Loading...
HomeMy WebLinkAboutMinutes - 2007.10.04 - 8425452 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES October 4, 2007 Meeting called to order by Chairperson Bill Bullard, Jr. at 9:30 a.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Bullard, Burns, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Zack. (23) EXCUSED ABSENCE WITH NOTICE: Woodward. (1) EXCUSED ABSENCE PER MISCELLANEOUS RESOLUTION #04228: Coleman. (1) Quorum present. Invocation given by Jeff Potter. Pledge of Allegiance to the Flag. Moved by Douglas supported by Nash the minutes of the September 20, 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, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Zack. (23) NAYS: None. (0) A sufficient majority having voted in favor, the agenda was approved as printed. Oakland County Executive L. Brooks Patterson, Chairperson Bill Bullard, Jr. and Commissioners Eileen Kowall, John Scott and Thomas Middleton presented a proclamation to Gary Miller, a Waterford Township code enforcement inspector, for his heroic efforts to save the life of a fifteen month old child. Carl Solden, Waterford Township Supervisor, thanked him as well. Gary Miller addressed the Board and thanked everyone for being recognized. Commissioners Minutes Continued. October 4, 2007 453 Oakland County Executive L. Brooks Patterson, Chairperson Bill Bullard, Jr. and Commissioners Michael Gingell, Bradford Jacobsen and Thomas Middleton presented a proclamation honoring the Lake Orion High School Girls’ Golf Team, who became the 2007 Michigan State High School Athletic Association’s Girls’ Golf Division I Champions, for representing the Lake Orion community and Oakland County with championship style and pride. Coach Megan Daly addressed the Board. Oakland County Executive L. Brooks Patterson, Chairperson Bill Bullard, Jr. and Commissioners Michael Gingell, Bradford Jacobsen and Thomas Middleton presented a proclamation honoring the Lake Orion High School Boys’ Baseball Team, who became the 2007 Michigan State High School Athletic Association’s Boys’ Baseball Division I Champions, for representing the Lake Orion community and Oakland County with championship style and pride. The following people addressed the Board: Woodruff C. Adams, Oakland County Criminal Justice Coordinating Committee Public at Large Representative, and Allan Meltzer. Moved by Long supported by Gregory the resolutions (with fiscal notes attached) on the Consent Agenda be adopted. (The vote for this motion appears on page 458.) The resolutions on the Consent Agenda follow (annotated by an asterisk {*}): *MISCELLANEOUS RESOLUTION #07227 BY: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION - 2007/2008 COMPREHENSIVE PLANNING, BUDGETING AND CONTRACTING (CPBC) AGREEMENT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Department of Community Health (MDCH) has awarded the Oakland County Health Division funding in the amount of $8,597,228, which is a 3.42% ($304,703) decrease from the Fiscal Year 2006/2007 amended allocation of $8,901,931; and WHEREAS the budget detail for the various programs is a matter of negotiation between the Health Division and MDCH. Amendments will be recommended to the Fiscal Year 2007 Budget when details are finalized; and WHEREAS this agreement is for the period of October 1, 2007, through September 30, 2008; and WHEREAS the CPBC Agreement has been submitted through the County Executive Review Process and is recommended for approval. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby accepts the 2007/2008 Comprehensive Planning, Budgeting, and Contracting (CPBC) agreement for funding in the amount of $8,597,228 for the period of October 1, 2007, through September 30, 2008. BE IT FURTHER RESOLVED that the future level of service, including personnel, be contingent upon the level of funding for this program. BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute this agreement and approve any changes and extensions to the agreement not to exceed fifteen percent (15%), which is consistent with the agreement as originally approved. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes its Chairperson to execute this Agreement subject to the following additional condition: That the County's approval for entering into this Agreement is specifically conditioned and premised upon the acceptance, approval and execution of the Agreement containing Addendum A, by the Michigan Department of Community Health, and that the failure of the Michigan Department of Community Health to execute the Agreement as specified shall, without any further act of the Oakland County Board of Commissioners, automatically negate and void the County’s approval and/or acceptance of this agreement as provided for in this resolution. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Commissioners Minutes Continued. October 4, 2007 454 Copy of Grant Review Sign Off – Health and Human Services/Health Division, Agreement between Michigan Department of Community Health and County of Oakland, Michigan Department of Community Health Fiscal Year 07/08 Agreement Addendum A, Attachment III Michigan Department of Community Health Fiscal Year 07/08 CPBC Agreement, Attachment IV Fiscal Year 2007-2008 CPBC Agreement, Attachment I Michigan Department of Community Health Fiscal Year 07/08 CPBC Agreement Instructions for the Annual Budget, and Fiscal Year 07/08 CPBC Agreement Applicable Laws, Rules, Regulations, Policies, Procedures and Manuals on file in County Clerk’s office. FISCAL NOTE (MISC. #07227) BY: Finance Committee, Mike Rogers, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION – 2007/2008 COMPREHENSIVE PLANNING, BUDGETING AND CONTRACTING (CPBC) AGREEMENT 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 Michigan Department of Community Health (MDCH) has awarded Oakland County Health Division funding in the amount of $8,597,228 for the period October 1, 2007, through September 30, 2008. 2. The Fiscal Year 2007/08 award reflects a decrease from the latest Fiscal Year 2006/2007. (Please note that the Finance Committee Recommended Budget does not reflect the latest Fiscal Year 2006/2007 award). 3. Total Health Fund Revenue is as follows: Michigan Dept. of Community Health $2,666,254 Food Protection 853,593 Nurse Family Partnership 324,155 Sexually Transmitted Disease 109,696 Total Health Fund $3,953,698 4. Total Grant Fund Revenue is as follows: Aids Prevention $ 497,900 Bioterror Coordinator 365,432 Cities Readiness Initiative 245,881 Pan Flu Supplemental 262,999 EPI Planner Workplace 8,333 CSHCS Outreach and Advocacy 187,500 Early Warning Infectious Dis. Surv. 4,640 Immunization Action Plan 499,134 Immunization Centralized Vaccine 40,648 Infant Mortality Coalition Support 106,730 Maternal and Infant Support 330,088 TB Control 44,752 BT Lab Program 116,874 Vaccine Replacement/Handling 112,928 WIC 1,819,691 Total Grants $4,643,530 Total Program $8,597,228 5. A budget amendment is recommended per the attached Schedule A, to reflect the Fiscal Year 2007/08 award. FINANCE COMMITTEE Copy of Schedule A – Fiscal Year 2008 Health Division – Comprehensive, Planning, Budgeting and Contracting Agreement Grant Acceptance/Year End Budget Amendment on file in County Clerk’s office. (The vote for this motion appears on page 458.) Commissioners Minutes Continued. October 4, 2007 455 *MISCELLANEOUS RESOLUTION #07228 BY: Planning and Building Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS - WASTE RESOURCE MANAGEMENT – 2007 BEST BUY CONSUMER ELECTRONICS GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Waste Resource Management Unit facilitates the North Oakland Household Hazardous Waste Program (NO HAZ) for residents of northern Oakland County for the purpose of providing household hazardous waste collection services, including collection of computer and electronic waste; and WHEREAS participating member communities reimburse Oakland County for all expenditures associated with the program; and WHEREAS application was made to the Best Buy Company, Inc. for a 2007 Best Buy Consumers Electronics Recycling Program grant in the amount of $3,000; and WHEREAS Best Buy Company, Inc. has awarded Oakland County a 2007 Best Buy Consumers Electronics Recycling Program grant in the amount of $1,500; and WHEREAS the grant award will be utilized to reduce NO HAZ Program costs of participating member communities and will be applied to the 2007 NO HAZ Program’s two Fall collection events; and WHEREAS No County Match is required; and WHEREAS a formal signed contract is not required by Best Buy Company, Inc. for acceptance of the grant; and WHEREAS acceptance of this grant award does not obligate the County to any future commitment. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners accepts the 2007 Best Buy Consumers Electronics Recycling Program grant from the Best Buy Company, Inc. in the amount of $1,500. BE IT FURTHER RESOLVED that continuation of this program in future years is contingent upon the availability of grant funding. 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 – Economic Development and Community Affairs – Waste Resource Management and E-mail regarding Grant from Best Buy on file in County Clerk’s office. FISCAL NOTE (MISC. #07228) BY: Finance Committee, Mike Rogers, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS – WASTE RESOURCE MANAGEMENT – 2007 BEST BUY CONSUMER ELECTRONICS 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 Best Buy Company, Inc. has awarded a 2007 Best Buy Consumers Electronics Recycling Program grant in the amount of $1,500 to Oakland County Waste Resource Management. 2. The grant award will be utilized to reduce North Oakland Household Hazardous Waste Program (NO HAZ) costs to communities participating in the program. 3. The grant award will be receipted in the NO HAZ Program, Grant Fees and Collections revenue account (#10100-1090105-174240-615463) in the General Fund. 4. No County Match is required. 