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HomeMy WebLinkAboutMinutes - 2007.08.02 - 8418338 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES August 2, 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, Coleman, Coulter, Douglas, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Woodward, Zack. (23) EXCUSED ABSENCE WITH NOTICE: Crawford, Gershenson. (2) Quorum present. Invocation given by Eileen Kowall. Pledge of Allegiance to the Flag. Moved by Hatchett supported by Long the minutes of the July 19, 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 agenda be approved as printed. AYES: Bullard, Burns, Coleman, Coulter, Douglas, Gingell, Gosselin, Gregory, Greimel, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Woodward, Zack. (22) NAYS: None. (0) A sufficient majority having voted in favor, the agenda was approved as printed. Commissioners Eileen Kowall and Tom Middleton presented a proclamation to Sharon Blumeno, Business Development Director for Automation Alley for her efforts to convince everyone she meets that Oakland County is a place where all businesses can succeed and all people can prosper. Ken Rogers, Deputy Executive for Automation Alley and Commissioner Mattie Hatchett addressed the Board. Chairperson Bill Bullard, Jr. presented a proclamation to Commissioner Eric Coleman, President of the National Association of Counties for his accomplishments and achievements, and for proudly representing Oakland County in America’s only National Organization that represents all 3,066 County Governments in the United States. Commissioner Eric Coleman addressed the Board and thanked his staff and his fellow Commissioners. The following person addressed the Board: Jack Schneider. Commissioners Minutes Continued. August 2, 2007 339 Moved by Gingell supported by Gregory the resolutions (with fiscal notes attached) on the Consent Agenda, be adopted (with accompanying reports being accepted). (The vote for this motion appears on page 354.) The resolutions on the Consent Agenda follow (annotated by an asterisk {*}): *REPORT (MISC. #07176) BY: Planning and Building Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF CENTRAL SERVICES – OAKLAND/SOUTHWEST AIRPORT – GRANT PROGRAM ACCEPTANCE – REHABILITATION OF TAXIWAY CONNECTOR To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the above-titled resolution on July 24, 2007, reports with a recommendation that the resolution be adopted. Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE MISCELLANEOUS RESOLUTION #07176 BY: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF CENTRAL SERVICES – OAKLAND/SOUTHWEST AIRPORT – GRANT PROGRAM ACCEPTANCE – REHABILITATION OF TAXIWAY CONNECTOR To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is in receipt of Michigan Department of Transportation Grant Contract No. 2007-0640, Federal Project No. C-26-0152-0505, for Federal funds in the amount of $55,200, and State funds in the amount of $12,075, for the development and improvement of Oakland/Southwest Airport; and WHEREAS the project consists of rehabilitation of the taxiway connector; and WHEREAS the Michigan Department of Transportation shall act as agent on behalf of the County in the administration of the project; and WHEREAS the development project as offered and approved by the Michigan Department of Transportation requires a local grant match of $1,725, which is available from the airport fund; and WHEREAS the Airport Committee has reviewed the project and recommends acceptance of the grant contract; and WHEREAS the attached contract has been approved in accordance with the County Executive's review process; and WHEREAS no application was requested from Oakland County; therefore, the application provisions of Miscellaneous Resolution #95098, do not apply. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the grant contract in an amount not to exceed $69,000, which includes a local grant match of $1,725, which is available from the airport fund. BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners is authorized to execute the grant contract. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Grant Review Sign Off – Central Services/Aviation, Michigan Department of Transportation County of Oakland Contract for a Federal/State/Local Airport Project Under the Block Grant Program, Exhibit 1 Oakland/Southwest Airport New Hudson, Attachment 1 Supplemental Provisions for Federal/State/Local Contracts Involving Construction Work at all Classifications of Airports, Appendix A Prohibition of Discrimination in State Contracts, Appendix B (Aeronautics) Civil Rights Act of 1964, Title VI – 49 CFR Part 21 Contractual Requirements, Appendix C Assurances that Recipients and Contractors Must Make, Appendix F Special Conditions, Appendix G Prime Consultant Statement of DBE Subconsultant Payments, and Instructions on file in County Clerk’s office. Commissioners Minutes Continued. August 2, 2007 340 FISCAL NOTE (MISC. #07176) BY: Finance Committee, Mike Rogers, Chairperson IN RE: DEPARTMENT OF CENTRAL SERVICES – OAKLAND/SOUTHWEST AIRPORT – GRANT PROGRAM ACCEPTANCE – REHABILITATION OF TAXIWAY CONNECTOR To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Oakland County has received Michigan Department of Transportation Grant Contract No. 2007-0640, Federal Project No. C-26-0152-0505, for Federal funds in the amount of $55,200, State funds in the amount of $12,075 for the development and improvement of Oakland/Southwest Airport. 2. The project consists of rehabilitation of the taxiway connector. 3. The Airport Committee has reviewed the project and recommends acceptance of the grant contract. 4. The funding period of the grant is 36 months from the date of the award. 5. The total cost of the project is $69,000 with $55,200 from Federal funds, $12,075 from State funds and a required local grant match of $1,725 from the Airport fund. 6. The Michigan Department of Transportation shall act as agent on behalf of the County in the administration of the project. 7. No General fund appropriation is required and no budget amendment is required. FINANCE COMMITTEE (The vote for this motion appears on page 354.) *MISCELLANEOUS RESOLUTION #07169 BY: General Government Committee, Christine Long, Chairperson IN RE: INFORMATION TECHNOLOGY – JAIL VISITATION PROJECT (EQUIPMENT PURCHASE FOR VIDEO VISITATION) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution #06149 and Miscellaneous Resolution #06239 authorized the Jail Renovation and Visitation Project; and WHEREAS the project consists of renovation of portions of the Law Enforcement Complex, including primarily first floor areas previously used by the Sheriff’s Administration, Detective Bureau and Patrol Services, as well as renovation and addition to the kitchen receiving area, public visitation areas, replacement of the jail fire alarm system, master control system, basement driveway ramps and underlying snow-melt system; and WHEREAS the jail renovation project budget includes $350,000 for a Video Visitation component; and WHEREAS at year end for 2006 the Board of Commissioners by Miscellaneous Resolution #06254 identified and set aside $400,000 in designated General Fund equity for completion of this project; and WHEREAS the recommendation by Information Technology Department and the Sheriff’s Office is to contract for an amount not to exceed $750,000 for equipment and installation of the Video Visitation system at the Oakland County Jail; and WHEREAS approval of this funding by the Board will enable the Sheriff’s Office, Information Technology Department, and Facilities Engineering to move this process to completion. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the Jail Renovation and Visitation project for the purchase of equipment and installation for Video Visitation component of the project. BE IT FURTHER RESOLVED that the Board of Commissioners authorizes an award of contract for Video Visitation to SKC. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Commissioners Minutes Continued. August 2, 2007 341 Copy of SKC Smart Communications Polycom Videoconferencing PriceQuote on file in County Clerk’s office. FISCAL NOTE (MISC. #07169) BY: Finance Committee, Mike Rogers, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – JAIL VISITATION ADDITION PROJECT (EQUIPMENT PURCHASE FOR VIDEO VISITATION) 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 cost for the Jail Visitation Addition is estimated to be $750,000 for equipment and installation of the Video Visitation system at the Oakland County Jail. 2. The Jail Renovation and Visitation Addition Project includes $350,000 for a Video Visitation component. 