Loading...
HomeMy WebLinkAboutMinutes - 2007.06.14 - 8415261 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES June 14, 2007 Meeting called to order by Chairperson Bill Bullard, Jr. at 9:35 a.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Bullard, Burns, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Woodward, Zack. (24) EXCUSED ABSENCE PER MISCELLANEOUS RESOLUTION #04228: Coleman. (1) Quorum present. Invocation given by Mattie Hatchett. Chairperson Bill Bullard, Jr. introduced the Oakland County Sheriff’s Department Color Guard on behalf of Flag Day. Pledge of Allegiance to the Flag. Moved by Long supported by Gershenson the minutes of the May 24, 2007, Board Meeting be approved. A sufficient majority having voted in favor, the minutes were approved as printed. Moved by Kowall supported by Coulter the rules be suspended and agenda be amended as follows: ITEMS ON BOARD AGENDA PLANNING AND BUILDING COMMITTEE c. Building Authority – Resolution Approving Sublease in Connection with the Oakland County Community Mental Health Authority Housing Project Located in Oakland County, Michigan (Reason for Suspension of Planning and Building Committee, item c.: Waiver of Rule XII.C.2 – Direct Referral to the Finance Committee.) PERSONNEL COMMITTEE c. Human Resources Department – Deferred Defined Benefit Retirement Buy-Out Plan (Reason for Suspension of Personnel Committee, item c.: Waiver of Rule XII.C.2 – Direct Referral to the Finance Committee.) Commissioners Minutes Continued. June 14, 2007 262 ITEMS NOT ON BOARD AGENDA PUBLIC SERVICES COMMITTEE b. Sheriff’s Office/Prosecutor’s Office/Circuit Court/Community Corrections – Fiscal Year 2007 Byrne Justice Assistance Grant (JAG) Intergovernmental Agreement and Grant Application (Reason for Suspension of Public Services Committee, item b.: Waiver of Rule III – All items for the printed Board agenda must be presented to the Board Chairperson for inclusion on the agenda five days prior to the meeting. Waiver of Rule IX – Committee Operations – item did not go through committee process. Waiver of Rule XII – Procedures to Bring Matters Before the Board – was not initiated in liaison committee or referred over in conjunction with Rule IX.) Also, remove General Government Committee item b.: Miscellaneous Resolution #07125 – Board of Commissioners – Support SB 438, 439 to Include Voter Registration on License Applications for Hunting, Fishing, Fur Harvesting from the Consent Agenda to the Regular Agenda. Vote on agenda, as amended: AYES: Bullard, Burns, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Woodward, Zack. (24) NAYS: None. (0) A sufficient majority having voted in favor, the agenda, as amended, was approved. Chairperson Bill Bullard, Jr. presented a proclamation to The Honorable Gene Schnelz for a lifetime of public service and tremendous accomplishments. The Honorable Gene Schnelz addressed the Board of Commissioners on behalf of his proclamation. Chairperson Bill Bullard, Jr. acknowledged the Oakland County Circuit Court Judges in the audience. Chairperson Bill Bullard, Jr. presented a proclamation to Dan Dirks, General Manager of the Suburban Mobility Authority for Regional Transportation (SMART), acknowledging his outstanding 30 years of service on the special occasion of his retirement. Deputy County Executive Jerry Poisson presented a proclamation on behalf of the County Executive to Dan Dirks for his outstanding 30 years of service on the special occasion of his retirement. Chairperson Bill Bullard, Jr. acknowledged the new Director of SMART, Hayes Jones. Commissioner Tim Greimel presented a proclamation to the City of Auburn Hills City Manager Mike Culpepper in recognition of the City of Auburn Hills being one of southeastern Michigan’s and Metro Detroit’s top performing communities. Deputy County Executive Jerry Poisson presented a proclamation on behalf of the County Executive to the City of Auburn Hills City Manager Mike Culpepper in recognition of the City of Auburn Hills being one of the southeastern Michigan’s and Metro Detroit’s top performing communities. Commissioners Tim Burns, Bob Gosselin, David Potts and George Suarez presented a proclamation to the City of Troy in recognition of the City of Troy being one of southeastern Michigan’s and metro Detroit’s top performing communities. Deputy County Executive Jerry Poisson presented a proclamation on behalf of the County Executive to the City of Troy in recognition of the City of Troy being one of southeastern Michigan’s and metro Detroit’s top performing communities. Commissioners Minutes Continued. June 14, 2007 263 Commissioner Jeff Potter presented a proclamation to the City of Wixom City Manager, J. Michael Dornan, and Assistant City Manager, Anthony Nowicki, in recognition of the City of Wixom being one of southeastern Michigan’s and metro Detroit’s top performing communities. Deputy County Executive Jerry Poisson presented a proclamation on behalf of the County Executive to the City of Wixom City Manager, J. Michael Dornan, and Assistant City Manager, Anthony Nowicki, in recognition of the City of Wixom being one of southeastern Michigan’s and metro Detroit’s top performing communities. Deputy County Clerk James H. VanLeuven read a communication from Chairperson Bill Bullard, Jr. appointing Commissioner David Potts to the Lake Board for Gilbert Lake for a term ending December 31, 2008. The communication was received for filing. Deputy County Clerk James H. VanLeuven read a communication from Barbara Randau resigning her position from the Oakland County Historical Commission as of April 2, 2007. The communication was received for filing. Deputy County Clerk James H. VanLeuven read a communication from Chairperson Bill Bullard, Jr. appointing Leslie K. Pielack to replace Barbara Randau as a member of the Oakland County Historical Commission for an unexpired term ending January 1, 2008. Moved by Jacobsen supported by Gingell to confirm the appointment. A sufficient majority having voted in favor the appointment of Leslie K. Pielack to the Oakland County Historical Commission for an unexpired term ending January 1, 2008 was confirmed. Deputy County Clerk James H. VanLeuven read a communication from Zeta Phi Beta Sorority regarding their Luncheon that Commissioner Mattie Hatchett attended, thanking her for her attendance and speech that she gave while presenting a proclamation to the sorority. Deputy County Clerk James H. VanLeuven read a communication from Commissioner Eileen Kowall expressing her appreciation to her fellow Commissioners for the floral arrangement and all the cards and condolences upon the death of her mother. Chairperson Bill Bullard, Jr. made the following statement: “A Public Hearing is now called on the Byrne Justice Assistance Grant (JAG) Intergovernmental Agreement and Grant Application. Is there anyone present who wishes to speak?” No one requested to speak and the Chairperson declared the Public Hearing closed. Chairperson Bill Bullard, Jr. made the following statement: “A Public Hearing is now called on the Planning and Economic Development Services Division Resolution Approving Project Plan (The Bharatiya Temple Project) – City of Troy. Is there anyone present who wishes to speak?” No one requested to speak and the Chairperson declared the Public Hearing closed. The following people addressed the Board: Jack Bressler, Oakland County Veterans Group, Mr. Bushart, Oakland County Veterans Group, Commissioner David Coulter and Commissioner Mattie Hatchett. Moved by Rogers supported by Potts the resolutions (with fiscal notes attached) on the amended Consent Agenda, be adopted. (The vote for this motion appears on page 274). The resolutions on the Consent Agenda follow (annotated by an asterisk {*}): Commissioners Minutes Continued. June 14, 2007 264 *MISCELLANEOUS RESOLUTION #07139 BY: Finance Committee, Mike Rogers, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET – FISCAL YEAR 2007 SECOND QUARTER FINANCIAL FORECAST AND BUDGET AMENDMENTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Public Act 621 of 1978, the Uniform Budgeting and Accounting Act for Local Units of Government, provides for adjustments to the adopted budget; and WHEREAS in accordance with Oakland County General Appropriations Act Section 22, which authorizes budget amendments for variances between the budgeted revenue and actual revenue, and Section 23, which authorizes budget amendments for variance between estimated revenue and projected expenditures, amendments are required; and WHEREAS the Fiscal Year (FY) 2007 Second Quarter Financial Forecast Report has identified several variances and budget amendments are recommended; and WHEREAS a budget amendment is recommended in the amount of $79,000 due to State cuts for Circuit, District and Probate Judges’ Salaries; and WHEREAS the Prosecuting Attorney has requested budget amendments to reappropriate funds from various accounts to more accurately reflect actual revenues for Educational Training ($6,500) and expenses for Clothing Allowance ($1,500), and Periodicals, Books, Publications and Subscriptions ($4,000), as well as appropriate projected favorability of $40,000 from Witness Fees and Mileage to Office Supplies - $20,000, Expendable Equipment Expense - $10,000, and Expert Witness Fee and Mileage - $10,000, based on changing case requirements and to account for these expenses more accurately; and WHEREAS a budget amendment is recommended to the Clerk’s Election Division budget to transfer $32,000 from Professional Services into the Information Technology Fund Software Purchase budget to purchase the Campaign Finance Reporting Software Package for the purpose of making campaign finance disclosure statements available over the internet as approved per Miscellaneous Resolution #04314; and WHEREAS the Drain Commissioner has requested a budget amendment to reallocate $1,500 from the Administration Unit to Soil Erosion Program to monitor expenses for the Soil Erosion Program more accurately; and WHEREAS the Auditing Division is requesting a budget amendment in Professional Services to fund the electronic cash register monitoring project, and there is sufficient favorability in salaries and fringe benefits to cover the cost; and WHEREAS the Equalization Division is requesting office alterations to make more efficient use of current office space at an estimated cost of $13,940 with project funding available through increased Equalization Division activity for transfer to the Project Work Order Fund (project #10000000136); and WHEREAS a budget amendment of $59,000 is recommended in the Public Services Community Corrections Division Fee Income, recognizing increased drug testing, which offsets unfavorable variances in Testing Materials ($50,000) and Electrical Service ($4,000) for the Community Corrections Division, as well as Employee Rabies Shots ($3,000) and Medical Supplies ($2,000) for the Animal Control Division; and WHEREAS the actual Convention Facility/Liquor Tax revenue for Fiscal Year 2007 is $523,820 more than budgeted, and an amendment is recommended to reflect the actual amount received and adjust Health Division Substance Abuse Program budget and Non-Departmental Contingency as established per the General Appropriations Act; and WHEREAS a budget amendment of $2,041,300 is recommended for property taxes due to projected partial favorability based on the Fiscal Year 2007 budget for property taxes built on estimated State Equalized Value (SEV) as of April 2006 for the July 2007 levy, which should have been estimated on the April 2007 value; and WHEREAS in reviewing fringe benefit costs for the Sheriff’s Office, it has been determined the Fiscal Year 2007 budget did not include sufficient funds to cover employee medical insurance, and an amendment of $2,000,000 is recommended to correct the fringe benefit budget; and Commissioners Minutes Continued. June 14, 2007 265 WHEREAS the Everge contract used for implementing PeopleSoft has been extended through March 31, 2008 to complete Phase II implementation, and a budget amendment of $25,000 is recommended to cover the Professional Services expense in Fiscal Services for the contract extension; and WHEREAS a budget amendment totaling $16,300 is recommended to appropriate funding in Support Services to offset unfavorability in Maintenance Contracts ($1,400)due to increased costs associated with mail meter machine, Licenses and Permits ($5,000) for Fastforward multiline optical character reader and Office Supplies ($11,400) due to additional costs of ink for high volume machines; and WHEREAS a budget amendment is required to reappropriate salaries and fringe benefits for a Buyer II position (#10521) that was created with the Emergency Response and Preparedness 2006 Homeland Security Grant Program per Miscellaneous Resolution #06246 from the Emergency Response and Preparedness Unit to the Purchasing Division to more accurately account for this position; and WHEREAS the Economic Development Corporation (EDC) Board has approved the Fiscal Year 2007 Special Revenue Budget for the EDC in the amount of $47,000 and a budget amendment is required to amend the Fiscal Year 2007 Special Revenue Budget for the Economic Development Corporation Fund (21180); and WHEREAS the Oakland County Parks and Recreation Commission has approved amendments as of May, 2007 based on the Garden Walkway and Fire System upgrade - $45,756 (approved 1/3/07), Repair of the Entry Drive - $125,010 (approved 4/4/07), Financial Plan and Roof Repair - $116,015 (approved 5/2/07), as well as reappropriate various budgets to correctly reflect actual expenses for Swimming Classes - $770,000, and Capital Asset Contributions - $1,440,000; and WHEREAS the Drain Commissioner is requesting to amend the Drain Equipment Fund budget by $347,479 for Fiscal Year 2007 reflect a decrease in the actual cost of 1 department-owned vehicle and the replacement of 15 owned vehicles with 15 leased vehicles in Fiscal Year 2007; and WHEREAS Information Technology is requesting a reappropriation of previously approved funds from the IT Fund Net Assets-Designated for Projects to continue various projects such as the Jury Upgrade Project, BS and A Receivable Migration, Delinquent Tax Receivable System, GIS Enhancements and Access Oakland E-payments; and WHEREAS the County’s contribution towards the Fiscal Year 2007 Road Commission’s Tri-Party projects is $2,250,000, and funding is currently budgeted at $1,500,000 in the Non-Departmental Budget, and an additional $750,000 is designated in the Delinquent Tax Revolving Fund (DTRF) to cover this expense to the General Fund to pay the County’s contribution; and WHEREAS an amendment is recommended to appropriate funds from the General Fund Designated Fund Balance for Future Technology Replacement (GF Account #371448), to the Information Technology Fund budget, in the amount of $1,289,483, for workstation replacements necessary for the XP upgrades, acquire additional fiber to secure critical voice systems, additional services for planned maintenance projects, and replace network servers; and WHEREAS Section 25 of the General Appropriations Act requires that the Board of Commissioners receive a quarterly report regarding adjustments made to Inmates accounts on transactions billed in excess of ability to pay as well as approve the write-offs of any bad debts in excess of $1,000; and WHEREAS adjustments made to the Inmate Accounts for Fiscal Year 2007 during the period of January through March totaled $439,491; and WHEREAS the City of Farmington Hills requested assistance from the Oakland County Sheriff’s Office to provide security at the Farmington Hills Banquet Hall (23666 Orchard Lake Rd.) for the Iraq Elections held December 13 – 15, 2005 that resulted in a cost of $8,197.97 for these services, which Oakland County has sought reimbursement, but has not received payment, and an approval to write off this debt is requested; and WHEREAS the Community and Home Improvement Division has write-offs totaling $303,635 in 2007 Uncollectible Home Improvement Loans for Home Investment Partnership Act Accounts and the Community Development Block Grant as listed in Schedule C-1 and C-2. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners accepts the Fiscal Year 2007 Second Quarter Financial Report. Commissioners Minutes Continued. June 14, 2007 266 BE IT FURTHER RESOLVED that $750,000 from the Delinquent Tax Revolving Fund be transferred and budgeted and be amended as follows: DELINQUENT TAX REVOLVING FUND (#51600) Expenditure 7010110-186050-788001-10100 Transfer Out to General Fund $ 750,000 Change in Fund Equity ($ 750,000) GENERAL FUND (#10100) Revenue 9010101-186140-695500-51600 Transfer In from DTRF $ 750,000 Expenditure 9010101-153010-740135 Road Commission Tri-Party $ 750,000 Total $ -0- BE IT FURTHER RESOLVED that $1,289,483 be appropriated into the General Fund from the Designated Fund Balance account for Future Technology Replacement and transferred to the Information Technology Fund as follows: GENERAL FUND (#10100) Revenue 9090101-152130-665885 Planned Use of Fund Balance $1,289,483 Expenditure 9090101-152010-788001-63600 Transfer Out to Info Tech $1,289,483 Total General Fund $ -0- INFORMATION TECHNOLOGY FUND (#63600) Revenue 1080101-152010-695500-10100 Transfer In from General Fund $1,289,483 Expenditures 1080601-152010-750154 Expendable Equipment $ 833,000 1080101-152010-731458 Professional Services 25,871 1080201-152010-731458 Professional Services 210,194 1080601-152010-731458 Professional Services 196,053 1080701-152020-731458 Professional Services 24,365 Total Expenditures $1,289,483 Change in Fund Equity $ -0- BE IT FURTHER RESOLVED that $13,940 be transferred from the General Fund Equalization Division to the Project Work Order Fund. BE IT FURTHER RESOLVED that the uncollectible debt for the Iraq Elections and Home Improvement Loans are authorized to be written off. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Letter of Transmittal – Fiscal Year 2007 Second Quarter Forecast Report, Fiscal Year 2007 Second Quarter Financial Report General Fund/General Purpose Revenue and Expenditures Summary by Department, Schedule A Fiscal Year 2007 Second Quarter Budget Amendments General Fund/General Purpose, Schedule B Fiscal Year 2007 Second Quarter Budget Amendments Proprietary/Special Revenue Funds, Memo regarding Inmate Waived Report, Schedule C-1 2007 Uncollectible Home Improvement Loans Home Investment Partnership Act Accounts, Schedule C-2 2007 Uncollectible Home Improvement Loans Community Development Block Grant, and Fiscal Year 2007 Second Quarter Report on file in County Clerk’s office. (The vote for this motion appears on page 274.) Commissioners Minutes Continued. June 14, 2007 267 *MISCELLANEOUS RESOLUTION #07140 BY: Finance Committee, Mike Rogers, Chairperson IN RE: DRAIN COMMISSIONER – GEORGE W. KUHN DRAINAGE DISTRICT REFUNDING BONDS - FULL FAITH AND CREDIT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the George W. Kuhn Drainage District previously has issued its Drain Bonds, Series 2000B, dated October 1, 2000 (the "Series 2000B Drain Bonds") in the principal amount of $6,570,000, and this Board of Commissioners, by Resolution No. 00188 adopted on July 1, 2000, pledged the full faith and credit of the County of Oakland (the "County") for the prompt payment of the principal of and interest on the Series 2000B Drain Bonds; and WHEREAS the George W. Kuhn Drainage District previously has issued its Drain Bonds, Series 2001E, dated January 1, 2002 (the "Series 2001E Drain Bonds") in the principal amount of $9,870,000, and this Board of Commissioners, by Resolution No. 01201 adopted on August 2, 2001, pledged the full faith and credit of the County of Oakland (the "County") for the prompt payment of the principal of and interest on the Series 2001E Drain Bonds; and WHEREAS the Drainage Board for the George W. Kuhn Drain (the "Drainage Board"), by resolution adopted on May 22, 2007, authorized and provided for the issuance by the George W. Kuhn Drainage District of its Drain Refunding Bonds, Series 2007 (the "Refunding Bonds"), in the aggregate principal amount of not to exceed $13,500,000 to refund all or a portion of the Series 2000B Drain Bonds maturing in the years 2010 through 2022 and the Series 2001E Drain Bonds maturing in the years 2013 through 2024; and WHEREAS the Refunding Bonds will be dated as of such date, will bear interest at such rates not to exceed 6% per annum, will be in the aggregate principal amount, will mature in such years and principal amounts, and will be subject to redemption prior to maturity as shall be determined by the Drainage Board at the time of sale; and WHEREAS the Drainage Board deems it advisable and necessary to obtain from this Board an resolution pledging the full faith and credit of the County for the payment of the principal of and interest on the Refunding Bonds; and WHEREAS it is in the best interest of the County that the Refunding Bonds be sold in order to achieve debt service savings for the City of Berkley, the City of Birmingham, the City of Clawson, the City of Ferndale, the City of Hazel Park, the City of Huntington Woods, the City of Madison Heights, the City of Oak Park, the City of Pleasant Ridge, the City of Royal Oak, the City of Southfield, the City of Troy, the Township of Royal Oak, the Village of Beverly Hills and the County. NOW THEREFORE BE IT RESOLVED: 1. Pursuant to the authorization provided in Section 474 of the Drain Code of 1956, as amended, the Board of Commissioners of the County hereby pledges irrevocably the full faith and credit of the County for the prompt payment of the principal of and interest on the Refunding Bonds and agrees that, in the event the City of Berkley, the City of Birmingham, the City of Clawson, the City of Ferndale, the City of Hazel Park, the City of Huntington Woods, the City of Madison Heights, the City of Oak Park, the City of Pleasant Ridge, the City of Royal Oak, the City of Southfield, the City of Troy, the Township of Royal Oak, the Village of Beverly Hills or the County shall fail or neglect to account to the County Treasurer of the County for the amount of any special assessment installment and interest when due, the amount thereof shall be advanced immediately from County funds, and the County Treasurer is directed to make such advancement to the extent necessary. 2. In the event that, pursuant to the pledge of full faith and credit, the County advances out of County funds all or any part of an installment and interest, it shall be the duty of the County Treasurer, for and on behalf of the County, to take all actions and proceedings and pursue all remedies permitted or authorized by law for the reimbursement of such sums so paid. 3. The County Treasurer or the financial consultant, Municipal Financial Consultants Incorporated, is authorized, if necessary to make application to the Department of Treasury for permission to issue and sell the Bonds. Commissioners Minutes Continued. June 14, 2007 268 4. The County Treasurer is authorized to approve the circulation of a preliminary and final official statement for the Refunding Bonds, to cause the preparation of those portions of the preliminary and final official statement that pertain to the County, and to do all other things necessary for compliance with Rule 15c2-12 issued under the Securities Exchange Act of 1934, as amended (the "Rule"). The County Treasurer is authorized to execute and deliver such certificates and to do all other things that are necessary to effectuate the sale and delivery of the Refunding Bonds. 5. The County Treasurer is hereby authorized to execute and deliver in the name and on behalf of the County (i) a certificate of the County to comply with the requirements for a continuing disclosure undertaking of the County pursuant to subsection (b) (5) of the Rule and (ii) amendments to such certificate from time to time in accordance with the terms of such certificate (the certificate and any amendments thereto are collectively referred to herein as the "Continuing Disclosure Certificate"). The County hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. The remedies for any failure of the County to comply with and carry out the provisions of the Continuing Disclosure Certificate shall be as set forth therein. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Memo regarding Sublease Presentation and George W. Kuhn Drainage District Drain Refunding Bonds and Drain Bonds on file in County Clerk’s office. (The vote for this motion appears on page 274.) *MISCELLANEOUS RESOLUTION #07141 BY: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION – 2007 MARCH OF DIMES CHAPTER COMMUNITY GRANT AWARD FOR THE TRANSPORTATION OF PREGNANT WOMEN – GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the lack of transportation has been documented as a primary barrier to accessing prenatal care; and WHEREAS the Health Division has been awarded $15,000 by the March of Dimes Michigan Chapter under its Transportation for Pregnant Women Project; and WHEREAS grant funds will be utilized to purchase approximately 150 round-trip transports to transport non-Medicaid pregnant women in Oakland County to their prenatal care visits; and WHEREAS no county match or additional positions are required; and WHEREAS existing staff will be utilized to administer this program; and WHEREAS this contract has been approved through the County Executive’s contract review process; and WHEREAS the acceptance of this contract does not obligate the County to any future commitment. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the 2007 March OF Dimes Chapter Community Grant Award for the Transportation of Pregnant Women Agreement in the amount of $15,000 and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached. BE IT FURTHER RESOLVED that the future level of service be contingent upon the level of funding for this program. BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute this agreement, any changes and extensions to the agreement not to exceed fifteen percent (15%), which is consistent with the agreement as originally approved. Chairperson, on behalf of the General Government Committee, I move adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Commissioners Minutes Continued. June 14, 2007 269 Copy of Grant Review Sign Off – Human Services/Health Division 2007 Transportation Grant for Pregnant Women – March of Dimes, March of Dimes Foundation Chapter Grant Agreement, March of Dimes Chapter Community Grants Program Progress Report Format, March of Dimes Chapter Community Grants Program Budget Form and W-9 Form on file in County Clerk’s office. FISCAL NOTE (MISC. #07141) BY: Finance Committee, Mike Rogers, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION – 2007 MARCH OF DIMES CHAPTER COMMUNITY GRANT AWARD FOR THE TRANSPORTATION OF PREGNANT WOMEN – 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 County of Oakland, Department of Health and Human Services/Health Division has been awarded $15,000 from March of Dimes Michigan Chapter under its Transportation for Pregnant Women Project. Grant Funds will be utilized to purchase approximately 150 round-trip transports to transport non-Medicaid pregnant women in Oakland County to their prenatal care visits. 2. No County match or additional positions are required and existing staff will be utilized to administer this program. 3. The Fiscal Year 2007 budget should be amended as specified below to reflect the latest award. FY2007 HUMAN SERVICE REVENUE FUND (#20221) 1060291-133200-650104 Contributions $15,000 Expenses 1060291-133200-731997 Transp. Of Clients $15,000 $ -0- FINANCE COMMITTEE (The vote for this motion appears on page 274.) *MISCELLANEOUS RESOLUTION #07133 BY: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – SECOND QUARTER 2007 DEVELOPMENT APPROPRIATION TRANSFER To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS all data processing development cost is incorporated as a single appropriation within the non- departmental budget and then an amount equal to the actual expense is transferred to the user department with a summary report to the Finance Committee; and WHEREAS the Department of Information Technology has determined the Second Quarter 2007 data processing development charges to be $1,158,828.69 and the imaging development charge to be $17,498.24 for the General Fund/General Purpose County departments; and WHEREAS direct charges to Special Revenue and Proprietary fund departments are $279,221.72, non- governmental imaging development are $97.60, and non-county agencies are $372.10 for the Second Quarter 2007; and WHEREAS an appropriation transfer to General Fund/General Purpose County departments is needed to fund these development charges. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners has reviewed the Second Quarter 2007 Data Processing Development Report and approves the Second Quarter appropriation transfer as specified on the attached schedule. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Commissioners Minutes Continued. June 14, 2007 270 Copy of Information Technology Data Processing Development Summary 2nd Quarter 2007 and Information Technology – Reserve Fund Development/Support Detail – Second Quarter, 2007 on file in County Clerk’s office. FISCAL NOTE (MISC. #07133) BY: Finance Committee, Mike Rogers, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – SECOND QUARTER 2007 DEVELOPMENT APPROPRIATION TRANSFER 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 appropriates and charges the Information Technology Second Quarter 2007 Development cost to benefiting departments. 2. The second quarter data processing development charges are $1,158,828.69; imaging development charges are $17,498.24 for General Fund/General Purpose departments; direct charges to Special Revenue and Proprietary fund departments are $279,221.72, non- governmental imaging development are $97.60, and charges to non-county agencies are $372.10. 