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HomeMy WebLinkAboutMinutes - 2008.10.02 - 8470814 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES October 2, 2008 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, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack. (22) EXCUSED ABSENCE WITH NOTICE: Clark, Douglas. (2) EXCUSED ABSENCE PER MISCELLANEOUS RESOLUTION #04228: Coleman. (1) Quorum present. Invocation given by Tom Middleton. Pledge of Allegiance to the Flag. Moved by Scott supported by Hatchett the minutes of the September 18, 2008 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, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack. (22) NAYS: None. (0) A sufficient majority having voted in favor, the agenda was approved as printed. Chairperson Bill Bullard, Jr., along with Commissioners John Scott, Bradford Jacobsen, Christine Long, and Mattie Hatchett presented a Proclamation to Anna M. Devers honoring her for her outstanding years of service to the Oakland County Personnel Appeal Board. Chairperson Bill Bullard, Jr., along with the entire Board of Commissioners presented a Proclamation to Timothy Soave, Manager of the Oakland County Fiscal Services Division, to honor him for being awarded an Honorary Life Membership from the Government Finance Officers Association. Timothy Soave, along with his wife, addressed the Board. There was no public comment. Commissioners Minutes Continued. October 2, 2008 815 Moved by Rogers supported by Gershenson 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 843. The resolutions on the Consent Agenda follow (annotated by an asterisk {*}): *MISCELLANEOUS RESOLUTION #08207 BY: Finance Committee, Mike Rogers, Chairperson IN RE: BOARD OF COMMISSIONERS – NOTICE TO WALLED LAKE AND WALLED LAKE DDA To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners supports the economic growth of Oakland County; and WHEREAS among the tools used to promote this economic growth is Tax Increment Financing (TIF) in the form of Downtown Development Authorities (DDAs), Local Development Finance Authorities (LDFAs), and Corridor Improvement Authorities (CIAs); and WHEREAS to review requests from the cities, villages, and townships to establish or expand DDAs, LDFAs, and CIAs, the Board of Commissioners has, pursuant to Miscellaneous Resolution #99010, established the Tax Increment Financing District Review Policy Ad Hoc Committee (Review Committee) to evaluate and recommend to the Finance Committee on the County’s participation in these proposed Authorities; and WHEREAS the Review Committee has promulgated protocols and performance standards for County participation in these Authorities, and this Board of Commissioners has adopted these policies as guidelines to assist the County in its review of a municipality’s plan; and WHEREAS it has been the practice of the Review Committee to recommend to the Finance Committee and to the Board of Commissioners that the County be pro-active in reviewing plans from communities, even in those cases where the community indicates that a proposed Authority or expanded district would not involve or include tax increment financing (TIF) and tax capture; and WHEREAS by letter dated July 9, 2008, the Walled Lake Downtown Development Authority and the City of Walled Lake notified the County that they planned to hold a public hearing on August 19, 2008, to consider a resolution to expand the DDA district boundaries; and WHEREAS the letter also indicates that if approved, there will be no TIF capture in the expanded area, and further, that if this were to change in the future, the County will be notified; and WHEREAS due to the statutory 60 day time frame within which a taxing jurisdiction, in this case the County, must act upon receiving notice from a community that a public hearing to expand DDA boundaries will be held, the County has determined to act on this information as set forth herein. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners has no objection to the City and the DDA’s expansion of the district boundaries as set forth in the attached “Agreement,” provided that no TIF is utilized and that the County’s Review Committee is notified of any future change in TIF capture. BE IT FURTHER RESOLVED that the Board of Commissioners hereby determines to exercise its option to exempt County ad valorum property taxes from capture in the expanded DDA district if the City and the DDA determine at a future date to utilize TIF in the expanded district. BE IT FURTHER RESOLVED that the Board of Commissioners hereby directs the County Clerk to send a copy of this resolution to the Clerk of the City of Walled Lake and to the Chairperson of the DDA. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE (The vote for this motion appears on page 843.) *MISCELLANEOUS RESOLUTION #08208 BY: Finance Committee, Mike Rogers, Chairperson IN RE: BOARD OF COMMISSIONERS – 2008 HURON CLINTON METROPOLITAN AUTHORITY TAX RATE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Huron-Clinton Metropolitan Authority (HCMA) has requested that the Oakland County Board of Commissioners apportion a 0.2146 mill property tax rate, consistent with Michigan Law (MCL 211.34d(26) the Headlee “amendment”; and Commissioners Minutes Continued. October 2, 2008 816 WHEREAS the Finance Committee recommends the 2008 Huron-Clinton Metropolitan Authority rate be set at 0.2146 mill, the maximum allowable tax rate; and WHEREAS $13,890,835 is estimated to be raised by the 0.2146 levy. NOW THEREFORE BE IT RESOLVED that each Supervisor of the various townships and Assessing Officers of the several cities or Oakland County are authorized and directed to spread on their respective township or city tax rolls for the year 2008 a tax rate of 0.2146 mill for the Huron-Clinton Metropolitan Authority, to be applied to the 2008 Taxable Value of all property located within their respective jurisdictions. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE (The vote for this motion appears on page 843.) *MISCELLANEOUS RESOLUTION #08191 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 FARMINGTON HILLS 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 Farmington Hills is requesting to utilize the services of the Oakland County Board of Canvassers for five (5) years; and WHEREAS Oakland County Corporation Counsel has drafted an agreement for the City of Farmington Hills 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 Farmington Hills 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. 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 the City of Farmington Hills. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE AGREEMENT BETWEEN THE CITY OF FARMINGTON HILLS AND OAKLAND COUNTY TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS This AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS (hereafter this “Agreement”) is made and entered into between the City of Farmington Hills, a Michigan Constitutional and Municipal Corporation whose address is 31555 West Eleven Mile Road, Farmington Hills, Michigan 48336-1165 (hereafter the “Municipality”), and the County of Oakland, a Michigan Constitutional and Municipal Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereafter the “County”). In this Agreement, the County or the Municipality may also be referred to as a “Party” and jointly as the “Parties”. PURPOSE OF AGREEMENT. Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501, et. seq., the County and the Municipality enter into this Agreement to delineate the relationship and responsibilities between the Parties to provide election canvassing services. Current Michigan Election Law provides that: “A 4-member board of canvassers is established in every city and township having more than 5 precincts, notwithstanding any statutory or charter provision, or any other rule or law to the contrary.” [MCL 168.30a(1)] This statute further provides that: “The city council or the township board of any city or township having more than 5 precincts may contract with the board of Commissioners Minutes Continued. October 2, 2008 817 supervisors of the county in which all or the greater portion of the city or township’s population resides to provide that the board of county canvassers of that county shall perform all the functions of the board of city or township canvassers.” [MCL 168.30a(2)] Finally, this statute provides that: “Financial arrangements of such a contract may provide that the city or township shall bear all or part of cost of such work.” [MCL 168.30a(2)] The Municipality has requested the County’s assistance in meeting the Municipality’s obligation to provide all the functions of the board of city or township canvassers (hereafter, “Municipality Canvassers”) through the Oakland County Board of Canvassers, and the County is agreeable to provide such services in accord with the terms and conditions of this Agreement. In consideration of the mutual promises, obligations, representations, and assurances in this Agreement, the Parties agree to the following: 1. DEFINITIONS. The following words and expressions used throughout this Agreement, whether used in the singular or plural, within or without quotation marks, or possessive or nonpossessive, shall be defined, read, and interpreted as follows. 1.1. Agreement means the terms and conditions of this Agreement and any other mutually agreed to written and executed modification, amendment, or addendum. 1.2. County means Oakland County, a Municipal and Constitutional Corporation including, but not limited to, all of its departments, divisions, the County Board of Commissioners, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, volunteers, and/or any such persons’ successors. 1.3. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m. 1.4. Expenses shall include, but not be limited to, any and all actual amounts paid to, for, or on behalf of any and all members of the Oakland County Board of Canvassers in connection with or for any and all services, activities, or the performance of any and all statutory functions for the Municipality under the term of this Agreement as provided under the applicable state statutes and/or as otherwise allowed or authorized by the Oakland County Board of Commissioners. 1.5. Legislative Body when referring to Oakland County means the Oakland County Board of Commissioners. When referring to the City of Farmington Hills, it means the Farmington Hills City Council. 1.6. Municipality means the City of Farmington Hills, a Municipal and Constitutional Corporation including, but not limited to, its Council, Board, any and all of its departments, its divisions, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, subcontractors, attorneys, volunteers, and/or any such persons’ successors. 2. COUNTY RESPONSIBILITIES. The Oakland County Board of Canvassers shall perform all the statutory functions which would otherwise be required to be performed by the Municipality Canvassers pursuant to MCL 168.30a(2). When performing services under this Agreement, the County Board of Canvassers shall have all the powers, duties and functions that would otherwise have been afforded to the Municipality Canvassers. 3. MUNICIPALITY RESPONSIBILITIES. The Municipality agrees that it shall provide the necessary information and assistance required to enable the Oakland County Board of Canvassers to carry out their legal responsibilities. 4. EFFECTIVE DATE, DURATION AND AMENDMENTS. 4.1. This Agreement and any amendments shall become effective upon the passage of a resolution by each Party’s Legislative Body. An executed copy of this Agreement shall be filed with the Clerk for the County and the Clerk for the Municipality. This Agreement and certified copies of the resolutions, as well as any amendments, shall be filed with the Secretary of State by the Oakland County Clerk. Any subsequent amendments shall only become effective and binding upon the Parties after each Party’s Legislative Body has passed a resolution approving the amendment. 4.2. Unless extended by mutual written agreement by both Parties, this Agreement shall remain in effect for five (5) years from the date the Agreement is executed by both Parties or until cancelled or terminated by either of the Parties as provided herein. 5. PAYMENT. The Municipality hereby agrees to pay to the County the following amounts: Commissioners Minutes Continued. October 2, 2008 818 5.1. For any and all such County services associated with any general, primary, or county- wide special election, when the ballot includes a local issue or election, the Municipality shall pay to the County an amount equal to TWENTY-FIVE ($25.00) DOLLARS for each and every election precinct within the Municipality. 5.2. For any and all such County services associated with any Municipality, local or special election where no other jurisdiction is holding an election canvassed by the Oakland County Board of Canvassers, the Municipality shall pay the County any and all actual County Expenses incurred and/or paid by the County in providing Board of Canvassers services under this Agreement. 5.3. The County, through its Department of Management and Budget and upon such frequency as deemed appropriate by the County, shall prepare and forward to the Municipality an itemized invoice for such Oakland County Board of Canvassers services provided to the Municipality pursuant to this Agreement. The Municipality agrees to pay the full amount shown on any such invoice within thirty (30) calendar days after the date shown on any such invoice. 5.4. The Parties agree that the Municipality’s obligation to pay the County any and all amounts due and owing under this Agreement shall be absolute and unconditional and shall not be affected, in any way, by the occurrence of either Party’s default or any term or condition of this Agreement nor shall any other occurrence or event relieve, limit, or impair the obligation of the Municipality to pay the County as provided for herein. 5.5. The Municipality agrees that the County may, at its sole option, recover any such amounts due and owing the County as shown on any County Invoice by offsetting such amounts from any monies or other amounts in the possession of the County and/or otherwise held by the County for any reason or for any purpose that are otherwise payable, due, or owing to the Municipality by or from the County. For purposes of illustration, but without limitation, the Municipality agrees that if there is any amount due and owing to the County under this Agreement still unpaid to the County at the time the County is scheduled to distribute funds, if any, to the Municipality from the Delinquent Tax Revolving Fund (“DTRF”), the County shall be entitled, at its sole option, to reduce, set-off, and permanently retain from any amount otherwise then payable to the Municipality from Delinquent Tax Revolving Fund (“DTRF”), any amount then still due and owing the County from the Municipality pursuant to this Agreement. 6. ASSURANCES. 6.1. Each Party shall be responsible for its own acts and the acts of its employees, and agents, the costs associated with those acts, and the defense of those acts. 6.2. This Agreement does not create any direct or indirect obligation or right to be indemnified (i.e., contractually, legally, equitably or by implication) nor any right to be subrogated to any rights in this Agreement. 6.3. The Parties have taken all actions and secured all approvals necessary to authorize and complete this Agreement. The persons signing this Agreement on behalf of each Party have legal authority to sign this Agreement and bind the Parties to the terms and conditions contained herein. 6.4. Each Party shall comply with all federal, state, and local ordinances, regulations, administrative rules, and requirements applicable to its activities performed under this Agreement. 7. LIMITATION OF LIABLITY. In no event shall the County be liable to the Municipality or any other person, for any consequential, incidental, direct, indirect, special, and punitive or other damages arising out of this Agreement. 8. TERMINATION OR CANCELLATION OF AGREEMENT. Either Party may terminate or cancel this Agreement upon ninety (90) days written notice, without incurring a penalty or additional liability, for any reason, including convenience. The effective date of termination and/or cancellation shall be clearly stated in the written notice. The Party desiring to cancel this Agreement shall provide the Clerk of the other Party’s Legislative Body with a resolution passed by the canceling Party’s Legislative Body, which indicates the clear desire of that Party to cancel this Agreement. Commissioners Minutes Continued. October 2, 2008 819 9. RESERVATION OF RIGHTS. This Agreement does not, and is not intended to waive, impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the Parties. 10. LIMITATION OF LIABILITY/RESERVATION OF RIGHTS. Except as expressly provided otherwise herein, this Agreement does not, and is not intended to, create, diminish, delegate, transfer, assign, divest, impair, or contravene any constitutional, statutory, and/or other legal right, privilege, power, civil or legal responsibility, obligation, duty of care, liability, capacity, immunity, or authority of either the Municipality or the County to any other person or Party. The Parties further agree, notwithstanding any other term or condition in this Agreement, that no provision in this Agreement is intended, nor shall it be construed, as a waiver of any governmental immunity by either Party for that Party and/or any of that Party’s agents as provided by statute or applicable court decisions. 