3. Additionally, the Board of Commissioners per Miscellaneous Resolution #06254 approved $400,000 in Designated Fund Balance (GL Acct. #371462) at year end 2006 for Jail Video Visitation. 4. Oakland County has negotiated pricing for equipment needs at cost of $635,602 which includes a savings of ($70,000) with SKC Communications Products, Inc., a supplier of polycom equipment and installation services for the Video Visitation component. 5. The approval of funding for Video Visitation would allow the Sheriff’s Office, Information Technology Department, and Facilities Engineering to bring this project to a successful completion. 6. A budget amendment is recommended to Fiscal Year 2007 as follows: GENERAL FUND (#10100) Revenue 9010101-196030-665882 Planned Use of Fund Balance $400,000 Total General Fund Revenue $400,000 Expenditures 9010101-153010-788001-41450 Trnf to Jail Visit. Fund $400,000 Total Gen Fund Expenditure $400,000 $ -0- JAIL VISITATION FUND (#41450) Revenue 1040801-148020-695500-10100 Transfer from General Fund $400,000 Total Jail Visit Revenue $400,000 Expenditures 1040801-148020-760157 Expendable Equipment $400,000 Total Jail Visit Expenditure $400,000 $ -0- FINANCE COMMITTEE (The vote for this motion appears on page 354.) *MISCELLANEOUS RESOLUTION #07177 BY: Planning and Building Committee, Sue Ann Douglas, Chairperson IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION APPROVING PROJECT AREA AND PROJECT DISTRICT AREA (ORCHARD LAKE SCHOOLS PROJECT) – CITY OF ORCHARD LAKE VILLAGE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS there exists in the County of Oakland the need for projects to alleviate and prevent conditions of unemployment, to assist and retain local industrial and commercial enterprises in order to strengthen and revitalize the County's economy and to encourage the location and expansion of such enterprises to provide needed services and facilities to the County and its residents; and Commissioners Minutes Continued. August 2, 2007 342 WHEREAS the Economic Development Corporations Act, Act No. 338 of the Michigan Public Acts of 1974, as amended (the "Act") provides a means for the encouragement of such projects in this County through the County's Economic Development Corporation (the "EDC"); and WHEREAS the EDC has commenced proceedings under the Act for the benefit of such a project (Orchard Lake Schools Project) and has designated to this Board of Commissioners a Project Area and Project District Area for its approval. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby certifies and approves the Project Area as designated by the EDC. BE IT FURTHER RESOLVED that it having been determined that the territory surrounding said designated Project Area will not be significantly affected by the Project because the surrounding territory is devoted to commercial/industrial uses, a Project District Area having the same description as and boundaries coterminous with the Project Area herein certified as approved be hereby established. BE IT FURTHER RESOLVED that it having been determined that there are less than eighteen residents, real property owners, or representatives of establishments located within the Project District Area, a Project Citizens District Council shall not be formed pursuant to Section 20(b) of the Act. BE IT FURTHER RESOLVED that the County Clerk is hereby directed to provide four certified copies of this resolution to the 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 Orchard Lake Schools City of Orchard Lake EDC No. 07-05 and Aerial Map on file in County Clerk’s office. (The vote for this motion appears on page 354.) *MISCELLANEOUS RESOLUTION #07178 BY: Planning and Building Committee, Sue Ann Douglas, Chairperson IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION CONFIRMING APPOINTMENT OF ADDITIONAL EDC DIRECTORS (ORCHARD LAKE SCHOOLS PROJECT) – CITY OF ORCHARD LAKE VILLAGE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS this Board of Commissioners has received a resolution from the Board of Directors of The Economic Development Corporation of the County of Oakland designating a Project Area and Project District Area for a project (Orchard Lake Schools Project) under the Economic Development Corporations Act, Act No. 338 of the Michigan Public Acts of 1974, as amended (the "Act"); and WHEREAS it is necessary to confirm the appointment by the County Executive of the County of Oakland of two additional directors to the Board of said Economic Development Corporation in connection with said Project, in accordance with Section 4(2) of the Act. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the appointments of Warren Hirschfield and Shirley Itin, who are representative of neighborhood residents and business interests likely to be affected by said Project, to the Board of Directors of The Economic Development Corporation of the County of Oakland are hereby confirmed in accordance with Section 4(2) of the Act, and such additional Directors shall cease to serve when the Project is either abandoned or, if undertaken, is completed in accordance with the Project Plan therefore. BE IT FURTHER RESOLVED that all resolutions or parts thereof in conflict with this resolution are hereby repealed, but only to the extent of such conflict. 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 Economic Development Corporation. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Appointment of Additional Directors to the EDC by the County Executive for the Orchard Lake Schools Project (City of Orchard Lake) on file in County Clerk’s office. Commissioners Minutes Continued. August 2, 2007 343 (The vote for this motion appears on page 354.) *MISCELLANEOUS RESOLUTION #07170 BY: Planning and Building Committee, Sue Ann Douglas, Chairperson IN RE: DRAIN COMMISSIONER – RESOLUTION TO AUTHORIZE EVERGREEN FARMINGTON SEWAGE DISPOSAL SYSTEM CITY OF LATHRUP VILLAGE FOOTING DRAIN HOUSELEAD REHABILITATION PROJECT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the City of Lathrup Village (the "City") is in urgent need of sewage disposal facilities constituting a part of the Evergreen and Farmington Sewage Disposal Systems (the "System") as described in the form of the proposed contract hereinafter mentioned (sometimes referred to herein as the "Project"), in order to promote the health and welfare of the residents thereof, which sewage disposal facilities also would benefit the County and its residents, and the parties to said proposed contract have concluded that such facilities can be provided most economically and efficiently by the County through the exercise of the powers conferred by Act 342, Public Acts of Michigan, 1939, as amended ("Act 342"); and WHEREAS by the terms of Act 342, the County and the City are authorized to enter into a contract for the acquisition and construction of the Project to serve the City and for the payment of the cost thereof by the City in cash; and WHEREAS there has been submitted to this Board of Commissioners a proposed contract between the County, by and through the County Drain Commissioner, County Agency, and the City (the "Contract"), which Contract provides for the acquisition and construction of the Project and which Contract is hereinafter set forth in full; and WHEREAS there have also been submitted for approval and adoption by this Board of Commissioners, preliminary plans, specifications and estimates of the cost and period of usefulness of the Project; and WHEREAS this Board of Commissioners desires to proceed with the Project and the approval and execution of the Contract to acquire and construct the Project as provided in the Contract. NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of Oakland County, Michigan, as follows: 1. APPROVAL OF PROJECT AND DESIGNATION OF COUNTY AGENCY. This Board of Commissioners by majority vote of its members-elect does hereby approve, under and pursuant to Act 342, establishment of the Project as part of the System, which shall consist of (i) the acquisition and construction of the Evergreen Farmington Sewage Disposal System City of Lathrup Village Footing Drain Houselead Rehabilitation Project, as specified and to be located as shown in Exhibit A to the Contract (the "Project") and (ii) the services provided thereby; that the Project as part of the System shall serve the City; that the Oakland County Drain Commissioner is hereby designated and appointed as the "County Agency" for the Project; that the County Agency shall have all the powers and duties with respect to the Project as are provided by law and especially by Act 342; and that all obligations incurred by the County Agency with respect to the Project, unless otherwise authorized by this Board of Commissioners, shall be payable solely from funds derived from the City as hereinafter provided. 