation of the County of Oakland (the "EDC") has recommended that the Board of Commissioners approves the Project Plan required by the Economic Development Corporations Act (the "Act") for the captioned Project, a copy of which has been presented to this meeting (the "Project Plan"); and WHEREAS the EDC's recommendations to the Board of Commissioners were based upon its determinations that the Project is reasonable and necessary to effectuate the purposes of the Act, that the Project Plan satisfies all of the requirements of the Act regarding project plans and that a letter of credit issued by a financial institution acceptable to the EDC will be available to pay debt service; and WHEREAS the governing body of Bloomfield Township, Oakland County, Michigan, has also approved the Project Plan and given its consent to the exercise of jurisdiction over the Project by the EDC; and WHEREAS the Board of Commissioners has held a public hearing to consider whether the Project Plan constitutes a public purpose as contemplated by the Act; and WHEREAS the Board of Commissioners, following such public hearing and its review of the Project Plan, hereby certifies, approves and concurs in the determinations of the EDC with respect thereto. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby determines that the Project Plan constitutes a public purpose as contemplated by the Act. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby certifies and approves the Project Plan. BE IT FURTHER RESOLVED that the EDC is hereby authorized to take such steps as are necessary to implement the Project and the financing thereof by the issuance of its limited obligation revenue bonds as contemplated by the Project Plan. BE IT FURTHER RESOLVED that the County Clerk is hereby directed to provide four certified copies of this resolution to the Assistant Secretary of the Board of the EDC. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Project Plan – Summary Description of Marian High School Project, Exhibit A Project Area Legal Description, Exhibit B Letter of Credit or Bond Purchaser’s Commitment Letter, Exhibit C Company Certificate Regarding Transfer of Employment and Exhibit D Company Certificate Regarding Payment of Prevailing Wages on file in County Clerk’s office. (The vote for this motion appears on page 221.) *MISCELLANEOUS RESOLUTION #07103 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 $850,392.86 (balance as of 2/28/07) 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 $644,570. Commissioners Minutes Continued. May 10, 2007 218 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the use of $644,570 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 on file in County Clerk’s office. FISCAL NOTE (MISC. #07103) BY: Finance Committee, Mike Rogers, 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 $869,194.62. (balance as of 4/20/07) are available in the Sheriff’s Office Law Enforcement Enhancement Account. 2. The Sheriff is requesting $644,570 of these funds be used to pay for equipment for SRT, Marine Unit, Training unit, Dispatch, and Investigative and Forensic Services unit in compliance with state law for the use of these funds. 3. Funds are held in fund #10100 - account #4030101-222430. The Fiscal Year 2007 budget is amended as follows: GENERAL FUND (#10100) FY 2007 Revenue 4030101-112580-670285 Enhancement Funds $ 644,570 Total General Fund Revenue $ 644,570 Expenditures 4030601-110000-750154 Patrol Svc Exp Equip $ 185,827 4030601-116200-750154 Patrol Svc Exp Equip $ 103,450 4030501-110110-750154 Emergency Response Training and Communication Expendable Equip. $ 288,150 4030501-116230-750154 Emergency Response Training and Communication Expendable Equip. $ 8,790 4030901-110060-750154 Investigative and Forensic Services Exp Equipment $ 58,353 Total General Fund Expenditures $ 644,570 FINANCE COMMITTEE (The vote for this motion appears on page 221.) *MISCELLANEOUS RESOLUTION #07104 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE – PAINT CREEK TRAILWAYS CONTRACT FOR LAW ENFORCEMENT SERVICES FOR THE 2007 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 2007 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 2007 season are included in the contract and approved by the Department of Management and Budget; and WHEREAS Corporation Counsel has approved this contract. Commissioners Minutes Continued. May 10, 2007 219 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 continuation of the additional 500 hours added per Miscellaneous Resolution #06129 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 Letter from Kristen Myers, Paintcreek Trailways Commission, email regarding #2007-0247 2007 Paint Creek Trailways Law Enforcement Services (Patrol Services) and Mounted Deputy Unit, and Paint Creek Trailways Contract for Sheriff Law Enforcement Services 2007 on file in County Clerk’s office. FISCAL NOTE (MISC. #07104) BY: Finance Committee, Mike Rogers, Chairperson IN RE: SHERIFF’S OFFICE – PAINT CREEK TRAILWAYS CONTRACT FOR LAW ENFORCEMENT SERVICES FOR THE 2007 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 2007 season. 2. The Oakland County Sheriff’s Office and Paint Creek Trailways proposed a contract for services involving the use of PTNE Mounted Deputies. 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 $8,590 in revenue and expenditures for Fiscal Year 2007. 6. A budget amendment for Fiscal Year 2007 is recommended as follows: GENERAL FUND (#10100) FY 2007 Revenue 4030601-110000-632093 Sheriff Special Deputies $ 8,590 Total General Fund Revenue $ 8,590 Expenditures 4030601-116181-702010 Salaries $ 7,881 4030601-116181-722740 Fringe Benefits $ 709 Total General Fund Expenditures $ 8,590 FINANCE COMMITTEE (The vote for this motion appears on page 221.) *MISCELLANEOUS RESOLUTION #07105 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: PROSECUTING ATTORNEY – USE OF FORFEITURE FUNDS – ALLIANCE OF COALITIONS FOR HEALTHY COMMUNITIES (ACHC) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS funds in the amount of $496,329.93 (balance as of 3/26/07) are currently deposited in the Prosecutor’s Seized Funds Deferred Revenue account (222440), from the reimbursement of expenses associated with forfeiture proceedings; and WHEREAS the Oakland County Prosecutor’s Office is requesting a portion of these funds ($2,000) be used to fund an innovative campaign to combat underage drinking, referred to as “Project Sticker Shock”; and Commissioners Minutes Continued. May 10, 2007 220 WHEREAS the Oakland County Prosecutor’s Office has partnered with the Alliance of Coalitions for Healthy Communities (ACHC) to coordinate and manage this campaign; and WHEREAS the ACHC is the umbrella organization which represents fifteen (15) community coalitions fighting drug and alcohol abuse which are currently operating in Oakland County, as follows: Birmingham/Bloomfield Community Coalition Clarkston Coalition for Youth Clawson Community Coalition Greater West Bloomfield Community Coalition Highland Township Coalition for Youth and Families Holly Area Youth Coalition Lyon Area Youth Coalition Madison Heights Community Family Coalition Novi Community That Cares Rochester/Auburn Hills Community Coalition Royal Oak Prevention Coalition Southeast Oakland Coalition (Ferndale, Pleasant Ridge, Hazel Park) Tri-Community Coalition (Berkley, Huntington Woods, Oak Park) Troy Community Coalition Waterford Community Coalition; and WHEREAS each of the 15 participating community coalitions will select retail outlets which sell alcohol in these communities to work with Project Sticker Shock. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorize the transfer of $2,000 from funds currently deposited in the Prosecutor’s Seized Funds Deferred Revenue account (222440) to support Project Sticker Shock, an initiative aimed at deterring underage drinking, to be administered by the Alliance of Coalitions for Healthy Communities. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE FISCAL NOTE (MISC. #07105) BY: Finance Committee, Mike Rogers, Chairperson IN RE: PROSECUTING ATTORNEY – USE OF FORFEITURE FUNDS – ALLIANCE OF COALITIONS FOR HEALTHY COMMUNITIES (ACHC) 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 $498,549.13 (balance as of 4-25-07) are currently deposited in the Prosecutor’s Seized Funds Deferred Revenue account (222440) from the reimbursement of expenses associated with forfeiture proceedings. 2. The Oakland County Prosecuting Attorney’s Office is requesting a portion of these funds, $2,000, to be used to fund an innovative campaign to combat underage drinking, referred to as “Project Sticker Shock”. 3. Oakland County has partnered with the Alliance of Coalitions for Healthy Communities (ACHC), which represents fifteen (15) community coalitions, to coordinate and manage this campaign. 