11. NOTICES. Notices given under this Agreement shall be in writing and shall be personally delivered, sent by express delivery service, certified mail, or first class U.S. mail postage prepaid, and addressed to the person listed below. Notice will be deemed given on the date when one of the following first occur: (1) the date of actual receipt; (2) the next business day when notice is sent express delivery service or personal delivery; or (3) three days after mailing first class or certified U.S. mail. 11.1. If Notice is sent to the County, it shall be addressed and sent to: Oakland County Clerk, 1200 North Telegraph Road, Pontiac, Michigan, 48341 and Chairperson of the Oakland County Board of Commissioners, 1200 North Telegraph, Pontiac, Michigan 48341. 11.2. If Notice is sent to the Municipality, it shall be addressed to: City Clerk, City of Farmington Hills, 31555 West Eleven Mile Road, Farmington Hills, Michigan 48336-1165. 11.3. Either Party may change the address and/or individual to which Notice is sent by notifying the other Party in writing of the change. 12. GOVERNING LAW/CONSENT TO JURISDICTION AND VENUE. This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan. Except as otherwise required by law or court rule, any action brought to enforce, interpret, or decide any Claim arising under or related to this Agreement shall be brought in the 6th Judicial Circuit Court of the State of Michigan, the 50th District Court of the State of Michigan, or the United States District Court for the Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of the court. Except as otherwise required by law or court rule, venue is proper in the courts set forth above. 13. ENTIRE AGREEMENT. This Agreement constitutes the complete and entire agreement between the Municipality and the County regarding this subject matter and supersedes any and all prior agreements, representations or understandings related to the subject matter of this Agreement. For and in consideration of the mutual promises, acknowledgments, and representations set forth in this Agreement, and for other good and valuable consideration, the adequacy of which is hereby acknowledged, the County and the Municipality hereby agree to be bound by the above terms and provisions. IN WITNESS WHEREOF, __________________________, ___________________, (Name) (Office Title) of the City of Farmington Hills, hereby acknowledges that she/he has been authorized by a (Municipality Name) resolution of the City of Farmington Hills Council, a certified copy of which is attached, (Municipality Legislative Body) to execute this Agreement on behalf of the Municipality, and hereby accepts and binds the Municipality to the terms and conditions of this Agreement on this ____ day of______, 2007. WITNESS: City of Farmington Hills, a Michigan Constitutional and Municipal Corporation By: ___________________________ By: ______________________________________ Name Name ____________________________ ______________________________________ Title Title IN WITNESS WHEREOF, Bill Bullard, Chairperson, Oakland County Board of Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners Minutes Continued. October 2, 2008 820 Commissioners, a certified copy of which is attached, to execute this Agreement on behalf of the County, and hereby accepts and binds the County to the terms and conditions of the Agreement on this _______ day of _______________, 2007. WITNESS: County of Oakland, a Michigan Constitutional and Municipal Corporation By: ________________________ By: ________________________________ Ruth Johnson Bill Bullard, Chairperson Oakland County Clerk Oakland County Board of Commissioners (2007-0662) FISCAL NOTE (MISC. #08191) BY: Finance Committee, Mike Rogers, 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 FARMINGTON HILLS 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 Clerk Register of Deeds – Elections Division is authorized to establish 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. 2. The City of Farmington Hills is requesting to utilize the services of the Oakland County Board of Canvassers for a period of five (5) years. 3. The approval and exercise of this agreement will generate an estimated $700 (28 precincts @ $25 per precinct) of general fund revenue in the Board of Canvasser Services Fee line item for Fiscal Year 2009/2010 with corresponding operating expense increases of the same amount in the Fees Per Diems line item. 4. An amendment is recommended to the Fiscal Year 2009 and Fiscal Year 2010 Adopted General Fund budget to authorize the exercise of this agreement and increase revenues and expenses as follows: GENERAL FUND - 10100 FY 2009 FY 2010 Revenue 2010301-185010-630147 Bd. of Canvasser Svc. Fee $ 700 $ 700 Total Revenues $ 700 $ 700 Expenditure 2010301-185010-730709 Fees-Per Diems $ 700 $ 700 Total Expenditures $ 700 $ 700 FINANCE COMMITTEE (The vote for this motion appears on page 843.) *MISCELLANEOUS RESOLUTION #08192 BY: General Government Committee, Christine Long IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – INTERLOCAL AGREEMENT BETWEEN OAKLAND COUNTY AND LYON TOWNSHIP FOR THE FIRE RECORDS MANAGEMENT SYSTEM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners approved the acquisition of the Fire Records Management System in Miscellaneous Resolution #99309; and WHEREAS the purpose of the Fire Records Management System is to capture and create fire records from the inception of a 9-1-1 call, to include the additional computer-aided dispatch information, and complete the recording in a standard records management system, promoting communication and the sharing of fire records among the municipalities that participate; and WHEREAS the Department of Information Technology, the Department of Corporation Counsel, and the Fire Governance Committee have developed a Fire Records Management System Interlocal Agreement Commissioners Minutes Continued. October 2, 2008 821 setting forth the rights and obligations of the County and the municipalities participating in the Fire Records Management System; and WHEREAS the Oakland County Board of Commissioners authorized the execution of the attached Interlocal Agreement with specific municipalities in Miscellaneous Resolution #02045; and WHEREAS Lyon Township would like to participate in the Fire Records Management System. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board of Commissioners to sign the attached Fire Records Management System Interlocal Agreement with Lyon Township. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE FIRE RECORDS MANAGEMENT AGREEMENT BETWEEN OAKLAND COUNTY AND LYON TWP FIRE DEPARTMENT This Agreement ("the Agreement") is made between Oakland County, a Constitutional and Municipal Corporation, 1200 North Telegraph, Pontiac, Michigan 48341 ("County"), and the Lyon Twp Fire department, 58800 Grand River Road, New Hudson, MI 48165, (“CVT”). In this Agreement the County and the CVT may also be referred to individually as "Party" or jointly as "Parties." PURPOSE OF AGREEMENT Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501 et seq., the County and the CVT enter into this Agreement for the purpose of providing the CVT with access and connectivity to the Fire Records Management System ("FRMS"). FRMS is intended to capture and create fire records from their inception at a 9-1-1 call and continuing the record to include the computer aided dispatch information resulting with a standard records management system. FRMS promotes communication and sharing of fire records among the entities that participate. The entities that participate in FRMS will enjoy the benefits of a single system, common standards, and costs shared through a cooperative relationship with the County. This Agreement is intended to delineate the relationship and responsibilities between the County and the CVTs regarding FRMS. In consideration of the mutual promises, obligations, representations, and assurances in this Agreement, the Parties agree to the following: 1. ENTITIES PERFORMING UNDER THIS AGREEMENT All County services and obligations set forth in this Agreement shall be provided through the County's Department of Information Technology. All CVT’s services and obligations set forth in this Agreement shall be performed by Lyon Twp Fire Department. The Fire Governance Committee will provide direction, counsel, and recommendations concerning the operation of FRMS. 2. DEFINITIONS The following words and expressions used throughout this Agreement, whether used in the singular or plural, within or without quotation marks, or possessive or nonpossessive, shall be defined, read, and interpreted as follows. 2.1 Agreement means the terms and conditions of this Agreement, the Exhibits attached hereto, and any other mutually agreed to written and executed modification, amendment, addendum, or change order. 2.2 Claim means any alleged loss, claim, complaint, demand for relief or damages, cause of action, proceeding, judgment, deficiency, liability, penalty, fine, litigation, costs, and/or expenses, including, but not limited to, reimbursement for reasonable attorney fees, witness fees, court costs, investigation expenses, litigation expenses, and amounts paid in settlement, which are imposed on, incurred by, or asserted against the County, its employees or agents, whether such Claim is brought in law or equity, tort, contract, or otherwise. 2.3 County means Oakland County, a Municipal and Constitutional Corporation including, but not limited to, all of its departments, divisions, the County Board of Commissioners, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, volunteers, and/or any such persons’ successors. 2.4 Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m. 2.5 Local System Administrator means a person employed by the CVT and designated by the head of the Lyon Twp Fire Department to perform duties related to FRMS and act as a liaison between the CVT and the County. 2.6 Fire Governance Committee (“FGC”) means a committee comprised of representatives from six fire departments, appointed by the Oakland County Fire Chiefs' Organization that shall Commissioners Minutes Continued. October 2, 2008 822 provide direction, counsel, and recommendations concerning the operation of the Fire Records Management System. 2.7 Fire Records Management System (“FRMS”) captures and creates fire records from their inception at a 9-1-1 call and continues the record to include the computer aided dispatch information resulting with a standard records management system. FRMS promotes communication and sharing of fire records among the entities that participate. 2.8 Oakland County MAN/WAN ("OAKNET") means the Metropolitan Area Network/Wide Area Network called OAKNET which is operated by the County. The OAKNET links the CVT and the County allowing each to input and access FRMS Data. OAKNET also provides the CVT with access to external state and federal justice agencies. 2.9 City, Village, Township (“CVT”) means the Lyon Twp Fire Department, a Municipal and Constitutional Corporation including, but not limited to, its Council, Board, any and all of its departments, its divisions, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, subcontractors, volunteers, and/or any such persons’ successors. 3. AGREEMENT EXHIBITS The Exhibits listed below and their properly promulgated amendments are incorporated and are part of this Agreement. 3.1 Exhibit A. Monthly fees for FRMS connectivity. [If applicable] 4. COUNTY RESPONSIBILITIES Subject to the terms and conditions contained in this Agreement, and applicable changes in law, the County shall carry out the following: 4.1 The County shall provide FRMS to the CVT and shall install one personal computer that contains licensed, pre-loaded application software, and shall install one printer at each participating CVT fire station. The County shall determine the type and the features of the personal computer and printer supplied to the CVT by the County. 4.2 The County shall use its best efforts to address failures of the FRMS 24 hours a day, 7 days a week; failures include problems with the FRMS server, software and network. 4.3 The County shall use its best efforts to address problems with the County provided personal computer and printer and to respond to problems concerning non-critical application software (not critical to the delivery of public safety services) by the next business day, after the County is contacted and made aware of such problems. The CVT can designate one of the County provided personal computers as a high availability record management workstation which shall have a software load installed and maintained by the County. The County and CVT shall mutually agree upon the location of such workstation. This designated high availability workstation has a direct connection into the County's Network and is maintained 24 hours a day, 7 days a week. 4.4 FRMS failures on workstations that are integrated into the CVT Local Area Network must be reported to the Local System Administrator and CVT technical support must make a good faith effort to diagnose such failures before the County is contacted. In the event the County’s assistance is needed, the CVT technical support must be available to assist the County to resolve such failure. 4.5 The County shall provide the means for the CVT to be connected to FRMS. The CVT shall pay for the FRMS connection according to Section 7, in addition to the annual participation fees in Section 7. 4.6 The CVT acknowledges that a third party through written contract will provide the FRMS connection and the technical support for such connection. The contract will be for a term of three years with an option to extend the contract for two 24 month terms. By signing a three- year contract, the County was able to significantly reduce the costs for FRMS connectivity and waive all installation fees surrounding FRMS connectivity. 4.7 The County shall provide training to the CVT and the Local System Administrator(s) concerning FRMS. 4.8 The County shall monitor and audit the CVT’s compliance with FRMS security requirements set forth by the FGC, when the requirements are promulgated by the FGC. The County may conduct on-site data audits and/or inspections at the CVT to monitor such compliance. The monitoring and auditing of FRMS and OAKNET shall be performed periodically at the discretion of the County, observing CVT policies regarding on-site visit coordination and scheduling. Commissioners Minutes Continued. October 2, 2008 823 4.9 If the County receives a Freedom of Information Act ("FOIA") request regarding information that the CVT entered into FRMS, the CVT will be contacted as soon as possible and the FOIA request will be sent to Oakland County Corporation Counsel. The CVT will be forwarded a copy of the FOIA request and the County’s response as soon as possible. The County may disseminate any data contained on FRMS to any third party, unless prohibited by law. 4.10 With respect to the performance of this Agreement, the County has the authority to prioritize its resources, including but not limited to, employees, agents, subcontractors, and equipment and determine when services will be provided. 5. CVT RESPONSIBILITIES. 5.1 The head of the CVT shall designate at least one person to act as the Local System Administrator for FRMS. The Local System Administrator will act as a liaison between the CVT and the County and will be the first point of contact for the CVT regarding FRMS. The Administrator's duties shall include, but not be limited to, the following: (1) identifying FRMS training needs; (2) scheduling FRMS training; (3) FRMS application training; (4) monitoring use of FRMS applications with respect to security issues; (5) act as a point of contact or facilitator for security audits conducted by the County; and (6) assist in the implementation of new programs. 5.2 The CVT shall participate in FRMS training when requested and provided by the County. The CVT shall pay for all costs associated with training not provided by the County. The Local System Administrator shall receive reasonable advanced notice of the FRMS training. 5.3 The CVT shall fully cooperate with the County concerning the County’s services under this Agreement. 5.4 The CVT may disseminate data that it entered into FRMS to any third party, unless prohibited by law. 5.5 The CVT is solely responsible for entering data into FRMS for its jurisdiction. 5.6 The CVT shall solely ensure that the data entered into FRMS is accurate and complete. Accurate and complete means that the data does not contain erroneous information, and/or that the CVT shall immediately correct erroneous information upon discovery of any error. To ensure accurate and complete data, the CVT shall conduct regular and systematic audits to minimize the possibility of recording and storing inaccurate or incomplete data. The CVT shall correct or purge inaccurate or incomplete data. 5.7 Except as provided in the Agreement, the CVT shall be solely responsible for the costs associated with the personal computer and printer operation, not supplied by the County, at its fire station(s), including but not limited to, personnel, equipment, power, and supplies. 5.8 The CVT shall provide the County access to its facilities for periodic inspection and service of FRMS, observing CVT policies regarding on-site visit coordination and scheduling. 5.9 After the initial installation of the equipment provided under this Agreement, the CVT shall be responsible for all costs associated with moving such equipment. The CVT shall be responsible for all costs associated with changing, modifying, or moving FRMS connectivity. This section shall not apply if the County requests that the CVT move equipment provided under this Agreement or requests that the CVT change, modify, or move FRMS connectivity. 