3. The respective departmental Fiscal Year 2007 budgets are to be amended as specified in the attached detail schedule. FINANCE COMMITTEE (The vote for this motion appears on page 274.) *MISCELLANEOUS RESOLUTION #07134 BY: Personnel Committee, Thomas F. Middleton, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT – SALARY ADMINISTRATION PLAN 2ND QUARTERLY REPORT FOR FISCAL YEAR 2007 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Salary Administration Plan approved by the Board of Commissioners for Salary Grades 1 - 21 provides a process for departments and employees to request a review of the salary grade placement of classifications; and WHEREAS the 2nd Quarterly Report for Fiscal Year 2007 identifies the job studies conducted and the salary grade changes recommended by the Human Resources Department after completion of this review process; and WHEREAS funds have been established in the Classification and Rate Change fund to implement salary grade changes resulting from Salary Administration Quarterly Report recommendations. NOW THEREFORE BE IT RESOLVED that the Oakland Board of Commissioners authorizes implementation of the Salary Administration Plan 2nd Quarterly Report for Fiscal Year 2007, which includes the following classification changes: Salary Grade Classification From: To: Position Number Emergency Management Coordinator 9 10 1010115-03438 Clinical Psychologist II 12 13 1060501-00170 1060501-09176 Social Worker II 12 13 1060501-07772 1060501-01572 1060501-03133 Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE Commissioners Minutes Continued. June 14, 2007 271 FISCAL NOTE (MISC. #07134) BY: FINANCE COMMITTEE, MIKE ROGERS, CHAIRPERON IN RE: HUMAN RESOURCES DEPARTMENT – SALARY ADMINISTRATION PLAN 2ND QUARTERLY REPORT FOR FISCAL YEAR 2007 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Human Resources Department, with approval from the Board of Commissioners, provides a process for departments and employees requesting a review of the salary grade placement classifications for Grades 1 – 21. 2. One (1) General Fund Emergency Management Coordinator position will be upgraded from a grade 9 to a grade 10, at an annual cost of $3,626 in salaries and fringe benefits and $836 for the remainder of Fiscal Year 2007. 3. Two (2) General Fund/General Purpose Clinical Psychologist II positions in the Children’s Village Division of the Child Care Fund will be upgraded from a grade 12 to a grade 13, at an annual cost of $8,873 in salaries and fringe benefits and $2,048 for the remainder of Fiscal Year 2007. 4. Three (3) General Fund/General Purpose Social Worker II positions in the Children’s Village Division of the Child Care Fund will be upgraded from a grade 12 to a grade 13, at an annual cost of $13,707 in salaries and fringe benefits, and $3,163 for the remainder of Fiscal Year 2007. 5. The total impact on General Fund / General Purpose is an annual cost of $26,206 (Salaries $19,059; Fringe Benefits $7,147) and $6,047 (Salaries $4,398; Fringe Benefits $1,649) for the remainder of Fiscal Year 2007. 6. A budget amendment for Fiscal Year 2007 and Fiscal Year 2008 is recommended as follows: GENERAL FUND (#10100) FY 2007 FY 2008 Expenditures 9090101-196030-740037 Non-Dept – Class and Rate Chnge ($6,047) ($26,206) 1010115-115090-702210 County Exec/ERP – Salaries 608 2,637 1010115-115090-722740 County Exec/ERP-Fringe Ben 228 989 9090101-112150-788001-29300 Transfer to Child Care Fund 5,211 22,580 Total General Fund Exp. $ -0- $ -0- CHILD CARE FUND (#20293) Revenues 9090101-112150-695500-10100 Transfer from General Fund $ 5,211 $22,580 Expenditures 1060501-112150-702010 CV/Psych Svcs – Salaries $ 2,256 $ 9,776 1060501-112150-722740 CV/Psych Svcs – Fringe Ben 846 3,666 1060501-112150-702010 CV/Counselors – Salaries 1,534 6,646 1060501-112150-722740 CV/Counselors – Fringe Ben 575 2,492 Total CV Expenditures $ 5,211 $22,580 Total Change in Child Care Fund $ -0- $ -0- FINANCE COMMITTEE (The vote for this motion appears on page 274.) *MISCELLANEOUS RESOLUTION #07142 BY: Planning and Building Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS – WASTE RESOURCE MANAGEMENT – MICHIGAN GREEN SCHOOLS PROGRAM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Green Schools Program is a new program that was enacted in 2006; and WHEREAS the program encourages public and private schools to take steps towards being more environmentally and ecologically friendly; and Commissioners Minutes Continued. June 14, 2007 272 WHEREAS 20 specific activities are listed for the program, and a school must participate in 10 of those activities to be designated an official Green School; and WHEREAS many of these activities pertain to recycling and fall into the goals and work of Oakland County Waste Resource Management; and WHEREAS Waste Resource Management has been asked to manage this program for the Oakland County public and private schools; and WHEREAS there is no additional cost to Waste Resource Management to manage this program; and WHEREAS the law states that a county can designate either a county department or the county’s Intermediate School District to manage the program. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners designates Oakland County Waste Resource Management as the manager for the Michigan Green Schools Program in Oakland County. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE (The vote for this motion appears on page 274.) *MISCELLANEOUS RESOLUTION #07143 BY: Planning and Building Committee, Sue Ann Douglas, Chairperson IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION APPROVING PROJECT PLAN (THE BHARATIYA TEMPLE PROJECT) – CITY OF TROY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS The Economic Development Corporation of the County of Oakland (the "EDC") has recommended that the Board of Commissioners approve the Project Plan required by the Economic Development Corporations Act (the "Act") for the captioned Project, a copy of which has been presented to this meeting (the "Project Plan"); and WHEREAS the EDC's recommendations to the Board of Commissioners were based upon its determinations that the Project is reasonable and necessary to effectuate the purposes of the Act, that the Project Plan satisfies all of the requirements of the Act regarding project plans and that a letter of credit issued by a financial institution acceptable to the EDC will be available to pay debt service; and WHEREAS the governing body of the City of Troy, 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 The Economic Development Corporation of the County of Oakland, Oakland County, Michigan, The Bharatiya Temple Expansion Project, Project Plan on file in County Clerk’s office. (The vote for this motion appears on page 274.) Commissioners Minutes Continued. June 14, 2007 273 *MISCELLANEOUS RESOLUTION #07144 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: COUNTY EXECUTIVE – EMERGENCY RESPONSE AND PREPAREDNESS – PERFORMANCE GRANT AGREEMENT FOR FISCAL YEAR 2007 ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan has awarded Oakland County Emergency Response and Preparedness grant funding in the amount of $44,996 for the period of October 1, 2006, through September 30, 2007; and WHEREAS Emergency Management was notified of available grant funding via letter dated April 23, 2007, as attached; and WHEREAS this is the 35th year of grant acceptance for this program; and WHEREAS the purpose of the program is to encourage the development of comprehensive disaster preparedness and assistance plans, programs, capabilities, and organizations by the States and local governments; and WHEREAS the grant represents a reimbursement for a portion of salaries and is a pass-through of Federal funds for which no County match is required; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process subject to approval of the Department of Corporation Counsel and the Board of Commissioners Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts grant funding from the State of Michigan in the amount of $44,996 for Fiscal Year 2007. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant agreement and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Grant Review Sign Off – Emergency Response and Preparedness, Letter from Eddie Washington, Captain, Deputy State Director of Emergency Management and Homeland Security, State of Michigan Emergency Management Performance Grant (EMPG) Agreement for Fiscal Year 2007 on file in County Clerk’s office. FISCAL NOTE (MISC. #07144) BY: Finance Committee, Mike Rogers, Chairperson IN RE: COUNTY EXECUTIVE – EMERGENCY RESPONSE AND PREPAREDNESS - PERFORMANCE GRANT AGREEMENT FOR FISCAL YEAR 2007 ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolutions and finds: 1. Oakland County Emergency Management has been awarded grant funding by the State of Michigan in the amount of $44,996 for the period of October 1, 2006 through September 30, 2007, for the development of comprehensive disaster preparedness and assistance plans, programs, capabilities, and organizations by the State and local governments. 2. This is the 35th year of grant acceptance for this program. The Fiscal Year 2007 total EMPG award funds a portion of salary and fringe benefits of the Emergency Management department’s emergency program administrator’s salary and fringe benefits, (position #09864). 3. The grant agreement has been processed through the County Executive Contract Review Process, and the Board of Commissioner’s Grant Acceptance Procedures, subject to ratification by the Oakland County Board of Commissioners. 4. No County General Fund/General Purpose dollars are required for match. Commissioners Minutes Continued. June 14, 2007 274 5. Revenue from this agreement has already been included in the Fiscal Year 2007 Adopted Budget as General-Purpose revenue; no budget amendment is required. FINANCE COMMITTEE Vote on Consent Agenda: AYES: Burns, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potts, Rogers, Scott, Spector, Suarez, Woodward, Zack, Bullard. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda, were adopted. MISCELLANEOUS RESOLUTION #07145 – (ORDINANCE #27) BY: Finance Committee, Mike Rogers, Chairperson IN RE: AN ORDINANCE TO CONFIRM AND RESTATE OAKLAND COUNTY’S EXISTING CONTRACTUAL OBLIGATIONS TO PROVIDE FOR MEDICAL BENEFITS FOR CERTAIN RETIRED COUNTY EMPLOYEES AND THEIR ELIGIBLE DEPENDENTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The County of Oakland Ordains: Section 1. Title of ordinance. This ordinance shall be known and may be cited as the Retiree Medical Benefits Contractual Obligations Ordinance. Section 2. Intent and purpose. The Oakland County Board of Commissioners is empowered by statute to provide group health care benefits for County retirees and their dependents (“retiree medical benefits”) and has done so since 1965. The County’s longstanding contractual obligations to provide retiree medical benefits to eligible retired and active employees of the County are documented in contracts, resolutions, booklets and other documents and written communications available to County active and retired employees, but not collectively in one place. The intent and purpose of this ordinance are to provide a clear, comprehensive confirmation, reaffirmation and restatement of the County’s contractual obligations to provide retiree medical benefits, as befits these important County obligations. Section 3. History of the County’s obligations for retiree medical benefits. A. The County has provided retiree medical benefits to eligible County retirees and their dependents continuously since 1965. In a 1987 resolution, the Oakland County Board of Commissioners recognized that the established rights of eligible County retirees and employees to receive retiree medical benefits should not be subject to repudiation by future Boards of Commissioners and determined that it would be a “prudent fiscal policy to actuarially accrue and fund the liability for these vested future health care benefit payments.” Accordingly, in 1987, the County established a system of two trusts to fund its retiree medical benefits obligations. For the same purpose, the County established a voluntary employees benefit association trust (“VEBA trust”) under Section 501(c)(9) of the Internal Revenue Code in 2000 to replace the prior two trusts as a vehicle for funding its obligation to provide retiree medical benefits. At significant expense, the County has funded this ongoing, long-term liability continually since 1987. Commissioners Minutes Continued. June 14, 2007 275 B. Since their inception, these legally binding County contractual obligations for current and future retiree medical benefits have been expressly subject to the County’s reserved right to reasonably modify from time to time the portion of the total cost to be borne by retirees for receiving such benefits (e.g., co-pays and deductibles) and the scope and details of the provided retiree medical benefits, as appropriate to comport with evolving changes in medical research, technology, drug development, the practice of medicine, health care delivery and the costs thereof, but not modifications tantamount to providing less than an appropriate core package of retiree medical benefits. At various times, accordingly, the County has increased and/or decreased the cost of coverage to its retirees and the scope and details of the retiree medical benefits provided. C. Throughout its long history of performing its retiree medical benefits obligations, including currently, the County has maintained various negotiated agreements with health care insurers, health care providers, managed care organizations and others that specify at any given time the medical benefits then available to County retirees and their families. D. The documentation for the County’s contractual obligations to provide retiree medical benefits to eligible retired and active employees of the County, and a chronological listing of the County’s actions, practices and continuous course of dealing in providing retiree medical benefits since 1965, are described in Exhibit A at the end (and hereby made a part) of this ordinance. E. In recognition of the magnitude and financial significance of many governmental employers’ unfunded liabilities for retiree medical benefits, which previously were not reported in their financial statements under generally accepted governmental accounting principles, the Government Accounting Standards Board has recently required that employers, such as the County, must now report in their financial statements the reasonably estimated true cost of their unfunded accrued actuarial liabilities for post-employment medical benefits. This has presented an independent, additional reason for this ordinance to bring desirable clarity to identifying the same binding contractual commitments that the County has always acknowledged and paid when due since their inception and for which it has established, funded and maintained the VEBA trust since 2000. Section 4. Confirming existing contractual obligations for retiree medical benefits. A. The County Board of Commissioners hereby confirms, reaffirms and restates the County’s existing contractual obligations to provide retiree medical benefits to eligible retired and active County employees and their dependents, and acknowledges and agrees that these are binding contractual obligations of the County to eligible retired and active County employees and their dependents that future County Boards of Commissioners cannot repudiate. B. The retired and the currently active County employees who are eligible to receive County-provided retiree medical benefits are described in Exhibit B at the end (and hereby made a part) of this ordinance. They perform their side of the County’s contractual commitments to provide retiree medical benefits to them and their dependents by providing their services to the County as its employees and by meeting the applicable age and