5. No budget amendment is required. FINANCE COMMITTEE (The vote for this motion appears on page 458.) Commissioners Minutes Continued. October 4, 2007 456 *MISCELLANEOUS RESOLUTION #07222 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE - USE OF FORFEITED FUNDS FOR ADDITION TO THE CANINE UNIT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Section 333.7524 of Public Act 368 of 1978 authorizes courts to distribute property and funds forfeited through narcotic seizures to participating agencies to be utilized toward the enhancement of law enforcement efforts related to the Controlled Substances Act; and WHEREAS the courts have distributed $295,941.92 (balance as of 7/31/2007) as a result of Sheriff's Office forfeiture efforts; and WHEREAS the Sheriff is requesting that a portion of these funds be used to pay for the purchase of one (1) trained canine dog and equipment; and WHEREAS the dog and equipment will be used by the Sheriff's Office to enhance law enforcement efforts in compliance with state law; and WHEREAS the canine will be assigned specifically to Highland Township; and WHEREAS the vehicle for this canine will be provided by the Highland Township patrol contract; and WHEREAS the estimated expenses are $13,775 for the canine and equipment and $2,500 for annual expenses. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the use of $16,275 from the Sheriff’s Office Law Enforcement Enhancement Account (#222430) to purchase the attached equipment. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Sheriff’s Office Use of Forfeited Funds and Letter of Understanding Concerning Canine Program on file in County Clerk’s office. FISCAL NOTE (MISC. #07222) BY: Finance Committee, Mike Rogers, Chairperson IN RE: SHERIFF’S OFFICE – USE OF FORFEITED FUNDS FOR ADDITION TO THE CANINE UNIT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Funds in the amount of $314,732.82 (balance as of 9/17/07) are available in the Sheriff’s Department Law Enforcement Enhancement account. 2. The Sheriff is requesting $16,275 of these funds be used to pay for one (1) trained canine dog and one (1) patrol vehicle insert to enhance law enforcement efforts in compliance with state law for the use of these funds. 3. The operating costs of the K-9 Program that exceed its allocation will be reimbursed to the General Fund at the conclusion of the Fiscal Year by transfer from the Law Enforcement Enhancement account. 4. Funds are held in General Fund General Ledger Account (#10100-4030101-110090-222430). The Fiscal Year 2008 and Fiscal Year 2009 budget should be amended as follows: FY 2008 FY 2009 GENERAL FUND #10100 Revenue 4030601-116210-731024 Enhancement Revenue $16,275 $2,500 $16,275 $2,500 Expenditures 4030601-116210-731024 K-9 Program $12,500 $2,500 4030601-116210-788001-66100 Motor Pool Trans $ 4,275 $ -0- $ 16,275 $2,500 Commissioners Minutes Continued. October 4, 2007 457 MOTORPOOL FUND #66100 Revenue 1030811-184010-695500-10100 Trf from Gen. Fund $ 4,275 $ -0- $ 4,275 $ -0- Expenditures 1030811-184010-750413 Parts and Accessories $ 4,275 $ -0- $ 4,275 $ -0- FINANCE COMMITTEE (The vote for this motion appears on page 458.) *MISCELLANEOUS RESOLUTION #07224 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: CIRCUIT COURT – USE OF MEDIATION FUNDS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS by Miscellaneous Resolution #90177, the Board of Commissioners established the Circuit Court Civil Mediation Fund; and WHEREAS the fund is to be used to help pay for Circuit Court enhancements and improvements as requested by the Circuit Court and approved by the Board of Commissioners; and WHEREAS the Court seeks to utilize the Mediation Funds to convert a conference room into a court room to accommodate a new visiting judge: DESCRIPTION COST Furniture Courtroom (jury box chairs, counsel chairs, $ 6,600 Courtroom chairs, counsel tables) Equipment (audio/video/dvd equipment) 30,000 Computers/Printers 6,600 Fax Machine 1,800 TOTAL MEDIATION FUND REQUEST $ 45,000; and WHEREAS the total Civil Mediation Fund transfer for the above-referenced items is $45,000. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the use of $45,000 from the Circuit Court Civil Mediation Fund for the above-referenced items. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE FISCAL NOTE (MISC. #07224) BY: Finance Committee, Mike Rogers, Chairperson IN RE: CIRCUIT COURT – USE OF MEDIATION FUNDS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Resolution authorizes the utilization of Circuit Court Civil Mediation funds as established by Miscellaneous Resolution #90177. 2. Request for these funds are to be used to pay for start up cost for courtroom for a new visiting judge. 3. Funds to be used for courtroom furniture ($6,600), and portable video recording system ($30,000), computers and printer ($6,600) and fax machine of ($1,800) for a total of $45,000. 4. Funding of $665,513.77 is available in the Circuit Court Civil Mediation account of which a portion is reserved to pay attorney bills (10100-3010301-121150-240201). 5. The following budget amendment is recommended to the Fiscal Year 2008 budget: CIRCUIT COURT MEDIATION FUNDS (10100) FY 2008 Revenue 3010301-121150-630245 Civil Mediation $45,000 Commissioners Minutes Continued. October 4, 2007 458 Expenditures 3010101-121100-788001-66400 Trans to Equip Fund $30,000 3010101-121100-750154 Expendable Equip. 