6. FIRE GOVERNANCE COMMITTEE RESPONSIBILITIES 6.1 The FGC shall provide direction, counsel and recommendations concerning the operation of FRMS. 7. FINANCIAL RESPONSIBLITIES. 7.1 FRMS Annual Participation Fees In addition to any FRMS connectivity fees in section 7.2, the CVT shall pay annual participation fees and a one-time start-up fee ($3,500.00) to the County for participation in FRMS. In 2007 the annual fees are: (1) $3,966.00 annually which includes one fire station: and (2) $340.00 annually for each additional fire station. See attached list for annual fee structure. 7.2 Costs for FRMS Connectivity The CVT shall connect to FRMS by one of the three following methods: 7.2.1 If the CVT elects to provide its own connectivity to FRMS, then it shall incur no costs for such connectivity. The CVT shall still be responsible for the annual participation fees set forth in Section 7.1. Commissioners Minutes Continued. October 2, 2008 824 7.2.2 If the CVT elects to have the County provide the means to connect directly with OAKNET for FRMS connectivity, the CVT will not have to pay for FRMS connectivity. This option does not allow a CVT and/or its fire stations to connect back to any CVT application servers. 7.2.3 If the CVT elects to have the County provide the means to connect to its local area network before connecting with the OAKNET for FRMS connectivity, the CVT shall pay the County the following: 7.2.3.1 The CVT shall pay no monthly fee for FRMS connectivity within the first year after execution of this Agreement. 7.2.3.2 The CVT shall pay 25 percent of the monthly fee attributable to it for FRMS connectivity within the second year after execution of this Agreement. The monthly fees are set forth in Exhibit A. 7.2.3.3 The CVT shall pay 50 percent of the monthly fee attributable to it for FRMS connectivity within the third year after execution of this Agreement. The monthly fees are set forth in Exhibit A. 7.2.3.4 The CVT shall pay 75 percent of the monthly fee attributable to it for FRMS connectivity within the fourth year after execution of this Agreement. The monthly fees are set forth in Exhibit A. 7.2.3.5 The CVT shall pay the entire monthly fee attributable to it for FRMS connectivity within the fifth year after execution of this Agreement. The monthly fees are set forth in Exhibit A. 7.2.4 The CVT elects to connect to FRMS as set forth in 7.2.2. 7.3 The CVT may switch the method by which it connects to FRMS. If the CVT switches the method by which it connects to FRMS, it shall be responsible for any applicable termination fees contained in Section 10 and any applicable costs for FRMS connectivity in Section 7.2. 7.4 The County shall submit a quarterly invoice to the CVT in a manner proscribed by the County itemizing all amounts due under this Agreement. The CVT shall pay the invoice submitted to the County thirty (30) days after receipt of the invoice. 7.5 Except as provided in this Agreement, the County or CVT is not responsible for any cost, fee, fine or penalty incurred by the other party in connection with this Agreement. 7.6 CVT Failure to Pay 7.6.1 To the maximum extent provided by law, should the CVT fail, for any reason, to timely pay the County the amounts required under this Agreement, upon notice from the Oakland County Treasurer to the Treasurer of the State of Michigan (or any other State of Michigan official authorized to disburse funds to the CVT), the State of Michigan is authorized to withhold any funds due the CVT from the State, and assign those funds to partially or completely offset any deficiency by the CVT to the County. 7.6.2 To the maximum extent provided by law, should the CVT fail for any reason to timely pay the County the amounts required under this Agreement, the County Treasurer shall be entitled to set-off and retain any amounts due the CVT from Delinquent Tax Revolving Fund (“DTRF”) or any other source of funds due the CVT in the possession of the County, to partially or completely offset any deficiency by the CVT under this Agreement, unless expressly prohibited by law. 7.6.3 Neither of these provisions shall operate to limit in any way the County’s right to pursue any other legal remedies against the CVT for the reimbursement of amounts due the County under this Agreement. The remedies in this paragraph are available to the County on an ongoing and successive basis, as the CVT becomes delinquent in its payments. 8. DURATION OF INTERLOCAL AGREEMENT. 8.1 The Agreement and any amendments hereto shall be effective when executed by both Parties with concurrent resolutions passed by the governing bodies of each Party, and when the Agreement is filed according to MCL 124.510. The approval and terms of this Agreement and any amendments hereto shall be entered in the official minutes of the governing bodies of each Party. 8.2 This Agreement shall remain in effect until cancelled or terminated by either Party pursuant to Section 10. Commissioners Minutes Continued. October 2, 2008 825 9. ASSURANCES. 9.1 Each Party shall be responsible for its own acts and the acts of its employees, and agents, the costs associated with those acts, and the defense of those acts. 9.2 The County is not responsible for any Claims arising directly or indirectly from inaccurate or incomplete entry of information into FRMS by the CVT, its employees, or its agents. 9.3 The County is not responsible for any Claims arising directly or indirectly from misuse of FRMS by the CVT, its employees, or its agents. 9.4 Neither the County nor CVT shall be liable for any consequential, incidental, indirect, or special damages in connection with this Agreement. 10. TERMINATION OR CANCELLATION OF AGREEMENT 10.1 Either Party may terminate or cancel this Agreement for any reason upon thirty (30) days notice. The effective date for termination or cancellation shall be clearly stated in the notice. 10.2 Upon termination and/or cancellation of this Agreement, the CVT has the right to receive a copy data it entered into FRMS. 10.3 If the CVT connects to FRMS pursuant to 7.2.2 or 7.2.3 and if the CVT terminates and/or cancels this Agreement for any reason, except breach, within three years after execution of this Agreement, the CVT will be responsible for 70% of the monthly fees contained in Exhibit A for FRMS connectivity. The CVT shall not pay any such fees if this Agreement is terminated and/or cancelled three years after execution of this Agreement. 10.4 Except as provided in this Agreement, the Parties shall not be obligated to pay a cancellation or termination fee, if this Agreement is cancelled or terminated as provided herein. 11. SUSPENSION OF SERVICES Upon notice to the CVT and the FGC, the County may immediately suspend this Agreement or the CVT’s participation in FRMS, if the CVT has failed to reasonably comply, within the County’s discretion, with federal, state, or local law, or any requirements contained in this Agreement. Upon notice to the CVT and the FGC, the County may immediately disconnect any device that, within the County’s discretion, represents a possible security threat, performance impact, or inappropriate usage of the County network or its resources. The right to suspend services is in addition to the right to terminate or cancel this Agreement contained in Section 10. The County shall not incur penalty, expense, or liability if services are suspended under this Section. 12. NO THIRD PARTY BENEFICIARIES Except as provided for the benefit of the Parties, this Agreement does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to indemnification, right to subrogation, and/or any other right, in favor of any other person or entity. 13. COMPLIANCE WITH LAWS Each Party shall comply with all federal, state, and local statutes, ordinances, regulations, administrative rules, requirements applicable to its activities performed under this Agreement, and all applicable hardware and software licenses relating this Agreement. 14. DISCRIMINATION The Parties shall not discriminate against their employees, agents, applicants for employment, or another persons or entities with respect to hire, tenure, terms, conditions, and privileges of employment, or any matter directly or indirectly related to employment in violation of any federal, state or local law. 15. PERMITS AND LICENSES Each Party shall be responsible for obtaining and maintaining, throughout the term of this Agreement, all licenses, permits, certificates, and governmental authorizations necessary to perform all its obligations under this Agreement. Upon request, a Party shall furnish copies of any permit, license, certificate or governmental authorization to the requesting Party. 16. RESERVATION OF RIGHTS This Agreement does not, and is not intended to impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the Parties. 17. FORCE MAJEURE Each Party shall be excused from any obligations under this Agreement during the time and to the extent that a Party is prevented from performing due to causes beyond such Party’s control, including, but not limited to, an act of God, war, acts of government (other than the Parties'), fire, strike, labor disputes, civil disturbances, reduction of power source, or any other circumstances beyond the reasonable control of the affected Party. Reasonable notice shall be given to the affected Party of any such event. 18. IN-KIND SERVICES This Agreement does not authorize any in-kind services, unless previously agreed to by the Parties and specifically listed herein. Commissioners Minutes Continued. October 2, 2008 826 19. DELEGATION/SUBCONTRACT/ASSIGNMENT The CVT shall not delegate, subcontract, and/or assign any obligations or rights under this Agreement without the prior written consent of the County. 20. NO IMPLIED WAIVER Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any rights or remedies under this Agreement shall constitute a waiver of those rights with regard to any existing or subsequent breach of this Agreement. No waiver of any term, condition, or provision of this Agreement, whether by conduct or otherwise, in one or more instances, shall be deemed or construed as a continuing waiver of any term, condition, or provision of this Agreement. No waiver by either Party shall subsequently effect its right to require strict performance of this Agreement. 21. SEVERABILITY If a court of competent jurisdiction finds a term, or condition, of this Agreement to be illegal or invalid, then the term, or condition, shall be deemed severed from this Agreement. All other terms, conditions, and provisions of this Agreement shall remain in full force. 22. CAPTIONS The section and subsection numbers, captions, and any index to such sections and subsections contained in this Agreement are intended for the convenience of the reader and are not intended to have any substantive meaning. The numbers, captions, and indexes shall not be interpreted or be considered as part of this Agreement. Any use of the singular or plural number, any reference to the male, female, or neuter genders, and any possessive or nonpossessive use in this Agreement shall be deemed the appropriate plurality, gender or possession as the context requires. 23. NOTICES Notices given under this Agreement shall be in writing and shall be personally delivered, sent by express delivery service, certified mail, or first class U.S. mail postage prepaid, and addressed to the person listed below. Notice will be deemed given on the date when one of the following first occur: (1) the date of actual receipt; (2) the next business day when notice is sent express delivery service or personal delivery; or (3) three days after mailing first class or certified U.S. mail. 23.1 If Notice is set to the County, it shall be addressed and sent to: Oakland County Department of Information Technology, Manager of CLEMIS Division, 1200 North Telegraph Road, Building #49 West, Pontiac, Michigan, 48341 and Chairperson of the Oakland County Board of Commissioners, 1200 North Telegraph, Pontiac, Michigan 48341. 23.2 If Notice is sent to the CVT, it shall be addressed to: 23.3 Either Party may change the address and/or individual to which Notice is sent by notifying the other Party in writing of the change. 24. GOVERNING LAW/CONSENT TO JURISDICTION AND VENUE This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan. Except as otherwise required by law or court rule, any action brought to enforce, interpret, or decide any Claim arising under or related to this Agreement shall be brought in the 6th Judicial Circuit Court of the State of Michigan, the 50th District Court of the State of Michigan, or the United States District Court for the Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of the court. Except as otherwise required by law or court rule, venue is proper in the courts set forth above. 25. AGREEMENT MODIFICATIONS OR AMENDMENTS Any modifications, amendments, recessions, waivers, or releases to this Agreement must be in writing and agreed to by both Parties. Unless otherwise agreed, the modification, amendment, recession, waiver, or release shall be signed by the same persons who signed the Agreement or other persons as authorized by the Parties' governing body. 26. ENTIRE AGREEMENT This Agreement represents the entire Agreement and understanding between the Parties. This Agreement supercedes all other oral or written Agreements between the Parties. The language of this Agreement shall be construed as a whole according to its fair meaning, and not construed strictly for or against any Party. The Parties have taken all actions and secured all approvals necessary to authorize and complete this Agreement. The persons signing this Agreement on behalf of each Party have legal authority to sign this Agreement and bind the Parties to the terms and conditions contained herein. IN WITNESS WHEREOF, _____________ hereby acknowledges that he has been authorized by a resolution of the __________________, a certified copy of which is attached, to execute this Agreement on behalf of the CVT and hereby accepts and binds the CVT to the terms and conditions of this Agreement. EXECUTED: ______________________________ DATE: ______________ WITNESSED: ______________________________ DATE: ______________ Commissioners Minutes Continued. October 2, 2008 827 IN WITNESS WHEREOF, Bill Bullard, Jr., Chairperson, Oakland County Board of Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners, a certified copy of which is attached, to execute this Agreement on behalf of the Oakland County, and hereby accepts and binds the Oakland County to the terms and conditions of this Agreement. EXECUTED: _____________________________ DATE: ______________ Bill Bullard, Jr., Chairperson Oakland County Board of Commissioners WITNESSED: _____________________________ DATE:_______________ Ruth Johnson, Clerk, Register of Deeds County of Oakland FISCAL NOTE (MISC. #08192) BY: Finance Committee, Mike Rogers, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - INTERLOCAL AGREEMENT BETWEEN OAKLAND COUNTY AND LYON TOWNSHIP FOR THE FIRE RECORDS MANAGEMENT SYSTEM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: 1. The Fire Governance Committee (FGC) approved a participation fee increase for the local municipalities in their January 11, 2006 meeting. 2. Lyon Township (as a department that chose not to stay in the initial phase of the project) will be responsible for the following initial start-up fee and annual fees beginning January 1, 2009 (prorating 9 months access for Fiscal Year 2009) listed below: -$3,500 start-up fee -$4,085 annual department fee -$350 annual fire station fee ($350 for each fire station beyond the first) 3. The addition of Lyon Township will require the purchase of computer equipment at a cost of $2,416 and two additional software licenses and annual maintenance at a cost of $6,708. 4. Funding has been included in the Fiscal Year 2009 Fire Records Management Fund (#53100) for the computer equipment, the two additional software licenses and annual maintenance. 5. Funding is available in the General Fund Designated Fund Balance account to cover the software license and maintenance purchase. 6. An amendment to the Fiscal Year 2009 Adopted Budget is recommended as specified below: GENERAL FUND (#10100) FY 2009 Revenues 9090101-152130-665885 Planned Use of Fund Balance $ 6,708 Expenditures 9090101-152010-788001-63600 Transfer Out to FRMS $ 6,708 Total General Fund Exp $ -0- FIRE RECORDS MANAGEMENT FUND (#53100) Revenues 1080325-115100-695500-10100 Transfer In from Gen Fund $ 6,708 1080625-115100-631442 Outside Agencies 6,826 Total Revenues $13,534 Expenditures 1080325-115100-731773 Software Purchases $ 5,700 1080325-115100-731780 Software Maintenance 1,008 Total Expenditures $ 6,708 FRMS Fund – Estimate Change in Fund Equity $ 6,826 FINANCE COMMITTEE (The vote for this motion appears on page 843.) Commissioners Minutes Continued. October 2, 2008 828 *REPORT (MISC. #08193) BY: Personnel Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – EXTENSION OF ADDITIONAL COMPENSATION FOR OVERTIME EXEMPT EMPLOYEES FOR SPECIFIC PURPOSES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee having reviewed Miscellaneous Resolution #08193 on September 24, 2008 reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION #08193 BY: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - EXTENSION OF ADDITIONAL COMPENSATION FOR OVERTIME EXEMPT EMPLOYEES FOR SPECIFIC PURPOSES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS additional compensation for overtime exempt employees in the Information Technology Department at a straight-time hourly rate for all hours worked beyond 48 hours in a workweek for specific, pre-approved assignments has been annually authorized beginning with Miscellaneous Resolution #99155; and WHEREAS the Human Resources Department initially developed and proposed this approach in response to the occasional, identified need of the Information Technology Department to address a particular technical project or problem; and WHEREAS the Human Resources Department has assessed the value and cost of this program and found it provides the Director of Information Technology with an effective management tool which is cost and project-effective compared to other alternatives such as contracted staff; and WHEREAS updated usage statistics of Additional Compensation for Overtime Exempt Employees is provided to the Board of Commissioners in each Information Technology Master Plan Quarterly Status report; and WHEREAS Miscellaneous Resolution #07243 required that this additional compensation provision be subject to review and evaluation for continuation by the Board of Commissioners after one year. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes, for one year, Fiscal Year 2009, additional compensation for overtime exempt employees in the Information Technology Department (excluding Managers and the Director) at a straight-time hourly rate for all hours worked beyond 48 hours in a workweek (hours worked beyond 48 in a workweek must be pre-approved by supervision in order to be compensable) for specific pre-approved assignments. BE IT FURTHER RESOLVED that Information Technology will continue to report on the usage of additional compensation for overtime exempt employees in the Master Plan Quarterly Status document. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE FISCAL NOTE (MISC. #08193) BY: Finance Committee, Mike Rogers, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - EXTENSION OF ADDITIONAL COMPENSATION FOR OVERTIME EXEMPT EMPLOYEES FOR SPECIFIC PURPOSES 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. Per Miscellaneous Resolutions #07243, #06192, #05185, #04195, #03183, #02136, and #99155 the Department of Information Technology was authorized Additional Compensation for Overtime Exempt Employees to assist with specific pre-approved assignments and to provide a cost- effective alternative to adding temporary contractual staff. Commissioners Minutes Continued. October 2, 2008 829 2. The Additional Compensation was provided to employees as pre-approved by supervision who worked beyond a 48-hour workweek, at a straight time hourly rate. 3. This additional compensation provision is estimated at $10,000 for Fiscal Year 2009 and is based on previous usage for Fiscal Year 2002 – Fiscal Year 2008. 4. Funding is available in the Fiscal Year 2009 Adopted Budget for Information Technology Fund. No budget amendment is required. FINANCE COMMITTEE (The vote for this motion appears on page 843.) *REPORT (MISC. #08194) BY: Planning and Building Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY, CLEMIS DIVISION – REQUEST TO TERMINATE THE COMMUNICATION TOWER AGREEMENT WITH THE CITY OF ROCHESTER HILLS AND REQUEST FOR APPROVAL OF TRANSFER OF OWNERSHIP AND LICENSE AGREEMENT OF A COMMUNICATIONS TOWER AT 1000 ROCHESTER HILLS DRIVE, ROCHESTER HILLS, OAKLAND COUNTY, MICHIGAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the above-titled resolution on September 23, 2008, 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 #08194 BY: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY, CLEMIS DIVISION – REQUEST TO TERMINATE THE COMMUNICATION TOWER AGREEMENT WITH THE CITY OF ROCHESTER HILLS AND REQUEST FOR APPROVAL OF TRANSFER OF OWNERSHIP AND LICENSE AGREEMENT OF A COMMUNICATIONS TOWER AT 1000 ROCHESTER HILLS DRIVE, ROCHESTER HILLS, OAKLAND COUNTY, MICHIGAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution #92120, approved the Communications Tower Agreement with the City of Rochester Hills to locate a tower at 1000 Rochester Hills Drive, Rochester Hills, Michigan to be utilized for 800 MHz County-wide Communications System (“800 MHz radio system”); and WHEREAS the Oakland County Board of Commissioners, by Miscellaneous Resolution #98308, recognized that the County's current 800 MHz radio system needed to be upgraded and expanded to encompass all public safety agencies in Oakland County and to create interoperability among public safety agencies; and WHEREAS to properly implement and operate the new 800 MHz radio system, the County utilized existing, communication towers wherever possible and constructed additional new towers as needed at sites throughout the County; and WHEREAS the existing tower at 1000 Rochester Hills Drive, Rochester Hills, Michigan, which supports the current 800 MHz radio system, was determined to be technically and structurally insufficient for the requirements of the new 800 MHz radio system; and WHEREAS the City of Rochester Hills was extremely cooperative in expediting permits and processes to enable the construction of a new tower on the Home Depot property at Rochester and Avon Roads that does meet the technical and structural requirements of the new 800 MHz system; and WHEREAS the Communications Tower Agreement, Section 11, provides that Rochester Hills shall have the option to take over ownership, control and possession of, and responsibility for the tower, equipment building and related facilities located at 1000 Rochester Hills Drive, Rochester Hills, Michigan upon termination of such Agreement; and Commissioners Minutes Continued. October 2, 2008 830 WHEREAS although the new 800 MHz radio system is not operational, the Department of Information Technology recommends that the Communications Tower Agreement be terminated to allow Rochester Hills the ability to lease or license space on the tower to private utilities to generate revenue for Rochester Hills, conditioned on the fact that Rochester Hills license space on the tower back to the County, free of charge; and WHEREAS the Department of Information Technology would seek to terminate the Communications Tower Agreement and transfer ownership of the tower and equipment building to Rochester Hills at the time the new 800 MHz radio system is operational; and WHEREAS a license to utilize the communication tower at 1000 Rochester Hills Drive is necessary to support equipment for the current 800 MHz radio system until such time as the system ceases to exist, and may have potential value for a cell site to remediate coverage problems on the new 800 MHz system, if any; and WHEREAS the Department of Information Technology, the Department of Facilities Management and Corporation Counsel have reviewed the attached Transfer of Ownership and License Agreement; and WHEREAS it is the recommendation of the Department of Information Technology and the Department of Facilities Management that the Board of Commissioners accept and approve the terms and conditions of the attached Transfer of Ownership and License Agreement and execute such Agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners terminate the May 8, 1992 Communications Tower Agreement with the City of Rochester Hills. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves and authorizes the attached Transfer of Ownership and License Agreement between the County of Oakland and the City of Rochester Hills. BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners directs its Chairperson or his designee to execute the attached Transfer of Ownership and License Agreement and all other documents necessary to effectuate such Agreement. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Transfer of Ownership and License Agreement, Communications Tower Agreement, Miscellaneous Resolution #92120, Memo regarding Rochester Hills Tower Site Contract, and Miscellaneous Resolution #92110 on file in County Clerk’s office. FISCAL NOTE (MISC. #08194) BY: Finance Committee, Mike Rogers, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY, CLEMIS DIVISION – REQUEST TO TERMINATE THE COMMUNICATION TOWER AGREEMENT WITH THE CITY OF ROCHESTER HILLS AND REQUEST FOR APPROVAL OF TRANSFER OF OWNERSHIP AND LICENSE AGREEMENT OF A COMMUNICATIONS TOWER AT 1000 ROCHESTER HILLS DRIVE, ROCHESTER HILLS, OAKLAND COUNTY, MICHIGAN To the Oakland County Board of Commissioners Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The existing tower at 1000 Rochester Hills Drive, Rochester Hills, Michigan was determined to be insufficient to meet the requirements of the new radio system. 2. The Department of Information Technology is requesting to terminate the Communication Tower Agreement at 1000 Rochester Hills Drive with the City of Rochester Hills and thereby transferring ownership and license agreement to the City of Rochester Hills to allow them lease or license space to generate revenue, conditionally that Rochester Hills license space on the tower back to Oakland County free of charge. 3. The tower being fully depreciated has operational expenses which are primarily utility costs and are not significant to warrant a reduction in the Radio Communications budget due to the continuing increases in utility rates. 4. No budget amendment is recommended. FINANCE COMMITTEE Commissioners Minutes Continued. October 2, 2008 831 (The vote for this motion appears on page 843.) *MISCELLANEOUS RESOLUTION #08209 BY: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION - 2008/2009 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 $9,419,984; and WHEREAS this amount includes $880,892 in funding formerly included in the agreement with the Department of Environmental Quality; and WHEREAS funding for the other public health programs funded by the CPBC has decreased $620,245 (6.77%) from final amended levels in Fiscal Year 2008; and WHEREAS this agreement is for the period of October 1, 2008 through September 30, 2009; 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 2008/2009 Comprehensive Planning, Budgeting, and Contracting (CPBC) agreement for funding in the amount of $9,419,984 for the period of October 1, 2008 through September 30, 2009. 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 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 Copy of County of Oakland Department of Health and Human Services Health Division Fiscal Year 2008/2009 Comprehensive Planning, Budgeting, and Contracting Agreement Acceptance, Grant Review Sign Off – Health Division and Agreement between Michigan Department of Community Health and County of Oakland on file in County Clerk’s office. FISCAL NOTE (MISC. #08209) BY: Finance Committee, Mike Rogers, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION – 2008/2009 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 $9,419,984 for the period October 1, 2008, through September 30, 2009. 2. The Fiscal Year 2009 award reflects a decrease from the latest Fiscal Year 2008 award. Commissioners Minutes Continued. October 2, 2008 832 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 328,160 Cities Readiness Initiative 223,528 Childhood Lead 67,896 EPI Planner Workplace 10,000 CSHCS Outreach and Advocacy 187,500 Early Warning Infectious Dis. Surv. 4,640 Expanded HIV Test 240,000 Generation with Promise 15,000 Immunization Action Plan 492,119 Infant Mortality Coalition Support 109,520 Maternal and Infant Support 332,964 MDEQ Drinking Water 510,917 MDEQ On-Site Sewage 369,975 TB Control 17,152 BT Lab Program 100,854 Vaccine Replacement/Handling 99,561 WIC 1,858,600 Total Grants $5,466,286 Total Program $9,419,984 5. A budget amendment is recommended to Fiscal Year 2009 and Fiscal Year 2010 per the attached Schedule A, to reflect the Fiscal Year 2009 award. FINANCE COMMITTEE (The vote for this motion appears on page 843.) *MISCELLANEOUS RESOLUTION #08210 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 (EATON STEEL BAR COMPANY, INC. PROJECT) - CITY OF OAK PARK 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 (Eaton Steel Bar Company, Inc. 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. Commissioners Minutes Continued. October 2, 2008 833 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 Eaton Steel Bar Company, Inc., City of Oak Park, EDC No. 08-04, Aerial Map, and General Information on file in County Clerk’s office. (The vote for this motion appears on page 843.) *MISCELLANEOUS RESOLUTION #08211 BY: Planning and Building Committee, Sue Ann Douglas, Chairperson IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION CONFIRMING APPOINTMENT OF ADDITIONAL EDC DIRECTORS (EATON STEEL BAR COMPANY, INC. PROJECT) - CITY OF OAK PARK 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 (Eaton Steel Bar Company, Inc. 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 Row Srini and James Ghedotte, 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, and they 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 Eaton Steel Bar Company, Inc. Project (City of Oak Park) on file in County Clerk’s office. (The vote for this motion appears on page 843.) *REPORT (MISC. #08183) BY: Planning and Building Committee, Sue Ann Douglas, Chairperson IN RE: DRAIN COMMISSIONER – NAME CHANGE FROM THE OFFICE OF THE OAKLAND COUNTY DRAIN COMMISSIONER TO THE OFFICE OF THE OAKLAND COUNTY WATER RESOURCES COMMISSIONER To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the above-titled resolution on September 23, 2008, reports with a recommendation that the resolution be adopted. Commissioners Minutes Continued. October 2, 2008 834 Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE MISCELLANEOUS RESOLUTION #08183 BY: Commissioner David W. Potts, District #20 IN RE: DRAIN COMMISSIONER – NAME CHANGE FROM THE OFFICE OF THE OAKLAND COUNTY DRAIN COMMISSIONER TO THE OFFICE OF THE OAKLAND COUNTY WATER RESOURCES COMMISSIONER To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Michigan Public Act 342 of the Public Acts of 1939, the Oakland County Board of Commissioners has established a county public improvement agency designating the Oakland County Drain Commissioner as the county agent responsible for the design, construction, administration, operation and maintenance of water supply and sewage disposal systems; and WHEREAS pursuant to Michigan Public Act 185 of the Public Acts of 1957 and Miscellaneous Resolution #93075, the Oakland County Board of Commissioners designated the drain commissioner as the county agency responsible for the administration, operation and maintenance of multiple water supply and sewage disposal systems located in Oakland County; and WHEREAS pursuant to Miscellaneous Resolution #03162, the Oakland County Board of Commissioners designated the drain commissioner as Oakland County’s enforcing agent responsible for administering and enforcing Part 91 “Soil and Sedimentation Control” of the Michigan Natural Resources and Environmental Protection Act, Michigan Public Act 451 of the Public Acts of 1994, as amended (“Act 451”); and WHEREAS pursuant to Part 307 “Inland Lake Levels” of Act 451, the Oakland County Board of Commissioners has designated the drain commissioner as the county delegated authority for administration, operation and maintenance of court-determined lake levels within Oakland County; and WHEREAS pursuant to Miscellaneous Resolution #98334, the Oakland County Board of Commissioners designated and authorized the drain commissioner to apply for coverage under the State of Michigan Watershed-based Storm Water General Permit for all Oakland County departments; and WHEREAS Michigan Public Act 51 of the Public Acts of 2007 amended Act 40 of the Public Acts of 1956, as amended (“Drain Code”), provides that a drain commissioner who performs functions in addition to those functions under the drain code, such as operating sewers, maintaining lake levels, enforcing soil erosion and sedimentation control and facilitating compliance with federal Clean Water Act mandates, may, by resolution approved by a majority of the county board of commissioners and with the consent of the drain commissioner, change the name from the Office of the Drain Commissioner to the Office of the Water Resources Commissioner; and WHEREAS the Oakland County Drain Commissioner consents to and recommends to the Board of Commissioners to change the name from the Office of the Oakland County Drain Commissioner to the Office of the Oakland County Water Resources Commissioner. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby changes the name of the Office of the Oakland County Drain Commissioner, which shall henceforth be known as the Office of the Oakland County Water Resources Commissioner. BE IT FURTHER RESOLVED that this name change shall take effect on November 5, 2008. Chairperson, I move the adoption of the foregoing resolution. DAVID POTTS, BILL BULLARD, BRADFORD JACOBSEN, MICHAEL GINGELL, TOM MIDDLETON, JOHN SCOTT, EILEEN KOWALL, CHRISTINE LONG, MATTIE HATCHETT, TIM GREIMEL, SUE ANN DOUGLAS, ROBERT GOSSELIN, MIKE ROGERS, JIM NASH, KAREN SPECTOR, MARCIA GERSHENSON, DAVE WOODWARD, VINCENT GREGORY, ERIC COLEMAN, DAVID COULTER Commissioners Minutes Continued. October 2, 2008 835 FISCAL NOTE (MISC. #08183) BY: Finance Committee, Mike Rogers, Chairperson IN RE: DRAIN COMMISSIONER – NAME CHANGE FROM THE OFFICE OF THE OAKLAND COUNTY DRAIN COMMISSIONER TO THE OFFICE OF THE OAKLAND COUNTY WATER RESOURCES COMMISSIONER 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 proposes to change the name of the Office of the Oakland County Drain Commissioner to the Office of the Oakland County Water Resources Commissioner. 2. The Department performs functions under the drain code in addition to functions brought about by various miscellaneous resolutions that have diversified the services it provides to the public to include water supply, wastewater, storm water, lake level control, soil erosion, pollution control, public education and other areas of environmental quality. 