2. PLANS AND SPECIFICATIONS – ESTIMATES OF PERIOD OF USEFULNESS AND COST. The preliminary plans and specifications for the Project and the estimates of $1,998,400 as the cost thereof and of 30 years and upwards as the period of usefulness thereof, as submitted to this Board of Commissioners, are hereby approved and adopted. 3. APPROVAL OF CONTRACT. The Evergreen Farmington Sewage Disposal System City of Lathrup Village Footing Drain Houselead Rehabilitation Project Contract between the County, by and through the County Drain Commissioner and the City, which Contract has been submitted to this Board of Commissioners, is hereby approved and adopted, and the County Drain Commissioner is hereby authorized and directed to execute and deliver the same for and on behalf of the County, in as many counterparts as may be deemed advisable. The Contract is attached. 4. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions insofar as they may be in conflict herewith are rescinded. Commissioners Minutes Continued. August 2, 2007 344 Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Evergreen Farmington Sewage Disposal System City of Lathrup Village Footing Drain Houselead Rehabilitation Project Contract, Exhibit A Evergreen Farmington Sewage Disposal System Footing Drain/Houselead Disconnect Project City of Lathrup Village, and Exhibit B Evergreen Farmington Sewage Disposal System City of Lathrup Village Footing Drain Houselead Rehabilitation Project Estimate of Probable Cost on file in County Clerk’s office. FISCAL NOTE (MISC. #07170) BY: Finance Committee, Mike Rogers, Chairperson IN RE: DRAIN COMMISSIONER – RESOLUTION TO AUTHORIZE EVERGREEN FARMINGTON SEWAGE DISPOSAL SYSTEM CITY OF LATHRUP VILLAGE FOOTING DRAIN HOUSELEAD REHABILITATION PROJECT 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. This resolution establishes the Evergreen Farmington Sewage Disposal System City of Lathrup Village Footing Drain Houselead Rehabilitation Project and authorizes the contract for Oakland County to proceed with the Project for the City of Lathrup Village. 2. The Project can be implemented most economically and efficiently by the County through the exercise of the powers conferred by Act 342, Public Acts of Michigan, 1939, as amended (“Act 342”). 3. The Project consists of constructing urgently needed sewage disposal facilities constituting a part of the Evergreen and Farmington Sewage Disposal System to provide sewage disposal services in order to promote the public health and welfare of the residents. 4. The estimated cost of the Project is $1,998,400 with a 30 year and upwards period of useful life. 5. The City of Lathrup Village shall pay Oakland County for the entire cost of the Project not defrayed by grants or other funds that may become available. 6. The City of Lathrup Village shall pay for the cost of the Footing Drain/Houselead Rehabilitation Project in cash from available funds. 7. No County General Fund monies shall be appropriated for this Project. FINANCE COMMITTEE (The vote for this motion appears on page 354.) *MISCELLANEOUS RESOLUTION #07171 BY: Planning and Building Committee, Sue Ann Douglas, Chairperson IN RE: DRAIN COMMISSIONER – RESOLUTION TO AUTHORIZE EVERGREEN FARMINGTON SEWAGE DISPOSAL SYSTEM WEST BLOOMFIELD TOWNSHIP FOOTING DRAIN/HOUSELEAD REHABILITATION PROJECT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Charter Township of West Bloomfield (the "Township") is in urgent need of sewage disposal facilities constituting a part of the Evergreen and Farmington Sewage Disposal Systems (the "System") as described in the form of the proposed contract hereinafter mentioned (sometimes referred to herein as the "Project"), in order to promote the health and welfare of the residents thereof, which sewage disposal facilities also would benefit the County and its residents, and the parties to said proposed contract have concluded that such facilities can be provided most economically and efficiently by the County through the exercise of the powers conferred by Act 342, Public Acts of Michigan, 1939, as amended ("Act 342"); and Commissioners Minutes Continued. August 2, 2007 345 WHEREAS by the terms of Act 342, the County and the Township are authorized to enter into a contract for the acquisition and construction of the Project to serve the Township and for the payment of the cost thereof by the Township in cash; and WHEREAS there has been submitted to this Board of Commissioners a proposed contract between the County, by and through the County Drain Commissioner, County Agency, and the Township (the "Contract"), which Contract provides for the acquisition and construction of the Project and which Contract is hereinafter set forth in full; and WHEREAS there have also been submitted for approval and adoption by this Board of Commissioners, preliminary plans, specifications and estimates of the cost and period of usefulness of the Project; and WHEREAS this Board of Commissioners desires to proceed with the Project and the approval and execution of the Contract to acquire and construct the Project as provided in the Contract. NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of Oakland County, Michigan, as follows: 1. APPROVAL OF PROJECT AND DESIGNATION OF COUNTY AGENCY. This Board of Commissioners by majority vote of its members-elect does hereby approve, under and pursuant to Act 342, establishment of the Project as part of the System, which shall consist of (i) the acquisition and construction of the Evergreen Farmington Sewage Disposal System West Bloomfield Township Footing Drain/Houselead Rehabilitation Project, as specified and to be located as shown in Exhibit A to the Contract (the "Project") and (ii) the services provided thereby; that the Project as part of the System shall serve the Township; that the Oakland County Drain Commissioner is hereby designated and appointed as the "County Agency" for the Project; that the County Agency shall have all the powers and duties with respect to the Project as are provided by law and especially by Act 342; and that all obligations incurred by the County Agency with respect to the Project, unless otherwise authorized by this Board of Commissioners, shall be payable solely from funds derived from the Township as hereinafter provided. 2. PLANS AND SPECIFICATIONS – ESTIMATES OF PERIOD OF USEFULNESS AND COST. The preliminary plans and specifications for the Project and the estimates of $970,000 as the cost thereof and of 30 years and upwards as the period of usefulness thereof, as submitted to this Board of Commissioners, are hereby approved and adopted. 3. APPROVAL OF CONTRACT. The Evergreen Farmington Sewage Disposal System West Bloomfield Township Footing Drain/Houselead Rehabilitation Project Contract between the County, by and through the County Drain Commissioner and the Township, which Contract has been submitted to this Board of Commissioners, is hereby approved and adopted, and the County Drain Commissioner is hereby authorized and directed to execute and deliver the same for and on behalf of the County, in as many counterparts as may be deemed advisable. The Contract is attached. 4. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions insofar as they may be in conflict herewith are rescinded. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Evergreen Farmington Sewage Disposal System West Bloomfield Township Footing Drain/Houselead Rehabilitation Project Contract, Exhibit A Evergreen Farmington Sewage Disposal System West Bloomfield Township Footing Drain/Houselead Rehabilitation Project, and Exhibit B Evergreen Farmington Sewage Disposal System West Bloomfield Township Footing Drain/Houselead Rehabilitation Project Estimate of Probable Cost on file in County Clerk’s office. Commissioners Minutes Continued. August 2, 2007 346 FISCAL NOTE (MISC. #07171) BY: Finance Committee, Mike Rogers, Chairperson IN RE: DRAIN COMMISSIONER – RESOLUTION TO AUTHORIZE EVERGREEN FARMINGTON SEWAGE DISPOSAL SYSTEM WEST BLOOMFIELD TOWNSHIP FOOTING DRAIN/HOUSELEAD REHABILITATION PROJECT 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. This resolution establishes the Evergreen Farmington Sewage Disposal System West Bloomfield Township Footing Drain/Houselead Rehabilitation Project and authorizes the contract for Oakland County to proceed with the Project for West Bloomfield Township. 2. The Project can be implemented most economically and efficiently by the County through the exercise of the powers conferred by Act 342, Public Acts of Michigan, 1939, as amended (“Act 342”). 3. The Project consists of constructing urgently needed sewage disposal facilities constituting a part of the Evergreen and Farmington Sewage Disposal System to provide sewage disposal services in order to promote the public health and welfare of the residents. 4. The estimated cost of the Project is $970,000 with a 30 year and upwards period of useful life. 5. The Charter Township of West Bloomfield shall pay Oakland County for the entire cost of the Project not defrayed by grants or other funds that may become available. 6. The Charter Township of West Bloomfield shall pay for the cost of the Footing Drain/Houselead Rehabilitation Project in cash from available funds. 7. No County General Fund monies shall be appropriated for this Project. FINANCE COMMITTEE (The vote for this motion appears on page 354.) *MISCELLANEOUS RESOLUTION #07172 BY: Planning and Building Committee, Sue Ann Douglas, Chairperson IN RE: DRAIN COMMISSIONER – SOFTWATER LAKE CAPITAL IMPROVEMENT BONDS, SERIES 2007 BOND RESOLUTION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Board of Commissioners has determined that it is necessary to acquire, construct, and install sewage disposal system facilities to improve and extend the Clinton-Oakland Sewage Disposal System in the Charter Township of Springfield, Oakland County, Michigan (the “Project”) through the issuance of bonds pursuant to the provisions of Act 34, Public Acts of Michigan, 2001, as amended ("Act 34"); and WHEREAS notice of the issuance of the bonds as required by section 517 of Act 34 was published in The Oakland Press on February 23, 2006; and WHEREAS the cost of the Project is estimated to be $2,820,000; and WHEREAS the Board of Commissioners also has determined to sell the bonds in a private negotiated sale to the Michigan Municipal Bond Authority (the "Authority") as authorized by Act 227, Public Acts of Michigan, 1985, as amended ("Act 227"), in order to enable the Authority to provide assistance with respect to the Project from the proceeds of the State of Michigan Clean Water Revolving Fund. THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland, Michigan, as follows: 1. AUTHORIZATION OF BONDS – PURPOSE. Bonds of the County aggregating the principal sum of not to exceed Two Million Eight Hundred Twenty Thousand Dollars ($2,820,000) shall be issued and sold for the purpose of defraying all or part of the cost of the Project, including the cost of issuing the bonds. Commissioners Minutes Continued. August 2, 2007 347 2. BOND DETAILS. The bonds shall be designated "Softwater Lake Capital Improvement Bonds, Series 2007"; shall be dated the date of delivery thereof; shall be numbered from 1 upwards; shall be fully registered; shall be in any denomination not exceeding the aggregate principal amount for each maturity at the option of the bondholder (provided, however, that so long as the bonds are registered in the name of the Authority, the bonds may be in the form of a single bond in a denomination equal to the aggregate outstanding principal amount of the bonds, with an exhibit attached thereto that identifies the annual maturities for the bonds, and references herein to the "bonds" shall mean that single bond registered in the name of the Authority); shall bear interest at a rate that shall not exceed 5% per annum from the date of delivery of the various principal installments as hereinafter described, payable on such dates as shall be determined by the County Drain Commissioner, acting as County Agency for the County (the "County Agency"); and shall mature on such dates and in such principal amounts as shall be determined by the County Agency. 3. The bonds are expected to be delivered to the Authority as the initial purchaser thereof in installments (the "Installments") equal to the amounts advanced from time to time by the Authority to the County pursuant to the Purchase Contract and the Supplemental Agreement (each as hereinafter defined). 4. PAYMENT OF PRINCIPAL AND INTEREST. The principal of, premium, if any, and interest on the bonds shall be payable in lawful money of the United States. So long as the bonds are owned by the Authority, the bonds are payable as to principal, redemption premium, if any, and interest at The Bank of New York Trust Company, N.A., or at such other place as shall be designated in writing to the County by the Authority (the "Authority's Depository"). So long as the Authority is the owner of the bonds, the County agrees that it will deposit with the Authority's Depository payments of the principal of, premium, if any, and interest on the bonds in immediately available funds by 12:00 noon at least five business days prior to the date on which any such payment is due, whether by maturity, redemption or otherwise. If the bonds are not registered in the name of the Authority, the principal of and premium, if any, on the bonds are payable upon the surrender thereof at the office of the bond registrar and paying agent and the interest is payable by check or draft mailed by the bond registrar and paying agent to the registered owner of the bonds at the address appearing on the registration books of the County kept by the bond registrar and paying agent as of the 15th day of the month preceding the month in which an interest payment is due. 5. PRIOR REDEMPTION. The bonds shall be subject to redemption prior to maturity upon the terms and conditions set forth in the form of bonds contained in Section 8 hereof. 6. BOND REGISTRAR AND PAYING AGENT. Until a successor is appointed by the Board, the County Treasurer shall act as bond registrar and paying agent. 7. EXECUTION, AUTHENTICATION AND DELIVERY OF BONDS. The bonds shall be executed in the name of the County by the manual or facsimile signatures of the Chairperson of the Board of Commissioners and the County Clerk and authenticated by the manual signature of the bond registrar and paying agent or an authorized representative of the bond registrar and paying agent, and the seal of the County (or a facsimile thereof) shall be impressed or imprinted on the bonds. After the bonds have been executed and authenticated for delivery to the Authority as the original purchaser thereof, they shall be delivered by the County Treasurer to the purchaser upon receipt of the purchase price or upon compliance with the terms and conditions of the Purchase Contract. Additional bonds bearing the manual or facsimile signatures of the Chairperson of the Board of Commissioners and the County Clerk and upon which the seal of the County (or a facsimile thereof) is impressed or imprinted may be delivered to the bond registrar and paying agent for authentication and delivery in connection with the exchange or transfer of bonds. The bond registrar and paying agent shall indicate on each bond the date of its authentication. Commissioners Minutes Continued. August 2, 2007 348 8. EXCHANGE AND TRANSFER OF BONDS. Any bond, at the option of the registered owner thereof and upon surrender thereof to the bond registrar and paying agent with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered owner or his duly authorized attorney, may be exchanged for bonds of any other authorized denominations of the same aggregate principal amount and maturity date and bearing the same rate of interest as the surrendered bond. Each bond shall be transferable