15,000 Total Expenditures $45,000 EQUIPMENT FUND (66400) Revenue 1020640-182060-695500-10100 Transfer In from GF $30,000 Expenditure 1020640-182060-750168 FA Proprietary Equip Exp 30,000 Change in Fund Equity $ -0- FINANCE COMMITTEE Vote on Consent Agenda: AYES: Burns, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Zack, Bullard. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda, were adopted. Commissioner Rogers stated there are no items to report for the Finance Committee on the Regular Agenda. MISCELLANEOUS RESOLUTION #07229 BY: General Government Committee, Christine A. Long, Chairperson IN RE: FIFTY-SECOND DISTRICT COURT – APPROVAL OF MAGISTRATE KAREN TRUSZKOWSKI To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners has provided for magistrates for the Fifty- Second District Court; and WHEREAS the Judges of the Fifty-Second District Court have appointed Karen Truszkowski to serve as a magistrate for the Fifty-Second District Court; and WHEREAS MCL 600.8501(1) provides that magistrate appointments are to be approved by the County Board of Commissioners. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the appointment of Karen Truszkowski to act as a magistrate for the Fifty-Second District Court. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of 52nd District Court Administrative Order 2007-02 Appointment of Attorney Magistrate on file in County Clerk’s office. Moved by Long supported by Burns the resolution be adopted. AYES: Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Zack, Bullard, Burns. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. Commissioners Minutes Continued. October 4, 2007 459 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 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 Commissioners Minutes Continued. October 4, 2007 460 FISCAL NOTE (MISC. #07188) BY: Finance Committee, Mike Rogers, Chairperson IN RE: INFORMATION TECHNOLOGY – REQUEST TO EXTEND THE EMERGENCY TELEPHONE OPERATIONS SURCHARGE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: 1. The resolution requests the Board of Commissioners, pending passage of Michigan Senate Bills 410 and 411, to authorize extension of the operational surcharge per communications device for period of January 1, 2008 through December 31, 2009 in the amount of $.28 per communications device. 2. The Senate Bills 410 and 411 will enable the County Board of Commissioners to authorize an operational surcharge through December 31, 2011 with an opportunity to evaluate amount of the surcharge prior to April 1 of each year and make revisions as necessary. 3. While there is no conclusive data on the number of communication devices within Oakland County, it has been estimated that twelve months of surcharge equates to $2,080,009. 4. The estimated requisite amount to cover radio operations has been included in revenue within the Radio Communications Fund Fiscal Year 2008 and Fiscal Year 2009 County Executive Recommended budget; therefore, a budget amendment is not recommended. FINANCE COMMITTEE Moved by Long supported by Greimel the resolution be postponed until the October 18, 2007, Board meeting. Vote on motion to postpone: AYES: Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Zack, Bullard, Burns, Coulter. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was postponed until the October 18, 2007, Board meeting. MISCELLANEOUS RESOLUTION #07230 BY: General Government Committee, Christine Long, Chairperson IN RE: COUNTY CLERK/REGISTER OF DEEDS – ELECTIONS DIVISION – AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS BY THE CITY OF BIRMINGHAM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in Resolution #97232 the Board of Commissioners authorized the establishment of a revised Board of Canvassers’ Service Fee of $25.00 per precinct to help defray the cost of election certification as provided by Public Act 116 of 1954, as amended; and WHEREAS the City of Birmingham is requesting to utilize the services of the Oakland County Board of Canvassers for the November 6, 2007 election; and WHEREAS Oakland County Corporation Counsel has drafted an agreement for the City of Birmingham to utilize the services of the Oakland County Board of Canvassers. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the attached agreement with the City of Birmingham to utilize the services of the Oakland County Board of Canvassers. BE IT FURTHER RESOLVED that, upon approval of this agreement by the Oakland County Board of Commissioners, a copy shall be filed by the County Clerk with the Office of the Great Seal of the State of Michigan. Commissioners Minutes Continued. October 4, 2007 461 BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Agreement between the County and City of Birmingham. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Request from City of Birmingham, Birmingham City Commission Resolution and Agreement between the City of Birmingham and Oakland County to Utilize the Services of the Oakland County Board of Canvassers on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. REPORT BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – APPOINTMENT TO THE OAKLAND COUNTY CANVASSING BOARD To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the expired appointments on the Oakland County Canvassing Board and the recommendations by Dennis Cowan, Chairperson of the Republican Party and Commissioner David Woodward, Chairperson of the Democratic Party, recommends the filling of seats, as follows: Oakland County Canvassing Board (Four-year term ending October 31, 2011) Heide Oprisiu, Republican Member Jeanne Deneweth, Democratic Member Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Copy of letters from Ruth Johnson, Oakland County Clerk/Register of Deeds, Dennis G. Cowan, Chairman, Oakland County Republican Party and David T. Woodward, Chair, Oakland County Democratic Party on file in County Clerk’s office. Moved by Long supported by Coulter the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. The vote for members of the Oakland County Canvassing Board, as a result of a paper ballot vote, reads as follows, listing the Commissioner and their selection of Democratic Candidate and Republican Candidate in parenthesis: Bullard (Deneweth, Oprisiu), Burns (Deneweth, Oprisiu), Coulter (Deneweth, Oprisiu), Crawford (Deneweth, Oprisiu), Douglas (Deneweth, Oprisiu), Gershenson (Deneweth, Oprisiu), Gingell (Deneweth, Oprisiu), Gosselin (Deneweth, Oprisiu), Gregory (Deneweth, Oprisiu), Greimel (Deneweth, Oprisiu), Hatchett (Deneweth, Oprisiu), Jacobsen (Deneweth, Oprisiu), Kowall (Deneweth, Oprisiu), Long (Abstain, Oprisiu), Middleton (Deneweth, Oprisiu), Nash (Deneweth, Oprisiu), Potter (Deneweth, Oprisiu), Potts (Deneweth, Oprisiu), Rogers (Abstain, Oprisiu), Scott (Deneweth, Oprisiu), Spector (Deneweth, Oprisiu), Suarez (Deneweth, Oprisiu), Zack (Deneweth, Oprisiu). SUMMARY OF VOTES Democratic Candidates Republican Candidates Jeanne Deneweth 21 Heide Oprisiu 23 Ramzi Dalloo 0 James Aldrich 0 Edward Benson 0 David Olivencia 0 Commissioners Minutes Continued. October 4, 2007 462 Moved by Long supported by Coulter the appointments of Jeanne Deneweth as the Democratic Representative and Heide Oprisiu as the Republican Representative to the Oakland County Canvassing Board for a Four Year Term ending October 31, 2011, be confirmed. A sufficient majority having voted in favor, the appointments of Jeanne Deneweth and Heide Oprisiu to the Oakland County Canvassing Board for a Four Year Term ending October 31, 2011, were confirmed. Oakland County Clerk/Register of Deeds Ruth Johnson addressed the Board. MISCELLANEOUS RESOLUTION #07231 BY: Personnel Committee, Thomas Middleton, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT – CHANGE TO MERIT RULE 10A To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution #4606 provides that the Personnel Appeal Board shall be made up of five members and that two members shall be selected by the County’s employees in the same manner in which employee members of the Oakland County Employees’ Retirement Commission are elected; and WHEREAS changes have occurred in the Retirement Commission election process in which ballots are distributed and returned; and WHEREAS Merit Rule 10A. Sections 10A.5.17 (distribution of ballots), 10A.5.18 (deposit of ballots) and 10A.5.19 (collection of ballots) describe this election process; and WHEREAS the changes in the Retirement Commission election process require Merit Rule 10A Sections 10A.5.17 (distribution of ballots), 10A.5.18 (deposit of ballots) and 10A.5.19 (collection of ballots) be changed; and WHEREAS Section IV, Subsection A of the Merit System Resolution requires that all changes in the rules and regulations of the Merit System shall be submitted to the Board of Commissioners at a regular meeting of the Board and shall become effective thirty (30) days after such meeting unless an objection is received in writing by the Chairperson of the Board of Commissioners, in which case objection shall become a matter of business at the next meeting of the Board. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes that the reading and distribution of this notice and copy of the proposed change to Merit Rule 10 A. to all Commissioners present and absent, is considered as the official submission to the Board of Commissioners of the described change in Rule 10A. BE IT FURTHER RESOLVED that changes to the Merit Rules be cross referenced by the appropriate Board of Commissioners' Resolution number authorizing such change. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE Copy of Proposed Change in Merit System Rule on file in County Clerk’s office. The Chairperson stated the resolution be laid over for 30 days until the November 29, 2007, Board meeting. There were no objections. MISCELLANEOUS RESOLUTION #07232 BY: Personnel Committee, Thomas Middleton, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT - FISCAL YEAR 2007 COLLECTIVE BARGAINING AGREEMENT EXTENSION FOR EMPLOYEES REPRESENTED BY THE COMMAND OFFICERS ASSOCIATION (COA) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland and the COA have negotiated an extension of the current collective bargaining agreement for Fiscal Year 2007 for approximately 102 Sheriff Office Command Officers; and WHEREAS this agreement provides for 2% increase effective with the pay period beginning September 30, 2006; and Commissioners Minutes Continued. October 4, 2007 463 WHEREAS this agreement provides that health care for the employees represented by this bargaining unit will be consistent with Miscellaneous Resolution #06114 effective with the ratification of this agreement; and WHEREAS the agreement including other modifications has been reduced to writing in the form of a Memorandum of Agreement; and WHEREAS this agreement has been reviewed by your Personnel Committee, which recommends its approval. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the collective bargaining agreement extension between the County of Oakland and the Command Officers Association covering the period of October 1, 2006, through September 30, 2007, and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE Copy of Memorandum of Agreement on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #07233 BY: Personnel Committee, Thomas Middleton, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT - FISCAL YEAR 2008 COLLECTIVE BARGAINING AGREEMENT EXTENSION FOR EMPLOYEES REPRESENTED BY THE OAKLAND COUNTY PROSECUTOR’S INVESTIGATORS ASSOCIATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland and the Oakland County Prosecutor’s Investigators Association have negotiated a an extension of the current collective bargaining agreement for Fiscal Year 2008 for approximately seven Prosecutor’s Investigators; and WHEREAS this agreement provides for 1% increase effective with the pay period beginning September 29, 2007; and WHEREAS this agreement provides that health care for the employees represented by this bargaining unit will be consistent with the health care changes described in the County Executive’s budget recommendation for fiscal year 2008, such modifications to begin January 1, 2008; and WHEREAS the agreement has been reduced to writing in the form of a Memorandum of Agreement; and WHEREAS this agreement has been reviewed by your Personnel Committee, which recommends its approval. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the collective bargaining agreement extension between the County of Oakland and the Oakland County Prosecutor’s Investigators Association covering the period of October 1, 2007, through September 30, 2008, and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE Copy of Memorandum of Agreement on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #07234 BY: Personnel Committee, Thomas Middleton, Chairperson IN RE: CIRCUIT COURT/FAMILY DIVISION – REQUEST FOR APPROVAL OF CONTRACT WITH A FORMER COUNTY EMPLOYEE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners has authorized and recognized the value of professional services contracts with former county employees and established a criteria for such Commissioners Minutes Continued. October 4, 2007 464 arrangements in resolution #93300 to ensure the appropriate review and approval of such professional services contractual arrangements; and WHEREAS the Circuit Court’s Psychological Clinic, each year, continues to experience significant growth in referrals. In 1997, the Clinic received 1,177 referrals for psychological evaluation and in 2006, the Clinic received 2,135 referrals, an increase of 81%; and WHEREAS it has been determined by the Circuit Court that an effective way to handle this increase in referrals and provide court-ordered psychological evaluation services to the Court is through the use of Professional Service contracts with local experts in the field; and WHEREAS Julie Kwon was a Senior Psychologist for the Circuit Court’s Psychological Clinic for approximately 5 years as an employee; and WHEREAS the Circuit Court Family Division (Clinical Services Unit) is requesting a contract with Julie Kwon from September 30, 2007 through September 29, 2010; and WHEREAS the cost for this contract is not to exceed $40,000 over the life of the contract and funding is included in the Circuit Court’s Professional Services line item; and WHEREAS this contract is contingent upon final approval by Personnel and Finance Committees because it involves a former County employee. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the professional services contract between the County and psychologist Julie Kwon. Chairperson, on behalf of the Personnel Committee, I move adoption of the foregoing resolution. PERSONNEL COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. Commissioner Douglas stated there are no items to report for the Planning and Building Committee on the Regular Agenda. Commissioner Potter stated there are no items to report for the Public Services Committee on the Regular Agenda. MISCELLANEOUS RESOLUTION #07235 BY: Bill Bullard, Jr., District #2, Tim Burns, District #19, David Coulter, District #25, Hugh Crawford, District #9, Sue Ann Douglas, District #12, Marcia Gershenson, District #17, Michael Gingell, District #3, Robert Gosselin, District #13, Vincent Gregory, District #21, Tim Greimel, District #11, Mattie Hatchett, District #10, Bradford Jacobsen, District #1, Eileen Kowall, District #6, Christine Long, District #7, Thomas Middleton, District #4, Jeff Potter, District #8, David Potts, District #20, Mike