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HomeMy WebLinkAboutMinutes - 2007.08.16 - 8419360 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES August 16, 2007 Meeting called to order by Chairperson Bill Bullard, Jr. at 9:36 a.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Bullard, Burns, Coulter, Crawford, Douglas, Gershenson, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Scott, Spector, Suarez, Woodward, Zack. (22) EXCUSED ABSENCE WITH NOTICE: Gingell, Rogers. (2) EXCUSED ABSENCE PER MISCELLANEOUS RESOLUTION #04228: Coleman. (1) Quorum present. Invocation given by Christine Long. Pledge of Allegiance to the Flag. Moved by Potter supported by Gershenson the minutes of the August 2, 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, Coulter, Crawford, Douglas, Gershenson, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Scott, Spector, Suarez, Woodward, Zack. (22) NAYS: None. (0) A sufficient majority having voted in favor, the agenda was approved as printed. Moved by Gregory supported by Long 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 365.) The resolutions on the Consent Agenda follow (annotated by an asterisk {*}): Commissioners Minutes Continued. August 16, 2007 361 *MISCELLANEOUS RESOLUTION #07183 BY: General Government Committee, Christine A. Long, Chairperson IN RE: PARKS AND RECREATION – SUPPORT FOR ENTRANCE INTO THE USE AGREEMENT WITH THE ROAD COMMISSION FOR OAKLAND COUNTY REGARDING THE LYON OAKS WETLAND MITIGATION PROJECT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County Corporation Counsel has drafted a use agreement with the counselors for the Road Commission for Oakland County regarding the Lyon Oaks Wetland Mitigation Project; and WHEREAS the Oakland County Parks and Recreation Commission has reviewed the proposed agreement and has resolved to support the County of Oakland’s entrance into said agreement; and WHEREAS the Road Commission for Oakland County has reviewed the proposed agreement and has resolved to authorize its Managing Director to execute the said agreement on behalf of the Board; and WHEREAS the proposed use agreement stipulates the funding for the proposed project be provided by the Road Commission for Oakland County; and WHEREAS the purpose of the proposed project is to provide improved access to recreational and educational opportunities in restored natural areas for all residents of Oakland County; and WHEREAS the proposed project meets the goals and objectives of the 2007 Oakland County Parks and Recreation Master Plan. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports the entrance into the Land Use Agreement between the County of Oakland and the Road Commission for Oakland County regarding the Lyon Oaks Wetland Mitigation Project. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Land Use Agreement between County of Oakland and Road Commission for Oakland County regarding Lyon Oaks Wetland Mitigation Project on file in County Clerk’s office. (The vote for this motion appears on page 365.) *REPORT (MISC. #07175) BY: Planning and Building Committee, Sue Ann Douglas, Chairperson IN RE: BOARD OF COMMISSIONERS – AFFIRM OAKLAND COUNTY’S COMMITMENT TO ENERGY EFFICIENT BUILDINGS AND TECHNOLOGIES WHERE ECONOMICALLY FEASIBLE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed Miscellaneous Resolution #07175 on August 7, 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 #07175 BY: Mike Rogers, District #14, Michael J. Gingell, District #3, Jim Nash, District #15 IN RE: BOARD OF COMMISSIONERS – AFFIRM OAKLAND COUNTY’S COMMITMENT TO ENERGY EFFICIENT BUILDINGS AND TECHNOLOGIES WHERE ECONOMICALLY FEASIBLE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County has for many years incorporated energy efficient and other cost effective and environmentally friendly technologies in its buildings to reduce long term facility maintenance and operational costs, and resulting in savings of millions of dollars over the years; and WHEREAS the Oakland County Board of Commissioners has long supported the Department of Facilities Management initiatives in the referenced areas; and Commissioners Minutes Continued. August 16, 2007 362 WHEREAS Oakland County, through the Department of Facilities Management has been recognized for its innovative energy efficient and other cost effective practices with various awards over the years. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports the continued use of energy efficient and other cost effective efforts to reduce long term facility maintenance and operational costs and environmentally friendly efforts when fiscally feasible and cost effective. Chairperson, we move adoption of the foregoing resolution. MIKE ROGERS, MICHAEL GINGELL, DAVID POTTS, EILEEN KOWALL, BRADFORD JACOBSEN, JOHN SCOTT, ROBERT GOSSELIN, SUE ANN DOUGLAS, HUGH CRAWFORD, JIM NASH, CHRISTINE LONG, THOMAS MIDDLETON, MARCIA GERSHENSON, TIM BURNS, KAREN SPECTOR (The vote for this motion appears on page 365.) *MISCELLANEOUS RESOLUTION #07184 BY: Planning and Building Committee, Sue Ann Douglas, Chairperson IN RE: DRAIN COMMISSIONER – ROUGE OAKLAND ILLICIT DISCHARGE ELIMINATION PROGRAM (IDEP) ACTIVITIES PROJECT - GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the United States Environmental Protection Agency’s Phase II Storm Water Regulations (“Phase II”) of the Federal Clean Water Act went