4. A budget amendment is recommended to transfer funding from the Prosecuting Attorney’s Seized Funds Deferred Revenue account (#222440) to the Fiscal Year 2007 budget as follows: GENERAL FUND (#10100) FY 2007 Prosecuting Attorney Revenue 4010101-123030-670285 Enhancement Funds $2,000 $2,000 Prosecuting Attorney Expenditure 4010101-111020-731458 Professional Services $2,000 $2,000 FINANCE COMMITTEE (The vote for this motion appears on page 221.) Commissioners Minutes Continued. May 10, 2007 221 *MISCELLANEOUS RESOLUTION #07119 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: COUNTY EXECUTIVE – EMERGENCY RESPONSE AND PREPAREDNESS – AUTHORIZING RESOLUTION FOR A REVISED SOUTHEAST MICHIGAN MUTUAL AID AGREEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS under the authority of Public Act 390 of the Public Acts of the State of Michigan of 1976, as amended, Counties have established emergency management programs; and WHEREAS MCL 30.410(2) allows municipalities and counties to enter into mutual aid or reciprocal aid agreements with other communities; and WHEREAS a mutual aid agreement between the southeast Michigan Counties was developed to allow for a more effective and efficient exchange of services and resources in the event of a major disaster; and WHEREAS the agreement establishes procedures to request mutual assistance if one or more counties becomes affected by, or is under imminent threat of a disaster, emergency, or other serious threat to public health or safety and will allow for the provision of any equipment, services, or facilities owned or organized by the counties for use in the affected area upon request of the duly constituted authority of the area; and WHEREAS the agreement provides for the conditions governing reimbursement for assistance and issues concerning insurance and liability coverage; and WHEREAS the Oakland County Board of Commissioners adopted a Mutual Aid Agreement between the Counties of Macomb, Monroe, Oakland, St. Clair, Washtenaw, and Wayne through Miscellaneous Resolution #05181 on September 1, 2005; and WHEREAS the revised Southeast Michigan Mutual Aid Agreement adds language to include the City of Detroit and local city, villages, and townships therein. NOW THEREFORE BE IT RESOLVED that in order to maximize the prompt, full and effective use of resources of all participating governments in the event of an emergency or disaster, the Oakland County Board of Commissioners hereby adopts the new Southeast Michigan Mutual Aid Agreement, which is attached hereto and incorporated by reference. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is directed to execute the agreement on behalf of Oakland County. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Southeast Michigan Mutual Aid Agreement on file in Count Clerk’s office. Vote on Resolutions on the Consent Agenda: AYES: Burns, Coulter, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Woodward, Zack, Bullard. (22) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda, were adopted (with accompanying reports being accepted). MISCELLANEOUS RESOLUTION #07120 BY: Finance Committee, Mike Rogers, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET/EQUALIZATION DIVISION – CREATION OF ONE (1) EQUALIZATION FIELD SUPERVISOR POSITION AND APPROVAL OF CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH THE CITY OF BIRMINGHAM 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 Commissioners Minutes Continued. May 10, 2007 222 WHEREAS the City of Birmingham agrees to pay the sum of $17.64 per parcel for 9,648 real property parcels and $12.88 per parcel for 1,789 personal property parcels for a total contract value of $193,233; and WHEREAS the contract will begin on the effective date as approved by the Chairman of the Board of Commissioners and shall terminate on June 30, 2010 and the creation of the position will be effective October 1, 2007; and WHEREAS provision of these services will require one additional Equalization Field Supervisor position which will be fully funded by contract revenue. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorize the creation of one (1) full time eligible GF/GP Equalization Field Supervisor position effective October 1, 2007. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby approves entering into the attached Contract for Oakland County Equalization Division Assistance Services with the City of Birmingham for assessment of real and personal property. BE IT FURTHER RESOLVED that the continuation of the Equalization Field Supervisor position is contingent upon continuation of sufficient contractual funding to cover its cost. BE IT FURTHER RESOLVED that the Board of Commissioners’ Chairperson is authorized to sign this contract. BE IT FURTHER RESOLVED that the effects of this contract will be factored into the Fiscal Year 2008/2009 County Executive Recommended Budget: GENERAL FUND (#10100) FY 2008 Revenue 1020501-186020-631813 Reimb Equalization Svcs $193,233 $193,233 Expenditures 1020501-173020-702010 Salaries $ 60,096 1020501-173020-722740 Fringe Benefits 22,536 1020501-173020-731346 Personal Mileage 1,008 1020501-173020-774636 Info Tech Operations 2,372 1020501-173020-778675 Telephone Communications 152 1020501-173020-730359 Contingency 105,685 Total Operating Exp. $191,849 Capital Costs 1020501-173020-788001-63600 Trfrs to Info Tech $ 1,234 1020501-173020-788001-67500 Trfrs to Telephone 150 Total Capital Cost $ 1,384 Total General Fund Expenditures $193,233 INFORMATION TECHNOLOGY FUND (#63600) Revenue 1080101-152000-695500-10100 Trf in General Fund $ 1,234 1080101-152000-631372 OC Depts Operations 2,372 Total Info Tech Revenue $ 3,606 Expenditure 1080601-152010-750154 Exp Equipment $ 1,234 Total Info Tech Expenditure $ 1,234 Info Tech- Estimated Change in Fund Equity $ 2,372 TELEPHONE FUND (#67500) Revenue 1080601-152000-695500-10100 Trf in General Fund $ 150 1080601-152000-632009 Sale Phone Svc Internal 152 Total Telephone Fund Revenues $ 302 Expenditure 1080601-152000-730324 Communication $ 150 1080601-152000-731969 Transfer to Reserve 152 Total Telephone Fund Expenditures $ 302 Estimated Change in Fund Equity $ -0- Commissioners Minutes Continued. May 10, 2007 223 BE IT FURTHER RESOLVED that the Oakland County Clerk shall receive and file the executed contract with the aforementioned municipality as required by law. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Proposed Funding for Equalization Division Assistance Services contracts revenue, Contract for Oakland County Equalization Division Assistance Services with the City of Birmingham (real and personal property services) on file in County Clerk’s office. The Chairperson referred the resolution to the Personnel Committee. There were no objections. MISCELLANEOUS RESOLUTION #07121 BY: General Government Committee, Christine A. Long, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – REVISION OF ACCESS OAKLAND MASTER FEE STRUCTURE TO INCLUDE ELECTRONIC CHECK FEE 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 #06201 dated October 19, 2006, approved the current Master Fee Structure for all Oakland County enhanced access products and services; and WHEREAS the CVT Property Sales Report - Subscription and the Recorded Document Type Report - Subscription products are now available under the Recorded Document Profile product and should be deleted from the Master Fee Schedule; and WHEREAS the County Treasurer recognizes the need for the option of acceptance of payment via electronic check; and WHEREAS the new payment option will allow citizens without credit cards the ability to make payments for products available via the Oakland County web site; and WHEREAS the Department of Information Technology has agreed to amend the Master Fee Structure to remove the CVT Property Sales Report – Subscription and Recorded Document Type Report – Subscription and to include the new electronic check payment option; 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 Access Oakland Master Fee Structure (copy attached) which includes the aforementioned modifications. Chairperson, on behalf of the General Government Committee, I move adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Access Oakland Master Fee Structure on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. Commissioners Minutes Continued. May 10, 2007 224 MISCELLANEOUS RESOLUTION #07122 BY: General Government Committee, Christine A. Long, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – PAY LOCAL TAXES.COM AGREEMENT WITH THE IDENTIFIED CITIES, TOWNSHIPS AND VILLAGES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS as provided by Public Act 462 of 1996, the Enhanced Access to Public Records Act, the Board of Commissioners, in Miscellaneous Resolution #97165 dated August 14, 1997, adopted the Oakland County Enhanced Access to Public Records Policy; and WHEREAS the Oakland County Board of Commissioners approved