only upon the books of the County, which shall be kept for that purpose by the bond registrar and paying agent, upon surrender of such bond together with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered owner or his duly authorized attorney. Upon the exchange or transfer of any bond, the bond registrar and paying agent on behalf of the County shall cancel the surrendered bond and shall authenticate and deliver to the transferee a new bond or bonds of any authorized denomination of the same aggregate principal amount and maturity date and bearing the same rate of interest as the surrendered bond. If, at the time the bond registrar and paying agent authenticates and delivers a new bond pursuant to this section, payment of interest on the bonds is in default, the bond registrar and paying agent shall endorse upon the new bond the following: "Payment of interest on this bond is in default. The last date to which interest has been paid is [insert applicable date]." The County and the bond registrar and paying agent may deem and treat the person in whose name any bond shall be registered upon the books of the County as the absolute owner of such bond, whether such bond shall be overdue or not, for the purpose of receiving payment of the principal of and interest on such bond and for all other purposes, and all payments made to any such registered owner, or upon his order, in accordance with the provisions of Section 3 of this Resolution shall be valid and effectual to satisfy and discharge the liability upon such bond to the extent of the sum or sums so paid, and neither the County nor the bond registrar and paying agent shall be affected by any notice to the contrary. The County agrees to indemnify and save the bond registrar and paying agent harmless from and against any and all loss, cost, charge, expense, judgment or liability incurred by it, acting in good faith and without negligence hereunder, in so treating such registered owner. For every exchange or transfer of bonds, the County or the bond registrar and paying agent may make a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. The bond registrar and paying agent shall not be required to transfer or exchange bonds or portions of bonds which have been selected for redemption. 9. FORM OF BONDS. The bonds shall be in substantially the following form, with such changes thereto as necessary to conform to any order of the County Agency issued in accordance with this resolution. 10. DEBT SERVICE FUND. There shall be established for the bonds a debt service fund which shall be kept in a separate bank account. From the proceeds of the sale of the bonds there shall be set aside in the debt service fund any premium and accrued interest received from the purchaser of the bonds at the time of delivery of the bonds. Funds of the County to be used to pay the principal and interest on the bonds when due shall be placed in the debt service fund and so long as the principal or interest on the bonds shall remain unpaid, no moneys shall be withdrawn from such debt service fund except to pay principal and interest on the bonds. 11. CONSTRUCTION FUND. The remainder of the proceeds of the sale of the bonds shall be set aside in a construction fund and used solely to defray the cost of acquisition, construction and installation of the Project. Any unexpended balance of the proceeds of the sale of the bonds remaining in the construction fund after completion of the Project shall be deposited in the debt service fund established in section 9 hereof. Commissioners Minutes Continued. August 2, 2007 349 12. SECURITY. The principal of and interest on the bonds shall be payable primarily out of the collections of the special assessments imposed by the Charter Township of Springfield (the "Township") pursuant to the provisions of the Clinton-Oakland Sewage Disposal System Softwater Lake Extension Contract dated as of February 1, 2006, between the County and the Township. In addition, the full faith and credit of the County are pledged to the payment of such principal and interest. If the receipts from such special assessments shall not be sufficient to pay such principal and interest as the same shall become due, then an amount sufficient to pay the deficiency shall be advanced from the general fund of the County. The ability of the County to raise such funds is subject to applicable constitutional and statutory limitations on the taxing power of the County. The amount of taxes necessary to pay the principal of and interest on the bonds, together with the taxes levied for the same year, shall not exceed the limit authorized by law. 13. ESTIMATES OF PERIOD OF USEFULNESS AND COST. The estimated period of usefulness of the Project is hereby determined to be not less than thirty (30) years and upwards, and the plans for and estimated cost of the Project in the amount of $2,820,000 are hereby approved and adopted. 14. TAX COVENANT. The County covenants to comply with all requirements of the Internal Revenue Code of 1986, as amended (the "Code") necessary to assure that the interest on the bonds will be and will remain excludable from gross income for federal income tax purposes. 15. DEFEASANCE. In the event cash or direct obligations of the United States or obligations the principal of and interest on which are guaranteed by the United States, or a combination thereof, the principal of and interest on which, without reinvestment, come due at times and in amounts sufficient to pay, at maturity or irrevocable call for earlier optional redemption, the principal of and interest on the bonds, shall have been deposited in trust, this Resolution shall be defeased and the owners of the bonds shall have no further rights under this Resolution except to receive payment of the principal of and interest on the bonds from the cash or securities deposited in trust and the interest and gains thereon and to transfer and exchange bonds as provided herein. 16. REPLACEMENT OF BONDS. Upon receipt by the County Treasurer of proof of ownership of an unmatured bond, of satisfactory evidence that the bond has been lost, apparently destroyed or wrongfully taken and of security or indemnity which complies with applicable law and is satisfactory to the County Treasurer, the County Treasurer may authorize the bond registrar and paying agent to deliver a new executed bond to replace the bond lost, apparently destroyed or wrongfully taken in compliance with applicable law. In the event an outstanding matured bond is lost, apparently destroyed or wrongfully taken, the County Treasurer may authorize the bond registrar and paying agent to pay the bond without presentation upon the receipt of the same documentation required for the delivery of a replacement bond. The bond registrar and paying agent, for each new bond delivered or paid without presentation as provided above, shall require the payment of expenses, including counsel fees, which may be incurred by the bond registrar and paying agent and the County in the premises. Any bond delivered pursuant the provisions of this section in lieu of any bond lost, apparently destroyed or wrongfully taken shall be of the same form and tenor and be secured in the same manner as the bond in substitution for which such bond was delivered. Commissioners Minutes Continued. August 2, 2007 350 17. SALE, ISSUANCE, DELIVERY, TRANSFER AND EXCHANGE OF BONDS. The bonds shall be sold at a private, negotiated sale to the Authority, as authorized by Act 227. It is hereby determined that this method of sale is in the best interests of the County and is calculated to provide the County with the lowest cost of borrowing money. The sale shall be made pursuant to the terms and conditions to be set forth in a Purchase Contract (the "Purchase Contract") and a Supplemental Agreement (the "Supplemental Agreement"). The County Agency is authorized to execute and deliver the Supplemental Agreement and the Purchase Contract in such forms as shall be approved by the County Agency, with such approval to be evidenced by the County Agency's signature thereon. Notwithstanding any other provision of this Resolution, the bonds shall be initially sold to the Authority as one bond, numbered 1, in the full aggregate principal amount of the bonds. The County Agency is authorized to execute one or more written orders (i) containing the determinations that the County Agency is authorized to make as provided in this Resolution and (ii) making such changes in the provisions of the bonds or this Resolution to comply with the requirements of the Authority or otherwise to enable the bonds to be sold to the Authority. In addition, the Chairperson of the Board of Commissioners, the Clerk, the Treasurer, the County Agency and other County employees and officials are authorized to execute and deliver to the Authority any such certificates and documents as the Authority or bond counsel shall require and to do all other things necessary to effectuate the sale, issuance, delivery, transfer and exchange of the bonds in accordance with the provisions of this Resolution. 