length-of-service criteria described in Exhibit B. Commissioners Minutes Continued. June 14, 2007 276 C. The scope of benefits currently included in the County’s retiree medical benefits program (“RMB program”) is summarized in Exhibits C and D at the end (and hereby made a part) of this ordinance. Such scope of benefits shall continue to be the core package of retiree medical benefits in the RMB program that will be provided by the County for eligible current and future retirees in fulfillment of its existing, binding, contractual obligations which are confirmed, reaffirmed and restated in this ordinance; provided, that the County has the right, subject to and strictly limited to the extent of any conflicting collective bargaining agreement obligation, to reasonably modify from time to time the RMB program, taking into account then prevailing customs and standards for governmental employers reasonably comparable to the County: (1) with respect to the amounts retirees may have to contribute to the costs of their and their dependents’ coverage (for example and without limitation, co-pays and deductibles) and the scope of coverage and range of benefits provided, as appropriate to comport with evolving changes in medical research, technology, drug development, the practice of medicine, health care delivery and the costs thereof (for example and without limitation, if developments in medical treatment and technology allow for replacing certain services and treatments that are currently provided with different services and treatments that are better suited to achieve the intended clinical results), but not modifications tantamount to providing less than an appropriate core package of retiree medical benefits; (2) to introduce programs designed to help participants in the RMB program better maintain their health, encourage preventive care and better control and manage chronic conditions; and provided, further, that any modifications by the County to the RMB program’s scope of coverage shall maintain a level of coverage after their implementation reasonably comparable to the level of coverage immediately prior to their implementation; and (3) insofar as necessary so as not to violate any Michigan statutory law that prohibits the County from providing retiree medical benefits at the cost and scope of coverage for which the County is contractually obligated on the date of adoption of this ordinance. D. Notwithstanding anything to the contrary in this ordinance, in the event that any other health care benefits plan, program or arrangement becomes effective which, at no further expense to the County and with no lapse in coverage for any retirees or their dependents, incontrovertibly provides comparable or superior retiree medical benefits coverage in any respect to the persons then covered under the County’s RMB program, the County’s existing, binding, contractual obligations which are confirmed, reaffirmed and restated in this ordinance may be satisfied to that extent, in whole or in part, by such other retiree medical benefits provided by such other plan, program or arrangement. Section 5. Dispute resolution. In the event that any person with standing asserts that any necessary provision is missing from the County’s contractual commitment to provide retiree medical benefits to any eligible person, either side may require the other to submit the reasons for its position, in writing, and to then enter into good faith negotiations to attempt to agree on supplying the allegedly missing provision. If, however, they subsequently cannot so agree, the County and such other side shall each select one arbitrator to determine the issue. If the two arbitrators still disagree, then the two arbitrators originally selected shall select a third arbitrator, and the decision of the majority of the arbitrators shall be binding. Commissioners Minutes Continued. June 14, 2007 277 Such arbitration shall proceed in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“Rules”) insofar as such Rules are not inconsistent with the provisions expressly set forth in the County’s contractual commitments to provide retiree medical benefits, unless the parties mutually agree otherwise, and pursuant to the following procedures: (i) Notice of the demand for arbitration by either side shall be filed in writing with the other side and with the American Arbitration Association (“Association”). Each side shall appoint an arbitrator, and those party- appointed arbitrators shall appoint a third neutral arbitrator within 10 days. If the party-appointed arbitrators fail to appoint a third, neutral arbitrator within 10 days, such third, neutral arbitrator shall be appointed by the Association in accordance with the governing Rules. A determination by a majority of the panel shall be binding. (ii) Reasonable discovery shall be allowed in arbitration. (iii) All proceedings before the arbitrators shall be held in Oakland County, Michigan, and the governing law shall be the law of Michigan. (iv) The costs and fees of the arbitration shall be borne by each side to the extent each side incurs costs and the other side shall only be asked to share the actual administrative costs of the neutral arbitrator in accordance with the rules of the Association. (v) The decision rendered by the arbitrators shall be final and judgment may be entered in accordance with applicable law and in any court having jurisdiction thereof. Section 6. Severability. If any provision of this ordinance is held invalid, the invalidity does not affect other provisions that can be given effect without the invalid provision. Section 7. Effective date. This ordinance shall become effective upon adoption by the Board of Commissioners and approval by the County Executive. Section 8. Authority to adopt ordinance. The Oakland County Board of Commissioners is granted authority by Section 6 of Public Act No. 139 of the Public Acts of Michigan of 1973, as amended, to adopt ordinances necessary for the conduct of county business. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing ordinance. FINANCE COMMITTEE Copy of Certification, Exhibit A, Exhibit B, Medical Options Comparison Retiree (Non-Medicare), and Delta Preferred Option Point-of-Service USA Summary of Dental Plan Benefits on file in County Clerk’s office. Moved by Rogers supported by Coulter the resolution be adopted. AYES: Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Woodward, Zack, Bullard, Burns. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. Commissioners Minutes Continued. June 14, 2007 278 MISCELLANEOUS ORDINANCE #07146 – (Ordinance #28) BY: Finance Committee, Mike Rogers, Chairperson IN RE: AN ORDINANCE TO ESTABLISH AN ALTERNATIVE FUNDING MECHANISM FOR OAKLAND COUNTY TO FULFILL ITS CONTRACTUAL OBLIGATIONS TO PROVIDE RETIREE MEDICAL BENEFITS FOR RETIREES AND CERTAIN ACTIVE EMPLOYEES OF THE COUNTY; TO AUTHORIZE THE FORMATION BY THE COUNTY OF AN OAKLAND COUNTY RETIREE MEDICAL BENEFITS FUNDING TRUST FOR THE PURPOSE OF ISSUING TAXABLE CERTIFICATES OF PARTICIPATION TO PROVIDE FUNDS TO PAY A SPECIFIED AMOUNT OF THE UNFUNDED ACCRUED ACTUARIAL LIABILITIES OF THE COUNTY FOR THE ESTIMATED COSTS OF FULFILLING SUCH OBLIGATIONS; TO APPROVE THE FORM OF A CONTRACT BETWEEN THE COUNTY AND SUCH FUNDING TRUST; AND TO AUTHORIZE THE FORMATION BY THE COUNTY OF AN OAKLAND COUNTY INTERMEDIATE RETIREE MEDICAL BENEFITS TRUST FOR USE IN CONNECTION WITH SUCH ALTERNATIVE FUNDING MECHANISM. THIS ORDINANCE DOES NOT INTEND TO AND DOES NOT RESCIND ANY SUBSTANTIVE RIGHTS, ENTITLEMENTS OR OBLIGATIONS WITH RESPECT TO BENEFITS EARNED OR ACCRUED OF RETIREES OR EMPLOYEES OF THE COUNTY OR THEIR DEPENDENTS. THIS ORDINANCE DOES NOT SUPERSEDE ANY CONFLICTING PROVISION OF ANY COLLECTIVE BARGAINING AGREEMENTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The County of Oakland Ordains: Section 1. Title of ordinance. This ordinance shall be known and may be cited as the Retiree Medical Benefits Funding Ordinance. Section 2. Authority to adopt ordinance. The Oakland County Board of Commissioners (the “Board of Commissioners”) is granted authority by Section 6 of Public Act No. 139 of the Public Acts of Michigan of 1973, as amended, to adopt ordinances necessary for the conduct of county business. Section 3. Legislative findings. The Board of Commissioners expressly finds and determines that: A. The Board of Commissioners is authorized by statute to provide for medical benefits for County retirees and their dependents, and to create reserves for the purpose of providing pension and other retirement benefits on a sound actuarial basis. B. The County is contractually obligated to provide retiree medical benefits to eligible retired and active County employees and their dependents, as confirmed and restated in the Retiree Medical Benefits Contractual Obligations Ordinance adopted by the Board of Commissioners on the same date as the adoption of this ordinance. C. Maintaining the actuarial integrity of the County’s retiree medical benefits program is an important public purpose to ensure that retirees obtain the medical benefits to which they are entitled. D. Pursuant to Resolution No. 00210 adopted by the Board of Commissioners on August 24, 2000 and a trust agreement effective as of October 1, 2000, the County established a voluntary employee benefit association trust (“VEBA Trust”) as a vehicle for funding the County’s contractual obligations to provide retiree medical benefits, which continues in full force and effect. The VEBA Trust provides the County a prudent means to pay the costs of providing these benefits when they come due and to create reserves for the purpose of maintaining the actuarial integrity of the County’s system for funding these benefits. F. The County’s actuary, in consultation with the VEBA Trust’s actuary, has estimated that the County’s unfunded accrued actuarial liabilities for retiree medical benefits for certain eligible retired and active employees of the County is $560,000,000 as of September 30, 2006 (“Subject RMB UAAL”). Commissioners Minutes Continued. June 14, 2007 279 G. It is in the best interest of the County to authorize by this ordinance an alternative to its traditional mechanism for funding the costs of fulfilling its contractual obligations to provide retiree medical benefits (an “Alternative Funding Mechanism”), to better maintain the actuarial integrity of its retiree medical benefits program and to reduce the financial burden to the County of the Subject RMB UAAL. The Alternative Funding Mechanism will enable the County to enter into a transaction (the “Funding Transaction”) to obtain funds to fund the Subject RMB UAAL. H. Toward that end, it is in the best interest of the County to authorize by this ordinance these elements of the Alternative Funding Mechanism: (i) the establishment of the Funding Trust (as defined in this ordinance), designed to work in conjunction with the Intermediate Trust (as defined in this ordinance) and the VEBA Trust, and (ii) the County’s entering into a related contract with the Funding Trust as a means for the County to fund the Subject RMB UAAL. I. This ordinance shall not be deemed to affect any benefits under the County’s retiree medical benefit program or other subjects of collective bargaining or Act 312 arbitration awards and shall be so interpreted. Section 4. Certain definitions. Budget Director means the Director of the Oakland County Department of Management and Budget. Certificates of Participation means the 2007 Oakland County Retiree Medical Benefits Funding Trust Taxable Certificates of Participation, Series 2007 to be issued by the Funding Trust to evidence the right to payment from an income stream of Scheduled Payments and Contract Charges to be made by the County. 2007 Contract means the 2007 Oakland County Retiree Medical Benefits Contract, dated as of July 1, 2007, authorized by this ordinance between the County and the Funding Trust in substantially the form attached hereto as Appendix A. County Executive means the person holding the office of Oakland County Executive, Oakland County, Michigan or any Deputy County Executive. County Treasurer means the person holding the office of Oakland County Treasurer, Oakland County, Michigan or the Deputy County Treasurer. Disclosure Document means any preliminary or final offering circular or other disclosure document prepared for use in connection with the initial offering of Certificates of Participation. Funding Trust means the 2007 Oakland County Retiree Medical Benefits Funding Trust authorized by this ordinance to be established by a trust agreement, dated as of July 1, 2007, between the County and the Trustee (“Funding Trust Agreement”) in substantially the form attached hereto as Appendix B. Intermediate Trust means the 2007 Oakland County Intermediate Retiree Medical Benefits Trust intended to be authorized by a resolution of the Board of Commissioners, to be established by a trust agreement, dated as of July 1, 2007, between the County and the trustees described therein (“Intermediate Trust Agreement”). Ordinance, when used as “this ordinance,” means this ordinance with the number in the caption as originally adopted by the Board of Commissioners and thereafter as it may be amended by ordinance of the County; provided, however, that the term “this ordinance” does not include any amendment of this ordinance as originally adopted affecting the 2007 Contract unless such amendment expressly so provides and then only if such amendment does not materially impair any obligations to any holders of any Certificates of Participation issued in respect to either the 2007 Contract or to the Trustee. Commissioners Minutes Continued. June 14, 2007 280 Person means any natural person, firm, association, corporation, trust, partnership, joint venture, joint-stock company, municipal corporation, public body or other entity, however organized. Trustee means the Person acting as trustee of the Funding Trust. Section 5. Approvals and determinations. Any approval or determination authorized to be given or made by any individual pursuant to this ordinance shall be conclusively evidenced if an instrument or document executed by such individual provides for the subject matter of such determination, and it shall not be necessary that such determination or the basis therefor be specifically recited in such instrument or document. Section 6. The Funding Trust. A. The County Executive, or the Budget Director acting at the direction of the County Executive, is hereby authorized to enter into the Funding Trust Agreement for the creation of the Funding Trust. B. The Funding Trust shall be established for the purpose of assisting the County in maintaining the actuarial integrity of the County’s retiree medical benefits program by providing a mechanism for funding the Subject RMB UAAL. C. The Trustee shall be appointed by the County Executive and shall be a trust company or bank with trust powers organized under the laws of the United States of America or any state of the United States with a combined capital and surplus of at least $50,000,000. D. The agreement establishing the Funding Trust may contain such other provisions as the parties deem necessary or desirable. E. No amendment to any provision of the Funding Trust Agreement required by this ordinance