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HomeMy WebLinkAboutMinutes - 2008.11.06 - 8474904 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES November 6, 2008 Meeting called to order by Chairperson Bill Bullard, Jr. at 9:33 a.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Bullard, Burns, Clark, Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack. (24) EXCUSED ABSENCE WITH NOTICE: None. (0) Quorum present. Invocation given by Jeff Potter. Pledge of Allegiance to the Flag. Moved by Rogers supported by Nash the minutes of the October 23, 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 amended as follows: ITEMS ON BOARD AGENDA PUBLIC SERVICES COMMITTEE b. County Executive – Emergency Response and Preparedness – Acceptance for 2007 FEMA State Homeland Security Grant Program – Oakland County c. County Executive – Emergency Response and Preparedness – Acceptance for 2007 FEMA State Homeland Security Grant Program – Monroe County Fiduciary d. County Executive – Emergency Response and Preparedness – Acceptance for 2006 State Homeland Security Grant Program – Amendment I g. County Executive – Emergency Response and Preparedness – Acceptance for 2007 FEMA State Homeland Security Grant Program – Regional Fiduciary (Reason for Suspension of Public Services Committee, items b., c., d. and g.: Waiver of Rule XI.A.10: Processed Contrary to Accepted Grant Procedure.) Vote on Agenda, as amended: AYES: Bullard, Burns, Clark, Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack. (24) NAYS: None. (0) A sufficient majority having voted in favor, the agenda, as amended, was approved. Commissioners Minutes Continued. November 6, 2008 905 Deputy Clerk/Register of Deeds James H. VanLeuven read a communication from Bill Bullard, Jr., Chairperson of the Oakland County Board of Commissioners, appointing Commissioner Eileen Kowall to serve on the Lake Board of Williams Lake. The communication was received for filing. Larry Obrecht, Manager of Animal Control, and Mike Zehnder, Director of Public Services, presented an award to Maxon’s Tree Service, with deep gratitude for their love of animals and generosity which has made it possible for the Oakland Pet Adoption Center to care for and protect the animals of Oakland County. There was no public comment. Vice Chairperson Hugh Crawford assumed the Chair. Moved by Clark supported by Nash 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 937. The resolutions on the Consent Agenda follow (annotated by an asterisk {*}): *MISCELLANEOUS RESOLUTION #08233 BY: Finance Committee, Mike Rogers, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET – TRANSFER OF INMATE ACCOUNT DATA FROM THE REIMBURSEMENT UNIT’S LEGACY SYSTEM AND THE JAIL MANAGEMENT INFORMATION SYSTEM TO RDK, INC. To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Board of Commissioners passed Miscellaneous Resolution #07276 in support of competitively bidding out the Reimbursement Unit’s collection services; and WHEREAS the Department of Management and Budget issued an RFP in January of 2008 for inmate board and care account collection services; and WHEREAS a selection committee and bid evaluation team under the oversight of the Purchasing Division received three qualified bids and after conducting its due diligence selected RDK, Inc., of Troy, MI, as the finalist; and WHEREAS a detailed Scope of Work and Professional Services Contract has been negotiated with the assistance of Corporation Counsel; and WHEREAS to assign the current inmate board and care accounts to RDK so that they may pursue collection, a copy of the historical data from the Reimbursement Unit’s legacy information system must be transferred to RDK by Information Technology; and WHEREAS to assign the future inmate board and care accounts to RDK so that they may pursue collection, a data transfer program and mechanism must be created by Information Technology to send daily account data from the Jail Management information system to RDK; and WHEREAS the Finance/Administration Leadership Group has sized and approved a project to transfer historical account data and create a data transfer program and mechanism for day-forward accounts for a total cost of $63,928. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes that $63,928 be appropriated from the designated fund “Balance for Operational Improvements” (GL account # 371350) to fund an Information Technology development project to transfer historical account data and create a data transfer program and mechanism for day-forward accounts from the Reimbursement Unit’s legacy information system and the Jail Management information system, respectively, to RDK as follows: GENERAL FUND (10100) FY 2009 Revenues 9010110-196030-665882 Planned Use of Fund Balance $63,928 Expenditures 9090101-196030-788001-63600 Operating Transfers-Out 63,928 $ -0- INFORMATION TECHNOLOGY FUND (63600) Revenues 1080101-152000-695500-10100 Operating Transfers-In $63,928 Commissioners Minutes Continued. November 6, 2008 906 Expenditures 1080201-152010-731458 Professional Services $63,928 $ -0- Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE (The vote for this motion appears on page 937.) *MISCELLANEOUS RESOLUTION #08234 BY: Finance Committee, Mike Rogers, Chairperson IN RE: FACILITIES MANAGEMENT – AUTHORIZATION TO PROCEED AND AWARD OF CONTRACT FOR 2008 ELEVATOR MODERNIZATION PROJECT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS elevators located in the Courthouse for the Judges (1), Jail (1), Golden Oaks Facility (2), and Public Works Building (1) have all exceeded normal life expectancy of the major components and should be rehabilitated and brought up to current elevator, building safety and ADA codes; and WHEREAS the elevators are becoming increasingly prone to downtime and overtime repair and parts are difficult to obtain due to the age of the equipment; and WHEREAS having these elevators out of service creates ADA violations and liabilities in transporting in- custody prisoners; and WHEREAS the Fiscal Year 2008 Capital Improvement Program identified the Elevator Maintenance Project; and WHEREAS modernization and equipment upgrades include repair or replacement of drive motors, brakes, hoist cables, electrical, fire controls, door operators, motion controls, and door landing/leveling devices to bring these elevators up to current elevator, building safety and ADA codes; and WHEREAS the Planning and Building Committee on November 6, 2007 authorized Facilities Management to proceed with bidding for the project; and WHEREAS in accordance with Purchasing Division procedures, bids were received and reviewed on July 16, 2008; and WHEREAS the lowest responsible bidder is Kone, Inc. of Livonia, Michigan with a bid in the amount of $496,000; and WHEREAS total project costs are estimated to be $559,350, including the contract award of $496,000, Inspection costs of $7,500, FM&O costs of $5,000 and Project Contingency of $50,850; and WHEREAS funding for the proposed elevator upgrades was previously approved by the Board of Commissioners for the Golden Oaks Facility for $70,000 (Project #100000000448), the Law Enforcement Complex for $50,000 (Project #100000000805), and the Courthouse for $60,000 which currently has a remaining balance of $36,513.55 (Project #100000000369), totaling $156,513.55; and WHEREAS funding for the balance of $402,836.45 is available for transfer from Facilities Maintenance and Operations Fund Equity (#63100) to the Project Work Order Fund (#40400) for the 2008 Elevator Modernization Project. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the 2008 Elevator Modernization Project in the amount of $559,350. BE IT FURTHER RESOLVED that the Board of Commissioners authorizes an award of contract for the 2008 Elevator Modernization Project to Kone, Inc. of Livonia, Michigan in the amount of $496,000. BE IT FURTHER RESOLVED that remaining funding of $156,513.55 originally approved by the Board of Commissioners for the proposed elevator modernization be transferred and consolidated to the 2008 Elevator Modernization Project. BE IT FURTHER RESOLVED that the Board of Commissioners authorizes transfer of funding in the amount of $402,836.45 from Facilities Maintenance and Operations Fund Equity (#63100) to the Project Work Order Fund (#40400) to establish the 2008 Elevator Modernization Project (#100000001214). BE IT FURTHER RESOLVED that the Fiscal Year 2009 Budget is amended as follows: FACILITIES MAINTENANCE AND OPERATIONS FUND #63100 FY 2009 1040702-140010-665882 Planned Use Fund Bal. $402,836.45 1040719-141000-788001-40400 Transfer Out 402,836.45 $ -0- PROJECT WORK ORDER FUND #40400 Commissioners Minutes Continued. November 6, 2008 907 1040101-148020-695500-63100 Transfer In $402,836.45 1040101-148020-796500 Budgeted Equity Adj. 402,836.45 $ -0- Project #100000000369 Transfer Out $ (36,513.55) Project #100000000448 Transfer Out (70,000.00) Project #100000000805 Transfer Out (50,000.00) Project #100000001214 Transfer In 156,513.55 $ -0- 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 937.) *MISCELLANEOUS RESOLUTION #08228 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 CHARTER TOWNSHIP OF INDEPENDENCE 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 Charter Township of Independence 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 Charter Township of Independence 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 Charter Township of Independence 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 Charter Township of Independence. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE AGREEMENT BETWEEN THE CHARTER TOWNSHIP OF INDEPENDENCE 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 Charter Township of Independence, a Michigan Constitutional and Municipal Corporation whose address is 90 N Main St; PO Box 90 , Clarkston, MI 48347-0069 (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. November 6, 2008 908 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 Charter Township of Independence, it means the Charter Township of Independence Council. 1.6. Municipality means the Charter Township of Independence, 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: 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 Commissioners Minutes Continued. November 6, 2008 909 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. 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, Commissioners Minutes Continued. November 6, 2008 910 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: Charter Township Clerk, Charter Township of Independence, 90 N Main St; PO Box 90 , Clarkston, MI 48347-0069. 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, ______________________________________ hereby acknowledges that he/she has been authorized by a resolution of the Charter Township of Independence, a certified copy of which is attached, to execute this Agreement on behalf of the Municipality and hereby accepts and binds the Municipality to the terms and conditions of this Agreement. EXECUTED: ____________________________________ DATE:______________ WITNESSED: ____________________________________ DATE:______________ 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 Oakland County, and hereby accepts and binds Oakland County to the terms and conditions of this Agreement. EXECUTED: ______________________________________ DATE: ______________ Bill Bullard, Jr., Chairperson Oakland County Board of Commissioners WITNESSED: ______________________________________ DATE: ______________ IN WITNESS WHEREOF, Ruth Johnson, in her official capacity as the Oakland County Clerk, a Michigan Constitutional Office, hereby concurs and accepts the terms and conditions of this Agreement. EXECUTED: ______________________________________ DATE: _____________ Ruth Johnson, Clerk/Register of Deeds County of Oakland WITNESSED: ______________________________________ DATE: _____________ FISCAL NOTE (MISC. #08228) 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 CHARTER TOWNSHIP OF INDEPENDENCE Commissioners Minutes Continued. November 6, 2008 911 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 per precinct to help defray the cost of election certification as provided by Public Act 116 of 1954. 2. The Charter Township of Independence 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 $400 (16 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 $400 $400 Total Revenues $400 $400 Expenditure 2010301-185010-730709 Fees - Per Diems $400 $400 Total Expenditures $400 $400 FINANCE COMMITTEE (The vote for this motion appears on page 937.) *REPORT (MISC. #08235) BY: Personnel Committee, Thomas F. Middleton, Chairperson IN RE: PARKS AND RECREATION DEPARTMENT - REORGANIZATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee having reviewed the above referenced Resolution on October 29, 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 #08235 BY: General Government Committee, Christine Long, Chairperson IN RE: PARKS AND RECREATION DEPARTMENT - REORGANIZATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County Parks and Recreation strives to be recognized and viewed by citizens as a “World Class” park system; and WHEREAS the Parks and Recreation Department retained Pros Consulting to assist with developing a 10 year strategic plan; and WHEREAS the strategic plan includes acquiring and developing park land for active and passive recreation as desired by the citizens through a survey; and WHEREAS this reorganization of staff is the first of two phases in reaching the goals of the 10 year strategic plan; and WHEREAS the current departmental structure is vertical and each park operates as a separate entity; and WHEREAS the County offered a retirement incentive