18. REDUCTION OF PRINCIPAL AMOUNT OF BOND ISSUE. If the County Agency shall determine that it is not necessary to sell bonds in the principal amount stated in Section 1 of this Resolution, the County Agency by written order may reduce the principal amount of bonds to be sold to that amount deemed necessary. 19. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions, insofar as they are in conflict herewith, are rescinded. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Softwater Lake Capital Improvement Bond, Series 2007, Certificate of Authentication, Assignment, and Exhibit A on file in County Clerk’s office. FISCAL NOTE (MISC. #07172) BY: Finance Committee, Mike Rogers, Chairperson IN RE: DRAIN COMMISSIONER – SOFTWATER LAKE CAPITAL IMPROVEMENT BONDS, SERIES 2007 BOND RESOLUTION 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. In order to acquire, construct and install sewage disposal system facilities by extending the Clinton-Oakland Sewage Disposal System in the Charter Township of Springfield, the Board of Commissioners determined the need to issue Bonds pursuant to the provisions of Act 34, Public Acts of Michigan, 2001 as amended. 2. The Board of Commissioners will pledge the full faith and credit of the County of Oakland for the payment of principal and interest on the Softwater Lake Capital Improvement Bonds, Series 2007. 3. The bonds are to be sold in a private negotiated sale to the Michigan Municipal Bond Authority as authorized by Act 227, Public Acts of Michigan, 1985 as amended in order to utilize proceeds of the State of Michigan Clean Water Revolving Fund. 4. The estimated cost of the Project is $2,820,000 with a period of usefulness to be not less than 30 years. Commissioners Minutes Continued. August 2, 2007 351 5. The Bonds shall bear an interest rate not to exceed 5% per annum, will be in aggregate principal amounts, will mature in such years and principal amounts and will be callable prior to maturity as determined necessary by the County Agency at the time of issue. 6. The statutory limit for County debt is $7,733,108,203 (10% of State Equalized Value). As of June 30, 2007, the total pledged debt is $330,675,408 or approximately .43% of the S.E.V. 7. The Charter Township of Springfield will pay for the principal and interest on the bonds through a special assessment pursuant to the provisions of the Clinton-Oakland Sewage Disposal System Softwater Lake Extension Contract dated as of February 1, 2006, between the County and the Township. 8. No budget amendment is required. FINANCE COMMITTEE (The vote for this motion appears on page 354.) *REPORT (MISC. #07179) BY: Personnel Committee, Thomas F. Middleton, Chairperson IN RE: CIRCUIT COURT/FAMILY DIVISION 2007 JUVENILE DRUG COURT – JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT – GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee having reviewed the above mentioned Resolution on July 25, 2007 Reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION #07179 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: CIRCUIT COURT/FAMILY DIVISION 2007 JUVENILE DRUG COURT – JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT – GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Department of Human Services (DHS), Bureau of Juvenile Justice (BJJ) – Juvenile Justice and Delinquency Prevention Act – Juvenile Justice Grant Unit (JJGU) has awarded grant funding to the Circuit Court Family Division in the amount of $187,500 with a grant period of June 1, 2007 through December 23, 2007, with a two year renewable option; and WHEREAS this award represents continuation of program funding that targets youth with co-occurring disorders (substance abuse and mental health) that are non-violent repeat offenders charged with alcohol and/or controlled substance related offenses or charged with minor delinquency where substance abuse is a contributing factor; and WHEREAS one of the barriers that has prevented identified youth from participating in the Oakland County Juvenile Drug Court program has been lack of transportation, childcare and wraparound support; and WHEREAS participation in this program will increase skill building and help to improve family relationships, reduce dropout rate, and increase likelihood of success after completion of the program; and WHEREAS this program is to insure that the Circuit Court Family Division Juvenile Drug Court is utilized to maximum capacity throughout the year; and WHEREAS the Circuit Court Family Division – Juvenile Drug Court, is awarded $187,500 in State funds with general purpose Child Care Fund match support of $62,500 per DHS, for a total program budget of $250,000; and WHEREAS grant award continues funding for one (1) PTNE Client Transporter (Driver) position (3010402-10357) in Circuit Court/ Family Division/ Court Services unit dedicated to transporting identified youth and family members to and from identified program related activities; and Commissioners Minutes Continued. August 2, 2007 352 WHEREAS the grant award also funds contractual substance abuse and mental health treatment and consultation services; training, training supplies, incentives, promotional supplies; also provide travel and transportation in support of this grant; and WHEREAS Miscellaneous Resolution #90004 established a fiscal policy to maintain proportionate funding for Federal, State and Private grants; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process and in accordance with the Board of Commissioners Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Michigan Department of Human Services Bureau of Juvenile Justice (BJJ) – Juvenile Justice Grant Unit (JJGU) grant, in the amount of $187,500 with $62,500 matching funds from the Child Care Fund required. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the contract agreement and that the chairperson may approve amendments and extensions up to fifteen (15%) percent variance from the award, consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant is conditioned upon continued interpretation of the contract consistent with the February 6, 2001, letter from the Michigan Supreme Court, State Court Administrative Office, providing that assurance #4 of the grant application shall not be construed as a mandate for future funding of the program from the funding unit, said letter attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this award continues one (1) PTNE Client Transporter (Driver) position (3010402-10357), in Circuit Court/ Family Division/ Court Services Unit. BE IT FURTHER RESOLVED that this grant will fund contractual substance abuse, Wrap Around, child care services, mental health treatment, evaluation, and consultation services; training, training supplies, incentives, and promotional supplies; travel; and transportation. BE IT FURTHER RESOLVED that continuation of the position associated with this grant is contingent upon continuation of grant funding. 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 – 6th Judicial Circuit, Family Division, Juvenile Drug Court, Letter from Dawn A. Monk, Deputy State Court Administrator, Michigan Department of Human Services – Office of Contracts and Rate Cover Sheet, Agreement between Michigan Department of Human Services and Oakland County Circuit Court – Family Division, Family Independence Agency Bureau of Juvenile Justice-Justice Grant Unit Juvenile Justice and Delinquency Prevention Act (Application), Budget Detail, and Budget Narrative on file in County Clerk’s office. FISCAL NOTE (MISC. #07179) BY: Finance Committee, Mike Rogers, Chairperson IN RE: CIRCUIT COURT/FAMILY DIVISION 2007 JUVENILE DRUG COURT – JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT – 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 Circuit Court Family Division has received a grant from the Michigan Family Independence Agency Bureau of Juvenile Justice (BJJ) – Juvenile Justice Grant Unit (JJGU) in the amount of $187,500, providing funding for a grant period of June 1, 2007 through December 23, 2007. 