shall become effective unless approved by an ordinance or resolution of the Board of Commissioners. F. After the original issuance of the Certificates of Participation and when no Certificates of Participation are any longer outstanding and when the Funding Trust has no obligations outstanding, the Board of Commissioners shall take appropriate action to revoke or terminate the Funding Trust, if revocation or termination is permitted under applicable law. Section 7. The Intermediate Trust. A. The Intermediate Trust shall be established for the purpose of assisting the County in maintaining the actuarial integrity of its retiree medical benefits program by receiving from the Funding Trust a portion of the proceeds from its issuance and sale of the Certificates of Participation, in an amount equal to the Subject RMB UAAL, and distributing specified amounts from the Intermediate Trust to the VEBA Trust periodically in accordance with the schedule for amortizing the Subject RMB UAAL contained in the Intermediate Trust Agreement (“Scheduled Amounts”). B. The Intermediate Trust shall irrevocably receive such proceeds of the Certificates of Participation and shall invest and reinvest those assets in accordance with the Intermediate Trust Agreement by which it is established. C. Upon notice and request of the trustee of the VEBA Trust, which notice and request shall be made no less frequently than annually, the Intermediate Trust shall distribute to the VEBA Trust the Scheduled Amount, or the requested portion thereof, for the applicable year. The Intermediate Trust may not, however, release the Scheduled Amount to the VEBA Trust until it has been notified by the Funding Trust that the County is current on all Scheduled Payments (as defined in the 2007 Contract) due in the immediately prior twelve-month period. Commissioners Minutes Continued. June 14, 2007 281 D. If the County is not current on all Scheduled Payments due in the immediately prior twelve-month period, either the trustee of the Intermediate Trust or the trustee of the VEBA Trust, or both, independent of and in addition to the Trustee, is authorized to bring suit against the County requiring it to become current on all such delinquent payments. E. No amendment to any provision of the Intermediate Trust Agreement required by this ordinance shall become effective unless approved by an ordinance or resolution of the Board of Commissioners. Section 8. The 2007 Contract. A. The Chairperson of the Board of Commissioners and County Clerk are authorized to execute and deliver the 2007 Contract, in the name of and on behalf of the County, to fund the Subject RMB UAAL. B. The terms and conditions for the 2007 Contract shall be in substantially the form attached hereto as Appendix A, with such changes as may be approved by the Chairperson of the Board of Commissioners. C. The authority of the Chairperson of the Board of Commissioners to make changes or additions to the form of the 2007 Contract is subject to the limitations contained in this ordinance. D. The 2007 Contract will provide for payments to be made by the County (“Contract Payments”) consisting of Scheduled Payments, Optional Prepayments and Contract Charges as set forth in the form of the 2007 Contract attached hereto as Appendix A. The annual amounts of the Scheduled Payments will be as set forth on Appendix C. The maximum annual amount of the Contract Charges will be as set forth on Appendix D. E. The 2007 Contract shall permit the sale of participation interests under the Funding Trust and in the Contract Payments of the County to be made thereunder in the form of Certificates of Participation. F. In addition to the Subject RMB UAAL, the aggregate amount of Scheduled Payments may include amounts, not in excess of one and eight-tenths percent (1.80%) of the Subject RMB UAAL acceptable to the Budget Director, in connection with the County’s obtaining funds to fund the Subject RMB UAAL through the Funding Trust’s issuance of Certificates of Participation, including Costs of Issuance (as defined in the 2007 Contract and prefunded Contract Charges. G. Scheduled Payments shall be paid over a period of not more than twenty (20) annual payments, as determined by the Budget Director. H. No Scheduled Payment shall be subject to mandatory prepayment or acceleration. Section 9. Disclosure Information. A. The County Treasurer is authorized to prepare or cause the preparation of information relating to the County (“County Information”) for inclusion in the Disclosure Document; to deem the County Information “final” for purposes of Rule 15c2-12 promulgated by the Securities and Exchange Commission under the Securities Act of 1934, as amended (the “Rule”); and to sign the County Information in the name of and on behalf of the County. B. The County Treasurer may authorize the distribution of the County Information in connection with the initial offering of the Certificates of Participation, as he deems fit. C. The County Treasurer may enter into a Continuing Disclosure Agreement in the name of and on behalf of the County with respect to the County Information in customary form in order to permit Persons subject to the Rule to comply therewith in connection with the purchase and sale of the Certificates of Participation. Commissioners Minutes Continued. June 14, 2007 282 Section 10. Offering Circular The County Treasurer in cooperation with Municipal Financial Consultants Incorporated is authorized to cause an offering circular to be circulated to potential purchasers of the Certificates or Participation. Section 11. Notice of sale; sealed bids; award. A. Sealed bids for the purchase of the Certificates of Participation shall be accepted up to a time to later be determined by the County Treasurer. Notice of the sale shall be published once in accordance with law in the Bond Buyer, in substantially the form attached as Appendix E to this ordinance. The County Treasurer, after conferring with Certificates Counsel, Axe & Ecklund, P.C., attorneys of Grosse Pointe Farms, Michigan, may make such changes to the attached Notice of Sale, or cause it to be published in additional publications, as he deems appropriate. B. Once all bids are received, the County Treasurer is authorized to award the Certificates to the bidder whose bid produces the lowest true interest cost to the Trust by signing an order in the form attached hereto as Appendix F. C. The County Treasurer is authorized fill in the blanks in Appendix E - Form of Notice of Sale and Appendix F - Award Order prior to executing and filing these documents with the Oakland County Clerk. D. The County Treasurer is authorized to act as an agent for the Funding Trust in formation to receive and invest prior to the closing the good faith check called for in the Notice of Sale. Section 12. Closing. (a) The Closing shall occur after the Certificates of Participation have been sold at a public sale and shall occur on or before July 31, 2007. (b) At the Closing the following shall occur: (1) The Funding Trust Agreement, the 2007 Contract and the Intermediate Trust Agreement shall all be executed and delivered together with certified copies of all resolutions or other official actions required before their execution. (2) The Certificates of Participation shall be delivered to the initial purchasers in return for the proceeds of the sale which shall be delivered to the Trustee. (3) Opinions of counsel shall be executed and delivered to the Trustee, the initial purchasers and the County. (4) Such additional certificates, approvals, opinions or other documents of any nature whatsoever required in order to obtains the opinions of counsel shall be executed and delivered. Section 13. Actions on Behalf of the County. A. The Oakland Country Treasurer or the Oakland County Deputy Treasurer, the Oakland County Executive or any Deputy County Executive, acting on behalf of the County Executive, or any one or more of them, and each of them is, at any time hereafter and without further action by or authority or direction from the Board of Commissioners of the County, authorized to execute and deliver or cause to be executed and delivered all such other and further agreements, requests, statements, instruments and documents and to do or cause to be done all such other and further acts and things as any such official may determine to be necessary or advisable under or in connection with the Funding Trust Agreement, the 2007 Contract or this ordinance and the execution by any such official of any such agreement, request, statement, instrument or document or the doing of any such act or thing shall be conclusive evidence of his/her or their determination in that respect. Commissioners Minutes Continued. June 14, 2007 283 B. In addition to the authority herein expressly granted to the County Treasurer and the County Executive, the County Treasurer and the County Executive are hereby authorized and directed to do all things and take all actions necessary or desirable to consummate the other transactions contemplated by this ordinance. Section 14. Severability. If any provision of this ordinance is held invalid, the invalidity does not affect other provisions that can be given effect without the invalid provision. Section 15. Effective Date. This ordinance shall become effective upon adoption by the Board of Commissioners and approval by the County Executive. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing ordinance. FINANCE COMMITTEE Copy of Certification, Appendix A 2007 Oakland County Retiree Medical Benefits Contract, Trust Agreement Establishing 2007 Oakland County Retiree Medical Benefits Funding Trust, Appendix A Form of Certificate, Appendix C, Appendix D, Appendix E, Appendix F, and Exhibit I on file in County Clerk’s office. Moved by Rogers supported by Woodward the resolution be adopted. AYES: Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Woodward, Zack, Bullard, Burns, Coulter. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. MISCELLANEOUS RESOLUTION #07147 BY: Finance Committee, Mike Rogers, Chairperson IN RE: RESOLUTION APPROVING THE 2007 OAKLAND COUNTY INTERMEDIATE RETIREE MEDICAL BENEFITS TRUST AGREEMENT BETWEEN THE COUNTY AND THE TRUSTEES DESCRIBED THEREIN, ESTABLISHING THE 2007 OAKLAND COUNTY INTERMEDIATE RETIREE MEDICAL BENEFITS TRUST To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland, Michigan (the “County”) provides post-retirement medical benefits to eligible retirees and/or their spouses and eligible dependents, as provided by the Oakland County Merit System and its policies and County-sponsored retiree medical benefit plans (the “Retiree Medical Benefits”); and WHEREAS as permitted by Federal and State laws the County established the Oakland County VEBA (the "VEBA Trust") as documented by the Oakland County VEBA Trust Agreement effective as of October 1, 2000, between the County and the Trustees described therein (or their successors) (the “VEBA Trustees”), as amended, for the purposes of accumulating the funds needed to pay for Retiree Medical Benefits and receiving contributions for that purpose from the County and its employees; and WHEREAS pursuant to an enabling ordinance enacted by the Oakland County Board of Commissioners on June 14, 2007 (the “Funding Ordinance”) authorizing an alternate funding mechanism for the County to fulfill its obligations to provide for funding a specified amount of the County’s estimated unfunded accrued actuarial liabilities for Retiree Medical Benefits (the “Designated Liabilities”) over a period ending April 1, 2027 (the “Funding Period”), the County desires to establish an intermediate trust to irrevocably receive a certain amount of the net proceeds (the “Funding Proceeds”) from the sale by the 2007 Oakland County Retiree Medical Benefits Funding Trust (the “Funding Trust”) of its Taxable Certificates of Participation, Series 2007 (the “Certificates”) and to hold, invest and distribute the Intermediate Trust (as defined below) assets, all in accordance with the Intermediate Trust Agreement attached hereto as Appendix A, as it may be amended in accordance with its terms; and Commissioners Minutes Continued. June 14, 2007 284 WHEREAS it is the intent of the County to create hereby an irrevocable grantor trust which is an integral part of the County (the “Intermediate Trust”) to receive and hold in trust the Funding Proceeds and to distribute the Funding Proceeds and investment earnings thereon in specified amounts at scheduled intervals during the Funding Period to the VEBA Trust, to be used by the VEBA Trust to pay for the Retiree Medical Benefits. NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of The County of Oakland, Michigan, as follows: 1. There is hereby created the 2007 Oakland County Intermediate Retiree Medical Benefits Trust (the “Intermediate Trust”). 2. The 2007 Oakland County Intermediate Retiree Medical Benefits Trust Agreement attached hereto as Appendix A (the “Intermediate Trust Agreement”) is hereby approved. 3. The initial Trustees of the Intermediate Trust shall be the same persons who are the Commissioners of the Oakland County Employees Retirement System, as designated by the Oakland County Board of Commissioners. 4. All withdrawals from the Intermediate Trust’s funds shall be solely for the payment of Retiree Medical Benefits and administrative expenses of the Intermediate Trust. 5. The persons who are eligible to have health care benefits paid by the Intermediate Trust are those current retirees and active employees of the County who are now eligible or who will become eligible for Retiree Medical Benefits. 6. The Intermediate Trust and the funds therein will be established on an actuarial basis. 7. The Oakland County Executive or any Deputy County Executive, acting on behalf of the County Executive, or any one or more of them, and each of them is, at any time hereafter and without further action by or authority or direction from the Board of Commissioners of the County, authorized to execute (by manual or facsimile signature) and deliver the Intermediate Trust Agreement in substantially the form presented at this meeting, including such changes in or additions to such form (including, but not limited to, completing any blanks therein) as the officials executing the same may determine to be necessary or advisable, and that the execution of the Intermediate Trust Agreement by such officials on behalf of this County shall be conclusive evidence of their determination in that respect. 8. The Oakland County Executive or any Deputy County Executive, acting on behalf of the County Executive, or any one or more of them, and each of them is, at any time hereafter and without further action by or authority or direction from the Board of Commissioners of the County, authorized to execute and deliver or cause to be executed and delivered all such other and further agreements, requests, statements, instruments and documents and to do or cause to be done all such other and further acts and things as any such official, attorney or agent may determine to be necessary or advisable under or in connection with the Intermediate Trust Agreement or this resolution, and that the execution by any such official, attorney or agent of any such agreement, request, statement, instrument or document or the doing of any such act or thing shall be conclusive evidence of his/her or their determination in that respect. 