into effect March 2003; and WHEREAS the Phase II regulations mandate that municipalities located within or near an “urbanized” area must be permitted under the National Pollutant Discharge Elimination Permit program; and WHEREAS in compliance with the Phase II regulations, the Oakland County Drain Commissioner applied and received coverage under the Municipal Separate Storm Sewer Systems Watershed General Permit (“Storm Water general permit”) for Oakland County; and WHEREAS the County of Wayne, through the Rouge River National Wet Weather Demonstration Project, has offered Federal grants to government entities for addressing and improving the water quality of the Rouge River; and WHEREAS the purpose of the grant is to enable the County and local units of government within the Rouge River Watershed to perform Illicit Discharge Elimination Program tasks aimed at removing pollution and improving water quality in the Rouge River Watershed; and WHEREAS the Oakland County Drain Commissioner has applied for and was awarded $110,867 of Federal grant reimbursement from the County of Wayne; and WHEREAS the total project cost is $221,734, of which $110,867 is required from Oakland County as matching funds; and WHEREAS the required County match will be funded from the existing Drain Commissioner Environmental Unit Fiscal Year 2008 General Fund budget, County Drain Districts and participating communities per Interagency Agreements with the Drain Commissioner; and WHEREAS no additional County personnel or monies are required, and all grant funds will go towards the Rouge-Oakland Illicit Discharge Elimination Program Project; and WHEREAS the United States Environmental Protection Agency (USEPA) has established grant conditions and regulations that require the County to act as the responsible party with respect to the grant, including those provisions described within 40 C.F.R. Part 31; and WHEREAS the USEPA will supervise the grant and grant conditions in order that the grant be used in accordance with the requirements of the law; and WHEREAS acceptance of the reimbursement grant does not obligate the County to any future commitment; and WHEREAS the grant agreement has been approved through the County Executive’s Contract Review Process. Commissioners Minutes Continued. August 16, 2007 363 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the application and accepts reimbursement in the amount of $110,867 for the Rouge Oakland Illicit Discharge Elimination Program Activities Project. BE IT FURTHER RESOLVED that the Drain Commissioner is authorized to sign the grant agreement and to approve grant modification and extensions, within fifteen (15) percent of the original award, consistent with the grant agreement approved. BE IT FURTHER RESOLVED that Interlocal Agreements be entered into between the Drain Commissioner and participating local communities prior to any work being done on their behalf. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Grant Review Sign Off – Drain Commissioner’s Office, Rouge River National Wet Weather Demonstration Project Rouge River General Permit Projects Grant Agreement between the County of Wayne and the County of Oakland on file in County Clerk’s office. FISCAL NOTE (MISC. #07184) BY: Finance Committee, Mike Rogers, Chairperson IN RE: DRAIN COMMISSIONER – ROUGE OAKLAND ILLICIT DISCHARGE ELIMINATION PROGRAM (IDEP) ACTIVITIES PROJECT - 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. To maintain compliance with the Michigan Department of Environmental Quality’s Watershed Based Permit, this grant provides funding to enhance and expand the current Illicit Discharge Elimination Program (IDEP) Activities Project in order to sample and investigate surface water complaints to identify and remove pollution sources entering our waterways. 2. The Rouge Oakland IDEP Activities Project was awarded a Federal grant reimbursement from the County of Wayne in the amount of $110,867.00 and Oakland County will match the funds by 50%, or $110,867.00 for a total project cost of $221,734.00. 3. The USEPA has established regulations for Oakland County to follow as the responsible party with respect to the acceptance of the grant including those provisions described within 40 C.F.R. Part 31. 4. This is a one-time grant and therefore indirect costs for this particular grant were not calculated in the County’s indirect cost plan. 5. The County match will be met from a combination of existing personnel, multiple County Drain Districts and participating communities per Interagency Agreements and $11,675 transferred from the Drain Commissioner General Fund Environmental Unit Contracted Services budget. 