2. The total program cost is $250,000 representing State grant funding of $187,500 and funding from the Child Care Fund in the amount of $62,500. 3. The grant award continues one (1) PTNE Special Client Transporter (Driver) position in Circuit Court/Family Division/Court Services Unit dedicated to transporting identified youth and family members to and from identified program related activities. 4. In addition, the program funds contractual substance abuse and mental health treatment and consultation services, training, training supplies, incentives, and promotional supplies, travel and transportation in support of this grant. Commissioners Minutes Continued. August 2, 2007 353 5. The County is expected to incur administrative and support costs of $1,280 over the grant funding period, which has been included in the Fiscal Year 2007 and Fiscal Year 2008 budgets. This grant does not allow for recovery of these costs. 6. The Fiscal Year 2007 Special Revenue Budget for Bureau of Juvenile Justice and Delinquency reflects a total budget of $250,000. 7. The following budget amendment is required to reduce the Fiscal Year 2007 Special Revenue Budget by $62,500, which is the portion of the total program costs to be funded by the Child Care Fund: SPECIAL REVENUE FUND (#27195) FY 2007 Revenue 3010402-121200-615571 Grants-State ($ 62,500) ($ 62,500) Expenditures 3010402-121200-730373 Contracted Services ( 29,200) 3010402-121200-732018 Travel and Conference ( 443) 3010402-121200-750154 Expendable Equipment ( 44,810) 3010402-121200-750280 Laboratory Supplies ( 5,000) 3010402-121200-750567 Training Supplies 8,869 3010402-121200-776661 Motor Pool 8,084 ($ 62,500) FINANCE COMMITTEE (The vote for this motion appears on page 354.) *MISCELLANEOUS RESOLUTION #07173 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE – CONTRACT FOR LAW ENFORCEMENT SERVICES AT THE MICHIGAN RENAISSANCE FESTIVAL – 2007 SEASON To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Renaissance Festival, the operator of a summer theatre facility by the same name in Groveland Township, has requested the Oakland County Sheriff's Office to supply Deputies for Law Enforcement Services for the upcoming 2007 season; and WHEREAS the Sheriff's Office has agreed to supply such Deputies on an availability overtime hourly basis, the number of man-hours to be determined by the Sheriff's Office; and WHEREAS this contract has been approved by Corporation Counsel; and WHEREAS the County of Oakland shall be reimbursed for such services by the Michigan Renaissance Festival at the hourly overtime rates for the 2007 season, as was established by Miscellaneous Resolution #03265. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the execution of the attached contract consistent with provisions contained therein. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Contract for Police Protection Michigan Renaissance Festival, Attachment A Contract Definitions, Attachment B Additional Acknowledgements, Attachment C O.C.S.D. Independent Status, and Attachment D Company Provided Insurance on file in County Clerk’s office. Commissioners Minutes Continued. August 2, 2007 354 FISCAL NOTE (MISC. #07173) BY: Finance Committee, Mike Rogers, Chairperson IN RE: SHERIFF’S OFFICE – CONTRACT FOR LAW ENFORCEMENT SERVICES AT THE MICHIGAN RENAISSANCE FESTIVAL – 2007 SEASON To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Michigan Renaissance Festival has requested the Oakland County Sheriff’s Department to supply Patrol Officers for the Law Enforcement Services for the upcoming 2007 season. 2. The Oakland County Sheriff’s Office contracted with the Michigan Renaissance Festival for the 2006 season by Miscellaneous Resolution #06128. 3. The rates charged in the agreement are consistent with Miscellaneous Resolution #03265 that established standard overtime rates for the period 2004-2008. 4. The contract will take effect on August 13, 2007 and expires October 1, 2007. 5. The proposed agreement will result in approximately $58,274 in revenue and expenditures for Fiscal Year 2007, an increase of $1,697 over Fiscal Year 2006. 6. Revenue is currently budgeted in the Fiscal Year 2007 Amended Budget and therefore, no budget amendment is recommended. FINANCE COMMITTEE Vote on Consent Agenda: AYES: Burns, Coleman, Coulter, Douglas, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, 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 Consent Agenda, were adopted (with accompanying reports being accepted). MISCELLANEOUS RESOLUTION #07180 BY: Planning and Building Committee, Sue Ann Douglas, Chairperson IN RE: DRAIN COMMISSIONER – GEORGE W. KUHN DRAINAGE DISTRICT DRAIN BONDS – FULL FAITH AND CREDIT RESOLUTION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Drainage Board for the George W. Kuhn Drain, by resolution adopted on July 17, 2007, authorized and provided for the issuance by the George W. Kuhn Drainage District of its Drain Bonds, Series 2007G in the aggregate principal amount of not to exceed $2,500,000 to defray part of the cost of the George W. Kuhn Drain; and WHEREAS the Drain Bonds, Series 2007G will not exceed in the aggregate $2,500,000, will be dated as of such date, will bear interest at such rates not to exceed 8% 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 Oakland County Drain Commissioner as Chairperson of the Drainage Board for the George W. Kuhn Drainage District; and WHEREAS the Drainage Board deems it advisable and necessary to obtain from this Board a resolution pledging the full faith and credit of the County of Oakland (the "County") for the payment of the principal of and interest on the Drain Bonds, Series 2007G (the "Bonds"); and WHEREAS the George W. Kuhn Drain is necessary to protect and preserve the public health and, therefore, it is in the best interest of the County that the Bonds be sold. Commissioners Minutes Continued. August 2, 2007 355 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 Drain Bonds, Series 2007G not to exceed in the aggregate $2,500,000, and agrees that, in the event the public corporations assessed for the cost of the George W. Kuhn Drain 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, is authorized to file with the Department of Treasury of the State of Michigan on behalf of the County an Application for the State Treasurer's Approval to Issue Bonds with respect to the Bonds. 4. The County Treasurer is authorized, if necessary, to approve the circulation of a preliminary and final official statement for the 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 Bonds. 5. The County Treasurer is hereby authorized, if necessary, 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"). To the extent a Continuing Disclosure Certificate is executed and delivered, the County hereby covenants and agrees that it will comply with and carry out all of the provisions of such 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 Planning and Building Committee, I move adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #07181 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF’S OFFICE – CHANGE IN CONTRACT PRICE FOR POLICE DISPATCH SERVICE FOR THE CITY OF THE VILLAGE OF CLARKSTON FOR 2007-2012 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is the policy of the Oakland County Board of Commissioners to permit the Sheriff’s Office to enter into contractual agreements for the purpose of Police Dispatch services; and WHEREAS at the request of The City of the Village of Clarkston the Sheriffs Office has provided such services to the City of the Village of Clarkston in the past; and WHEREAS the City of the Village of Clarkston has requested that the Sheriff’s Office dispatch their police calls; and Commissioners Minutes Continued. August 2, 2007 356 WHEREAS by Miscellaneous Resolution #07124 the Board of Commissioners authorized a contract for dispatch services for the period 2007-2012; and WHEREAS this contract has not been signed and has not been executed; and WHEREAS the City of the Village of Clarkston is requesting we dispatch for them on the midnight shift also; and WHEREAS the Sheriff has agreed to dispatch for them on the midnight shift; and WHEREAS Corporation Counsel has reviewed this contract and is in agreement with the attached dispatch agreement; and WHEREAS the Sheriff’s Office along with the Department of Management and Budget is recommending the attached contract for dispatching services between the County of Oakland and The City of the Village of Clarkston. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board to enter into the attached Police Dispatch Agreement with The City of the Village of Clarkston. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of 2007 – 2012 Police Dispatch Service Agreement between the County of Oakland and City of The Village of Clarkston on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. REPORT BY: Prevention of the Sexual Exploitation of Children Taskforce To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Prevention of the Sexual Exploitation of Children Taskforce Reports to the Board with the recommendation that several copies of the “A Child is Safer When a Parent is Alert” DVD be made and kept available for use by community organizations and individuals requesting information regarding the prevention of the sexual exploitation of children. Further a list of the agencies involved in the Town Hall meeting and individuals to contact regarding additional information be added to the Oakland County website. Research the possibility of developing a “pod cast” for the website for individuals to view at their convenience. Request the Sheriff’s Department and Prosecutors Office to determine the feasibility of being listed as a “Buddy” on Myspace. Chairperson, on behalf of the Prevention of the Sexual Exploitation of Children Taskforce, I move the acceptance of the foregoing Report. Copy of A Child is Safer When a Parent is Alert! A Special Town Hall Meeting Handbook, and DVD on file in County Clerk’s office. Moved by Coleman supported by Hatchett the Report be accepted. A sufficient majority having voted in favor the report was accepted. Commissioner Bill Bullard, Jr. thanked Commissioner Eric Coleman and his staff for their hard work. MISCELLANEOUS RESOLUTION #07182 BY: Helaine Zack, District #22, David Woodward, District #18, David W. Potts, District #20, Marcia Gershenson, District #17 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR SILENT WITNESS CEREMONY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Silent Witness Program began in 1990, by a group of women from Minneapolis, Minnesota, who were tired of seeing their friends and families being devastated by domestic violence and decided to address the issue of domestic violence murders in their community; and Commissioners Minutes Continued. August 2, 2007 357 WHEREAS the group felt an urgency to do something that would speak out against the escalating domestic violence in their state and to commemorate the lives of the 26 women whose lives were lost in 1990, as a result of domestic violence; and WHEREAS the group created 26 free-standing, life-sized red wooden silhouettes, each one wearing a breastplate shield bearing the name of each woman who once lived, worked, had neighbors, friends, family, children – whose life ended violently at the hands of a husband, ex-husband, partner, or acquaintance that year in Minnesota; and WHEREAS a twenty-seventh figure was added to represent those uncounted women whose murders went unsolved or were erroneously ruled accidental. The organizers called the figures the Silent Witnesses; and WHEREAS the mission of the Silent Witness National Initiative is to “promote peace, healing and responsibility in adult relationships in order to eliminate domestic murders in the United States by the year 2010”; and WHEREAS the goals of the Silent Witness Program include: REMEMBERING – to honor the women who were murdered by domestic violence; AWARENESS – to raise awareness worldwide of the extent of domestic violence; ADVOCACY – to connect people with successful programs for ending the violence; DATA COLLECTION and STATISTICS – to show how and when the program is successful; and WHEREAS the Silent Witness Program has made a powerful national and global impact on domestic violence homicides; and WHEREAS the Silent Witness Program is in all fifty states in America, as well as, twenty other countries. The domestic violence homicide rates in the United States have decreased more than 25% in the last several years; and WHEREAS the Michigan State Police Uniform Crime Report indicates that there were 54,258 reported victims and 30 reported murders related to domestic violence in Michigan reported in 2004; and WHEREAS locally, Beaumont Hospitals, which is a sponsor and partner of the Silent Witness ceremony, has established a hospital-based response to domestic violence; and WHEREAS Beaumont Hospitals, as part of its initiative, developed a universal plan within the hospital for the assessment, identification and implementation of domestic violence intervention strategies by increasing employee, physician and community awareness and developing and implementing education programs about abuse for employees, physicians, volunteers and the community; and WHEREAS Beaumont Hospitals has partnered with the Oakland County Coordinating Council Against Domestic Violence to provide protocols and train healthcare providers and religious leaders, along with, providing abuse assessments translated into ten languages, and providing the community with printed materials and resources; and WHEREAS Beaumont Hospitals has supported HAVEN and Turning Point Shelters by donating cell phones, food, household supplies and sponsoring a victim bedroom at HAVEN; and WHEREAS Troy Beaumont Hospital’s hospital-based domestic violence program was selected as on the “best practices” programs featured at the national Silent Witness Conference in May 2004; and WHEREAS Troy Beaumont Hospital is hosting the Silent Witness ceremony on September 20, 2007. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby supports the Silent Witness Ceremony being held on September 20, 2007 and sponsored by Beaumont Hospitals. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners does hereby commend the work of the Silent Witness Program and the Beaumont Hospitals for their leadership. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners does hereby join in expressing our support for efforts to increase public awareness of domestic violence, as we unite with advocates and officials, to provide compassionate leadership that encourages action and sound policies that promote peace, healing and responsibility in adult relationships in order to eliminate domestic violence and its negative impact on our children, women, their families and our communities. BE IT FURTHER RESOLVED that the Oakland County Commissioners requests that information regarding the Silent Witness Program be posted on the county website during the month of September 2007. BE IT FURTHER RESOLVED that the Oakland County Commissioners recommends that Silent Witness figures be displayed in the Courthouse lobbies. Commissioners Minutes Continued. August 2, 2007 358 BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to Beaumont Hospitals, HAVEN, Turning Point Shelter and the Silent Witness program. Chairperson, we move the adoption of the foregoing resolution. HELAINE ZACK, DAVID POTTS, DAVID WOODWARD, MARCIA GERSHENSON, JIM NASH, DAVID COULTER, VINCENT GREGORY, KAREN SPECTOR, GEORGE SUAREZ, MATTIE HATCHETT, ERIC COLEMAN, THOMAS MIDDLETON, TIM GREIMEL, JOHN SCOTT, CHRISTINE LONG, EILEEN KOWALL, HUGH CRAWFORD, MICHAEL ROGERS, ROBERT GOSSELIN, MICHAEL GINGELL, BRADFORD JACOBSEN, BILL BULLARD, JEFF POTTER, TIM BURNS, SUE ANN DOUGLAS The Chairperson referred the resolution to the General Government Committee. There were no objections. Commissioner Eileen Kowall addressed the Board and acknowledged Sharon Blumeno, Business Development Director for Automation Alley was chosen as part of Crain’s Business award. The Board adjourned at 10:00 a.m. to the call of the Chair or August 16, 2007, at 9:30 a.m. RUTH JOHNSON BILL BULLARD, JR. Clerk Chairperson