a revised @ccess Oakland Master Fee Structure in Miscellaneous Resolution #03279 dated October 16, 2003, which included a pricing schedule for online credit card payments; and WHEREAS the Oakland County Department of Information Technology has implemented a procedure that affords County taxpayers the convenience of using credit cards for the payment of delinquent property taxes to the County Treasurer; and WHEREAS each City, Village and Township in Oakland County (hereafter, “Municipality”) pursuant to the General Property Tax Act (MCL 211.1, et seq.) receives and collects current property taxes payments on taxable property located within its geographic boundaries; and WHEREAS by utilizing similar technology, the Department of Information Technology has developed a model program called “PayLocalTaxes.Com” which the Department could make available to all County Municipalities to afford taxpayers the convenience of utilizing an internet based, credit card payment option to pay their current property taxes; and WHEREAS the state law allows the County to provide such services in conjunction with a Municipality pursuant to an agreement between the County and the Municipality; and WHEREAS the Municipalities listed below, to date, have expressed an interest in entering such an agreement with the County to use the County’s “PayLocalTaxes.Com” services. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves entering into the attached PAY LOCAL TAXES.COM AGREEMENT (the “Agreement,” copy attached and incorporated herein) with each of the following Municipalities upon the terms and conditions stated in this Agreement: City of The Village of Clarkston Village of Bingham Farms Charter Township of Brandon City of Farmington Village of Leonard Township of Groveland City of Lake Angelus Village of Ortonville City of Rochester City of Southfield BE IT FURTHER RESOLVED that upon receipt of an executed PAY LOCAL TAXES.COM AGREEMENT and all other required assurances and documentation from any of the above Municipalities, the Board of Commissioners’ Chairperson is authorized to sign and finalize this Agreement with the Municipality on behalf of the County. BE IT FURTHER RESOLVED that upon receipt of an executed Agreement from any of the above listed Municipalities, along with the appropriate certified resolution from the Municipality’s governing body, and any other Municipality assurances and documentation required in the Agreement, the Oakland County Clerk shall obtain the Board of Commissioners’ Chairperson signature on the Agreement, shall file a copy of this fully-executed Agreement in the official Oakland County Board of Commissioner records maintained in his Office, and shall also forward a copy of this fully-executed Agreement to the Secretary of State as required by law. Chairperson, on behalf of the General Government Committee, I move adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Pay Local Taxes.Com Agreement on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. Commissioners Minutes Continued. May 10, 2007 225 REPORT BY: General Government Committee, Christine A. Long, Chairperson IN RE: BOARD OF COMMISSIONERS – APPOINTMENT TO THE SOLID WASTE PLANNING COMMISSION – ENVIRONMENTAL INTEREST GROUP REPRESENATIVE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having met on April 30, 2007, hereby recommends that Randall Young be appointed to the Solid Waste Planning Commission as an Environmental Interest Group Representative to a term expiring October 11, 2007. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Copy of Oakland County Board of Commissioners Application Form for Appointment to Boards, Committees and Commissions on file in County Clerk’s office. Moved by Long supported by Hatchett the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Long supported by Hatchett the appointment of Randall Young to the Solid Waste Planning Commission for a term ending October 11, 2007, be confirmed. Vote on appointment: AYES: Coulter, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Woodward, Zack, Bullard, Burns. (22) NAYS: None. (0) A sufficient majority having voted in favor, the appointment was confirmed. REPORT (MISC. #07088) BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – REQUIRE FURTHER REDUCTION OF COBO HALL EXPANSION COSTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #07088 on April 16, 2007, reports with a recommendation that the resolution be amended, as follows: 1. Amend the 6th WHEREAS paragraph by adding quotes around the words “construction costs” in both places. 2. Amend the NOW THEREFORE BE IT RESOLVED paragraph, as follows: NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners cannot support the approximately $1,000,000,000.00 plan set forth, and that it further recommends that alternative funding sources be found and used for this Cobo Hall expansion. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Commissioners Minutes Continued. May 10, 2007 226 MISCELLANEOUS RESOLUTION #07088 BY: Robert M. Gosselin, District #13 IN RE: BOARD OF COMMISSIONERS – REQUIRE FURTHER REDUCTION OF COBO HALL EXPANSION COSTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners are an elected body of legislators whose responsibilities include accurate and respectful choices with regard to financial decision making; and WHEREAS the Oakland County Board of Commissioners respect the seriousness of the financial downturn in the State of Michigan, and specifically in Oakland County; and WHEREAS the Oakland County Board of Commissioners does not wish to inter further financial burden on the residents or businesses in Oakland County; and WHEREAS Wayne County and the City of Detroit are benefiting from hotel/motel/liquor taxes in the amount of approximately $20,000,000.00 annually from a tax increase dedicated to their needs by Oakland County taxpayers; and WHEREAS a recent request from Detroit for additional financial aid to help with an expansion of Cobo Hall, a project with a $1,000,000,000.00 price tag; and WHEREAS there is no acceptable reason for the taxpayers of Oakland County to pay for construction costs which are excessive: Rock Showplace construction equals $56.25/square foot compared to current projected construction costs for Cobo Hall expansion that equal $3,585.00/square foot; and WHEREAS the Oakland County Board of Commissioners recognizes the great financial difficulty this Cobo Hall expansion presents, we respectfully recommend that private sector resources be sought and used for this project. NOW THEREFORE BE IT RESOLED that the Oakland County Board of Commissioners cannot support the approximately $1,000,000,000.00 plan set forth, and that it further recommends that alternative funding sources be found and used for this Cobo Hall expansion. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners requests Oakland County Clerk, Ruth Johnson, to forward copies of this adopted resolution to Governor Jennifer Granholm, Senate Majority Leader Michael Bishop and other Oakland and Wayne County Senators, Speaker of the House Andy Dillon and other Oakland and Wayne County State Representatives, Wayne County Executive Robert Ficano, and Detroit Mayor Kwame Kilpatrick. Chairperson, we move the adoption of the foregoing resolution. ROBERT GOSSELIN, BILL BULLARD, EILEEN KOWALL, JEFF POTTER, MIKE ROGERS, HUGH CRAWFORD, SUE ANN DOUGLAS, MICHAEL GINGELL, BRADFORD JACOBSEN, CHRISTINE LONG, DAVID POTTS, JOHN SCOTT Moved by Long supported by Gosselin the resolution be adopted. Moved by Long supported by Gosselin the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Long supported by Gosselin the resolution be amended to coincide with the recommendation in the General Government Committee Report. A sufficient majority having voted in favor, the amendment carried. Discussion followed. Chairperson Bill Bullard, Jr. called for a 30 second break to allow the Youth In Government Day visitors to exit the auditorium. Chairperson Bill Bullard, Jr. called the meeting back to order. Commissioners Minutes Continued. May 10, 2007 227 Continued Discussion followed. Moved by Hatchett supported by Douglas to call the question. Chairperson Bill Bullard, Jr. referred to Judy Cunningham of Corporation Counsel in regards to calling the question. Vote on resolution, as amended: AYES: Douglas, Gingell, Gosselin, Jacobsen, Long, Middleton, Potts, Scott, Bullard. (9) NAYS: Gershenson, Gregory, Greimel, Hatchett, Nash, Potter, Rogers, Spector, Suarez, Woodward, Zack. (13) A sufficient majority not having voted in favor, the resolution, as amended, failed. REPORT (MISC. #07090) BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR NEGOTIATIONS TOWARD A REALISTIC AND AFFORDABLE EXPANSION OF COBO CENTER IN ORDER TO IMPROVE THE REGION’S ECONOMY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #07090 on April 16, 2007, reports with a recommendation that the resolution be amended, as follows: 1. Delete the 1st and 2nd BE IT FURTHER RESOLVED paragraphs. 