6. A budget amendment is recommended to the Fiscal Year 2008 County Executive Recommended Budget as follows: GENERAL FUND (10100) FY 2008 Expenses 6010101-174450-788001-29472 Transfer Out $11,675.00 6010101-174450-730373 Contracted Services ($11,675.00) Total Expenditures $ -0- CHAPTER 20 DRAIN MAINT. FUND (82000) Revenue 6010201-155010-605572 Special Assessment ($144,559.00) Total Revenue ($144,559.00) Expenses 6010201-155010-702010 Salaries ($ 90,349.00) 6010201-155010-722740 Fringes ($ 54,210.00) Total Expenditures ($144,559.00) Commissioners Minutes Continued. August 16, 2007 364 ROUGE OAKLAND IDEP ACTIVITIES PROJECT (29472 PROJECT GR0000000365 ACTIVITY ADM) Revenue 6010301-174453-695500-10100 Transfer In $ 11,675.00 6010301-174453-625558 Local Match $ 99,192.00 6010301-174453-610313 Federal Operating Grants $ 110,867.00 Total Revenue $ 221,734.00 Expenses 6010301-174453-702010 Salaries $ 90,349.00 6010301-174453-722740 Fringes $ 54,210.00 6010301-174453-730373 Contracted Services $ 11,675.00 6010301-174453-731388 Printing $ 5,000.00 6010301-174453-771639 Drain Equipment $ 26,500.00 6010301-174453-731031 Laboratory Fees $ 34,000.00 Total Expenditures $ 221,734.00 FINANCE COMMITTEE (The vote for this motion appears on page 365.) *MISCELLANEOUS RESOLUTION #07185 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 (CRANBROOK EDUCATIONAL COMMUNITY PROJECT) - CITY OF BLOOMFIELD HILLS 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 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 (Cranbrook Educational Community 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 Cranbrook Educational Community City of Bloomfield Hills EDC No. 07-06 on file in County Clerk’s office. (The vote for this motion appears on page 365.) Commissioners Minutes Continued. August 16, 2007 365 *MISCELLANEOUS RESOLUTION #07186 BY: Planning and Building Committee, Sue Ann Douglas, Chairperson IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION CONFIRMING APPOINTMENT OF ADDITIONAL EDC DIRECTORS (CRANBROOK EDUCATIONAL COMMUNITY PROJECT) - CITY OF BLOOMFIELD HILLS 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 (Cranbrook Educational Community 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 Linda Kane and Herbert Fisher, 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 Cranbrook Educational Community Project on file in County Clerk’s office. Vote on Resolutions of the Consent Agenda: AYES: Burns, Coulter, Crawford, Douglas, Gershenson, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Scott, Spector, Suarez, Woodward, Zack, Bullard. (22) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). Commissioner Mike Rogers stated there were no resolutions from the Finance Committee on the Regular Agenda to report. REPORT BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – APPOINTMENTS TO THE OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the vacancy on the Oakland County Community Mental Health Authority, recommends the filling of the seat, effective August 16, 2007, as follows: COMMUNITY MENTAL HEALTH AUTHORITY (Remainder of 3-year Term ending 03/31/08) Dr. Robert J. Klotz, Provider of Mental Health Services Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Commissioners Minutes Continued. August 16, 2007 366 Copy of Application Form for Appointment to Boards, Committees and Commissions on file in County Clerk’s office. Moved by Long supported by Zack the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Long supported by Zack the appointment of Dr. Robert J. Klotz to the Community Mental Health Authority be confirmed. Vote on appointment: AYES: Coulter, Crawford, Douglas, Gershenson, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Scott, Spector, Suarez, Woodward, Zack, Bullard, Burns. (22) NAYS: None. (0) A sufficient majority having voted in favor, the appointment was confirmed. REPORT BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – APPOINTMENTS TO THE LIBRARY BOARD To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the expiring appointments on the Library Board, recommends the filling of the seats, effective August 16, 2007, as follows: LIBRARY BOARD (Five-year Term ending 08/24/12) John Chambers, General Public Don Jensen, General Public Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Copy of Application Form for Appointment to Boards, Committees and Commissions on file in County Clerk’s office. Moved by Crawford supported by Potter the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Crawford supported by Potter the appointments of John Chambers and Don Jensen to the Library Board be confirmed. Vote on appointments: AYES: Crawford, Douglas, Gershenson, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Scott, Spector, Suarez, Woodward, Zack, Bullard, Burns, Coulter. (22) NAYS: None. (0) A sufficient majority having voted in favor, the appointments were confirmed. Commissioners Minutes Continued. August 16, 2007 367 MISCELLANEOUS RESOLUTION #07187 BY: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – THIRD 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 Third Quarter 2007 data processing development charges to be $1,468,078.51 and the imaging development charge to be ($81,925.59) for the General Fund/General Purpose County departments; and WHEREAS direct charges to Special Revenue and Proprietary fund departments are $179,398.52, non- governmental imaging development are $146.40, and non-county agencies are $5,479.00 for the Third 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 Third Quarter 2007 Data Processing Development Report and approves the Third Quarter appropriation transfer as specified on the attached schedule. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Information Technology Data Processing Development Summary 3rd Quarter 2007 and Information Technology – Reserve Fund Development/Support Detail – Third Quarter 2007 on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #07188 BY: General Government Committee, Christine A. Long, Chairperson IN RE: INFORMATION TECHNOLOGY – REQUEST TO EXTEND THE EMERGENCY TELEPHONE OPERATIONS SURCHARGE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution #99279 authorized the various telephone companies throughout the County to levy up to four (4%) percent operational surcharge for emergency telephone operations (with the actual levy being $.57 per wireline, as defined; while the authorized amount could have been up to $.80 per line) with recognition that the surcharge would expire on December 31, 2006 (the same time as the enabling surcharge legislation); and WHEREAS Miscellaneous Resolution #06167 extended authorization to collect the operational surcharge at a reduced rate of $.28 per wireline through December 31, 2007, the date through which the enabling legislation was extended; and WHEREAS that more permanent and equitable solution, Senate Bills 410 and 411, are currently pending in the Michigan legislature that will amend the Emergency Telephone Service Enabling Act and enable a County Board of Commissioners to authorize an operational surcharge on all communication devices capable of accessing 9-1-1 and not just wireline telephones through December 31, 2011; and WHEREAS Senate Bills 410 and 411 will also enable a state-wide surcharge on all communication devices capable of accessing 9-1-1 and not just on wireless telephones, distributed under an existing State formula; and WHEREAS the provisions of the amended legislation will include an opportunity for a County Board of Commissioners to review the amount of operational surcharge it has authorized by April 1 of each year and adjust the amount effective July 1 of that year; and WHEREAS there is no conclusive data available on the number of communication devices within Oakland County that would be eligible for surcharge under the provisions of the amended legislation; and Commissioners Minutes Continued. August 16, 2007 368 WHEREAS the provisions of the proposed amended legislation require that a County advise the Michigan Public Services Commission of its intended initial surcharge rate effective January 1, 2008 by September 15, 2007; and WHEREAS the existing wire line surcharge would cease on December 31, 2007 absent the approval by the Board of Commissioners regardless of the extension of the underlying state legislation; and WHEREAS the continued operational surcharge will provide funding for the operation and maintenance of the new, county-wide, radio system; and WHEREAS comprehensive financial statements have been provided quarterly to the Board of Commissioners, project cash flow projections have been provided on a semi-annual basis to the Board of Commissioners and the County Executive’s Fiscal Year 2008 and 2009 Budget Recommendation all of which contain known costs for the operation of the new, county-wide radio system; and WHEREAS the continued operational surcharge will also provide funding for a migration solution for the presently decentralized and rapidly aging 911 Call-Taking Equipment at the local public safety answering points to an IP-Based solution by enabling a centralized solution over the County’s OAKNet; and WHEREAS the extension of the surcharge at a requisite amount is estimated at $.28 per communications device which includes $.19 per communications device to cover operations and anticipated loss of lines plus another $.09 per communications device for the IP-based 9-1-1 call taking equipment. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, pursuant to and pending passage of Michigan Senate Bills 410 and 411, authorizes the extension of the operational surcharge per communications device for the period of January 1, 2008 through December 31, 2009 in the amount of $.28 per communications device to cover the operations and necessary provisions of the Radio Communications Fund, including $.19 per communications device to cover radio operations plus another $.09 per communications device for the IP-based 9-1-1 call taking equipment; with the amount of operational surcharge to be evaluated prior to April 1 of each year and revised as appropriate and necessary. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. Commissioner Tom Middleton stated there were no resolutions from the Personnel Committee on the Regular Agenda to report. 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 16, 2007 369 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 FISCAL NOTE (MISC. #07180) BY: Finance Committee, Mike Rogers, 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: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Drainage Board for the George W. Kuhn Drain is requesting that the Board of Commissioners pledge the full faith and credit of the County of Oakland for the payment of principal and interest on the George W. Kuhn Drainage District Drain Bonds, Series 2007G pursuant to the Drain Code of 1956 as amended. 2. The bond issue is not to exceed $2,500,000 and is to be used for Structural Repairs and Access Gate Replacement Contract 6a. Commissioners Minutes Continued. August 16, 2007 370 3. The Bonds shall bear an interest rate not to exceed 8% 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 Drainage Board for the George W. Kuhn Drainage District. 4. However, it is anticipated that the bonds will be sold to the Michigan Municipal Bond Authority, as part of their Michigan Water Pollution Control Revolving Loan Program at 1.625% interest rate. It is anticipated that the Series 2007G bonds will be sold in September 2007. 