9. This resolution shall take immediate effect upon its adoption and the signature of the Oakland County Executive indicating his approval. Chairperson, on behalf of the Finance Committee, I approve the foregoing resolution. FINANCE COMMITTEE Copy of Certification and Appendix A 2007 Oakland County Intermediate Retiree Medical Benefits Trust Agreement on file in County Clerk’s office. Commissioners Minutes Continued. June 14, 2007 285 Moved by Rogers supported by Zack the resolution be adopted. AYES: Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Woodward, Zack, Bullard, Burns, Coulter, Crawford. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. REPORT (MISC. #07125) BY: General Government Committee, Christine Long, Chairperson 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: The General Government Committee, having reviewed Miscellaneous Resolution #07125 on June 4, 2007, reports with a recommendation that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #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 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 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. Commissioners Minutes Continued. June 14, 2007 286 Vote on resolution: AYES: Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Woodward, Zack, Bullard, Burns, Coulter, Crawford, Douglas. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. REPORT (MISC. #07126) BY: General Government Committee, Christine Long, Chairperson 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: The General Government Committee, having reviewed Miscellaneous Resolution #07126 on June 4, 2007, reports with a recommendation that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #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 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. Commissioners Minutes Continued. June 14, 2007 287 Vote on resolution: AYES: Gingell, Gosselin, Greimel, Jacobsen, Kowall, Long, Middleton, Potter, Potts, Rogers, Scott, Spector, Woodward, Bullard, Burns, Coulter, Crawford, Douglas, Gershenson. (19) NAYS: Gregory, Hatchett, Nash, Suarez, Zack. (5) A sufficient majority having voted in favor, the resolution was adopted. MISCELLANEOUS RESOLUTION #07148 BY: General Government Committee, Christine A. Long, Chairperson IN RE: PARKS AND RECREATION COMMISSION – AMENDMENT TO RED OAKS GOLF COURSE LEASE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentleman: WHEREAS pursuant to Miscellaneous Resolution No. 04151, the County of Oakland approved a 50-year lease (“lease”) with the George W. Kuhn Drainage District for the property located in Madison Heights for the purpose of the Red Oaks Golf Course; and WHEREAS the George W. Kuhn Drainage District acquired parcel number 25-12-203-007, which is contiguous to the Red Oaks Golf Course and currently not included in the premises leased by the County; and WHEREAS the Oakland County Parks and Recreation Commission, at its regular meeting of May 2, 2007, authorized the department to approve an amendment to the lease to add parcel number 25-12-203- 007 to the premises leased by the County; and WHEREAS the legal description of the property added is set forth in Exhibit A of the Amendment to the Lease; and WHEREAS all terms and conditions set forth in the Lease remain in full force and effect. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the First Amendment to the Lease between the County of Oakland and the George W. Kuhn Drainage District for the property at the Red Oaks Golf Course to include parcel number 25-12-203-007. BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Amendment to the Red Oaks Golf Course Lease and all other related documents between the County of Oakland and George W. Kuhn Drainage District, which may be required to complete the transaction. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of First Amendment to Oakland County Red Oaks Golf Course Lease on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #07149 BY: General Government Committee, Christine A. Long, Chairperson IN RE: PARKS AND RECREATION COMMISSION – AMENDMENT TO RED OAKS WATER PARK LEASE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentleman: WHEREAS pursuant to Miscellaneous Resolution No. 04150, the County of Oakland approved a 50-year lease (“Lease”) with the George W. Kuhn Drainage District for the property located in Madison Heights for the purpose of the Red Oaks Water Park; and WHEREAS Oakland County Parks and Recreation requires additional property for overflow parking for the Red Oaks Water Park and a proposed dog walking area; and WHEREAS the Oakland County Parks and Recreation Commission, at its regular meeting of May 2, 2007 authorized the department to approve an amendment to the lease to include additional property from the George W. Kuhn Drain and the Henry Graham Drainage Districts; and WHEREAS all terms and conditions set forth in the Lease remain in full force and effect. Commissioners Minutes Continued. June 14, 2007 288 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the First Amendment to the Lease between the County of Oakland and the George W. Kuhn Drainage District for the property at the Red Oaks Water Parks to include property identified in Exhibit B of the agreement for overflow parking and proposed dog walking areas. BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Amendment to the Red Oaks Water Park Lease and all other related documents between the County of Oakland and George W. Kuhn Drainage District which may be required to complete the transaction. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of First Amendment to Oakland County Red Oaks Water Park Lease and Red Oaks Water Park – Amendment Exhibit B on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. REPORT (MISC. #07138) BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – REQUIRE OAKLAND COUNTY HEALTH DEPARTMENT TO PROVIDE CONSUMERS WITH EDUCATION BROCHURE FOR REPORTING SEVERE ADVERSE REACTIONS TO THE FEDERAL DRUG ADMINISTRATION AND THE VACCINE ADVERSE EVENT REPORTING SYSTEM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #07138 on June 4, 2007, reports with a recommendation that the resolution be amended, as follows: 1. Amend the NOW THEREFORE BE IT RESOLVED paragraph, as follows: NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners requires the Oakland County Health Division to develop a brochure or other mechanism for the purpose of educating and encouraging county residents to report serious adverse effects of vaccines, prescription drugs, generic drugs, over the counter medications and medical appliances to the FDA. 2. Amend the 1st BE IT FURTHER RESOLVED paragraph, as follows: BE IT FURTHER RESOLVED that the Oakland County Health Division report advise consumers of the reporting options for serious adverse effects that they become aware of to MedWatch or VAERS as long as such reporting is consistent with state and federal patient privacy statutes. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #07138 BY: Sue Ann Douglas, District #12, Christine Long, District #7, and Eileen Kowall, District #6 IN RE: BOARD OF COMMISSIONERS – REQUIRE OAKLAND COUNTY HEALTH DEPARTMENT TO PROVIDE CONSUMERS WITH EDUCATIONAL BROCHURE FOR REPORTING SEVERE ADVERSE REACTIONS TO THE FEDERAL DRUG ADMINISTRATION AND THE VACCINE ADVERSE EVENT REPORTING SYSTEM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Federal Drug Administration (FDA), the Department of Health and Human Services (HHS), and the Centers for Disease Control and Prevention (CDC) provide healthcare professionals and consumers with access to MedWatch, an adverse event reporting system for serious adverse events, potential and actual product use errors, and product quality problems associated with the use of FDA- regulated drugs, biologics (including human cells, tissues, and cellular and tissue-based products), medical devices (including in-vitro diagnostics, special nutritional products and cosmetics); and Commissioners Minutes Continued. June 14, 2007 289 WHEREAS MedWatch allows healthcare professionals and consumers to report serious problems that they suspect are associated with the drugs and medical devices they prescribe, dispense, or use; and WHEREAS the Federal Drug Administration (FDA), the Department of Health and Human Services (HHS), and the Centers for Disease Control and Prevention (CDC) also provide The Vaccine Adverse Event Reporting System (VAERS), a national vaccine safety surveillance; and WHEREAS products are tested prior to FDA approval on a relatively small group of people and sometimes negative product effects are not recognized until the product is distributed to the general population; and WHEREAS healthcare providers are not required to report serious adverse effects and product quality problems to the FDA; and WHEREAS reporting serious adverse effects of vaccines, prescription drugs, generic drugs, over the counter medications and medical appliances helps ensure the product safety for end users of these products; and WHEREAS if a consumer believes that he/she or a family member has experienced a serious adverse effect from a product, they are encouraged to provide their information to the FDA; and WHEREAS reporting problems can lead to improved labeling, warnings being issued or product recalls; and WHEREAS reports can be filed either online, by fax, by telephone or by mail. The FDA will respond to let the person reporting know that their report was received. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners requires the Oakland County Health Division to develop a brochure for the purpose of educating and encouraging county residents to report serious adverse effects of vaccines, prescription drugs, generic drugs, over the counter medications and medical appliances to the FDA. BE IT FURTHER RESOLVED that the Oakland County Health Division report serious adverse effects that they become aware of to MedWatch or VAERS as long as such reporting is consistent with state and federal patient privacy statutes. BE IT FURTHER RESOLVED that the educational brochure be available on the Oakland County Website. Chairperson, we move adoption of the foregoing resolution. SUE ANN DOUGLAS, CHRISTINE LONG, BRADFORD JACOBSEN, ROBERT GOSSELIN, MICHAEL GINGELL, BILL BULLARD, HUGH CRAWFORD, TIM GREIMEL, GEORGE SUAREZ, DAVID WOODWARD, EILEEN KOWALL, JOHN SCOTT, DAVID POTTS, JEFF POTTER, MIKE ROGERS, THOMAS MIDDLETON, JIM NASH, MATTIE HATCHETT, ERIC COLEMAN Moved by Long supported by Douglas the resolution be adopted. Moved by Long supported by Douglas the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Long supported by Douglas the resolution be amended to coincide with the recommendation in the General Government Committee Report. A sufficient majority having voted in favor, the amendment carried. Vote on resolution, as amended: AYES: Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Woodward, Zack, Bullard, Burns, Coulter, Crawford, Douglas, Gershenson, Gingell. (24) NAYS: None. (0) Commissioners Minutes Continued. June 14, 2007 290 A sufficient majority having voted in favor, the resolution, as amended, was adopted. MISCELLANEOUS RESOLUTION #07150 BY: Personnel Committee, Thomas Middleton, Chairperson IN RE: HUMAN RESOURCES – FISCAL YEAR 2007-2008 WAGE AND BENEFIT REOPENER AND COLLECTIVE BARGAINING AGREEMENT EXTENSION FOR EMPLOYEES REPRESENTED BY AFSCME COUNCIL 25 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland and AFSCME Council 25 have negotiated a Wage and Benefit reopener for Fiscal Year 2007 and for approximately five Board of Commissioner employees; and WHEREAS this agreement provides for 2% increase with an additional 1% increase for the classification of Senior Committee Coordinator effective with the pay period beginning September 30, 2006; and WHEREAS this agreement provides that health care for the employees represented by this bargaining unit will be consistent with Miscellaneous Resolution #06114 effective with the ratification of this agreement; and WHEREAS this agreement will be extended through Fiscal Year 2008; and WHEREAS this agreement provides for the same increase for Fiscal Year 2008 as approved for the general non-represented employees, to be effective at the same time and in the same manner; and WHEREAS this agreement provides that any benefit modifications implemented for the general, non- represented employees during Fiscal Year 2008 will be implemented for these employees at the same time and in the same manner; and WHEREAS the agreement has been reduced to writing; and 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 and collective bargaining agreement extension between the County of Oakland and AFSCME Council 25 covering the period of October 1, 2006, through September 30, 2008, 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 AFSCME Council 25 Board of Commissioners Committee Coordinators Fiscal Year 2007 and 2008 on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #07151 BY: Personnel Committee, Thomas F. Middleton, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT – DEFERRED DEFINED BENEFIT RETIREMENT BUY- OUT PLAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland continues to explore opportunities to control personnel costs while maintaining a competitive salary and benefit package; and WHEREAS the County of Oakland has a number of vested, deferred retirements to administer, including the provision of future health care, for persons no longer in the service of the County; and WHEREAS the Michigan Attorney General, in 1991 Opinion Number 6697, page 116, confirms that the County may, without violating the State Constitutional protection of contractual obligations, modify retirement benefits to current retirees and members if it provides alternative benefits in their place that are equal to or greater than pension benefits that would be limited or withdrawn; and WHEREAS it is permissible to amend the plan to offer deferred retirees the opportunity to receive a "Lump-Sum" payment actuarially equivalent to the present value of their accrued benefit; and Commissioners Minutes Continued. June 14, 2007 291 WHEREAS deferred retirees will incur no tax consequence if a deferred retiree elects to roll the Lump- Sum to another tax-qualified retirement plan or Individual Retirement Account (IRA); and WHEREAS the law does not prohibit the County from requiring the deferred retirees surrender other retirement benefits including future health care as a condition of receiving the optional Lump-Sum buy- out; and WHEREAS any offer to buy-out deferred retirements would be voluntary and optional to those eligible; and WHEREAS the approval of changes to the retirement plan requires an actuarial calculation, in addition to authorization by the County Board of Commissioners. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves a Deferred Retirement Buy-Out Plan initiating an offer to buy-out accrued, vested retirement benefits to members of the retirement system who have left the service of Oakland County, deferring their retirement benefits. BE IT FURTHER RESOLVED that buy-outs, effective September 1, 2007, be offered in a Lump-Sum, thereby allowing the option of a rollover of same to another tax-qualified retirement plan or Individual Retirement Account (IRA). BE IT FURTHER RESOLVED that the buy-out of each particular deferred retiree be contingent on the deferred retiree's signed waiver of rights to any and all other retirement welfare benefits, including the right to future County funded health care. BE IT FURTHER RESOLVED that the Board of Commissioners amend the Oakland County Employee's Retirement System Resolution by adding: SECTION 34.2a, Single Sum 2007 Special Payment to Vested Former members of the Defined Benefit plan. The Retirement Commission shall undertake the following with respect to vested former Members: a. As of June 30, 2007 determine who the vested former Members are; and b. Determine each such vested former Member's Pension as defined in Section 20 of the Defined Benefit Plan of the Retirement System; and c. Determine the present value, as of August 31, 2007 of the lump-sum actuarial equivalent accrued benefit of each such vested former Member's Pension using all of the Retirement Commission's actuarial assumptions in effect for funding purposes for the September 30, 2006 annual actuarial valuation; and d. Make the same determination in (c), except without the use of a Disability factor used for funding purposes; and e. Notify each such vested former Member in writing that they have an irrevocable, one-time election continuing for no less than seven (7) days nor more than sixty (60) days in which to decide as to whether they want to receive a single sum payment of the value determined in (d) on or about September 21, 2007 in lieu of any further Pension from this System and specifically waiving any rights to benefits from the Oakland County Retirees' Health Care Trust. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE FISCAL NOTE (MISC. #07151) BY: Finance Committee, Mike Rogers, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT – DEFERRED DEFINED BENEFIT RETIREMENT BUYOUT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Resolution authorizes the offering of a lump sum payment, effective September 1, 2007, to vested members of the retirement system who have left the service of Oakland County and deferred their retirement benefits. Commissioners Minutes Continued. June 14, 2007 292 2. In exchange for this lump sum payment, these “deferred retirees” will sign a waiver of rights to any and all other retirement welfare benefits, including the right to future County funded health care. 3. The actual amount of each lump sum payment requires an actuarial evaluation to determine the present value of the deferred benefit as of August 31, 2007. 4. Funding for these lump sum payments will be drawn from the assets of the Oakland County Public Employees’ Retirement System. 5. The economic impact of this offer will be realized in a reduction in the future liabilities of the County’s Public Employees’ Retirement System and the County’s Voluntary Employee Benefit Association (VEBA); this impact will be calculated by the County’s actuary after it is determined how many of the deferred retirees accept the offer. 6. No budget amendment is required at this time. FINANCE COMMITTEE Moved by Middleton supported by Suarez the resolution (with fiscal note attached) be adopted. AYES: Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Woodward, Zack, Bullard, Burns, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted. MISCELLANEOUS RESOLUTION #07152 BY: Planning and Building Committee, Sue Ann Douglas, Chairperson IN RE: BUILDING AUTHORITY – RESOLUTION APPROVING SUBLEASE IN CONNECTION WITH THE OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY HOUSING PROJECT LOCATED IN OAKLAND COUNTY, MICHIGAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Building Authority (the “Authority”) has entered into a contract with the County of Oakland (the “County”) to acquire various facilities (the “Project”) which will be subleased by the Oakland County Community Mental Health Authority of the County of Oakland, Michigan (“CMHA”); and WHEREAS a sublease (the “Sublease”) has been prepared for that purpose, a copy of which is attached as Appendix 1. NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland, Michigan, as follows: 1. The Sublease attached as Appendix 1 is approved and the officers of the County designated thereon are authorized to execute and deliver the same on behalf of the County. 2. All resolutions and parts of resolutions, insofar as they conflict with the foregoing resolution are hereby rescinded. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Appendix 1 Sublease and Exhibit A to the Sublease, Exhibit C Redemption Provisions, Exhibit B- 1, and Exhibit D on file in County Clerk’s office. Commissioners Minutes Continued. June 14, 2007 293 FISCAL NOTE (MISC. #07152) BY: Finance Committee, Mike Rogers, Chairperson IN RE: BUILDING AUTHORITY – RESOLUTION APPROVING SUBLEASE IN CONNECTION WITH THE OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY HOUSING PROJECT LOCATED IN OAKLAND COUNTY, MICHIGAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds that since the Community Mental Health Authority will cover all applicable debt service payments, there is no fiscal impact on Oakland County. FINANCE COMMITTEE Moved by Douglas supported by Zack the resolution (with fiscal note attached) be adopted. AYES: Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Woodward, Zack, Bullard, Burns, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolution (with fiscal note attached) be adopted. MISCELLANEOUS RESOLUTION #07153 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE/PROSECUTOR’S OFFICE/CIRCUIT COURT/ COMMUNITY CORRECTIONS – FISCAL YEAR 2007 BYRNE JUSTICE ASSISTANCE GRANT (JAG) INTERGOVERNMENTAL AGREEMENT AND GRANT APPLICATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Sheriff’s Office, Prosecutor’s Office, Circuit Court, Community Corrections Division, the City of Southfield and City of Pontiac wish to apply to the U.S. Department of Justice, Office of Justice Programs for funding under the Byrne Justice Assistance Grant Program for the period June 1, 2007 through May 31, 2011; and WHEREAS the grant application requires the adoption of an intergovernmental agreement between the local units of government; and WHEREAS an agreement has been drafted (as attached) by the County’s Corporation Counsel; and WHEREAS State statute (MCL 45.556P) states that the Board of Commissioners has the authority to enter into agreements with other governmental or quasi-governmental entities. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached intergovernmental agreements with the City of Pontiac and the City of Southfield and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement. BE IT FURTHER RESOLVED that one original intergovernmental agreement be filed with the Michigan Department of State, Office of the Great Seal. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Sheriff/Prosecutor/Circuit Court/Community Corrections Justice Assistance Grant (JAG) Comparison of Fiscal Year 2006 Grant Award to Fiscal Year 2007 Grant Application, Grant Review Sign Off – Multi- Departmental, Intergovernmental Agreement Between and Among The County of Oakland, The City of Pontiac, and The City of Southfield, Application for Federal Assistance, Project Narrative – Attachment 1, Project Budget – Attachment 2, Review Narrative – Attachment 3, Standard Assurances, Other Requirements for OJP Applications, and Report from Fiscal Services Division on file in County Clerk’s office. Commissioners Minutes Continued. June 14, 2007 294 FISCAL NOTE (MISC. #07153) BY: Finance Committee, Mike Rogers, Chairperson IN RE: SHERIFF’S OFFICE/PROSECUTOR’S OFFICE/CIRCUIT COURT/COMMUNITY CORRECTIONS – FISCAL YEAR 2007 BYRNE JUSTICE ASSISTANCE GRANT (JAG) INTERGOVERNMENTAL AGREEMENT AND GRANT APPLICATION 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 grant application requires the adoption of an intergovernmental agreement between the local units of government applying for this grant. 2. The State statute (MCL) 45.556P) states that the Board of Commissioners has the authority to enter into agreements with other governmental or quasi-governmental entities. 3. An intergovernmental agreement will be between Oakland County and the City of Pontiac as part of the application requirements for the Byrne Justice Assistance Grant Program for the period June 1, 2007, through May 31, 2011. 4. This intergovernmental agreement will be between Oakland County and the City of Southfield as part of the application requirements for the Byrne Justice Assistance Grant Program for the period June 1, 2007, through May 31, 2011. 5. The grant application is for $299,465 of which Oakland County is expected to receive $58,509, the City of Pontiac is expected to receive $124,933 and the City of Southfield is expected to receive $116,023. No local match is required. 6. Total funding of $299,465 will be given to Oakland County to acquire equipment for the City of Pontiac Police Department, for the City of Southfield Police Department, the Oakland County Sheriff’s Office, Prosecutor’s Office, Circuit Court, and Community Corrections. All equipment purchased with the grant funds will then be delivered to the individual requesting party. 7. Title to the equipment, unless otherwise required by the conditions of the grant, will transfer to the requesting party upon delivery. FINANCE COMMITTEE Moved by Potter supported by Gregory the resolution (with fiscal note attached) be adopted. AYES: Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Woodward, Zack, Bullard, Burns, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted. MISCELLANEOUS RESOLUTION #07154 BY: Jim Nash, District #15, Helaine Zack, District #22, Marcia Gershenson, District 17, Karen Spector, District #16, Tim Greimel, District #11, Eric Coleman, District #23, David Woodward, District #18, David Coulter, District #25 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR THE MICHIGAN HOUSING AND COMMUNITY DEVELOPMENT FUND To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS recognizing that building and sustaining vibrant cities is central to any plan to revitalize Michigan, Public Act 479 of 2004, was adopted with bi-partisan support to establish the Michigan Housing and Community Development Fund, with the goal of creating a vibrant Michigan with well-kept neighborhoods and affordable housing that will attract companies and people; and WHEREAS resources and funds for the development of affordable housing continue to decline while economic conditions for lower income households become even more difficult. In Michigan, data shows Commissioners Minutes Continued. June 14, 2007 295 that 36% of our homeless families are working, and 56% of homeless persons in families were children — most under the age of 10; and WHEREAS without affordable housing for children and families, the future cost to support them through public services will be devastating — placing a burden on Michigan’s taxpayers that will increase each year; and WHEREAS the mission of the Michigan Housing and Community Development Fund (MHCDF) is to provide housing opportunities for all Michigan residents, and to help transform our economy by improving the quality of life in Michigan's cities, towns, and villages – especially those with high concentrations of poverty – to create vibrant communities where people want to live, work, and retire; and WHEREAS as Michigan moves from an economy that depends on high paying manufacturing jobs to a service based economy, there must be a connection between the creation of jobs and the availability of safe, high quality, affordably priced housing. With job providers looking at Michigan as an option to locate, it is essential to prove that our region can maintain a host of vibrant cities where their workers will want to live; and WHEREAS according to Governing Magazine, Michigan is ranked 48th in the country on a per capita basis for its state revenue support of affordable housing. Thirty-eight (38) states have already decided to help address their critical housing needs by establishing housing trust funds; and WHEREAS Housing Trust Funds, such as the Michigan Housing and Community Development Fund, systematically change reliance on annual budget allocations by shifting to committing dedicated public revenue to affordable housing through the creation of dedicated sources of public funding. These trust funds support the preservation and production of affordable housing and increase opportunities to access decent affordable homes; and WHEREAS currently, there are nearly 600 housing trust funds in cities, counties, and states that generate more than $1.6 billion a year to support affordable housing, according to the Center for Community Change; and WHEREAS the Michigan Housing and Community Development Fund is expected to generate up to $21 million annually in state and local revenues; and WHEREAS although job creation is not the primary objective of the Michigan Housing and Community Development Fund, it is estimated that it will create over 6,000 good-paying jobs; and WHEREAS the Michigan Housing and Community Development is a program that will allow Michigan cities and communities to attract and retain the brightest and best workers in the country. The program concentrates efforts in downtowns, neighborhoods, affordable housing and supportive housing; and WHEREAS Michigan’s Housing and Community Development Fund will accomplish its mission by: (a) financing downtown and neighborhood improvements to make them attractive places to live and do business; (b) financing affordable and market rate housing for young people, knowledgeable workers, immigrants, early retirees, and people with low and moderate incomes; and (c) financing supportive housing for the homeless and people with disabilities; and WHEREAS renter households in Michigan are more than two-and-one-half times more likely to pay more than 50% of their household income on housing. This puts the individuals and families of these households one paycheck away from becoming homeless. Data shows that children in stable housing do better in school and are less likely to be dependent on taxpayer support as adults; and WHEREAS creating vibrant communities and improving our quality of life means supporting safer, affordable rental units to helps families secure the stable housing they need to raise children and become active community participants; and WHEREAS the Michigan Housing and Community Development Fund would leverage additional funding from public and private sources. The economic and social impact will be tremendous and provide increased stability for families with extremely low and low incomes, which will in turn increase their quality of life and allow them to become invested in the success of their neighborhoods and the communities in which they live. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby recognizes that the preservation and production of affordable housing contributes to the economy and quality of life for residents in Oakland County and throughout the State of Michigan by creating jobs and adding to the local tax base. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners supports the Michigan Housing and Community Development Fund and its efforts to boost our economy, provide viable, Commissioners Minutes Continued. June 14, 2007 296 affordable housing, create jobs and prepare Oakland County and the State of Michigan for the challenges of today and tomorrow. BE IT FURTHER RESOLVED the Oakland County Board of Commissioners urges the Michigan Legislature and Governor Granholm to appropriate the critical funding needed for the Michigan Housing and Community Development Fund. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to Governor Jennifer Granholm, the Oakland County delegation to the Michigan legislature, the Senate Appropriations Committee, the Michigan Association of Counties (MAC), Michigan State Housing and Development Authority, Southeast Michigan Council of Governments (SEMCOG), Community and Economic Association of Michigan (CEDAM), Community Housing Network, Inc., Oakland County Taskforce on Homelessness and Affordable Housing, Oakland Livingston Human Service Agency (OLSHA) and Oakland County's Legislative Lobbyists. Chairperson, we move the adoption of the foregoing resolution. JIM NASH, HELAINE ZACK, MARCIA GERSHENSON, KAREN SPECTOR, TIM GREIMEL, ERIC COLEMAN, DAVID WOODWARD, DAVID COULTER, GEORGE SUAREZ, VINCENT GREGORY, MATTIE HATCHETT, TIM BURNS The Chairperson referred the resolution to the Planning and Building Committee. There were no objections. MISCELLANEOUS RESOLUTION #07155 BY: Marcia Gershenson, District 17 IN RE: BOARD OF COMMISSIONERS – OAKLAND COUNTY COMMISSION ON WOMEN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Michigan has the 8th largest female population in the United States; and WHEREAS women are 50.8% of Oakland County’s population; and WHEREAS 58.9% of Michigan women are in the work force (2002); and WHEREAS the status of women in Michigan is critical to the economic recovery of the state; and WHEREAS policies to improve women’s status will improve economic growth; and WHEREAS women have a substantial responsibility for their families well being; and WHEREAS women as workers, parents, wives face unique and critical challenges; and WHEREAS the State of Michigan recognizes the importance of improving the status of women in Michigan by establishing a women’s agenda; and WHEREAS the women in Oakland County need a vehicle to express their opinions, ideas, concerns; and WHEREAS the women in Oakland County should have a Women’s Commission for information, advocacy and action; and WHEREAS improving women’s health, safety, education, economic and social autonomy, earnings and employment, are paramount to the continued growth of Oakland County. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners establishes an Oakland County Commission on Women. BE IT FURTHER RESOLVED that the Commission on Women shall conduct an ongoing study (forum) of matters concerning women in Oakland County, and that it shall report their findings annually to the Oakland County Board of Commissioners on or before June 1, and recommend solutions to problems facing the women of Oakland County. BE IT FURTHER RESOLVED that the Commission on Women shall meet 4 times a year with additional meetings as necessary to conduct the business of the commission. BE IT FURTHER RESOLVED that membership of the Commission on Women shall consist of 25 representatives appointed by their Oakland County Commissioner, for a two-year term that coincides with the Board of Commissioners’ term of office. Each appointed person must reside in the district that their County Commissioner represents. BE IT FURTHER RESOLVED that members of the Commission on Women serve as volunteers and shall not be compensated. Commissioners Minutes Continued. June 14, 2007 297 BE IT FURTHER RESOLVED that the Commission on Women may solicit funds, including gifts, donations, grants or any federal or state funds for purposes relating to its work as a Commission on Women in Oakland County. BE IT FURTHER RESOLVED the powers of the Commission on Women include, but are not limited to: 1. To recommend policies and to make recommendations to County agencies and officers. 2. To enact bylaws for its own governance. 3. To hold regular public meetings and fact-finding hearings and other public forums it deems necessary. 4. To use voluntary services of private individuals, agencies and organizations which may be offered and needed from time to time. Chairperson, we move the adoption of the foregoing resolution. MARCIA GERSHENSON, MATTIE HATCHETT, KAREN SPECTOR, HELAINE ZACK, DAVID COULTER, JIM NASH, TIM BURNS, TIM GREIMEL, DAVID WOODWARD, GEORGE SUAREZ, VINCENT GREGORY The Chairperson referred the resolution to the General Government Committee. There were no objections. Chairperson Bill Bullard, Jr. passed the gavel to Vice-Chairperson Hugh Crawford to preside over the Board of Commissioners Meeting while he introduced Miscellaneous Resolutions #07156 and #07157. MISCELLANEOUS RESOLUTION #07156 BY: Bill Bullard, Jr., District #2 IN RE: BOARD OF COMMISSIONERS – A RESOLUTION AFFIRMING OAKLAND COUNTY’S SUPPORT FOR AND PARTICIPATION IN THE TRI-COUNTY SUMMIT 2007 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Commissioners from Macomb, Oakland and Wayne County and members of the Detroit City Council, in the spirit of regional cooperation, held their first Tri-County Summit in May of 1998. The first Tri-County Summit was hosted by Wayne County, the Michigan State Fair and the Michigan Association of Counties wherein common issues were identified for cooperative action; and WHEREAS in August 1998, Oakland County hosted the second Tri-County Summit. Five Task Forces were identified to address areas for cooperation: Mental Health, Transportation/Transit, Economic Development, Criminal Justice and Environment. The Task Forces are comprised of elected officials, department representatives, Commission and Council staff and interested parties from SEMCOG, the Detroit Regional Chamber, Daimler Chrysler and the Citizens Research Council; and WHEREAS in August of 1999, Macomb County hosted the third Tri-County Summit. This event focused on the successes of the various Task Forces. The Criminal Justice Task Force had compiled an inventory of programs offered by the Detroit Police Department and the Sheriff Departments in the Tri- County area - including how to share mug shots, fingerprints and other data. The Mental Health Task Force hosted a breakfast to discuss key appropriations and policy issues with state legislators; and the Transportation and Economic Task Forces held a joint meeting to discuss regional transportation solutions; and WHEREAS the new leaders in the City of Detroit and the Counties of Macomb, Oakland and Wayne recognize the benefit of continuing the partnership and collaborative efforts to strengthen the ability to address complex issues facing our region; and WHEREAS the Oakland County Board of Commissioners hosted the 2006 Tri-County Summit on March 20, 2006, at Glen Oaks in Farmington Hills, Michigan. Nearly 300 legislative leaders from the City of Detroit and the Counties of Macomb, Oakland and Wayne County attended and worked on community issues relating to Transportation, Infrastructure, and Mental Health; and WHEREAS the Oakland County Board of Commissioners does hereby recognize the significant benefit of regional cooperation and integration of efforts at promoting policies, methods and strategies as an essential component to enhancing the economic vitality of the Tri-County Region. Commissioners Minutes Continued. June 14, 2007 298 NOW THEREFORE BE IT RESOLVED that the Macomb County Board of Commissioners will host the Tri-County Summit 2007 aboard the Ovation yacht which will highlight one of the region’s most valuable assets – Lake St. Clair. Key leaders from the tri-county area are invited to attend and participate in two subcommittees, which will meet in the months preceding the Summit to study issues relating to water and quality of life. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners joins with our esteemed colleagues from the City of Detroit, Wayne County and Macomb County in affirming our support and participation in the Tri-County Summit. The Oakland County Board of Commissioners hereby confirms that they will participate and support the Tri-County Summit 2007. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution with the City Council of the City of Detroit and the County Commissioners of Macomb and Wayne. Chairperson, we move the adoption of the foregoing resolution. BILL BULLARD, BRADFORD JACOBSEN, MICHAEL GINGELL, THOMAS MIDDLETON, JOHN SCOTT, EILEEN KOWALL, CHRISTINE LONG, JEFF POTTER, HUGH CRAWFORD, MATTIE HATCHETT, TIM GREIMEL, SUE ANN DOUGLAS, ROBERT GOSSELIN, MIKE ROGERS, JIM NASH, KAREN SPECTOR, MARCIA GERSHENSON, DAVID WOODWARD, TIM BURNS, DAVID POTTS, VINCENT GREGORY, HELAINE ZACK, ERIC COLEMAN, GEORGE SUAREZ, DAVID COULTER Moved by Bullard supported by Gosselin to suspend the rules and vote on MISCELLANEOUS RESOLUTION #07156 – BOARD OF COMMISSIONERS – A RESOLUTION AFFIRMING OAKLAND COUNTY’S SUPPORT FOR AND PARTICIPATION IN THE TRI-COUNTY SUMMIT 2007. Vote on motion to suspend the rules: AYES: Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Woodward, Zack, Bullard, Burns, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett. (24) NAYS: None. (0) A sufficient majority having voted in favor, the motion to suspend the rules and vote on MISCELLANEOUS RESOLUTION #07156 – BOARD OF COMMISSIONERS – A RESOLUTION AFFIRMING OAKLAND COUNTY’S SUPPORT FOR AND PARTICIPATION IN THE TRI-COUNTY SUMMIT 2007 carried. Moved by Bullard supported by Gosselin the resolution be adopted. Discussion followed. Vote on resolution: AYES: Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Woodward, Zack, Bullard, Burns, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. Commissioners Minutes Continued. June 14, 2007 299 MISCELLANEOUS RESOLUTION #07157 BY: Bill Bullard, Jr., District #2 IN RE: BOARD OF COMMISSIONERS – ENDORSEMENT OF OAKLAND COUNTY HEALTH PLAN – ADULT BENEFIT WAIVER (ABW) PROGRAM FOR OAKLAND COUNTY RESIDENTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners is interested in protecting the health and well- being of the residents of Oakland County; and WHEREAS under the Health Insurance Flexibility and Accountability Demonstration Initiative, the Centers for Medicare and Medicaid Services (CMS) granted the State of Michigan’s Department of Community Health (CMH), a waiver of certain requirements under Title XXI of the Social Security Act, referred to as the Adult Benefits Waiver (ABW); and WHEREAS under the Adult Benefit Waiver, health care benefits are available under Title XXI of the Social Security Act to childless adult residents of the State of Michigan with income levels at or below 35% of the federal poverty level (approximately $300 a month); and WHEREAS the Adult Benefit Waiver replaces the State Medical Program (SMP); and WHEREAS the Michigan Department of Human Services, formally known as the Family Independence Agency, in each county determines eligibility and enrolls the qualified residents for ABW; and WHEREAS individuals who qualify for the Adult Benefit Waiver includes: (a) adults between the ages of 18 and 64; single or married, with no minor children; (b) county residents at or below 35% of the federal poverty level; (c) residents who are not disabled and who do not qualify for Medicaid or other medical programs and have no other comprehensive health insurance; and WHEREAS County Health Plans are community-based initiatives by non-profit corporations that are established to provide low-income, uninsured individuals access to complete primary health services, specialty care and pharmacies within organized health care systems; and WHEREAS County Health Plans provide a significant benefit by providing access to a coordinated continuum of care to maintain the enrollees’ health, as well as, prevention education and self-help medical programs; and WHEREAS County Health Plans provide cost avoidance by creating a database to identify persistent medical conditions for future intervention and streamline administration by providing assistance with enrollment in other qualifying programs, including Medicaid and Social Security Disability; and WHEREAS within the State of Michigan, 26 non-profit health plans have been incorporated and 71 counties are served by these health plans; and WHEREAS the Oakland Health Plan, Inc. proposes to provide a fully funded health plan to the qualified residents of Oakland County by contracting with the State of Michigan to administer the Adult Benefit Waiver program for Oakland residents; and WHEREAS the Oakland Health Plan, Inc. proposes to provide: (a) oversight of the provider network for quality assurance and utilization review; (b) liaison services between the Michigan Department of Community Health, physician network and enrollees; (c) coordination of prevention care and educational materials; and (d) a safety net for Oakland County government in dealing with health care issues. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby supports establishing an Adult Benefit Waiver Program - County Health Plan for Oakland County to provide eligible residents with access to a network of physicians, hospitals, and pharmacies to ensure a high quality, managed health care plan that is accessible and available to handle the medical needs of eligible Oakland County enrollees. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby endorses Oakland Health Plan, Inc. as the County Health Plan provider for eligible Oakland County residents. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to the Michigan Department of Community Health, the Michigan Department of Human Services – Oakland County, and Oakland Health Plan, Inc. Commissioners Minutes Continued. June 14, 2007 300 Chairperson, we move the adoption of the foregoing resolution. BILL BULLARD, BRADFORD JACOBSEN, MICHAEL GINGELL, THOMAS MIDDLETON, JOHN SCOTT, EILEEN KOWALL, CHRISTINE LONG, JEFF POTTER, HUGH CRAWFORD, MATTIE HATCHETT, TIM GREIMEL, SUE ANN DOUGLAS, ROBERT GOSSELIN, MIKE ROGERS, JIM NASH, KAREN SPECTOR, MARCIA GERSHENSON, DAVID WOODWARD, TIM BURNS, DAVID POTTS, VINCENT GREGORY, HELAINE ZACK, ERIC COLEMAN, GEORGE SUAREZ, DAVID COULTER Moved by Bullard supported by Coulter to suspend the rules and vote on MISCELLANEOUS RESOLUTION #07157 – BOARD OF COMMISSIONERS – ENDORSEMENT OF OAKLAND COUNTY HEALTH PLAN – ADULT BENEFIT WAIVER (ABW) PROGRAM FOR OAKLAND COUNTY RESIDENTS. Vote on motion to suspend the rules: AYES: Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Woodward, Zack, Bullard, Burns, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall. (24) NAYS: None. (0) A sufficient majority having voted in favor, the motion to suspend the rules and vote on MISCELLANEOUS RESOLUTION #07157 – BOARD OF COMMISSIONERS – ENDORSEMENT OF OAKLAND COUNTY HEALTH PLAN – ADULT BENEFIT WAIVER (ABW) PROGRAM FOR OAKLAND COUNTY RESIDENTS carried. Moved by Bullard supported by Coulter the resolution be adopted. Discussion followed. Vote on resolution: AYES: Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Woodward, Zack, Bullard, Burns, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. Vice-Chairperson Hugh Crawford returned the gavel to Chairperson Bill Bullard, Jr. The Board adjourned at 10:37 a.m. to the call of the Chair on July 11, 2007 at 7 p.m. RUTH JOHNSON BILL BULLARD, JR. Clerk Chairperson