2. Amend the 3rd BE IT RESOLVED paragraph, as follows: BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby urges Oakland County Executive L. Brooks Patterson, on behalf of Oakland County, to continue to earnestly and sincerely negotiate work with other regional leaders in order to find a realistic, affordable, and sustainable means of regionally funding an expansion of Cobo Center. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #07090 BY: Tim Greimel, District #11 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR NEGOTIATIONS TOWARD A REALISTIC AND AFFORDABLE EXPANSION OF COBO CENTER IN ORDER TO IMPROVE THE REGION’S ECONOMY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Detroit Auto Dealers Association has hosted the North American International Auto Show and its predecessor auto shows in the City of Detroit for 100 years; and WHEREAS the North American International Auto Show contributes nearly $600 million to Michigan’s economy each year, of which nearly $500 million benefits the Michigan economy outside of the City of Detroit; and WHEREAS the Detroit Auto Dealers Association has long supported an expansion of Cobo Center in order to ensure that the North American International Auto Show remains in southeastern Michigan and retains its world-class status; and WHEREAS the Detroit Auto Dealers Association has called for transforming Cobo Center into a research and exhibition center for new automotive and alternative energy technologies; and WHEREAS the Detroit Regional Chamber of Commerce recognizes the importance of maintaining the global preeminence of the North American International Auto Show; and WHEREAS the Detroit Regional Chamber of Commerce conceptually supports the Detroit Auto Dealers Association’s proposal for expansion and use of Cobo Center as a community asset coordinated with the strengths of the business community in our region; and Commissioners Minutes Continued. May 10, 2007 228 WHEREAS funding an expansion of Cobo Center through the proliferation of additional gambling facilities would require statewide voter approval to amend or rescind Proposal 1, which was approved by approximately 58% of Michigan voters. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby supports a regional approach to the expansion of Cobo Center in order to improve southeastern Michigan’s economy and business climate. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby rejects the proliferation of additional gambling facilities as a realistic and appropriate means of funding the expansion of Cobo Center. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby declares that it is currently premature to officially accept or reject any proposal regarding the expansion of Cobo Center because earnest and sincere negotiations regarding a realistic, affordable and sustainable means of regionally funding an expansion of Cobo Center have not yet occurred. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby urges Oakland County Executive L. Brooks Patterson, on behalf of Oakland County, to earnestly and sincerely negotiate with other regional leaders in order to find a realistic, affordable, and sustainable means of regionally funding an expansion of Cobo Center. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby urges Oakland County Executive L. Brooks Patterson, on behalf of Oakland County, to thoroughly explore the possibility of private, state, and federal sources of funding for the expansion of Cobo Center in order to minimize the burden on Oakland County taxpayers, residents, and businesses of funding such an expansion. Chairperson, we move the adoption of the foregoing resolution. TIM GREIMEL, DAVE WOODWARD, MATTIE HATCHETT, JIM NASH, HELAINE ZACK, DAVID COULTER, KAREN SPECTOR, TIM BURNS, VINCENT GREGORY, GEORGE SUAREZ, MARCIA GERSHENSON Moved by Greimel supported by Coulter the resolution be adopted. Moved by Greimel supported by Coulter the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Greimel supported by Coulter the resolution be amended to coincide with the recommendation in the General Government Committee Report. A sufficient majority having voted in favor, the amendment carried. Discussion followed. Moved by Greimel supported by Rogers the resolution be tabled indefinitely. Chairperson Bill Bullard, Jr. asked for a point of clarification for proper parliamentary procedure from Judy Cunningham from Corporation Counsel regarding the resolution. Judy Cunningham stated motion to table indefinitely would be the correct parliamentary procedure. Vote to table indefinitely: AYES: Gershenson, Gregory, Greimel, Hatchett, Nash, Potts, Rogers, Spector, Suarez, Woodward, Zack, Burns, Coulter. (13) NAYS: Gingell, Gosselin, Jacobsen, Long, Middleton, Potter, Scott, Bullard, Douglas. (9) A sufficient majority having voted in favor, the resolution was tabled indefinitely. Commissioners Minutes Continued. May 10, 2007 229 Commissioner Middleton stated there were no items to report for the Personnel Committee on the Regular Agenda. Chairperson Bill Bullard, Jr. set two Public Hearings. The first one is May 24, 2007 at 9:40 a.m. regarding Waste Resource Management Unit – Resolution Approving the Provisions of a Brownfield Plan for 4700 Lapeer Road in the Charter Township of Orion. The second one is May 24, 2007 at 9:45 a.m. regarding Planning and Economic Development Services Division – Resolution Approving Project Plan (Straith Hospital for Special Surgery Project) – City of Southfield. MISCELLANEOUS RESOLUTION #07101 BY: Planning and Building Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – APPROVAL AND ACCEPTANCE OF LEASE AGREEMENT WITH MICHIGAN BELL TELEPHONE COMPANY (AT&T MICHIGAN), EQUIPMENT ROOM, OAKLAND COUNTY COURTHOUSE BASEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Bell Telephone Company (AT&T Michigan) has provided and operated the County’s Centrex telephone system and related features and equipment from the basement of the Oakland County Courthouse since 1988; and WHEREAS the County presently operates its own primary telephone system; and WHEREAS the Centrex telephone system, as provided and operated by Michigan Bell Telephone Company, is presently utilized as a backup telephone system; and WHEREAS the Department of Facilities Management, with the assistance of Corporation Counsel, has negotiated the terms and conditions of the attached new lease with representatives of the Michigan Bell Telephone Company (AT&T Michigan); and WHEREAS pursuant to the terms and conditions of said lease, the agreement states that in lieu of rent the Michigan Bell Telephone Company will continue to use approximately 654-sf of equipment room space in the basement of the Oakland County Courthouse for the purpose of providing, operating and maintaining an emergency backup telephone system, and the County will furnish all lighting, heat and electricity; and WHEREAS the term of the lease shall commence on March 20, 2007, and shall expire on March 19, 2012, unless terminated pursuant to the terms of the attached lease agreement; 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 Michigan Bell Telephone Company (AT&T Michigan). 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 Michigan Bell Telephone Company (AT&T Michigan). Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Acceptance and Approval of Lease Agreement Michigan Bell Telephone Company (AT&T Michigan) Room C-21-B, 1200 North Telegraph Rd, Lease Agreement and Exhibit 1 Ameritech Services on file in County Clerk’s office. Commissioners Minutes Continued. May 10, 2007 230 FISCAL NOTE (MISC. #07101) BY: Finance Committee, Mike Rogers, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – APPROVAL AND ACCEPTANCE OF LEASE AGREEMENT WITH MICHIGAN BELL TELEPHONE COMPANY (AT&T MICHIGAN), EQUIPMENT ROOM, OAKLAND COUNTY COURTHOUSE BASEMENT 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 Michigan Bell Telephone Company (AT&T Michigan). 2. Under terms and conditions of the lease agreement and in lieu of rent, the Michigan Bell Telephone Company will continue to use approximately 654 square feet of equipment room space in the basement of the Oakland County Courthouse for the purpose of providing, operating and maintaining an emergency backup telephone system for the County and the County will furnish all lighting, heat and electricity. 3. The term of the lease commences March 20, 2007 and expires March 19, 2012. 