Rogers, District #14, John Scott, District #5, Karen Spector, District #16, George Suarez, District #24, Helaine Zack, District #22 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR H.R. 2927 FOR RESPONSIBLE FUEL ECONOMY INCREASES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS H.R. 2927 sets tough fuel economy standards without off ramps or loopholes by requiring separate car and truck standards to meet a total fleet fuel economy between 32 and 35 mpg by 2022 – an increase of as much as 40 percent over current fuel economy standards – and requires vehicle fuel economy to be increased to the maximum feasible level in the years leading up to 2022; and WHEREAS H.R. 2927, while challenging, will provide auto makers more reasonable lead time to implement technology changes in both the near and long-term. Model Year 2008 vehicles are already available today, and product and manufacturing planning is done through Model Year 2012. H.R. 2927 recognizes the critical need for engineering lead times necessary for manufacturers to make significant changes to their fleets; and WHEREAS H.R. 2927 respects consumer choice by protecting the important functional differences between passenger cars and light trucks/SUVs. Last year, 2006, was the sixth year in a row that Americans bought more trucks, minivans and SUVs than passenger cars, because they value attributes such as passenger and cargo load capacity, four-wheel drive, and towing capability that most cars are not designed to provide; and WHEREAS while some would like fuel economy increases to be much more aggressive and be implemented with much less lead time, Corporate Average Fuel Economy (CAFE) standards must be set Commissioners Minutes Continued. October 4, 2007 465 at levels and in time frames that do not impose economic harm on the manufacturers, suppliers, dealers and others in the auto industry; and WHEREAS H.R. 2927 is a reasonable bill that balances a number of important public policy concerns. The bill represents a tough but fair compromise that deserves serious consideration and support; and WHEREAS the Government Affairs Committee of Automation Alley has adopted a resolution in support of H.R. 2927 which reasonably balances achievable fuel economy increases with important economic and social concerns including consumer demand. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby respectfully requests the United States Congress to support H.R. 2927, which responsibly balances achievable fuel economy increases with important economic and social concerns including consumer demand. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to the President of the United States Senate, the Speaker of the United States House of Representatives, the members of the United States House Committee on Energy and Commerce, the Oakland County delegation to Congress, the National Association of Counties, the Michigan Association of Counties, Oakland County’s legislative lobbyists and the Government Affairs Committee of Automation Alley. Chairperson, we move the adoption of the foregoing resolution. BILL BULLARD, TIM BURNS, DAVID COULTER, HUGH CRAWFORD, SUE ANN DOUGLAS, MARCIA GERSHENSON, MICHAEL GINGELL, ROBERT GOSSELIN, VINCENT GREGORY, TIM GREIMEL, MATTIE HATCHETT, BRADFORD JACOBSEN, EILEEN KOWALL, CHRISTINE LONG, THOMAS MIDDLETON, JEFF POTTER, DAVID POTTS, MIKE ROGERS, JOHN SCOTT, KAREN SPECTOR, GEORGE SUAREZ, HELAINE ZACK Moved by Bullard supported by Gregory to suspend the rules and vote on MISCELLANEOUS RESOLUTION #07235 – BOARD OF COMMISSIONERS – SUPPORT FOR H.R. 2927 FOR RESPONSIBLE FUEL ECONOMY INCREASES. Vote on motion to suspend the rules: AYES: Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Potter, Potts, Rogers, Scott, Spector, Suarez, Zack, Bullard, Burns, Coulter, Crawford. (22) NAYS: Nash. (1) A sufficient majority having voted in favor, the motion to suspend the rules and vote on MISCELLANEOUS RESOLUTION #07235 – BOARD OF COMMISSIONERS – SUPPORT FOR H.R. 2927 FOR RESPONSIBLE FUEL ECONOMY INCREASES carried. Moved by Bullard supported by Gregory the resolution be adopted. AYES: Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Potter, Potts, Rogers, Scott, Spector, Suarez, Zack, Bullard, Burns, Coulter, Crawford, Douglas. (22) NAYS: Nash. (1) A sufficient majority having voted in favor, the resolution was adopted. Commissioners Minutes Continued. October 4, 2007 466 MISCELLANEOUS RESOLUTION #07236 BY: Marcia Gershenson, District #17, Chris Long, District #7, Eileen Kowall, District #6, Jim Nash, District #15, Hugh Crawford, District #9, Michael Gingell, District #3, Mattie Hatchett, District #10, Vincent Gregory, District #21, Jeff Potter, District #8, George Suarez, District #24, Bradford Jacobsen, District #1, David Potts, District #20, Tim Greimel, District #11, Karen Spector, District #16, Helaine Zack, District #22, David Woodward, District #18, David Coulter, District #25, Tim Burns, District #19 IN RE: BOARD OF COMMISSIONERS – WOMEN’S COMMISSION FOR OAKLAND COUNTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Michigan has the 8th largest female population in the United States; and WHEREAS women are 50.8% of