5. 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. 6. The estimated project cost of $2,500,000 will be apportioned to the following Public Corporations as follows with $153,992.50 or 6.1597% to the City of Berkley, $115,885.00 or 4.6354% to City of Birmingham, $140,622.50 or 5.6249% to City of Clawson, $244,137.50 or 9.7655% to City of Ferndale, $53,517.50 or 2.1407% to City of Hazel Park, $76,582.50 or 3.0633% to City of Huntington Woods, $257,300.00 or 10.2920% to City of Madison Heights, $320,402.50 or 12.8161% to City of Oak Park, $31,775.00 or 1.2710% to City of Pleasant Ridge, $707,892.50 or 28.3157% to City of Royal Oak, $183,085.00 or 7.3234% to City of Southfield, $62,547.50 or 2.5019% to City of Troy, $39,402.50 or 1.5761% to Township of Royal Oak, $19,860.00 or .7944% to Village of Beverly Hills, $38,162.50 or 1.5265% to Oakland County for county roads and $54,835.00 or 2.1934% to State of Michigan for drainage of state highways. 7. The Public Corporations will pay for the bonds through a Special Assessment Roll for the George W. Kuhn Drain. 8. The State of Michigan and Oakland County will pay their cost up front to opt out of the bond sale and avoid annual bond interest payments. 9. Funding is available in the Fiscal Year 2007 Non-Departmental Current Drain Assessments account to cover the County’s portion of the project. 10. No budget amendment is required. FINANCE COMMITTEE Moved by Douglas supported by Woodward the resolution (with fiscal note attached) be adopted. AYES: Douglas, Gershenson, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Scott, Spector, Suarez, Woodward, Zack, Bullard, Burns, Coulter, Crawford. (22) NAYS: None. (0) A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted. 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 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 Commissioners Minutes Continued. August 16, 2007 371 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. FISCAL NOTE (MISC. #07181) BY: Finance Committee, Mike Rogers, Chairperson IN RE: SHERIFF'S DEPARTMENT – CHANGE IN CONTRACT PRICE FOR THE 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: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Miscellaneous Resolution #07124 approved rates and authorized a five year contract between Oakland County and the City of the Village of Clarkston for the period beginning April 1, 2007. 2. The City has requested to enter into a five-year contract with the Oakland County Sheriff for police dispatch services to the city beginning April 1, 2007. 3. Contract rates are $4,565 for 2007, $9,404.04 for 2008, $19,935 for 2009, $20,535.96 for 2010 and $21,152.04 for 2011. 4. The revenue generated from this contract will offset Overtime in the Sheriff's Communications unit to cover the increased workload. 5. The Fiscal Year 2008 and Fiscal Year 2009 County Executive Recommended budget included some anticipated revenue from the City of the Village of Clarkston but an additional $1,175 is anticipated in Fiscal Year 2008 and $3,847 in Fiscal Year 2009. 6. A budget amendment is recommended for Fiscal Year 2008/Fiscal Year 2009 as follows: GENERAL FUND #10100 FY 2008 FY 2009 Revenues 4030510-116230-630539-99900 Dispatch Serv. $1,175 $3,847 Total Revenue $1,175 $3,847 Expenditures 4030510-116230-712020 Overtime $1,175 $3,847 Total Expenditures $1,175 $3,847 FINANCE COMMITTEE Moved by Potter supported by Crawford the resolution (with fiscal note attached) be adopted. AYES: Gershenson, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Long, Nash, Potter, Potts, Spector, Suarez, Woodward, Zack, Bullard, Burns, Coulter, Crawford, Douglas. (19) NAYS: Kowall, Middleton, Scott. (3) A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted. Commissioners Minutes Continued. August 16, 2007 372 MISCELLANEOUS RESOLUTION #07189 BY: Eileen Kowall, District #6, Michael J. Gingell, District #3, Tim Burns, District #19 IN RE: OPPOSITION TO MICHIGAN HOUSE BILL 4852 AMENDING THE EMERGENCY TELEPHONE SERVICES ENABLING ACT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan House of Representatives introduced House Bill 4852, which seeks to amend Public Act 32 of 1986 entitled the “Emergency Telephone Service Enabling Act” by assessing a “Public Safety Charge” on each communications device within the State of Michigan; and WHEREAS the revenue generated by the “Public Safety Charge” will pay for services already funded by tax dollars in the State General Fund and other user fees; and WHEREAS House Bill 4852 was introduced in the Michigan House of Representatives and was referred to the Appropriations Committee of the House of Representatives; and WHEREAS the “Public Safety Charge” will fund State of Michigan General Fund departments, programs and services having direct and indirect relationships to public safety services, but no direct nexus to 9-1-1 services or telephone communications services; and WHEREAS use of the revenue generated by the “Public Safety Charge” for State of Michigan General Fund purposes and not directly for 9-1-1 services and telephone communication services could be viewed as a tax increase in violation of the Michigan Constitution and Bolt v City of Lansing, 459 Mich 152 (1998); and WHEREAS the “Public Safety Charge” places an unfair burden on the