4. No General Fund/General Purpose amendment is required. FINANCE COMMITTEE Moved by Douglas supported by Middleton the resolution (with fiscal note attached) be adopted. AYES: Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Woodward, Zack, Bullard, Burns, Coulter, Douglas, Gershenson. (22) NAYS: None. (0) A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted. REPORT (MISC. #07085) BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF’S OFFICE – POLICE DISPATCH SERVICE FOR THE CITY OF LAKE ANGELUS 2007 - 2012 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Public Services Committee having reviewed Miscellaneous Resolution #07085 on May 1, 2007 Reports with the recommendation the resolution be amended as follows: The eighth WHEREAS to read as follows: “WHEREAS the actual cost to provide Dispatch services is directly related to the average residents per FTE Officer and the average number of calls per FTE officer rather than the number of FTE Officers in the jurisdiction; very significantly reduced in jurisdictions of fewer than 1500 in population and four (4) or fewer FTE’s; and” The NOW THEREFORE BE IT RESOLVED paragraph to read as follows: “NOW THEREFORE BE IT RESOLVED that the cost to provide Dispatch services to the City of Lake Angelus be based on the cost of one (1) FTE officer as follows: 2007: $ 4,565.00 $ 4,565.00 2008: 4,702.00 9,403.98 2009: 4,984.00 9,967.98 2010: 5,134.00 10,267.98 2011: 5,288.00 10,575.96 2012: 5,446.00 “ Chairperson, on behalf of the Public Services Committee, I move the acceptance of the foregoing report. PUBLIC SERVICES COMMITTEE Commissioners Minutes Continued. May 10, 2007 231 MISCELLANEOUS RESOLUTION #07085 BY: Thomas Middleton, District #4 and John A. Scott, District #5 IN RE: SHERIFF’S OFFICE – POLICE DISPATCH SERVICE FOR THE CITY OF LAKE ANGELUS 2007 - 2012 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 Police Dispatch services; and WHEREAS at the request of the City of Lake Angelus the Sheriff’s Office has provided such services to the City of Lake Angelus in the past; and WHEREAS the Sheriff’s Office charges for Dispatch services based on the number of FTE’s in a community; and WHEREAS the average number of residents per FTE officer/deputy is 905.89; and WHEREAS the average number of calls per FTE Officer/Deputy is 517.96; and WHEREAS the average number of residents per FTE Officer in Lake Angelus is 77.25; and WHEREAS the average number of calls per FTE Officer in 2006 in the City of Lake Angelus was 110.5; and WHEREAS the actual cost to provide Dispatch services is directly related to the average residents per FTE Officer and the average number of calls per FTE officer rather than the number of FTE Officers in the jurisdiction; and WHEREAS the City of Lake Angelus is significantly below the average residents per FTE officer and the average number of calls per FTE Officer. NOW THEREFORE BE IT RESOLVED that the cost to provide Dispatch services to the City of Lake Angelus be based on the cost of one (1) FTE officer as follows: 2007: $4,565.00 2008: $4,702.00 2009: $4,984.00 2010: $5,134.00 2011: $5,288.00 2012: $5,446.00 Chairperson, we move adoption of the foregoing resolution. THOMAS MIDDLETON, JOHN SCOTT The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #07123 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF’S OFFICE – POLICE DISPATCH SERVICE FOR THE CITY OF LAKE ANGELUS FOR 2007 – 2012 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 Police Dispatch services; and WHEREAS at the request of City of Lake Angelus the Sheriffs Office has provided such services to the City of Lake Angelus in the past; and WHEREAS the City of Lake Angelus has requested that the Sheriff’s Office dispatch their police calls; and WHEREAS Corporation Counsel has reviewed this contract and is in agreement with the attached dispatch agreement; and WHEREAS the Sheriff’s Office along with the Department of Management and Budget is recommending the attached contract for dispatching services between the County of Oakland and City of Lake Angelus. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board to enter into the attached Police Dispatch Agreement with City of Lake Angelus. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Commissioners Minutes Continued. May 10, 2007 232 Copy of 2007 – 2012 Police Dispatch Service Agreement between the County of Oakland and the City of Lake Angelus on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. REPORT (MISC. #07086) BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF’S OFFICE – POLICE DISPATCH SERVICE FOR THE CITY OF THE VILLAGE OF CLARKSTON 2007 – 2012 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Public Services Committee having reviewed Miscellaneous Resolution #07086 on May 1, 2007 Reports with the recommendation the resolution be amended as follows: The seventh WHEREAS to read as follows: “WHEREAS the average number of calls per FTE Officer in 2006 in the City of the Village of Clarkston was 310 223; and The eighth WHEREAS to read as follows: “WHEREAS the actual cost to provide Dispatch services is directly related to the average residents per FTE Officer and the average number of calls per FTE officer rather than the number of FTE Officers in the jurisdiction; very significantly reduced in jurisdictions of fewer than 1500 in population and four (4) or fewer FTE’s; and” The NOW THEREFORE BE IT RESOLVED paragraph to read as follows: “NOW THEREFORE BE IT RESOLVED that the cost to provide Dispatch services to the City of the Village of Clarkston be based on the cost of one (1) FTE officer as follows: 2007: $ 4,565.00 $ 4,565.00 2008: 4,702.00 7,053.00 2009: 4,984.00 7,476.00 2010: 5,134.00 7,701.00 2011: 5,288.00 7,932.00 2012: 5,446.00 “ Chairperson, on behalf of the Public Services Committee, I move the acceptance of the foregoing report. PUBLIC SERVICES COMMITTEE MISCELLANEOUS RESOLUTION #07086 BY: Thomas Middleton, District #4 and John A. Scott, District #5 IN RE: SHERIFF’S OFFICE – POLICE DISPATCH SERVICE FOR THE CITY OF THE VILLAGE OF CLARKSTON 2007 – 2012 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 Police Dispatch services; and WHEREAS at the request of the City of the Village of Clarkston the Sheriff’s Office has provided such services to the City of the Village of Clarkston in the past; and WHEREAS the Sheriff’s Office charges for Dispatch services based on the number of FTE’s in a community; and WHEREAS the average number of residents per FTE Officer/Deputy is 905.89; and WHEREAS the average number of calls per FTE Officer/Deputy is 517.96; and WHEREAS the average number of residents per FTE Officer in the Village of Clarkston is 325.66; and WHEREAS the average number of calls per FTE Officer in 2006 in the City of the Village of Clarkston was 310; and WHEREAS the actual cost to provide Dispatch services is directly related to the average residents per FTE Officer and the average number of calls per FTE officer; and WHEREAS the City of the Village of Clarkston is significantly below the average residents per FTE officer and the average number of calls per FTE Officer. Commissioners Minutes Continued. May 10, 2007 233 NOW THEREFORE BE IT RESOLVED that the cost to provide Dispatch services to the City of the Village of Clarkston be based on the cost of one (1) FTE officer as follows: 2007: $4,565.00 2008: $4,702.00 2009: $4,984.00 2010: $5,134.00 2011: $5,288.00 2012: $5,446.00 Chairperson, we move adoption of the foregoing resolution. THOMAS MIDDLETON, JOHN SCOTT The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #07124 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF’S OFFICE – POLICE DISPATCH SERVICE FOR THE CITY OF THE VILLAGE OF CLARKSTON FOR 2007-2012 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 Police Dispatch services; and WHEREAS at the request of The City of the Village of Clarkston the Sheriffs Office has provided such services to The City of the Village of Clarkston in the past; and WHEREAS The City of the Village of Clarkston has requested that the Sheriff’s Office dispatch their police calls; and WHEREAS Corporation Counsel has reviewed this contract and is in agreement with the attached dispatch agreement; and WHEREAS the Sheriff’s Office along with the Department of Management and Budget is recommending the attached contract for dispatching services between the County of Oakland and The City of the Village of Clarkston. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board to enter into the attached Police Dispatch Agreement with The City of the Village of Clarkston. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of 2007 – 2012 Police Dispatch Service Agreement between the County of Oakland and City of The Village of Clarkston on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #07125 BY: Robert M. Gosselin, District #13 IN RE: BOARD OF COMMISSIONERS – SUPPORT SB 438, 439, TO INCLUDE VOTER REGISTRATION ON LICENSE APPLICATIONS FOR HUNTING, FISHING, FUR HARVESTING To the Oakland County Board of Commissioners Chairperson, Ladies, and Gentlemen: WHEREAS the State of Michigan is investing in the improved education and participation of the People of the State of Michigan; and WHEREAS providing greater opportunity for Michiganians to register to vote, and then to vote; and WHEREAS the State of Michigan can provide another opportunity for voter registration by providing a space on applications for hunting, fishing, and fur harvesting licenses; and WHEREAS we, the Commissioners of Oakland County also support increased opportunities for voter registration; and Commissioners Minutes Continued. May 10, 2007 234 WHEREAS this resolution will make known to the Michigan Senate, the Michigan House of Representatives, the Michigan Secretary of State and the Director of Elections for the State of Michigan, the Oakland County Board of Commissioners supports SB 438 and SB 439. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners is requesting that the Michigan State Legislature approve SB 438, and SB 439 to help register more citizens to vote. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners respectfully requests Oakland County Clerk, Ruth Johnson, to forward copies of this adopted resolution to Governor Jennifer Granholm, Senate Majority Leader Michael Bishop and other Oakland County Senators, Speaker of the House Andy Dillon and other Oakland County State Representatives; and Secretary of State Terri Lynn Land. Chairperson, we move the foregoing resolution. ROBERT GOSSELIN, SUE ANN DOUGLAS, MICHAEL GINGELL, BRADFORD JACOBSEN, CHRISTINE LONG, THOMAS MIDDLETON, DAVID POTTS, JOHN SCOTT The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #07126 BY: Robert M. Gosselin, District #13 IN RE: BOARD OF COMMISSIONERS – SUPPORT OF SENATE BILLS 440, 441, 442, 443 TO PROTECT HUNTING AND FISHING ON STATE OWNED PROPERTY IN MICHIGAN UNDER THE DEPARTMENT OF NATURAL RESOURCES To the Oakland County Board of Commissioners Chairperson, Ladies, and Gentlemen: WHEREAS the State of Michigan is a beautiful property with wildlife, fish, and water; and WHEREAS the Department of Natural Resources (DNR) oversees the use and preservation of the natural resources of the State of Michigan; and WHEREAS the State of Michigan has a wealth of State owned property that provides hunting, fishing, and fur harvesting; and WHEREAS residents of Michigan can obtain licenses to hunt, fish, and harvest fur on State owned land, we, the Commissioners of Oakland County, support Senate Bills, 440, 441, 442, and 443, as a means of protecting the interests of those who hunt, fish, and fur harvest on Michigan owned property. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners is supporting the right of Michiganians to hunt, fish, and fur harvest, on State owned property under the regulation of the Department of Natural Resources (DNR) as specified in the above listed Senate Bills. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners respectfully requests Oakland County Clerk, Ruth Johnson, to forward copies of this adopted resolution to Governor Jennifer Granholm, Senate Majority Leader Michael Bishop and other Oakland County Senators, Speaker of the House Andy Dillon and other Oakland County State Representatives. Chairperson, we move the foregoing resolution. ROBERT GOSSELIN, SUE ANN DOUGLAS, MICHAEL GINGELL, BRADFORD JACOBSEN, CHRISTINE LONG, JEFF POTTER, DAVID POTTS, MIKE ROGERS, JOHN SCOTT The Chairperson referred the resolution to the General Government Committee. There were no objections. Commissioners Minutes Continued. May 10, 2007 235 MISCELLANEOUS RESOLUTION #07127 BY: Robert M. Gosselin, District #13 IN RE: BOARD OF COMMISSIONERS – SUPPORT UNION MEMBERS RIGHT TO AFFIRM IN WRITING ANNUALLY, SUPPORT OR NON-SUPPORT OF FINANCIAL POLITICAL CONTRIBUTIONS To the Oakland County Board of Commissioners Chairperson, Ladies, and Gentlemen: WHEREAS the State of Michigan has previously supported the active membership of union members regarding the use of union dues paid out of individual members’ paychecks; and WHEREAS House Bill 4628/HB 4628 eliminates the right of individual union members to annually affirm or reaffirm the use of their dues for political campaigns; and WHEREAS the Oakland County Commissioners support and promote actions that provide transparency regarding the use of union members dues and contributions; and WHEREAS requiring union members to pay dues and further not provide an opportunity to choose not to have those dues spent on political campaigns; and WHEREAS the goal of this Oakland County Board of Commissioners in regard to HB 4628 is to support union members right to express themselves annually in regard to the use of their dues for political campaigns; and WHEREAS the Oakland County Commissioners oppose any action that removes the right of union members to make choices, annually, about the use of their union dues, we do not support HB 4628. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does not support House Bill 4628 but does support the rights of union members to actively voice support or non- support for political campaigns by giving written approval for such financial activity on an annual basis to the union representatives who have the authority to spend those monies. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners respectfully requests Oakland County Clerk, Ruth Johnson, to forward copies of this adopted resolution to Governor Jennifer Granholm, Senate Majority Leader Michael Bishop and other Oakland County Senators, Speaker of the House Andy Dillon and other Oakland County State Representatives. Chairperson, we move the foregoing resolution. ROBERT GOSSELIN, SUE ANN DOUGLAS, MIKE ROGERS The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #07128 BY: Tim Burns District #19, Jim Nash District #15 IN RE: BOARD OF COMMISSIONERS – DISTRIBUTION OF VACCINE ADVERSE EVENT REPORTING SYSTEM (VAERS) BROCHURES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Health Division provides immunizations for infants, toddlers, preschoolers, children, teens and adults; and WHEREAS according to the United States’ Centers for Disease Control and Prevention (CDC), vaccines have reduced or eliminated many infectious diseases that once routinely killed or harmed many infants, children, and adults in the United States; and WHEREAS the CDC reports that immunizations, like any medication, can cause side effects; and WHEREAS according to the CDC, adverse events to vaccines are estimated to occur after vaccination of children and adolescents at a rate of one for every 1.5 million doses of vaccine; and WHEREAS a parent, guardian or legal representative of a child under 18 years of age must sign a consent to allow the Oakland County Health Division to provide a minor with an immunization; and WHEREAS the parents, guardians, and legal representatives of child and adolescent patients and adult patients should be informed of the benefits and risks of vaccines in understandable language; and WHEREAS the Vaccine Adverse Event Reporting System (VAERS) is a national vaccine safety surveillance program co-sponsored by the Food and Drug Administration (FDA) and the Centers for Disease Control and Prevention (CDC); and Commissioners Minutes Continued. May 10, 2007 236 WHEREAS the purpose of VAERS is to detect possible signals of adverse events associated with vaccines. VAERS collects and analyzes information from reports of adverse events that occur after the administration of U.S. licensed vaccines; and WHEREAS according to the CDC, very rarely do adults, adolescents or children experience serious adverse events following immunization. By monitoring such events, VAERS helps to identify any important new safety concerns and thereby assists in ensuring that the benefits of vaccines continue to be far greater than the risks; and WHEREAS VAERS publishes an informational brochure; a sample can be found at http://www.vaers.hhs.gov/pdf/VAERS_brochure.pdf. NOW THEREFORE BE IT RESOLVED that the Oakland County Health Division shall provide parents, guardians, and legal representatives of child and adolescent patients and adult patients receiving immunizations with a VAERS informational brochure. BE IT FURTHER RESOLVED that the Oakland County Health Department shall provide VAERS brochures as long as such materials are provided to the County at no charge from the U.S. Department of Health and Human Services. Chairperson, we move the adoption of the foregoing resolution. TIM BURNS, JIM NASH, MARCIA GERSHENSON, KAREN SPECTOR, DAVID WOODWARD, GEORGE SUAREZ, MATTIE HATCHETT, TIM GREIMEL, VINCENT GREGORY, HELAINE ZACK The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #07129 BY: Tim Burns, District #19, Mattie Hatchett, District #10, Jim Nash, District #15, John Scott, District #5, Marcia Gershenson, District #17, Bradford Jacobsen, District #1, Karen Spector, District #16, David Coulter, District #25, George Suarez, District #24, Jeff Potter, District #8, David Woodward, District #18, Helaine Zack, District #22, Tim Greimel, District #11, Michael Gingell, District #3, Thomas Middleton, District #4, David Potts, District #20, Christine Long, District #7 IN RE: BOARD OF COMMISSIONERS – OAKLAND COUNTY RECOGNIZES JUNE 10 – 16, 2007 AS NATIONAL FLAG WEEK AND JUNE 14, 2007 AS FLAG DAY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS President Woodrow Wilson declared June 14th as “Flag Day” to cover all succeeding years in Presidential Proclamation 1335 of May 30, 1916; and WHEREAS since 1966 the President of the United States has customarily issued a proclamation recognizing June 14th as “Flag Day” and the week that includes June 14th as “National Flag Week”; and WHEREAS on June 14, 1777, John Adams introduced the following resolution before the Continental Congress as it met in Philadelphia, Pennsylvania: “Resolved, That the flag of the thirteen United States shall be thirteen stripes, alternate red and white; that the union be thirteen stars, white on a blue field, representing a new constellation.”; and WHEREAS June 14th commemorates a significant patriotic moment for the history of the Country that is recognized through National Flag Week and Flag Day ceremonies and events; and WHEREAS Presidential proclamations recognizing National Flag Week customarily encourage public ceremonies and events throughout the week to honor the flag and recite the Pledge of Allegiance; and WHEREAS Presidential proclamations customarily recognize and encourage simultaneous participation across the country for “Pause for the Pledge” at 7 PM EDT as part of National Flag Week and Flag Day ceremonies; and WHEREAS the organization “National Flag Day USA: Pause for the Pledge” conceived the concept of the Pause for the Pledge of Allegiance as a way for all citizens to share a patriotic moment. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners recognizes June 10 – 16, 2007 as National Flag Week and June 14, 2007 as Flag Day. Commissioners Minutes Continued. May 10, 2007 237 BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners encourages its communities and citizens to participate in “Pause for the Pledge” at 7 PM on June 14th, 2007 in recognition of Flag Day and National Flag Week. Chairperson, we move the adoption of the foregoing resolution. TIM BURNS, MATTIE HATCHETT, JIM NASH, JOHN SCOTT, MARCIA GERSHENSON, BRADFORD JACOBSEN, KAREN SPECTOR, DAVID COULTER, GEORGE SUAREZ, JEFF POTTER, DAVID WOODWARD, HELAINE ZACK, TIM GREIMEL, MICHAEL GINGELL, THOMAS MIDDLETON, DAVID POTTS, CHRISTINE LONG Resolution Moved by Burns supported by Potts to suspend the rules and vote on MISCELLANEOUS RESOLUTION #07129 – BOARD OF COMMISSIONERS – OAKLAND COUNTY RECOGNIZES JUNE 10 – 16, 2007 AS NATIONAL FLAG WEEK AND JUNE 14, 2007 AS FLAG DAY. Vote on motion to suspend the rules: AYES: Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Woodward, Zack, Bullard, Burns, Coulter, Douglas, Gershenson, Gingell. (22) NAYS: None. (0) A sufficient majority having voted in favor, the motion to suspend the rules and vote on MISCELLANEOUS RESOLUTION #07129 – BOARD OF COMMISSIONERS – OAKLAND COUNTY RECOGNIZES JUNE 10 – 16, 2007 AS NATIONAL FLAG WEEK AND JUNE 14, 2007 AS FLAG DAY carried. Moved by Burns supported by Gershenson the resolution be adopted. Discussion followed. Vote on resolution: AYES: Gregory, Greimel, Hatchett, Jacobsen, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Woodward, Zack, Bullard, Burns, Coulter, Douglas, Gershenson, Gingell, Gosselin. (22) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. Commissioner Douglas introduced a resolution. Chairperson Bill Bullard, Jr. stated per Board Rule XII.A the resolution wasn’t properly introduced to both Caucuses and therefore must be introduced at the next Board meeting. MISCELLANEOUS RESOLUTION #07130 BY: David Woodward, District #18, Tim Greimel, District #11 IN RE: BOARD OF COMMISSIONERS – COUNTY POLICY REQUIRING PAYMENT OF PREVAILING WAGE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Board of Commissioners believes that it is in the best interest of the people of Oakland County that any construction work performed for Oakland County should be done by contractors and subcontractors who agree to pay prevailing wages; and WHEREAS the Board of Commissioners wishes to have a uniform means of assuring that contractors or subcontractors seeking to work on certain County construction projects pay prevailing wages; and Commissioners Minutes Continued. May 10, 2007 238 WHEREAS the Board of Commissioners wishes to monitor the prevailing wage requirements and to provide for sanctions or penalties in the event of noncompliance. THEREFORE BE IT RESOLVED that for the purposes of this policy the following terms and phrases are defined as follows: A. "Apprentice" means any person who is registered with a bona fide apprentice program recognized by the U.S. Department of Labor, Bureau of Apprenticeship and Training. The use of apprentices shall be in accordance with all of the rules and guidelines of the bona fide apprentice programs, including registration and working in ratio. Violations relating to apprentices shall be subject to the same penalties and remedies as provided in paragraph 5 and paragraph 6 of this policy. B. “Board" or "Board of Commissioners" means the Oakland County Board of Commissioners. C. "Contract" means any agreement as a result of competitive bids or otherwise for new construction, alteration, repair, installation, painting, decorating, completion, demolition, conditioning, reconditioning or improvement of buildings or works, which is to be performed for Oakland County. It does not include repair or service of equipment or machinery already installed. D. "Designated Agent" means any officer, employee, commission, department, agency, or organization authorized to enter into a construction contract by or on behalf of the Board of Commissioners, or to monitor such contracts under the direction of the County, or to provide legal counsel regarding such contracts. E. "Construction Mechanic" means any skilled or unskilled mechanic, laborer, worker, helper assistant, apprentice or driver, but shall not include any Oakland County employees, including but not limited to executive, administrative, TOPS, professional or office employees. BE IT FURTHER RESOLVED that it is the policy of the Board of Commissioners that any contractor or subcontractor on County construction projects where the value of the contractor's or subcontractor's contract exceeds $10,000 shall pay prevailing wages to its employees as set forth below: 1. Every contract exceeding $10,000 entered into by the Oakland County Board of Commissioners, or other agencies covered by this policy, shall require that the rates of wages, including fringe benefits, paid to each construction mechanic employed by the contractor or subcontractor at all tiers, who furnishes labor on the project which is the subject of the contract, shall be not less than the prevailing wages, including fringe benefits, for such labor by using the wage guidelines promulgated by the United States Secretary of Labor pursuant to the Federal Davis-Bacon Act. 2. Every contract exceeding $10,000 shall include the most current wage and fringe benefit schedule as provided for by the United States Secretary of Labor pursuant to the Federal Davis-Bacon Act for each class of construction mechanic. 3. Every contractor and subcontractor shall keep posted on the construction site in a conspicuous place, a copy of all prevailing wage and fringe benefit rates prescribed in the contract and shall keep accurate records showing the name and occupation of, and actual wages and benefits paid to, each construction mechanic employed by that contractor or subcontractor in connection with the contract. A contractor or subcontractor at any tier shall, upon request of the County or its designated agent, provide certified payrolls on U.S. Department of Labor form WH347 or facsimile for all hours worked. 4. In addition to providing certified payrolls on U.S. Department of Labor form WH347 or facsimile for all hours worked when requested, the contractor or subcontractor at any tier shall be required to collect and submit this information in a regular reporting format as determined by the Board of Commissioners, or its agents. Noncompliance with this section shall be deemed a breach of the contractual agreement(s). 