Oakland County’s population; and WHEREAS 58.9% of Michigan women are in the work force (2002); and WHEREAS the status of women in Michigan is critical to the economic recovery of the state; and WHEREAS policies to improve women’s status will help improve economic growth; and WHEREAS women have a substantial responsibility for their families well-being; and WHEREAS women as workers, parents, wives face unique challenges; and WHEREAS the State of Michigan recognizes the importance of improving the status of women in Michigan by establishing a women’s agenda; and WHEREAS a Women’s Commission for Oakland County would be helpful in determining the status and needs of women in Oakland County; and WHEREAS helping women improve their health, safety, education, economic and social autonomy, earnings and employment should be considered in the continued growth of Oakland County. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners establishes a Women’s Commission for Oakland County. BE IT FURTHER RESOLVED that the Women’s Commission for Oakland County may conduct public forums and will study matters concerning women in Oakland County, and shall report their findings to the Oakland County Board of Commissioners on or before the last scheduled Board of Commissioners’ meeting of 2008. BE IT FURTHER RESOLVED that the Women’s Commission for Oakland County will terminate on December 31, 2008, unless and until action is taken for its continuation by the Oakland County Board of Commissioners. BE IT FURTHER RESOLVED that the Women’s Commission for Oakland County shall meet 4 times a year with additional meetings as necessary to conduct the business of the commission. BE IT FURTHER RESOLVED that the Women’s Commission for Oakland County will comply with the Michigan Open Meetings Act. The meeting notices shall be posted. The minutes shall be submitted to the General Government Committee as information items. BE IT FURTHER RESOLVED that membership of the Women’s Commission for Oakland County shall consist of 25 members, each serving for a one-year term that expires on December 31st of each year. BE IT FURTHER RESOLVED that twenty-five (25) representatives will each be appointed by their respective Oakland County Commissioner, for a one-year term. Each appointed person must reside in the district that their County Commissioner represents and serves at the pleasure of the appointing County Commissioner. BE IT FURTHER RESOLVED that 2 Oakland County Commissioners shall be appointed to serve as ex- officio members to the Women’s Commission for Oakland County. One Commissioner from the majority party and one Commissioner from the minority party will be recommended by the General Government Committee to the full Board of Commissioners for these non-voting ex-officio appointments. BE IT FURTHER RESOLVED that the Women’s Commission for Oakland County is subject to federal, state and county laws, rules and regulations on lobbying, use of public monies for political purposes, standard of conduct and ethics. BE IT FURTHER RESOLVED that members of the Women’s Commission for Oakland County serve as volunteers and shall not be compensated, and that the Commission for Women will receive no funding from the County of Oakland. BE IT FURTHER RESOLVED that the Women’s Commission for Oakland County may accept funds, including gifts, donations, grants or any federal or state funds for purposes relating to its work as a Women’s Commission for Oakland County. The acceptance and use of any federal or state funds by the Commissioners Minutes Continued. October 4, 2007 467 Women’s Commission for Oakland County commits no Oakland County funds and places no obligation upon Oakland County to continue the purposes for which the funds are made available. BE IT FURTHER RESOLVED that the purpose of the Women’s Commission for Oakland County shall be to survey the status of women in Oakland County, as well as, assess their needs. To this end, the Women’s Commission for Oakland County shall: 1. Enact bylaws for it’s own governance. 2. Hold public meetings and fact-finding hearings and disseminate information to the Oakland County Board of Commissioners, the County Executive, public agencies and the public. 3. Use voluntary services of private individuals, agencies and organizations which may be offered and needed from time to time. 4. Work with and obtain statistical information from Oakland County’s Planning and Economic Development Services Department and other governmental and human services agencies. 5. Provide a report to the Oakland County Board of Commissioners and County Executive on or before the last Board of Commissioners’ meeting of the 2008 calendar year. Chairperson, we move the adoption of the foregoing resolution. MARCIA GERSHENSON, EILEEN KOWALL, JIM NASH, HUGH CRAWFORD, VINCENT GREGORY, GEORGE SUAREZ, KAREN SPECTOR, HELAINE ZACK, DAVID COULTER, TIM BURNS, ERIC COLEMAN The Chairperson referred the resolution to the General Government Committee. There were no objections. The Board adjourned at 10:05 a.m. to the call of the Chair or October 18, 2007, at 9:30 a.m. RUTH JOHNSON BILL BULLARD, JR. Clerk Chairperson