populous counties, such as Oakland, which contain the preponderance of telephone service customers but do not receive back an equitable portion of the “Public Safety Charge”; and WHEREAS House Bill 4852 proposes to divide excessive revenues generated by the “Public Safety Charge” among the various programs to be funded on a percentage basis, potentially causing such programs to be over funded, without any mechanism for reducing the amount or changing other accountability methods; and WHEREAS HB 4852 provides no ‘level of effort’ requirement that would ensure that the State of Michigan General Fund expenditures covered by the “Public Safety Charge” would not be diminished in future years, and WHEREAS the Oakland County Association of Chiefs of Police, the South East Michigan Association of Fire Chiefs, Michael Bouchard, Oakland County Sheriff, L. Brooks Patterson, Oakland County Executive, several regional Boards and Councils, and Michigan Sheriff’s Association oppose House Bill 4852 as a tax on Oakland County residents that could jeopardize future local public safety funding. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners strongly opposes House Bill 4852. BE IT FURTHER RESOLVED that copies of this resolution be transmitted to Governor Jennifer Granholm, and all Senators and Representatives serving Oakland County. Chairperson, we move the foregoing resolution. EILEEN KOWALL, SUE ANN DOUGLAS, BILL BULLARD, JOHN SCOTT, HUGH CRAWFORD, TOM MIDDLETON, ROBERT GOSSELIN, DAVID COULTER, BRADFORD JACOBSEN, JIM NASH, JEFF POTTER, MARCIA GERSHENSON, DAVID POTTS, KAREN SPECTOR, MATTIE HATCHETT, GEORGE SUAREZ, TIM GREIMEL, VINCENT GREGORY, TIM BURNS, HELAINE ZACK Moved by Kowall supported by Burns to suspend the rules and vote on MISCELLANEOUS RESOLUTION #07189 – OPPOSITION TO MICHIGAN HOUSE BILL 4852 AMENDING THE EMERGENCY TELEPHONE SERVICES ENABLING ACT. Commissioners Minutes Continued. August 16, 2007 373 Vote on motion to suspend the rules: AYES: Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Scott, Spector, Suarez, Woodward, Zack, Bullard, Burns, Coulter, Crawford, Douglas, Gershenson. (22) NAYS: None. (0) A sufficient majority having voted in favor, the motion to suspend the rules and vote on MISCELLANEOUS RESOLUTION #07189 – OPPOSITION TO MICHIGAN HOUSE BILL 4852 AMENDING THE EMERGENCY TELEPHONE SERVICES ENABLING ACT carried. Moved by Kowall supported by Burns the resolution be adopted. AYES: Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Scott, Spector, Suarez, Woodward, Zack, Bullard, Burns, Coulter, Crawford, Douglas, Gershenson, Gosselin. (22) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. Chairperson Bullard thanked Pat Coates for her work on this resolution. MISCELLANEOUS RESOLUTION #07190 BY: Helaine Zack, District #22, David Woodward, District #18, Bill Bullard, Jr., District #2, David Coulter, District #25, David W. Potts, District #20 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR STATE APPROPRIATION FOR THE DETROIT ZOO To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Detroit Zoo is located in Oakland County; and WHEREAS 30% of the Detroit Zoo’s visitors annually are Oakland County residents; and WHEREAS about 1,000,000 people visit the Detroit Zoo annually and more than 50,000 Metro area households have active Detroit Zoological Society memberships, making the Detroit Zoo the largest fee- based family attraction in Michigan; and WHEREAS the Detroit Zoo currently operates on a $23 million annual budget; and WHEREAS the Detroit Zoo has more than a $60 million annual economic impact on the local economy; and WHEREAS on June 17, 2006, the management of the Detroit Zoo transitioned from the City of Detroit to the Detroit Zoological Society (DZS); and WHEREAS the Detroit Zoo requires a $12 million appropriation from the State of Michigan to complete the transition from the City of Detroit to the DZA in order to maintain the current operation of the zoo; and WHEREAS if $12 million in funding is not secured by the end of Fiscal Year 2007-08, the Detroit Zoo will be forced to close and may result in a permanent educational, cultural, and economic loss to Oakland County, the region, and the entire State of Michigan. THEREFORE BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners urges Governor Jennifer Granholm and the state legislature to appropriate $12 million to the Detroit Zoological Society in the Fiscal Year 2007-08 state budget to complete the administrative and operation transition of the Society; and BE IT FURTHER RESOLVED that the Board of Commissioners instructs the Oakland County Board of Commissioners’ lobbyist, Strategic Public Affairs, to actively engage in securing the above mentioned $12 million state appropriation in the Michigan Capital Outlay Budget for the Detroit Zoo; and BE IT FURTHER RESOLVED that the Oakland County Board of Commissioner strongly urges the entire Oakland County delegation in the state legislature to support appropriating $12 million in Fiscal Year 2007-08 to the Detroit Zoo; and BE IT FURTHER RESOLVED that a copy of this resolution is forwarded to the following: The Detroit Zoo’s Executive Director Ron Kagan, the Detroit City Council, the Oakland County delegation of the state Commissioners Minutes Continued. August 16, 2007 374 legislature, Governor Jennifer Granholm, the Detroit Zoological Society, County