5. Any contractor or subcontractor upon being notified that it is in violation of any term of this policy and who fails to remedy the violation as set forth in this policy is deemed to have committed a material breach of the contract. The Board or its designated agent, if any, shall proceed to enforce the term(s) in accordance with the contract and/or by seeking any remedy authorized by law, including rescission of the contract. Further sanctions and penalties shall be as set forth in paragraph 6 below. Commissioners Minutes Continued. May 10, 2007 239 6. Any contractor or subcontractor upon being notified that it is in violation of payment of prevailing wage and that an amount is due, shall have thirty (30) days to correct the deficiency by paying the employee or employees the amounts due. If the person, firm, a corporation, or business entity fails to pay within the thirty (30) day period it shall be subject to the following penalties: a. Payment of all wages and fringe benefits, plus interest at 2% per month on those wages and fringe benefits due the employee; b. The cost to the County shall be calculated using the hourly wage and fringe benefits' costs of the County employee involved in the enforcement of this policy plus any other costs incurred by the County, including but not limited to costs of a contracting agent, attorney fees, and court costs; and c. Ineligibility to bid on any contract involving the County for a period of five (5) years if the violation is repeated after the contractor is formally notified. d. The County may withhold such payments from the contractor as are necessary to effectuate the payments or penalties as provided in this policy. 7. Any construction mechanic of a contractor under contract with the Board or its designated agent or a construction mechanic of a subcontractor at all tiers, or any bona fide organization representing construction mechanics may file a written complaint with the Board or its contracting agent, if any, challenging the compliance by a contractor or subcontractor with any of the terms noted above. The Board or its designated agent shall then conduct an investigation to determine whether it will proceed as in paragraphs 5 and/or 6 above. 8. A contractor or subcontractor found to have retaliated in violation of federal or state law against an employee for filing a claim of non-payment of a prevailing wage rate shall be ineligible to bid on any contract involving the County for a period of (five) 5 years from the date of such finding. 9. Contracts which contain provisions requiring the payment of prevailing wages as determined by the United States Secretary of Labor pursuant to the Federal Davis-Bacon Act (United States Code 40 Section 3141, et seq.) or which contains provisions requiring the payment of prevailing wages as determined by the Michigan Department of Consumer and Industry Services pursuant to 1965, PA 166, as amended, being MCLA 408.551, et seq., are exempt from the provisions of this resolution. BE IT FURTHER RESOLVED that notice of the requirements of this policy shall be included in all formal Requests for Proposals or Bids where a construction contract in excess of $10,000 is anticipated. BE IT FURTHER RESOLVED that the provisions of this policy shall apply to construction contracts in excess of $10,000 entered into by the Oakland County Building Authority, and to any construction contracts in excess of $10,000 which are entered into by any County agency where the Board of Commissioners is required to authorize the project or where the Board of Commissioners has authorized financing of such projects by the County. BE IT FURTHER RESOLVED that the Board of Commissioners encourages all other agencies of the County to adopt this or a similar policy for any construction contracts in excess of $10,000. BE IT FURTHER RESOLVED that the County Fiscal Services Officer or designee, which may include a designated agent, shall be responsible for monitoring implementation of and compliance with the provisions of this policy where the construction contract is entered into with the Board of Commissioners. BE IT FURTHER RESOLVED that where another specific agency of the County is designated as responsible for a construction project, that agency shall be responsible for monitoring implementation of and compliance with the provisions of this policy. BE IT FURTHER RESOLVED that no less than annually, the Director of the County’s Fiscal Services Officer or their designee, shall provide the appropriate committee of the Board of Commissioners the status of projects where the payment of prevailing wage is required and where the County Fiscal Services Officer is responsible for monitoring implementation of and compliance with the provisions of the prevailing wage policy. Commissioners Minutes Continued. May 10, 2007 240 Chairperson, we move the adoption of the foregoing resolution. DAVID WOODWARD, TIM GREIMEL, VINCENT GREGORY, HELAINE ZACK, GEORGE SUAREZ, DAVID COULTER, MATTIE HATCHETT, JIM NASH, MARCIA GERSHENSON, KAREN SPECTOR The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #07131 BY: Helaine Zack, District #22; Eileen Kowall, District #6; Hugh Crawford, District #9; Mattie Hatchett, District #10; Sue Ann Douglas, District #12 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR HOUSE BILL 4725 – AMENDMENTS TO THE JAIL OVERCROWDING EMERGENCY ACT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in 2005, this Board of Commissioners created the Oakland County Criminal Justice Coordinating Council (CJCC), a voluntary organization charged with developing recommendations to foster communication, cooperation, and coordination among and between all justice system agencies and entities within Oakland County; and WHEREAS since its creation, the CJCC has successfully completed a number of projects to help manage the jail population in Oakland County. These include, but are not limited to: implementation of a felony plea program in district courts; execution of a joint local administrative order; review and development of best practices for courts and other justice system agencies; revision of information technology practices and procedures to expeditiously move cases and people through the justice system, etc.; and WHEREAS in 2006, the Oakland County CJCC determined that its number one priority was to seek legislative revisions to the Jail Overcrowding Emergency Act, MCL 801.51, et seq., to allow counties and justice agencies to proactively manage their jail populations while, at the same time, maintain public safety; and WHEREAS in May, 2006 the Honorable Wendy Potts, Chief Circuit Judge and Chair of the CJCC, appointed a subcommittee to draft revisions to the Jail Overcrowding Emergency Act; and WHEREAS in August 2006, the subcommittee’s revisions to the Act were presented to and approved, first by the CJCC Executive Committee and later the entire CJCC for submission to the Michigan legislature. NOW THEREFORE BE IT RESOLVED that this Board of Commissioners recognizes that chronic jail overcrowding is a problem not only for Oakland County but for many counties throughout Michigan. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby concurs with the need for legislative support for amendments to the Jail Overcrowding Emergency Act and appreciates the efforts of Representative Paul Condino to sponsor H.B. 4725. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners enthusiastically endorses the work of Oakland County’s CJCC and, in concert with the CJCC, seeks legislative approval of and support for the proposed amendments as set forth in H.B. 4725. BE IT FURTHER RESOLVED that copies of this resolution shall be forwarded to the Michigan House and Senate and all members of Oakland County’s legislative delegation. Chairperson, we move the adoption of the foregoing resolution. HELAINE ZACK, MATTIE HATCHETT, SUE ANN DOUGLAS, BILL BULLARD, MICHAEL GINGELL, MICHAEL ROGERS, CHRISTINE LONG, JOHN SCOTT, VINCENT GREGORY, KAREN SPECTOR, GEORGE SUAREZ, DAVID WOODWARD, DAVID COULTER, JIM NASH, DAVID POTTS, BRADFORD JACOBSEN, JEFF POTTER, TIM BURNS, MARCIA GERSHENSON Copy of House Bill No. 4725, a bill to amend 1982 PA 325, on file in County Clerk’s office. Commissioners Minutes Continued. May 10, 2007 241 Moved by Zack supported by Potts to suspend the rules and vote on MISCELLANEOUS RESOLUTION #07131 – BOARD OF COMMISSIONERS – SUPPORT FOR HOUSE BILL 4725 – AMENDMENTS TO THE JAIL OVERCROWDING EMERGENCY ACT. Vote on motion to suspend the rules: AYES: Greimel, Hatchett, Jacobsen, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Woodward, Zack, Bullard, Burns, Coulter, Douglas, Gershenson, Gingell, Gosselin, Gregory. (22) NAYS: None. (0) A sufficient majority having voted in favor, the motion to suspend the rules and vote on MISCELLANEOUS RESOLUTION #07131 – BOARD OF COMMISSIONERS – SUPPORT FOR HOUSE BILL 4725 – AMENDMENTS TO THE JAIL OVERCROWDING EMERGENCY ACT carried. Moved by Zack supported by Potts the resolution be adopted. AYES: Hatchett, Jacobsen, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Woodward, Zack, Bullard, Burns, Coulter, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel. (22) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. The Board adjourned at 11:12 a.m. to the call of the Chair or May 24, 2007, at 9:30 a.m. RUTH JOHNSON BILL BULLARD, JR. Clerk Chairperson