3. The name change will become effective on November 5, 2008 and will more appropriately reflect the community based initiatives of the department. 4. The estimated cost for the name change is $31,825, with an estimated $5,915 being allocated to the General Fund and the remaining $25,910 being charged to the various systems maintained by the department. 5. The estimated cost includes $12,500 for logo redesign, $500 for stationery supply, $3,425 for vehicle identification decals and $15,400 for site identification signs. 6. The cost for the name change is available in the Fiscal Year 2009 Adopted Budget and will not require a budget amendment. FINANCE COMMITTEE (The vote for this motion appears on page 843.) *MISCELLANEOUS RESOLUTION #08198 BY: Planning and Building Committee, Sue Ann Douglas, Chairperson IN RE: THE OAKLAND COUNTY PARKS AND RECREATION COMMISSION AND THE DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST TO GRANT EASEMENT FOR UNDERGROUND ELECTRIC SERVICE TO THE DETROIT EDISON COMPANY – GLEN OAKS COUNTY PARK To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is the owner of Glen Oaks County Park located in the City of Farmington Hills; and WHEREAS the Detroit Edison Company is in the process of providing upgraded electrical service to the pump house facility at Glen Oaks County Park and has requested that the County of Oakland grant a 10- ft. wide easement for underground electric service; and WHEREAS the Oakland County Parks and Recreation staff and the Detroit Edison Company have agreed upon a route for the said underground electric service, which will provide electric service inclusive of a new transformer at Glen Oaks County Park; and WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the granting of the easement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes and approves the granting of the attached easement for underground electric service and related appurtenances to the Detroit Edison Company for the sum of one dollar. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or designee to execute the attached easement for underground electric service and related appurtenances. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Commissioners Minutes Continued. October 2, 2008 836 Copy of Map of Glen Oaks County Park and Grant of Non-Exclusive Underground Easement in Gross on file in County Clerk’s office. FISCAL NOTE (MISC. #08198) BY: Finance Committee, Mike Rogers, Chairperson IN RE: THE OAKLAND COUNTY PARKS AND RECREATION COMMISSION AND THE DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST TO GRANT EASEMENT FOR UNDERGROUND ELECTRIC SERVICE TO THE DETROIT EDISON COMPANY – GLEN OAKS COUNTY PARK 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 Detroit Edison Company is in the process of providing upgraded electrical service to the pump house facility at Glen Oaks County Park and has requested that Oakland County grant an easement for underground electric service. 2. The upgrade will provide electric service inclusive of a new transformer at Glen Oaks County Park. 3. The resolution authorizes and approves the granting of an easement for underground electric service and related appurtenances to the Detroit Edison Company for the sum of one (1) dollar. 4. No General Fund/General Purpose amendment is required. FINANCE COMMITTEE (The vote for this motion appears on page 843.) *MISCELLANEOUS RESOLUTION #08199 BY: Planning and Building Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - APPROVAL AND ACCEPTANCE OF LEASE AMENDMENT 1 WITH 2300 DIXIE HIGHWAY, LLC FOR USE OF PROPERTY AT 2300 DIXIE HIGHWAY, WATERFORD, MICHIGAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Department of Community Corrections is presently housed in leased office space at 2300 Dixie Hwy., Waterford, Michigan; and WHEREAS at the present time no adequate County owned facility exists, which would accommodate the office space requirements or daily functions of the Community Corrections Department; and WHEREAS the Department of Facilities Management and 2300 Dixie Highway, LLC have negotiated the terms and conditions of the attached Lease Amendment 1 Agreement, which will allow the Department of Community Corrections to continue to occupy the existing office space located at 2300 Dixie Highway for an additional two-year term with the option to extend the lease for up to three additional one year terms; and WHEREAS the term of the new lease shall commence on October 19, 2008, and expire on October 18, 2010. Rent for said term shall be at a rate of $17.90 per square foot or $14,545.24 monthly or $174,542.90 annually; and WHEREAS it is the recommendation of the Department of the Facilities Management that the Oakland County Board of Commissioners accepts and approves the terms and conditions of the attached Lease Amendment 1 Agreement; and WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached lease amendment agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached Lease Amendment 1 Agreement for use of office facilities at 2300 Dixie Highway, Waterford, Michigan between the County of Oakland and 2300 Dixie Highway, LLC. BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Lease Amendment 1 Agreement and all other related documents between the County of Oakland and 2300 Dixie Highway, LLC, which may be required. Commissioners Minutes Continued. October 2, 2008 837 Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Acceptance and Approval of Lease Amendment for Department of Community Corrections on file in County Clerk’s office. FISCAL NOTE (MISC. #08199) BY: Finance Committee, Mike Rogers, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – APPROVAL AND ACCEPTANCE OF LEASE AMENDMENT 1 WITH 2300 DIXIE HIGHWAY, LLC FOR USE OF PROPERTY AT 2300 DIXIE HIGHWAY, WATERFORD, MICHIGAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Community Corrections is presently housed in leased office space at 2300 Dixie Highway, Waterford, Michigan. 2. At the present time, no adequate County owned facility exists which would accommodate the office space requirements or daily functions of Community Corrections. 3. A new 2-year term with the option to extend the lease for up to three additional one year terms have been negotiated that would commence on October 19, 2008 and expire on October 18, 2010. 4. The rent is $17.90 per square foot or $14,545 monthly or $174,543 annually. 5. Sufficient funds have been budgeted for this agreement for Fiscal Year 2009 and Fiscal Year 2010. No budget amendment is required. FINANCE COMMITTEE (The vote for this motion appears on page 843.) *MISCELLANEOUS RESOLUTION #08212 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: CIRCUIT COURT/FRIEND OF THE COURT – FISCAL YEAR 2009 COOPERATIVE REIMBURSEMENT PROGRAM (CRP) CONTRACT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Department of Human Services, Office of Child Support has approved the Oakland County Friend of the Court’s Fiscal Year 2009 Title IV-D Cooperative Reimbursement Program (CRP) Contract, effective October 1, 2008 through September 30, 2009; and WHEREAS the Fiscal Year 2009 Title IV-D program totals $13,250,596 of which $140,200 will be funded by fees collected and $1,573,192 will be funded by Federal Incentive Payments. The remaining $11,537,204 will be funded by the State in the amount of $7,614,555 (66%) and Oakland County in the amount of $3,922,649 (34%); and WHEREAS the requested County match is budgeted in the General Fund Non-departmental budget. An additional General Fund appropriation is required to fund all expenditures not covered by the CRP contract Funds, Federal Incentive funds and Charges for Services. This amount is budgeted in the General Fund Non-departmental budget; and WHEREAS acceptance of this contract does not obligate the County to any future commitment; and WHEREAS the grant has been approved by the County Executive’s Grant Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Fiscal Year 2009 Cooperative Reimbursement Program Contract through September 30, 2009 for the Friend of the Court in the amount of $7,614,555. Also, the acceptance of this grant recognizes general fund grant match in the amount of $3,922,649. BE IT FURTHER RESOLVED that future levels of service, including personnel, are contingent upon the level of funding from the State for this program. Commissioners Minutes Continued. October 2, 2008 838 BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute this reimbursement agreement and to approve amendments and extensions up to fifteen (15%) percent variance from the award, consistent with the agreement as approved. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Grant Review Sign Off – Friend of the Court, Circuit Court/Friend of the Court General Fund Impact Analysis on file in County Clerk’s office. FISCAL NOTE (MISC. #08212) BY: Finance Committee, Mike Rogers, Chairperson IN RE: CIRCUIT COURT/FRIEND OF THE COURT – FISCAL YEAR 2009 COOPERATIVE REIMBURSEMENT PROGRAM (CRP) CONTRACT 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 Human Services, Office of Child Support has awarded the Fiscal Year 2009 Title IV Cooperative Reimbursement Program (CRP) Contract to the Oakland County Friend of the Court, for the period of October 1, 2008 through September 30, 2009. 2. The grant provides Title IV-D funding to continue the Friend of the Court/Cooperative Reimbursement Program in the amount of $13,250,596 of which $140,200 will be funded by fees collected and $1,573,192 will be funded by Federal Incentive Payments; the remaining $11,537,204 will be funded by the State in the amount of $7,614,555 (66%) and Oakland County grant match of $3,922,649 (34%). 3. The total Fiscal Year 2009 Friend of the Court fund (27100) expenditure budget is $16,654,853. This will be funded by the following sources: CRP Grant State funds of $7,614,555, Oakland County General Fund CRP Grant Match of $3,922,649, Federal Incentive Funds of $2,573,192, Charges for Services of $1,055,428, and Oakland County General Fund additional transfer to balance FOC fund of $1,489,029. 4. The total estimated Fiscal Year 2009 general fund obligation to the Friend of the Court Fund is $5,411,678 of which $3,922,649 is the CRP Grant Match and $1,489,029 is the General Fund additional transfer to balance the FOC fund. 5. The Fiscal Year 2009 Adopted budget estimated the CRP contract revenue to be $7,670,841. The grant awarded $7,614,555 in CRP revenue, resulting in a $56,286 variance. An amendment is recommended to the Fiscal Year 2009 Adopted budget. 6. A budget amendment is recommended to appropriate the grant match funds and the General Fund additional match to balance to the Circuit Court Family Division’s transfer out line item and to adjust the Fiscal Year 2009 Friend of the Court Budget to the CRP contract as follows: GENERAL FUND 10100 FY 2009 Expenditures 9090101-196030-730800 Non-Dept. – Grant Match ($5,411,678) 3010401-121100-788001-27100 Cir. Ct. – Oper. Trans Out $5,411,678 $ -0- FRIEND OF THE COURT FUND 27100 FY 2009 Revenue 3010404-126030-630434 CRP Contract ($ 56,286) 3010404-126030-695500-10100 Transfer In $ 56,286 $ -0- FINANCE COMMITTEE (The vote for this motion appears on page 843.) Commissioners Minutes Continued. October 2, 2008 839 *MISCELLANEOUS RESOLUTION #08213 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: PROSECUTING ATTORNEY – FISCAL YEAR 2009 COOPERATIVE REIMBURSEMENT PROGRAM (CRP) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Department of Human Services has awarded the Office of the Prosecuting Attorney funding in the amount of $2,430,000 for the period October 1, 2008 through September 30, 2009; and WHEREAS this is the 36th year of grant acceptance for this program; and WHEREAS the Federal contribution is $1,603,800 (66%) and the County contribution is $826,200 (34%). The State supplement has been eliminated; and WHEREAS the required County match of $826,200 has been included in the Fiscal Year 2009/Fiscal Year 2010 Adopted Budget; and WHEREAS this grant includes continued funding for 24 positions, as follows: one (1) Chief (#4010201- 2946), one Legal Secretary (#4010201-2932), one (1) Office Supervisor (#4010201-979), three (3) Assistant Prosecutors (#4010201-2052, #4010201-2492, #4010201-7046), three (3) Prosecutor Investigators (#4010201-1002, #4010201-1847, #4010201-9646), four (4) Support Specialists (#4010201- 916, #4010201-4690, #4010201-6388, #4010201-7379), and eleven (11) Office Assistants (#4010201- 361, #4010201-514, #4010201-2160, #4010201-2612, #4010201-3224, #4010201-3366, #4010201-4691, #4010201-4692, #4010201-5412, #4010201-7045, #4010201-7380); and WHEREAS acceptance of this contract does not obligate the County to any future commitment; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process and the Board of Commissioners Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the contract renewal for the Prosecuting Attorney’s Cooperative Reimbursement Program in the total amount of $2,430,000 for the period of October 1, 2008 through September 30, 2009. BE IT FURTHER RESOLVED that the future level of service, including personnel, will be contingent upon the level of grant funding available for this program. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the contract agreement and to approve amendments and extensions up to fifteen (15%) percent variance from the award, consistent with the original agreement as approved. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Communication regarding Grant Review: Prosecuting Attorney – Fiscal Year 2009 Cooperative Reimbursement Program – Grant Acceptance, Grant Review Sign Off – Prosecuting Attorney, Agreement between Michigan Department of Human Services and Oakland County, and Budget Summary Page on file in County Clerk’s office. FISCAL NOTE (MISC. #08213) BY: Finance Committee, Mike Rogers, Chairperson IN RE: PROSECUTING ATTORNEY – FISCAL YEAR 2009 COOPERATIVE REIMBURSEMENT PROGRAM (CRP) 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 Prosecuting Attorney is requesting the acceptance of the Fiscal Year 2009 Cooperative Reimbursement Program Grant for the period of October 1, 2008 through September 30, 2009. This is the 36th year of grant acceptance. 2. The grant award of $2,430,000 is 2.0% greater than the current award ($2,425,803). The Federal contribution is $1,603,800 (66%) and the County match is $826,200 (34%). The State supplement has been eliminated. Commissioners Minutes Continued. October 2, 2008 840 3. In addition to the County match requirements, the County is expected to incur $183,400 in administrative and support costs, which have been included in the Fiscal Year 2009 Adopted Budget. This grant allows for recovery of those costs. 4. The grant match amount of $826,200 is included in the Fiscal Year 2009 Adopted Budget Non- departmental grant match line item. 5. A budget amendment is requested to the Fiscal Year 2009 Adopted Budget as follows: Total FY 2009. FY 2009 FY 2009 Adopted Amendment Amended GENERAL FUND (#10100) Expenditures 9090101-196030-730800 Grant Match $6,748,257 ($826,200) $5,922,057 4010201-126070-788001-27315 Transfers Out 0 826,200 826,200 Total General Fund Expenditures $6,748,257 $ -0- $6,748,257 CRP GRANT FUND #27315 Revenues 4010201-126070-630434 CRP Contract $1,601,030 $ 2,770 $1,603,800 4010201-126070-625212 CRP State Suppl. 0 0 -0- 4010201-126070-695500-10100 Transfers In 824,773 1,427 826,200 Total Grant Revenue $2,425,803 $ 4,197 $2,430,000 Expenditures 4010201-126070-702010 Salaries $1,251,144 ($ 7,187) $1,243,957 4010201-126070-722740 Fringe Benefits 733,417 ( 1,598) 731,819 4010201-126070-730163 Blood Tests (Paternity) 3,000 -0- 3,000 4010201-126070-730303 Clothing Allowance 1,294 -0- 1,294 4010201-126070-730338 Computer Research Serv 10,000 -0- 10,000 4010201-126070-730688 Expert Witness Fees 402 -0- 402 4010201-126070-730695 Extradition Expense 25,000 -0- 25,000 4010201-126070-730772 Freight and Express 0 -0- -0- 4010201-126070-730926 Indirect Costs 154,534 28,866 183,400 4010201-126070-731213 Membership Dues 1,000 -0- 1,000 4010201-126070-731220 Microfilming & Reprod 0 -0- -0- 4010201-126070-731241 Miscellaneous 2,000 -0- 2,000 4010201-126070-731339 Periodicals Books Publ 200 -0- 200 4010201-126070-731346 Personal Mileage 1,700 -0- 1,700 4010201-126070-731388 Printing 2,500 -0- 2,500 4010201-126070-731458 Professional Services 13,000 ( 4,050) 8,950 4010201-126070-732018 Travel & Conference 6,000 -0- 6,000 4010201-126070-750154 Expendable Equipment 1,000 -0- 1,000 4010201-126070-750399 Office Supplies 7,000 -0- 7,000 4010201-126070-770631 Building Space Cost 79,551 -0- 79,551 4010201-126070-770667 Convenience Copier 7,100 -0- 7,100 4010201-126070-774636 IT Operations 19,872 -0- 19,872 4010201-126070-774667 Insurance Fund 8,970 -0- 8,970 4010201-126070-775667 Mail Room 30,316 -0- 30,316 4010201-126070-776661 Motor Pool 29,243 -0- 29,243 4010201-126070-777666 Print Shop 5,047 -0- 5,047 4010201-126070-777560 Radio Communications 3,578 -0- 3,578 4010201-126070-778675 Telephone Comm. 28,935 ( 11,833) 17,102 Total Grant Expenditures $2,425,803 $ 4,197 $2,430,000 FINANCE COMMITTEE (The vote for this motion appears on page 843.) Commissioners Minutes Continued. October 2, 2008 841 *MISCELLANEOUS RESOLUTION #08214 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: PROSECUTING ATTORNEY – FISCAL YEAR 2009 CRIME VICTIM RIGHTS GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan, Department of Community Health has awarded the Oakland County Office of the Prosecuting Attorney Victim Rights grant funding in the amount of $188,900 for the period of October 1, 2008 through September 30, 2009; and WHEREAS this is the seventeenth (17th) year of grant acceptance for this program; and WHEREAS the Fiscal Year 2009 award is the same as the Fiscal Year 2008 award amount and there is no grant match required; and WHEREAS the purpose of this grant is to expand and enhance local services available to crime victims regarding their safety, rights, dignity, and healthy recovery; and WHEREAS this grant includes continued funding of salaries, supplies and materials for three (3) Victim Advocate positions and one (1) Victim Rights Leader; and WHEREAS the grant budget references three (3) positions that are partially supported by this grant award; and WHEREAS the Victim’s Right Coordinator has requested that the grant’s budget summary be revised by the State to reflect the four (4) positions (#05783, 05784, 05785, and 07183), which are partially reimbursed by the grant; and WHEREAS this yearly grant is a fixed amount, while the salaries and fringe benefits for the four positions have increased annually, which diminishes the recovery of costs; and WHEREAS the grant award has been processed through the County Executive Contract Review Process and the Board of Commissioners’ Grant Application Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts grant funding from the State of Michigan, Department of Community Health in the amount of $188,900 for the period of October 1, 2008 through September 30, 2009. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant award and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original application as approved. BE IT FURTHER RESOLVED that continuation of this program, including the positions, is contingent upon continued grant funding. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Victim Rights Grant Summary Fiscal Year 2009, Grant Review Sign Off – Prosecuting Attorney, Grant Agreement between Michigan Department of Community Health and Oakland County Prosecutor’s Office, Michigan Department of Community Health Fiscal Year 2008/2009 Agreement Addendum A, Statement of Work, Program Budget Summary, Cost Detail Schedule, Performance/Progress Report Requirements, Final Expenditure Report, and Other Program Specific Requirements on file in County Clerk’s office. FISCAL NOTE (MISC. #08214) BY: Finance Committee, Mike Rogers, Chairperson IN RE: PROSECUTING ATTORNEY – FISCAL YEAR 2009 CRIME VICTIMS RIGHTS 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 named Miscellaneous Resolution and finds: 1. The Prosecuting Attorney is requesting the acceptance of the Fiscal Year 2009 Crime Victim Rights Grant. 2. The grant award of $188,900 for the period of October 1, 2008 through September 30, 2009 is the same as the Fiscal Year 2008 award. There is no County match required. Commissioners Minutes Continued. October 2, 2008 842 3. As with previous awards, this grant partially funds salaries, supplies and materials for three (3) Victim Advocate positions and one (1) Victim Rights Leader, which are included in the Fiscal Year 2009 Adopted Budget. 4. No budget amendment is recommended. FINANCE COMMITTEE (The vote for this motion appears on page 843.) *MISCELLANEOUS RESOLUTION #08215 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE, PROSECUTOR'S OFFICE, CIRCUIT COURT AND COMMUNITY CORRECTIONS – FISCAL YEAR 2008 BYRNE JUSTICE ASSISTANCE GRANT (JAG) ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the U.S. Department of Justice - Office of Justice Programs awarded Oakland County, along with the City of Pontiac and the City of Southfield, grant funding in the amount of $98,869; and WHEREAS Oakland County's share of this award is $17,823 and requires no local matching funds; and WHEREAS under an Intergovernmental Agreement with the City of Southfield authorized by Miscellaneous Resolution #07153, Oakland County will act as the fiduciary and lead agency for the entire award; and WHEREAS under an Intergovernmental Agreement with the City of Pontiac authorized by Miscellaneous Resolution #07153, Oakland County will act as the fiduciary and lead agency for the entire award; and WHEREAS Oakland County's projects under this award include the purchase of expendable electronic equipment for the Sheriff’s Office, Prosecutor’s Office, Circuit Court and Community Corrections; and WHEREAS the acceptance of this grant does not obligate the County to any future commitment; and WHEREAS the continuation of the program is contingent upon future levels of grant program funding. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the U.S. Department of Justice Grant Acceptance Agreement in the amount of $98,869, 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 Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Communication regarding Grant Review, Project Narrative, Project Budget, Grant Review Sign Off, Letter from the Director of the Bureau of Justice Assistance, Letter from the Director of the Department of Justice – Office for Civil Rights, Award Continuation Sheet, and Memo to Official Grant File on file in County Clerk’s office. FISCAL NOTE (MISC. #08215) BY: Finance Committee, Mike Rogers, Chairperson IN RE: SHERIFF’S OFFICE, PROSECUTOR’S OFFICE, CIRCUIT COURT AND COMMUNITY CORRECTIONS – FISCAL YEAR 2008 BYRNE JUSTICE ASSISTANCE GRANT (JAG) 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 United States Department of Justice has awarded Oakland County, the City of Southfield and the City of Pontiac grant funding in the amount of $98,869. 2. Oakland County’s share of the award is $17,823. The Sheriff’s Office will receive $10,023, Prosecutor’s Office $2,500, Circuit Court $3,300 and Community Corrections $2,000 for the purchase of electronic expendable equipment. 3. Oakland County will purchase and transfer ownership of the capital equipment estimated at $44,058 for the City of Pontiac and $36,988 for the City of Southfield, pursuant to the Interlocal Agreement approved by Miscellaneous Resolution #07153. 4. The grant funding period is October 1, 2007 through September 30, 2011. 5. No County match or positions are required. 6. An amendment to the Fiscal Year 2008 Budget is recommended as follows: Commissioners Minutes Continued. October 2, 2008 843 GRANT FUND #27375 FY 2008 Revenue 1020601-110030-610313-40420 M&B – Grants – Federal $ 44,058 1020601-112670-610313-40460 M&B – Grants – Federal $ 36,988 1070401-113140-610313 Comm. Correct. - Grants-Federal $ 2,000 4030301-112620-610313 Sheriff/Main Jail Hsg - Grants-Federal $ 10,023 3010101-121100-610313 Circuit Court - Grants-Federal $ 3,300 4010101-122050-610313 Prosecuting Attorney - Grants-Federal $ 2,500 Total Grant Fund Revenue $ 98,869 GRANT FUND #27375 Expenditures 1020601-110030-750170-40420 M&B/City of Pontiac - Equip $ 44,058 1020601-112670-750170-40460 M&B/City of Southfield – Equip $ 36,988 1070401-113140-750170 Comm. Correct. - Other Exp. Equip $ 2,000 4030301-112620-750170 Sheriff/Main Jail Hsg - Other Exp. Equip. $ 10,023 3010101-121100-750170 Circuit Court - Other Exp. Equip $ 3,300 4010101-122050-750170 Prosecuting Attorney - Other Exp. Equip $ 2,500 Total Grant Fund Expenditures $ 98,869 FINANCE COMMITTEE Vote on Consent Agenda: AYES: Burns, Coulter, Crawford, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, 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 Gosselin introduced Maria Carl and a group of home-schooled students from Macomb and Oakland Counties. REPORT (MISC. #08164) BY: Public Services Committee, Jeff Potter, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET – PURCHASING DIVISION – INMATE BILLING AND COLLECTIONS – AUTHORIZATION FOR SETTLEMENT AUTHORITY FOR PRIVATE VENDOR To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Public Services Committee having reviewed Miscellaneous Resolution #08164 on September 9, 2008 reports with the recommendation the resolution be amended and adopted as follows: The second NOW THEREFORE BE IT RESOLVED paragraph be changed to BE IT FURTHER RESOLVED. Chairperson, on behalf of the Public Services Committee, I move the acceptance of the foregoing report. PUBLIC SERVICES COMMITTEE REPORT (MISC. #08164) BY: Personnel Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET – PURCHASING DIVISION – INMATE BILLING AND COLLECTIONS – AUTHORIZATION FOR SETTLEMENT AUTHORITY FOR PRIVATE VENDOR To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee having reviewed Miscellaneous Resolution #08164 on September 24, 2008 reports with the recommendation the resolution be adopted. Commissioners Minutes Continued. October 2, 2008 844 Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION #08164 BY: Finance Committee, Mike Rogers, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET – PURCHASING DIVISION - INMATE BILLING AND COLLECTIONS - AUTHORIZATION FOR SETTLEMENT AUTHORITY FOR PRIVATE VENDOR To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS by Miscellaneous Resolution #94329, enacted pursuant to 1984 P.A. 118, being MCL 801.81 et. seq, the Oakland County Board of Commissioners authorized the maximum charge of $60.00 per day for sentenced inmates housed in the Oakland County Jail and in accordance with the General Appropriations Act authorized the Reimbursement Unit of the Department of Management and Budget to collect these charges; and WHEREAS in Miscellaneous Resolution #07276 the Oakland County Board of Commissioners endorsed and supported the efforts of the County Executive to evaluate alternative cost-effective methods of delivering County Services; and WHEREAS such alternative service delivery methods typically include leveraging the expertise of the private sector which can often specialize in a given service area and thereby bring to the table economies of scale and efficiencies that the public sector cannot easily achieve; and WHEREAS Miscellaneous Resolution #08097 reorganized the Reimbursement Division and merged it into the Fiscal Services Division and eliminated and reclassified several positions in anticipation of the possibility of handling Inmate Billing and Collections through the private sector; and WHEREAS through the Oakland County Purchasing Division a Request for Proposal (RFP) was sent out on behalf of the Sheriff’s Office and Reimbursement Unit to obtain sealed bid proposals for Inmate Billing and Collection Professional Services; and WHEREAS proposals were received, evaluated and a prospective Vendor (RDK Collection Services, Inc., “RDK”) was selected and a Professional Services Contract (PSC) is currently being negotiated; and WHEREAS the PSC provides that the Vendor immediately assume all aspects of the operation and management of the Inmate Billing and Collection processes, including all legal compliance, regulatory, and personnel necessary to perform any and all Inmate Billing and Collection responsibilities; and WHEREAS this proposal provides that the Vendor will receive no additional payments from the County for any Vendor services, but shall only receive a percentage of the moneys the Vendor deposits into County held accounts as payment in full for all RDK collection efforts; and WHEREAS the County Executive and the Sheriff believe the RDK proposal is most advantageous to Oakland County and its taxpayers; and WHEREAS within the anticipated scope of work, it will be necessary for the Vendor to be able to settle certain Inmate Claims for lesser amounts than the calculated Inmate “ability to pay” amount; and WHEREAS the Department of Management and Budget, and the Sheriff’s Office concur and recommend the following settlement authority for the prospective Vendor: Pre-Contract (historical) Accounts: 0-2 years old, as calculated from the date the Inmate is released, shall be 80% of original calculated Inmate “ability to pay” amount; and 2-4 years old, as calculated from the date the Inmate is released, shall be 70% of original calculated Inmate “ability to pay” amount; and Over 4 years old, as calculated from the date the Inmate is released, shall be 50% of original calculated Inmate “ability to pay” amount; and Post Contract (day-forward) Accounts: 0-2 years old, as calculated from the date the Inmate is released, shall be 90% of original calculated Inmate “ability to pay” amount; and 2-4 years old, as calculated from the date the Inmate is released, shall be 70% of original calculated Inmate “ability to pay” amount; and Over 4 years old, as calculated from the date the Inmate is released, shall be 50% of original calculated Inmate “ability to pay” amount; and Commissioners Minutes Continued. October 2, 2008 845 WHEREAS the Vendor’s proposal obligates RDK to immediately assume all aspects of the Inmate Billing and Collection processes, to be fully responsible for compliance with state and federal statutory and regulatory codes, cost reports, contracts, insurances, employment, training, and any and all other aspects of Inmate Billing and Collection processes for a term of up to three years. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the County Executive to negotiate and execute a Professional Services Contract with RDK that requires RDK to be fully responsible for day-to-day operation, compliance with state and federal statutory and regulatory codes, contracts, insurances, employment, collection activities, training, and retention of all staff necessary to perform all Inmate Billing and Collection services. BE IT FURTHER RESOLVED that the Vendor shall be authorized to settle claimed amounts due and owing from Inmates according to the following schedule: Pre-Contract (historical) Accounts: 0-2 years old, as calculated from the date the Inmate is released, shall be 80% of original calculated Inmate “ability to pay” amount; and 2-4 years old, as calculated from the date the Inmate is released, shall be 70% of original calculated Inmate “ability to pay” amount; and Over 4 years old, as calculated from the date the Inmate is released, shall be 50% of original calculated Inmate “ability to pay” amount; and Post Contract (day-forward) Accounts: 0-2 years old, as calculated from the date the Inmate is released, shall be 90% of original calculated Inmate “ability to pay” amount; and 2-4 years old, as calculated from the date the Inmate is released, shall be 70% of original calculated Inmate “ability to pay” amount; and Over 4 years old, as calculated from the date the Inmate is released, shall be 50% of original calculated Inmate “ability to pay” amount. NOW THEREFORE BE IT RESOLVED that pursuant to Board of Commissioner Rules this resolution be referred to both the Personnel and Public Services Committees. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE Moved by Rogers supported by Greimel the resolution (with fiscal note attached) be adopted. Moved by Rogers supported by Greimel the Public Services Committee Report and the Personnel Committee Report be accepted. A sufficient majority having voted in favor, the reports were accepted. Moved by Rogers supported by Greimel the resolution be amended to coincide with the recommendation in the Public Services Committee Report and the Personnel Committee Report. A sufficient majority having voted in favor, the amendment carried. Vote on resolution, as amended: AYES: Coulter, Crawford, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack, Bullard, Burns. (22) NAYS: (0) A sufficient majority having voted in favor, the resolution (with fiscal note attached), as amended, was adopted. Commissioners Minutes Continued. October 2, 2008 846 MISCELLANEOUS RESOLUTION #08216 By: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF PARKS AND RECREATION – APPROVAL AND ACCEPTANCE OF INTERLOCAL AGREEMENT BETWEEN COUNTY OF OAKLAND AND THE CITY OF WIXOM FOR CONSTRUCTION AND MAINTENANCE OF A BRIDGE AT LYON OAKS COUNTY PARK To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is the owner of the Lyon Oaks County Park located at 52251 Pontiac Trail, Wixom, Michigan; and WHEREAS the Oakland County Parks and Recreation Commission wishes to construct a replacement bridge in Lyon Oaks County Park over the Norton Drain; such bridge shall provide access to an existing sanitary maintenance easement and shall provide access to public trails; and WHEREAS the City of Wixom wishes to maintain access to an existing sanitary maintenance easement via the bridge; and WHEREAS the Oakland County Parks and Recreation Commission proposes to construct the bridge in- house using park staff and equipment; and WHEREAS the parties shall evenly split the entire cost of the project, assisting the Oakland County Parks and Recreation Commission in its strategic master plan goal to increase both revenue sources and partnerships with local government agencies; and WHEREAS the Departments of Facilities and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached Interlocal Agreement and recommend its approval; and WHEREAS the Oakland County Parks and Recreation Commission, at its September 3, 2008 meeting, adopted a resolution in support of the approval and acceptance of the terms of the Interlocal Agreement and all other related documents between the County of Oakland and the City of Wixom. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached Interlocal Agreement between the County of Oakland and the City of Wixom. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs it’s Chairperson or his designee to execute the attached Interlocal Agreement and all other related documents between the County of Oakland and the City of Wixom, which may be required. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Interlocal Agreement between Oakland County and City of Wixom and Plan for Lyon Oaks Bridge Construction on file in County Clerk’s office. The Chairperson referred the resolution to the Planning and Building Committee and the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #08217 By: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF PARKS AND RECREATION – APPROVAL AND ACCEPTANCE OF LICENSE AGREEMENT WITH VERIZON WIRELESS, LLC FOR INSTALLATION AND OPERATION OF ANTENNAE AT SPRINGFIELD OAKS COUNTY PARK To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is the owner of the Springfield Oaks County Park located at 12451 Andersonville Road, Davisburg, Michigan; and WHEREAS Verizon Wireless LLC has requested license space from the County on the water tower at Springfield Oaks for the installation and operation of antennae for use in connection with its communication business; and WHEREAS the Oakland County Parks and Recreation Commission has negotiated the terms and conditions of a License Agreement with Verizon Wireless LLC for said antennae; and WHEREAS pursuant to the terms and conditions of said License Agreement, the County grants Verizon Wireless LLC a revocable, non-proprietary, non-exclusive license to access and place Commissioners Minutes Continued. October 2, 2008 847 telecommunications equipment on the water tower and place an equipment shelter at Springfield Oaks County Park for an initial term of five years with the option for three renewable five-year terms. Verizon Wireless LLC shall pay the County an annual license fee of $27,000; the License Fee, throughout the Term and all Renewal Terms, will be increased annually by 3% on the anniversary of the Commencement Date; and WHEREAS the Departments of Facilities and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached License Agreement and recommend its approval; and WHEREAS the Oakland County Parks and Recreation Commission, at its August 13, 2008 meeting, adopted a resolution in support of the approval and acceptance of the terms of the License Agreement and all other related documents between the County of Oakland and Verizon Wireless LLC. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached License Agreement between the County of Oakland and Verizon Wireless LLC. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached License Agreement and all other related documents between the County of Oakland and Verizon Wireless, LLC, which may be required. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Telecommunications License Agreement and Plans on file in County Clerk’s office. The Chairperson referred the resolution to the Planning and Building Committee and the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #08218 BY: Personnel Committee, Thomas F. Middleton, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT - SALARY ADMINISTRATION PLAN 3RD QUARTERLY REPORT FOR FISCAL YEAR 2008 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Salary Administration Plan approved by the Board of Commissioners for Salary Grades 1 - 21 provides a process for departments and employees to request a review of the salary grade placement of classifications; and WHEREAS the 3rd Quarterly Report for Fiscal Year 2008 identifies the job studies conducted and the salary grade changes recommended by the Human Resources Department after completion of this review process; and WHEREAS funding is available in the Classification and Rate Change fund to implement GF/GP salary grade changes resulting from this Salary Administration Quarterly Report recommendations; and WHEREAS funding is available through Federal Workforce Development grants to implement salary grade changes resulting from recommended Proprietary salary grade changes. NOW THEREFORE BE IT RESOLVED that the Oakland Board of Commissioners authorizes implementation of the Salary Administration Plan 3rd Quarterly Report for Fiscal Year 2008, which includes the following classification changes: Salary Grade Classification From To Position Number Manager – Workforce Development 20 21 1090701-01119 Supervisor – Forensic Laboratory 15 17 4030910-02480 Forensic Artist 8 11 4030910-06410 Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. Commissioners Minutes Continued. October 2, 2008 848 REPORT (MISC. #08124) BY: Planning and Building Committee, Sue Ann Douglas, Chairperson IN RE: BOARD OF COMMISSIONERS – CREATION OF GREENHOUSE GAS REDUCTION TASK FORCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the above-titled resolution on September 23, 2008, reports with a recommendation that the resolution be amended, beginning with the NOW THEREFORE BE IT RESOLVED paragraph, as follows: NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners hereby establishes a task force study group on Greenhouse Gas Reduction, consisting of representatives from government, business, education and environmental community; and . BE IT FURTHER RESOLVED that the “Oakland County Greenhouse Gas Reduction Task Force Study Group” shall consist of at least be led by the following: • A county commissioner from the Majority Caucus to serve as Co-Chair • A county commissioner from the Minority Caucus to serve as Co-Chair BE IT FURTHER RESOLVED that the two Co-Chairs will agree on the following additional Task Force members: • 3 shall solicit input from county administration, local elected officials among Oakland County CVTs • 3 representatives from environmental organizations • 3 representatives from the business community • 3 representatives from the and education community BE IT FURTHER RESOLVED that the two Co-Chairs in agreement may add Task Force members as needed to execute task the Oakland County Greenhouse Gas Reduction Study Group shall at a minimum do the following: • Create an inventory of our county government (operational) greenhouse gas (GHG) emissions • Determine a target goal and date to reduce GHG emissions • Develop policies, strategies and programs to achieve significant, measurable and sustainable reduction of county governmental GHG emissions • Identify and develop possible partnership opportunities with other Oakland County CVTs and private sector to further reduce regional GHG emissions BE IT FURTHER RESOLVED that this task force study group shall develop an action plan and strategies for greenhouse gas reduction, and present to the Oakland County Board of Commissioners with Planning and Building Committee for further consideration, a goal for GHG reductions and recommendations for implementing a comprehensive strategy for greenhouse gas reduction in Oakland County; and BE IT FURTHER RESOLVED that with staff support, the Oakland County Greenhouse Gas Reduction Task Force Study Group shall present a written report summarizing its conclusions and recommendations by December 31, 2008. BE IT FURTHER RESOLVED that the Oakland County Greenhouse Gas Reduction Task Force Study Group shall cease to exist after December 31, 2008. Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE MISCELLANEOUS RESOLUTION #08124 BY: Commissioner David Woodward, District #18 IN RE: BOARD OF COMMISSIONERS – CREATION OF GREENHOUSE GAS REDUCTION TASK FORCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS there is increasing scientific evidence that greenhouse gases released into the atmosphere are currently influencing climate change and will continue to have profound and potentially devastating Commissioners Minutes Continued. October 2, 2008 849 local effects, including the increased risk of extreme weather events, increased flood severity, changes in rainfall and crop productivity patterns, and increased risk of drought; and WHEREAS reducing the magnitude of climate change may reduce its harmful effects on public health and safety by decreasing the impacts of severe weather and reducing harmful emissions; and WHEREAS technologies to reduce greenhouse gases will also contribute to economic vitality of the county through the development and use of clean technologies and the creation of “Green-Collar” jobs; and WHEREAS the Oakland County Board of Commissioners believes that responses to problems like global warming cannot rely solely upon sweeping national initiatives, but that by taking a leadership role in increasing energy efficiency and reducing greenhouse gas emissions within our own community we may contribute to a larger collective transformation. NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners hereby establish a task force on Greenhouse Gas Reduction, consisting of representatives from government, business, education and environmental community. BE IT FURTHER RESOLVED that the “Oakland County Greenhouse Gas Reduction Task Force” shall consist of at least the following: • A county commissioner from the Majority Caucus to serve as Co-Chair • A county commissioner from the Minority Caucus to serve as Co-Chair BE IT FURTHER RESOLVED that the two Co-Chairs will agree on the following additional Task Force members: • 3 local elected officials among Oakland County’s CVTs • 3 representatives from environmental organizations • 3 representatives from the business community • 3 representatives from the education community BE IT FURTHER RESOLVED that the two Co-Chairs in agreement may add Task Force members as needed to execute task. BE IT FURTHER RESOLVED that this task force develop an action plan and strategies for greenhouse gas reduction, and present to the Oakland County Commissioners with recommendations for implementing a comprehensive strategy for greenhouse gas reduction in Oakland County. BE IT FURTHER RESOLVED that with staff support, the Oakland County Greenhouse Gas Reduction Task Force shall present a written report summarizing its conclusions and recommendations by December 31, 2008. BE IT FURTHER RESOLVED that the Oakland County Greenhouse Gas Reduction Task Force shall cease to exist after December 31, 2008. Chairperson, we move adoption of the foregoing resolution. DAVID WOODWARD, HELAINE ZACK, DAVID COULTER, JIM NASH, KAREN SPECTOR, MARCIA GERSHENSON, TIM GREIMEL, MATTIE HATCHETT Moved by Potts supported by Woodward the resolution be adopted. Moved by Potts supported by Woodward the Planning and Building Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Potts supported by Woodward the resolution be amended to coincide with the recommendation in the Planning and Building Committee Report. A sufficient majority having voted in favor, the amendment carried. Discussion followed. Commissioners Minutes Continued. October 2, 2008 850 Vote on resolution, as amended: AYES: Crawford, Gershenson, Gingell, Gregory, Greimel, Hatchett, Jacobsen, Long, Middleton, Nash, Potter, Potts, Rogers, Spector, Woodward, Zack, Bullard, Burns, Coulter. (19) NAYS: Gosselin, Kowall, Scott. (3) A sufficient majority having voted in favor, the resolution was adopted. REPORT (MISC. #08219) BY: Personnel Committee, Thomas F. Middleton, Chairperson IN RE: PROSECUTING ATTORNEY – FISCAL YEAR 2009 DISTRICT COURT ADVOCACY PROGRAM – VICTIMS OF CRIME ACT (VOCA) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee having reviewed the above referenced resolution on September 24, 2008 reports with the recommendation the resolution be amended as follows: Strike the first BE IT FURTHER RESOLVED paragraph and substituting: BE IT FURTHER RESOLVED that one (1) SR grant funded Victim Advocate position (#4010101- 09398) be reduced from 2,080 full-time eligible hours to 399 part-time non-eligible hours effective with the acceptance of the award. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION #08219 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: PROSECUTING ATTORNEY – FISCAL YEAR 2009 DISTRICT COURT ADVOCACY PROGRAM - VICTIMS OF CRIME ACT (VOCA) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan, Department of Community Health has awarded to the Oakland County Office of the Prosecuting Attorney Victims of Crime Act (VOCA) grant funding for the period of October 1, 2008 through September 30, 2009; and WHEREAS this is the ninth (9th) year of grant acceptance for this program; and WHEREAS the purpose of this grant is to expand and enhance local services available to crime victims regarding their safety, rights, dignity, and healthy recovery; and WHEREAS the Fiscal Year 2009 application amount of $141,296 resulted in an award of $89,915; and WHEREAS the State contribution is $71,932 (80%), the County contribution is $17,983 (20%) in the form of $9,883 cash match, and $8,100 in-kind commitment; and WHEREAS the Fiscal Year 2009 award amount is a significant reduction from the Fiscal Year 2008 amount of $142,485, and reduces the hours of one (1) Special Revenue (SR) grant funded Victim Advocate position (#4010101-09398) but allows continuation of SR grant funded Victim Advocate position (#4010101-09647) and part-time volunteers; and WHEREAS the grant award has been processed through the County Executive Contract Review Process and the Board of Commissioners Grant Application Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts grant funding from the State of Michigan, Department of Community Health in the amount of $71,932 and County contribution of $9,883 for the period of October 1, 2008 through September 30, 2009. BE IT FURTHER RESOLVED that one (1) SR grant funded Victim Advocate position (#4010101-09398) be reduced from 2,080 to 399 hours effective with the acceptance of the award. BE IT FURTHER RESOLVED that one (1) FTE SR grant funded Victim Advocate position (#4010101- 09647) be continued. BE IT FURTHER RESOLVED that continuation of this program is contingent upon continued grant funding. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant award and to approve any grant extensions or changes, within fifteen percent (15%) of the original award. Commissioners Minutes Continued. October 2, 2008 851 Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Grant Review Sign Off – Prosecuting Attorney, Grant Agreement between Michigan Department of Community Health and Oakland County, Fiscal Year 2008/2009 Agreement Addendum A, Statement of Work, Budget Detail, Performance and Progress Report Requirements, Fiscal Year Expenditure and Program Report, and Victim Assistance Grant Assurances on file in County Clerk’s office. FISCAL NOTE (MISC. 08219) BY: Finance Committee, Mike Rogers, Chairperson IN RE: PROSECUTING ATTORNEY – FISCAL YEAR 2009 DISTRICT COURT ADVOCACY PROGRAM - VICTIMS OF CRIME ACT (VOCA) 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 Prosecuting Attorney is requesting the acceptance of the Fiscal Year 2009 Victims of Crime Act (VOCA) Grant. 2. The Fiscal Year 2009 award amount is $89,915, which is $52,570 lower than the Fiscal Year 2008 award. 3. The State contribution is $71,932 (80%) and the County contribution is $17,983 (20%). The County contribution includes voluntary part-time Victim Advocate intern positions of $8,100 and cash match of $9,883 which is included in the Fiscal Year 2009 Adopted Budget. 4. In addition to the County match requirements, the County is expected to incur $5,235 in administrative and support costs, which have been included in the Fiscal Year 2009 Adopted Budget. This grant does not allow for recovery of those costs. 5. Resolution continues to fund one (1) FTE Victim Advocate position #09647, but reduces one (1) Victim Advocate position #09398 from FTE to PTNE (399 hours). 6. If continuation funding is not secured, this position will be deleted in Fiscal Year 2010. 7. In addition, one (1) volunteer Victim Advocate is covered by Local Match/in-kind matching funds of $8,100. 8. The cash grant match amount of $9,883 is included in the Fiscal Year 2009 Adopted Budget Non- departmental grant match line item. 9. A budget amendment is requested to the Fiscal Year 2009 Adopted Budget as follows: Total FY 2009 FY 2009 FY 2009 GENERAL FUND #10100 Adopted Amendment Amended Expenditures 9090101-196030-730800 Grant Match $5,922,057 ($ 9,883) $5,912,176 4010101-135170-788001-27325 Trans Out 0 9,883 9,883 Total General Fund Expenditures $5,922,057 $ -0- $5,922,057 VOCA GRANT FUND #27325 (Grant # GR0000000283) Revenues 4010201-135170-610313 Grants Federal $ 113,988 ($42,056) $ 71,932 4010201-135170-695500-10100 Transfer In 28,497 ( 18,614) 9,883 Total Grant Revenue $ 142,485 $60,670 $ 81,815 Expenditures 4010201-135170-702010 Salary $ 89,761 ($40,956) $ 48,805 4010201-135170-722740 Fringe Benefits 47,122 ( 20,770) 26,352 4010201-135170-731346 Personal Mileage 2,910 ( 2,910) 0 4010201-135170-732018 Travel & Confer 2,500 3,030 5,530 4010201-135170-777560 Radio Comm 192 936 1,128 Total Grant Expenditures $ 142,485 ($60,670) $ 81,815 FINANCE COMMITTEE Moved by Potter supported by Gregory the resolution (with fiscal note attached) be adopted. Commissioners Minutes Continued. October 2, 2008 852 Moved by Potter supported by Gregory the Personnel Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Potter supported by Gregory the resolution be amended to coincide with the recommendation in the Personnel Committee Report. A sufficient majority having voted in favor, the amendment carried. Vote on resolution, as amended: AYES: Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack, Bullard, Burns, Coulter, Crawford. (22) NAYS: None. (0) A sufficient majority having voted in favor, the resolution, as amended, was adopted. MISCELLANEOUS RESOLUTION #08180 BY: Public Services Committee, Jeff Potter Chairperson IN RE: CRIMINAL JUSTICE COORDINATING COUNCIL – EXTEND PILOT TETHERING PROGRAM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in 2006 the Oakland County Board of Commissioners created the Criminal Justice Coordinating Council (CJCC) to plan, develop and implement innovative programs to alleviate jail overcrowding; and WHEREAS tethering defendants prior to release from jail has proven to be an effective tool for monitoring their whereabouts and enforcing the conditions of release; and WHEREAS the Criminal Justice Coordinating Council recommended a six month pilot program to study the impact that subsidized or reduced cost monitoring would have on jail overcrowding; and WHEREAS the Pilot Tethering Program was initiated pursuant to Miscellaneous Resolution #07226, in April 2008, and is successfully averaging 20 inmates per month, which positively impacts the availability of jail space for more serious offenders; and WHEREAS the cost per day to house an inmate at Oakland County Jail is in excess of $96 per day and It is more cost effective to subsidize defendants participation in tethering or other monitoring programs in lieu of jail; and WHEREAS the Criminal Justice Coordinating Council is recommending a one (1) year extension of the Pilot Tethering Program, Fiscal Year 2008 – Fiscal Year 2009. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes a one (1) year extension of the pilot program in the 6th Circuit Court, and District Courts interested in participating, for inmates who meet eligibility criteria developed by the Oakland County Sheriff’s Office, approved by the Chief Circuit Court Judge. BE IT FURTHER RESOLVED that the Sheriff’s Office reports the results of the pilot tethering program to the Public Services and Finance Committees at the end of this one (1) year extension of the program. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE REPORT (MISC. #08180) BY: Criminal Justice Coordinating Council, Judge Wendy Potts, Chairperson IN RE: CRIMINAL JUSTICE COORDINATING COUNCIL – EXTEND PILOT TETHERING PROGRAM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Oakland County Criminal Justice Coordinating Council recommends approval of the attached suggested resolution. Chairperson, on behalf of the Oakland County Criminal Justice Coordinating Council, I move acceptance of the foregoing report. CRIMINAL JUSTICE COORDINATING COUNCIL Commissioners Minutes Continued. October 2, 2008 853 FISCAL NOTE (MISC. #08180) BY: Finance Committee, Mike Rogers, Chairperson IN RE: CRIMINAL JUSTICE COORDINATING COUNCIL – EXTEND PILOT TETHERING PROGRAM 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 Criminal Justice Coordinating Council (CJCC) recommends a one (1) year extension of the Pilot Tethering Program through Fiscal Year 2009. 2. Proposed costs for the program extension is not to exceed $300.000. 3. Funds are available in the General Fund, (GL Account 10100-9010101-196030-371461) Jail Alternative Program Startup, Designated Fund Balance to cover the cost. 4. A budget amendment to the Fiscal Year 2008 budget is recommended as follows: GENERAL FUND 10100 FY 2008 Revenue 9010101-196030-665882 Planned Use of Fund Balance $300,000 Expenditure 4030301-112590-730373 Sheriff/Corr Svcs/Contr. Svc $300,000 $ -0- FINANCE COMMITTEE Moved by Potter supported by Zack the resolution (with fiscal note attached) be adopted. AYES: Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack, Bullard, Burns, Coulter, Crawford, Gershenson. (22) NAYS: None. (0) A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted. REPORT (MISC. #08181) BY: Personnel Committee, Thomas F. Middleton, Chairperson IN RE: CRIMINAL JUSTICE COORDINATING COUNCIL (CJCC) – EXPANSION OF TETHER PROGRAM AND PILOT PROGRAM FOR DRIVING WHILE LICENSE SUSPENDED POPULATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee having reviewed Miscellaneous Resolution #08181 on September 24, 2008 reports with the recommendation the resolution be amended as follows: Strike the last WHEREAS WHEREAS it is anticipated that the Sheriff’s office would need additional personnel to handle the management and tracking of these offenders. The estimated cost for sufficient Part-Time Non-Eligible (PTNE) employees is estimated at $22,077. Add: WHEREAS it is proposed the creation of one (1) PTNE 1,000 hrs./yr. Inmate Substance Abuse Technician in the Sheriff’s Office to monitor and track offenders assigned to the pilot program; and WHEREAS this position would have a sunset date of September 30, 2009, and be reviewed for continuation during the Fiscal Year 2010 Budget process. Add two BE IT FURTHER RESOLVED paragraphs after the second BE IT FURTHER RESOLVED paragraph as follows: BE IT FURTHER RESOLVED that one (1) PTNE 1,000 hrs./yr. Inmate Substance Abuse Technician be created in the Sheriff’s Office/Corrective Services-Detention/Inmate Program Services to support the Pilot Program for Driving While Suspended Population at an estimated cost of $22077. BE IT FURTHER RESOLVED that this position be funded through September 30, 2009 and reviewed for continuation thereafter. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE Commissioners Minutes Continued. October 2, 2008 854 MISCELLANEOUS RESOLUTION #08181 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: CRIMINAL JUSTICE COORDINATING COUNCIL (CJCC) - EXPANSION OF TETHER PROGRAM AND PILOT PROGRAM FOR DRIVING WHILE LICENSE SUSPENDED POPULATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in 2005, the Oakland County Board of Commissioners adopted Miscellaneous Resolution #05152 to create the Criminal Justice Coordinating Council (CJCC), whose membership is comprised of stakeholders representing all components in the Oakland County justice system; and WHEREAS the CJCC was charged with addressing chronic county-wide jail overcrowding issues and has devised and implemented several programs to manage increasing jail population; and WHEREAS one accomplishment of the CJCC was the passage of Public Act 140 of 2007, amendments to the Jail Overcrowding Emergency Act, which enable counties to better manage chronic jail overcrowding. This new law resulted in reducing the number and frequency of jail overcrowding releases and allows counties to manage rising jail populations in a sensible and orderly fashion through limited, targeted and controlled releases of nonviolent offenders; and WHEREAS another successful initiative based on the recommendation of the CJCC and adopted by the Board of Commissioners pursuant to Miscellaneous Resolution #07226 is the electronic tether for low risk offenders who have completed at least 50% of their sentences; this device monitors and tracks their movement throughout the community in real-time and allows pretrial officers and law enforcement to ensure the offenders are abiding by their established curfews and geographical boundaries. This electronic monitoring system has proven to be a cost-effective alternative to incarceration; and WHEREAS the CJCC now seeks to direct its efforts to the following projects, as further detailed below: (1) Expansion of the tether program, which has primarily been utilized by the Circuit Court for felons, to include district courts and misdemeanants; and (2) Establishment of a pilot project to address a segment of the jail population which, heretofore, has received little attention -- the “driving while license suspended” (DWLS) and “No ops” (operating a vehicle without a license in one’s possession) offenders; and WHEREAS the DWLS proposal is twofold: one to devise a preventative program whereby individuals who have not yet been charged with DWLS would receive assistance from volunteers in the legal community to help guide them through the license reinstatement process; and WHEREAS the CJCC recognizes that the Michigan Secretary of State is an essential partner to such a program, and further, that this effort will likely involve legislative and other regulatory revisions on issues under the jurisdiction of the Secretary of State; and WHEREAS the CJCC is prepared to partner with the Secretary of State on these legislative and regulatory issues to address program features which may include but are not limited to: amnesty, waivers or reduction in fees, payment plans, and other reasonable and creative alternatives; and WHEREAS the second prong of this twofold approach addressing the DWLS population would be directed at incarcerated persons charged and convicted of DWLS or No ops misdemeanors; approximately 40 individuals are in custody on these charges everyday, and frequently these are the only offenses for which they have been charged; and WHEREAS it is envisioned that eligible participants would be counseled on license reinstatement and required to attend driver safety school and/or some other remedial training; further, with the cooperation of the district courts, these individuals may be viable candidates for the tether program expansion referenced above; and WHEREAS it is anticipated that the Sheriff's office would need additional personnel to handle the management and tracking of these offenders. The estimated cost for sufficient Part-Time Non-Eligible (PTNE) employees is estimated at $22,077. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby applauds the fine work of the CJCC and its achievements in devising and implementing programs to successfully address chronic jail overcrowding. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners supports the ongoing effort to reduce jail overcrowding through the adoption of the recommendations from the CJCC to expand the tether program and to create a new pilot program to address the “DWLS” segment of potential offenders as well as those who are in custody on DWLS and No Ops charges. Commissioners Minutes Continued. October 2, 2008 855 BE IT FURTHER RESOLVED that the CJCC, in conjunction with Circuit Court Administration and County Executive Administration are requested to provide a proposed budget to the Board of Commissioners to adequately fund the staff and resources to implement these projects from funds designated for this purpose in the Fiscal Year 2008-2009 Budget. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners urges the Michigan Secretary of State to partner with the CJCC to establish the necessary policies and legislative and regulatory revisions to enable these pilot programs to be realized. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to Governor Jennifer M. Granholm, Secretary of State Terri Lynn Land, the Oakland County Criminal Justice Coordinating Council, the Oakland County Delegation to the Michigan Legislature, the Michigan Association of Counties and Oakland County’s lobbyists. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE REPORT (MISC. #08181) BY: Criminal Justice Coordinating Council, Judge Wendy Potts, Chairperson IN RE: CRIMINAL JUSTICE COORDINATING COUNCIL (CJCC) – EXPANSION OF TETHER PROGRAM AND PILOT PROGRAM FOR DRIVING WHILE LICENSE SUSPENDED POPULATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Oakland County Criminal Justice Coordinating Council recommends approval of the attached suggested resolution. Chairperson, on behalf of the Oakland County Criminal Justice Coordinating Council, I move acceptance of the foregoing report. CRIMINAL JUSTICE COORDINATING COUNCIL FISCAL NOTE (MISC. #08181) BY: Finance Committee, Mike Rogers, Chairperson IN RE: CRIMINAL JUSTICE COORDINATING COUNCIL – EXPANSION OF TETHERING PROGRAM AND PILOT PROGRAM FOR DRIVING WHILE LICENSE SUSPENDED POPULATION 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 Criminal Justice Coordinating Council (CJCC) recommends creation of one (1) 1,000 hour PTNE Inmate Substance Abuse Technician position in the Sheriff’s Office to support the expansion of the Tethering Program. 2. This position will monitor and track offenders assigned to the pilot program, with a sunset date of September 30, 2009, and will be reviewed for continuation during the Fiscal Year 2010 Budget Process. 3. The cost of the new position is $20,395 representing salaries and fringes only; the associated operating expense is currently budgeted in the Sheriff Fiscal Year 2009 Adopted Budget. 4. Funds are available in the Jail Population Management Fund (Account 21130-9010101-112700- 730359) to cover the cost of the position. 5. A budget amendment to the Fiscal Year 2009 Adopted Budget is recommended as follows: JAIL POPULATION FUND #21130 FY 2009 Expenditures 9010101-112700-730359 Contingency ($20,395) 9010101-112700-788001 Transfer Out to GF 20,395 Total Expenditures $ 0 GENERAL FUND #10100 Revenue 4030301-112590-695500-21130 Transfer In from JPM Fund $20,395 Expenditure 4030301-112590-702010 Salaries $19,592 4030301-112590-722740 Fringe Benefits 803 Commissioners Minutes Continued. October 2, 2008 856 Total Expenditures $20,395 $ 0 FINANCE COMMITTEE Moved by Potter supported by Zack the resolution (with fiscal note attached) be adopted. Moved by Potter supported by Zack the Personnel Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Potter supported by Zack the resolution be amended to coincide with the recommendation in the Personnel Committee Report. A sufficient majority having voted in favor, the amendment carried. Vote on resolution, as amended: AYES: Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack, Bullard, Burns, Coulter, Crawford, Gershenson, Gingell. (22) NAYS: None. (0) A sufficient majority having voted in favor, the resolution (with fiscal note attached), as amended, was adopted. MISCELLANEOUS RESOLUTION #08220 BY: Tim Greimel, Marcia Gershenson, Helaine Zack, Mike Rogers IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR ONE D: TRANSFORMING REGIONAL DETROIT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the metropolitan Detroit area, including Oakland County, faces a number of acute economic challenges; and WHEREAS the 2008-2010 Economic Outlook for Oakland County, prepared through a collaboration between Oakland County and the University of Michigan Institute of Labor and Industrial Relations, forecasts job gains in knowledge-based industries and job losses in other industries; and WHEREAS the Economic Outlook for Oakland County forecasts a decrease in the number of Oakland County residents of prime working age (ages 25 to 64) between 2010 and 2035 and a dramatic increase in the proportion of Oakland County’s population that is 65 years old or older from 13.2% in 2010 to 23.4% in 2035 (a number far in excess of the approximately 17% of Florida’s population that is currently age 65 years old or older); and WHEREAS the Economic Outlook for Oakland County forecasts a severe shortage of potential workers in the period after 2010, unless Oakland County experiences a large influx of younger workers; and WHEREAS the Economic Outlook for Oakland County recommends that Oakland County seek to attract knowledge-based businesses and workers by, among other things, improving recreational and cultural amenities, attracting emerging industries, and emphasizing education and training; and WHEREAS One D: Transforming Regional Detroit is a collaborative initiative seeking to transform the metropolitan Detroit area into one of the world’s greatest regions; and WHEREAS One D was founded by six regional organizations: the Cultural Alliance of Southeastern Michigan, the Detroit Regional Chamber, Detroit Renaissance, the Detroit Metro Convention and Visitors Bureau, New Detroit, Inc., and United Way for Southeastern Michigan; and WHEREAS One D is focused on the alignment of the private, public, and non-profit sectors toward the achievement of common priorities – while reducing duplication and redundancies; and WHEREAS One D, as a regional initiative, will (1) provide the opportunity for the private sector to speak with a unified voice for the region in order to impact public policy and funding from Lansing and Washington, D.C.; (2) have the ability to attract private sector funding for action plan implementation; (3) help local foundations, businesses, civic, and other organizations to focus on regional priorities; and (4) Commissioners Minutes Continued. October 2, 2008 857 provide the opportunity to impact five important priorities that the people of Southeast Michigan have collectively said are important; and WHEREAS the priorities of One D, as identified through a citizen input process, are: economic prosperity, quality of life, regional transit, educational preparedness, and race relations; and WHEREAS One D’s “Champions Council”, led by Edsel B. Ford II and a small group of key business and community leaders, will advocate for regional collaboration, will annually review One D’s progress on the five identified priorities, and will present an annual report at the Detroit Regional Chamber’s yearly Mackinac Policy Conference; and WHEREAS regional transformation can be accomplished through collaborative thinking, planning, and implementation. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby endorses the vision of One D: Transforming Regional Detroit and recognizes the importance of a united region in order to effectively compete in a global economy. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners applauds and supports the efforts of One D and looks forward to being a partner in advancing progress and growth, not only in Oakland County, but in the entire metropolitan Detroit region. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to Edsel B. Ford II, the Cultural Alliance of Southeastern Michigan, the Detroit Regional Chamber, Detroit Renaissance, the Detroit Metro Convention and Visitors Bureau, New Detroit, Inc., United Way for Southeastern Michigan, the Macomb County Board of Commissioners, the Wayne County Board of Commissioners, the Wayne County Executive, the Detroit City Council, the Mayor of Detroit, and Oakland County’s legislative lobbyists. Chairperson, we move the adoption of the foregoing resolution. TIM GREIMEL, MARCIA GERSHENSON, HELAINE ZACK, MIKE ROGERS, VINCENT GREGORY, MATTIE HATCHETT, KAREN SPECTOR, JIM NASH, DAVID COULTER, JEFF POTTER, TOM MIDDLETON, HUGH CRAWFORD, TIM BURNS, DAVID WOODWARD The Chairperson referred the resolution to the General Government Committee. There were no objections. The Board adjourned at 10:08 a.m. to the call of the Chair or October 23, 2008, at 9:30 a.m. RUTH JOHNSON BILL BULLARD, JR. Clerk Chairperson