Executive L. Brooks Patterson, and all Oakland County media. Chairperson, we move the adoption of the foregoing resolution. HELAINE ZACK, DAVID WOODWARD, BILL BULLARD, DAVID COULTER, DAVID POTTS, JIM NASH, GEORGE SUAREZ, MARCIA GERSHENSON, MATTIE HATCHETT, KAREN SPECTOR, VINCENT GREGORY, TIM BURNS, TIM GREIMEL, JEFF POTTER, BRADFORD JACOBSEN, THOMAS MIDDLETON, HUGH CRAWFORD Moved by Coulter supported by Potts to suspend the rules and vote on MISCELLANEOUS RESOLUTION #07190 – BOARD OF COMMISSIONERS – SUPPORT FOR STATE APPROPRIATION FOR THE DETROIT ZOO. Vote on motion to suspend the rules: AYES: Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Scott, Spector, Suarez, Woodward, Zack, Bullard, Burns, Coulter, Crawford, Douglas, Gershenson, Gregory. (21) NAYS: Gosselin. (1) A sufficient majority having voted in favor, the motion to suspend the rules and vote on MISCELLANEOUS RESOLUTION #07190 – BOARD OF COMMISSIONERS – SUPPORT FOR STATE APPROPRIATION FOR THE DETROIT ZOO carried. Moved by Coulter supported by Potts the resolution be adopted. AYES: Hatchett, Jacobsen, Middleton, Nash, Potter, Potts, Spector, Suarez, Woodward, Zack, Bullard, Burns, Coulter, Crawford, Gershenson, Gregory, Greimel. (17) NAYS: Kowall, Long, Scott, Douglas, Gosselin. (5) A sufficient majority having voted in favor, the resolution was adopted. MISCELLANEOUS RESOLUTION #07191 BY: Karen Spector, District #16, Bradford C. Jacobsen, District #1, Tim Burns, District #19 IN RE: BOARD OF COMMISSIONERS – NATIONAL ALCOHOL AND DRUG ADDICTION RECOVERY MONTH To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in the United States, 22.2 million people have faced a substance use disorder in the past year, and all deserve to experience the many benefits of recovery; and WHEREAS treatment reduces reported job problems, including incomplete work and absenteeism, by an average of 75 percent; and WHEREAS treatment is cost effective, with some measurements showing a benefit-to-cost ratio of up to 7:1. Substance use disorder treatment costing an average of $1,583 per person saves taxpayers nearly $11,487 for each person treated; and WHEREAS we must recognize the financial savings associated with treatment services, and ensure that such services are readily available to those who need assistance; and WHEREAS the high cost of insurance presents obstacles to those who need access to treatment facilities and want to re-establish their place in the community; and WHEREAS it is critical that we educate our community members and local businesses that substance use disorders are treatable, yet serious, health care problems. By taking steps to address this issue, as well as, providing support for the families and children of those with these disorders, we can save both lives and dollars; and Commissioners Minutes Continued. August 16, 2007 375 WHEREAS to help achieve this goal, the U.S. Department of Health and Human Services, the Substance Abuse and Mental Health Services Administration, the White House Office of National Drug Control Policy, and the Oakland County Health Division – Office of Substance Abuse Services invite all residents of Oakland county to participate in National Alcohol and Drug Addiction Recovery Month. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, by virtue of the authority vested by the laws of Oakland County, Michigan, do hereby proclaim the month of September 2007 as National Alcohol and Drug Addiction Recovery Month in Oakland County, Michigan, and encourage citizens to observe this month with appropriate programs, activities and ceremonies that support this year’s theme, “Join the Voices for Recovery: Saving Lives, Saving Dollars.” BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to the Oakland County Health Division - Office of Substance Abuse Services. Chairperson, we move the adoption of the foregoing resolution. KAREN SPECTOR, BRADFORD JACOBSEN, MARCIA GERSHENSON, DAVID COULTER, HELAINE ZACK, TIM BURNS, VINCENT GREGORY, MATTIE HATCHETT, GEORGE SUAREZ, TIM GREIMEL, SUE ANN DOUGLAS, JEFF POTTER, DAVID POTTS, JOHN SCOTT, THOMAS MIDDLETON, EILEEN KOWALL, HUGH CRAWFORD, ROBERT GOSSELIN, CHRISTINE LONG, BILL BULLARD, DAVID WOODWARD Moved by Jacobsen supported by Spector to suspend the rules and vote on MISCELLANEOUS RESOLUTION #07191 – BOARD OF COMMISSIONERS – NATIONAL ALCOHOL AND DRUG ADDICTION RECOVERY MONTH. Vote on motion to suspend the rules: AYES: Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Scott, Spector, Suarez, Woodward, Zack, Bullard, Burns, Coulter, Crawford, Douglas, Gershenson, Gosselin, Gregory, Greimel, Hatchett. (22) NAYS: None. (0) A sufficient majority having voted in favor, the motion to suspend the rules and vote on MISCELLANEOUS RESOLUTION #07191 – BOARD OF COMMISSIONERS – NATIONAL ALCOHOL AND DRUG ADDICTION RECOVERY MONTH carried. Moved by Jacobsen supported by Spector the resolution be adopted. AYES: Kowall, Long, Middleton, Nash, Potter, Potts, Scott, Spector, Suarez, Woodward, Zack, Bullard, Burns, Coulter, Crawford, Douglas, Gershenson, Gosselin, Gregory, Greimel, Hatchett, Jacobsen. (22) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. MISCELLANEOUS RESOLUTION #07192 BY: David Woodward, District #18 IN RE: BOARD OF COMMISSIONERS – OAKLAND COUNTY SUDAN DIVESTMENT POLICY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS for over three years, the Government of Sudan has undertaken an ethnic cleansing to exterminate the people in the Darfur region of Sudan. The United Nations calls the situation the world’s worst humanitarian crisis; and WHEREAS the crisis in Darfur is an extreme case whereby a government is responsible for a genocidal campaign against part of its own population by supporting and encouraging the brutality of the Janjaweed Commissioners Minutes Continued. August 16, 2007 376 militia. This has resulted in the displacement of 2.5 million people out of Darfur's total population of 6 million, who have fled from their homes into internal camps and other squalid places of refuge. Over 400,000 defenseless civilians have fled their homes, only to become refugees to neighboring Chad, have died from violence, disease, and other conditions related to forced displacement and insufficient access to humanitarian assistance; and WHEREAS the U.S. Congress, in July 2004, declared these atrocities to be genocide. U.S. law prohibits most American companies from operating directly in Sudan. However, U.S. firms are legally able to invest in foreign companies that operate in Sudan, including “highest offenders” that make a significant contribution to funding the genocide; and WHEREAS the Sudanese government is completely dependent on foreign investments to support its government and the military operations perpetrating the genocide. Most foreign investments in Sudan are in the oil and gas industry, providing little benefit to the civilian population, with over 70% of the oil royalties received by the Government of Sudan used to support the military; and WHEREAS many U.S. investment companies, including Fidelity and Berkshire Hathaway, invest in PetroChina, Sinopec, ONGC, Petronas, Schlumberger, and other highest offending companies. Consequently, many individual investors are supporting the genocide without their knowledge; and WHEREAS NGO Divest Sudan has identified 81 U.S. public pension portfolios with over $91 billion in assets in companies that do business with the Sudan; and WHEREAS because of the prolonged failure of international diplomatic efforts to halt the genocide, and realizing that continued investment (and profiting) from foreign companies financially enabling genocide is morally reprehensible, many states, cities, and universities are divesting those holdings; and WHEREAS divestment is aimed at applying maximum economic pressure on the Sudanese government to permit UN peacekeepers into the country. A bipartisan U.S. Congressional coalition has endorsed the national divestment advocacy and research group, Sudan Divestment (www.sudandivestment.org) urging all states, governors, and retirement boards to divest. Three state retirement boards have passed divestment resolutions; and WHEREAS a number of states, such as California, Illinois, Oregon, New Jersey, Maine, and Connecticut have passed legislation calling for state funds to be divested from Sudan, and a campaign is underway in more than 75 states, cities, and universities, calling for a targeted divestment of funds from companies doing business with the Sudanese government; and WHEREAS Oakland County is deeply concerned about the ongoing tragedy in Darfur, which the U.S. Congress, State Department, and President, as well as other world leaders, have recognized as genocide and therefore does not want public funds invested in the “offending” companies operating in Sudan. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby establishes a Sudan Divestment Policy and calls upon the Oakland County Treasurer and the Retirement Boards of Oakland County to divest Oakland County funds of any investments made in corporations doing business with Sudan. BE IT FURTHER RESOLVED that Oakland County will not make further investments in offending companies until the Sudanese government stops its military and militia forces from committing genocide. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners urges the Governor and Michigan State Legislature to adopt a Sudan Divestment policy. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to the Oakland County Treasurer, Oakland County Retirement Boards, Fidelity Investments, ICMA-RC, Governor of Michigan, Oakland County delegation to Michigan legislature, the Michigan Association of Counties, the National Association of Counties and Oakland County’s legislative lobbyists. Chairperson, we move the adoption of the foregoing resolution. DAVID WOODWARD, MATTIE HATCHETT, HELAINE ZACK, TIM GREIMEL, DAVID COULTER, VINCENT GREGORY, JIM NASH, TIM BURNS, MARCIA GERSHENSON, KAREN SPECTOR The Chairperson referred the resolution to the Finance Committee. There were no objections. Commissioners Minutes Continued. August 16, 2007 377 Chairperson Bill Bullard, Jr. set two public hearings for the August 30, 2007 Board meeting. The first one is set for 9:40 a.m. regarding Planning and Economic Development Services Division Resolution Approving Project Plan (Orchard Lake Schools Project) – City of Orchard Lake Village. The second one is set for 9:50 a.m. regarding Planning and Economic Development Services Division Resolution Approving Project Plan (Cranbrook Educational Community Project) – City of Bloomfield Hills. The Board adjourned at 9:55 a.m. to the call of the Chair, or August 30, 2007, at 9:30 a.m. RUTH JOHNSON BILL BULLARD, JR. Clerk Chairperson