and 17 Parks and Recreation Department employees accepted the incentive; and WHEREAS the timing of these retirements align with the proposed strategic plan to change the department to a horizontal managed structure that operates interchangeably in a team environment; and WHEREAS the strategic plan includes plans for increased park and program planning, a central reservations system, a parks-wide maintenance system, greater fiscal efficiencies and business development; and Commissioners Minutes Continued. November 6, 2008 912 WHEREAS this reorganization creates, deletes, reclassifies and realigns positions to meet the requirements of the strategic plan; and WHEREAS the Parks Commission has reviewed and approved these changes. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the Parks and Recreation Department re-organization as shown below: 1. To delete the following eligible Proprietary (PR) Funded positions: Position Title Position Number Current Location Name Account Clerk II 5060101-01697 Administration Admin. - P and R Adm. Svcs. 5060101-00824 Administration Architectural Engineer II 5060101-02614 Administration Chief - Design and Development 5060101-01225 Administration Chief - Golf 5060101-02677 Administration Chief - Park Operations 5060101-02405 Administration Grounds Equipment Mechanic 5060327-03333 Glen Oaks Grounds Equipment Mechanic 5060330-02345 Springfield Oaks Grounds Equipment Mechanic 5060735-00453 Waterford Oaks Activity Ctr. Grounds Maintenance Supv. 5060326-03488 White Lake Oaks Groundskeeper II 5060720-09284 Groveland Oaks Park Supervisor 5060715-02472 Addison Oaks Park Supervisor 5060805-01645 Recreation Section Admin Parks Maintenance Aide PTE 5060720-09563 Groveland Oaks Recreation Specialist 5060650-09568 Nature Program Skilled Maintenance Mech III 5060910-03465 Technical Support Storekeeper III 5060330-00658 Springfield Oaks Storekeeper III 5060328-00669 Red Oaks Golf Course 2. To delete the following PTNE 1,000 hour PR Proprietary Funded positions: # of Pos. Pos. Title Pos. Location Pos. Numbers 5 P&R Attendant Addison Oaks/5060715 10199, 10200, 10201, 10202, 10203 4 Lifeguard Addison Oaks/5060715 09109, 09492, 09493, 09494 2 Lifeguard Groveland Oaks/5060720 09486, 09488 3 Seasonal Laborer Groveland Oaks/5060720 04398, 09484, 09485 P&R Attendant Independence Oaks/5060725 04198, 09936, 09937, 09938 3 P&R Attendant Lyon Oaks Golf Course 5060356 09966, 09969, 09971 2 P&R Attendant Lyon Oaks Park/5060755 06455, 07011 7 Seasonal Program Leader Lyon Oaks Park/5060755 09954, 09955, 09956, 10043, 10044, 10045, 10046 1 Summer Clerical Nature Program/5060650 04403 6 Seasonal Laborer Red Oaks Golf Course 5060328 04246, 04248, 05721, 10040, 10041, 10042 6 P&R Attendant Red Oaks Golf Course 5060328 10034, 10035, 10036, 10037, 10038, 10039 12 Lifeguard Red Oaks Water Park 5060831 09939, 09940, 09941, 09942, 09943, 09944, 09945, 09946, 09947, 09948, 09949, 09950 2 Seasonal Laborer Springfield Oaks/5060330 04264, 04379 3 Seasonal Laborer Technical Support/5060910 10429, 10430, 10431 6 P&R Attendant Toboggan/5060846 07308, 07309, 07310, 07311, 07312, 07313 1 Seasonal Laborer Waterford Oaks Activity Center 05697 5060735 2 P&R Attendant Waterford Oaks Activity Center 02346, 02980 Commissioners Minutes Continued. November 6, 2008 913 5060735 3 P&R Attendant Waterford Oaks Tennis 5060838 04299, 04300, 04301 10 Lifeguard Waterford Oaks Water Park 04302, 04288, 04757, 5060837 05701, 05731, 07826, 07827, 07828, 07829, 09501 3 P&R Attendant Waterford Oaks Water Park 07849, 07852, 07853 5060837 1 Seasonal Laborer Waterford Oaks Water Park 07820 5060837 5 P&R Attendant White Lake Oaks/5060326 04219, 04220, 04221, 04223, 07007 3. To re-title the following units: From To Unit # Unit Name Unit Name 5060101 Administration Administrative Services 5060839 Mobile Recreation Mobile Recreation & Special Events 5060805 Recreation Section Admin Recreation Programs & Services 5060910 Technical Support Parks Facilities, Maintenance & Development 4. a. To delete the Waterford Oaks Tennis Unit - 5060838. b. To create a new unit in the Parks & Recreation Division titled Highland Oaks. 5. To delete the following classifications: Assistant Park Supervisor Chief-Design & Development Chief-Golf Chief-Park Operations Chief-Recreation Recreation Supervisor Supervisor-P&R Technical Support 6. a. To create the following new classifications: Classification Title Salary Grade Overtime Exemption Capital Improvement Coordinator 14 Exempt Chief-Parks Facilities, Maintenance & Development 16 Exempt Chief-Parks Operations & Maintenance 16 Exempt Educational Resource Specialist 11 Non-Exempt Marketing Assistant 09 Non-Exempt Natural Resources Planner 11 Non-Exempt Parks Project Supervisor 10 Non-Exempt P&R Business Development Representative 13 Non-Exempt Recreation Program Supervisor 12 Exempt P&R Marketing Supervisor 13 Exempt Supervisor-P&R Planning 14 Exempt b. To create the following new part-time non-eligible (PTNE) hourly classification with the following salary range and overtime category as non-exempt: Classification Base 1 Year 2 Year 3 Year 4 Year 5 Year P&R Project Advisor $23.7553 $25.2019 $26.6500 $28.0985 $29.5468 $30.9941 Commissioners Minutes Continued. November 6, 2008 914 7. To change the following classifications as shown: Current Classification Title Current Salary Grade Job Code New Classification Title New Salary Grade Overtime Category Administrator Parks & Recreation Operations 18 00119 Manager – P & R Operations 20 Exempt Groundskeeper Crew Chief __ 000778 Parks Crew Chief __ Non-Exempt Seasonal Program Leader __ 000855 P & R Program Leader __ Non-Exempt Golf Shop Coordinator 08 000881 Supervisor – Golf Revenue & Operations 12 Exempt Park Supervisor 11 000352 Parks Supervisor 12 Exempt P & R Communication & Marketing Officer 15 000401 P & R Public Information Supervisor 13 Exempt 8. To create the following full-time eligible Proprietary (PR) funded positions: Quantity Position Title Grade Number per Location Location Name (Number) 1 Supervisor-Admin Services 11 1 Administrative Services (5060101) 1 User Support Specialist I 10 1 Administrative Services (5060101) 1 Natural Resources Planner 11 1 Administrative Services (5060101) 1 Parks Crew Chief -- 1 Parks Facilities, Maintenance & Dev (5060910) 1 Recreation Program Supv. 12 1 Recreation Programs & Services (5060805) 1 Chief – Parks Facilities Maintenance & Development 16 1 Administrative Services (5060101) 1 Chief-Parks Operations & Maintenance 16 1 Administrative Services (5060101) 1 P&R Marketing Supervisor 13 1 Administrative Services (5060101) 9. To create the following PTNE 1,000 hour per year Proprietary (PR) funded positions: Number Position Title Grade Number per Location Location Name 4 Office Assistant I 3 1 Independence Oaks (5060725) 1 Nature Program (5060650) 1 Addison Oaks (5060715) 1 Groveland Oaks (5060720) 1 Graphic Artist 10 1 Administrative Services (5060101) 3 Grounds Equipment Mechanic -- 1 Springfield Oaks (5060330) 1 Waterford Oaks Water Park (5060837) 1 Glen Oaks (5060327) 4 P&R Project Advisor --- 4 Administrative Services (5060101) 1 Parks Naturalist 10 1 Nature Program (5060650) Commissioners Minutes Continued. November 6, 2008 915 2 General Maintenance Mechanic -- 1 Waterford Oaks Water Park (5060837) 1 Springfield Oaks (5060732) 1 Skilled Maintenance Mechanic III -- 1 Parks Facilities, Maintenance & Development (5060910) 10. To create the following FTNE 2,000 hour per year Proprietary (PR) funded positions: Number Position Title Grade Location Name 1 Skilled Maintenance Mechanic III -- Parks Facilities, Maintenance & Development (5060910) 1 Architectural Engineer III 15 Parks Facilities, Maintenance & Development (5060910) 11. Create four (4) PTNE 1,000 hour/year College Intern proprietary (PR) funded positions in the following locations: Quantity Location/Unit Name Location Number 2 Administrative Services 5060101 1 Recreation Programs & Services 5060805 1 Mobile Recreation & Special Events 5060839 12. To upwardly reclassify the following positions: From To Pos # Position Title Grade Position Title Grade 03167 Administrator P&R Oper 18 Manager P&R Operations 20 09320 Architectural Engineer II 12 Supervisor-P&R Planning 14 02388 Parks Maintenance Supervisor 11 Parks Supervisor 12 02535 Park Supervisor 11 Parks Supervisor 12 03335 Park Supervisor 11 Parks Supervisor 12 09084 Parks Maintenance Supervisor 11 Parks Supervisor 12 02329 Grounds Maintenance Supervisor 10 Parks Supervisor 12 02685 Groundskeeper Specialist ---- Parks Crew Chief --- 09464 Groundskeeper II --- Parks Crew Chief --- 02223 General Maintenance Mechanic -- Parks Crew Chief --- 05172 Recreation Specialist 9 Parks Naturalist 10 00517 Recreation Supervisor 11 Recreation Program Supv 12 00482 Recreation Supervisor 11 Recreation Program Supv 12 09281 Recreation Supervisor 11 Recreation Program Supv 12 00990 Supervisor - P&R Tech Support 12 Maintenance Supervisor II 13 Commissioners Minutes Continued. November 6, 2008 916 13. To upwardly reclassify and transfer the following positions: From To Pos # Department Location Position Title GR Department Location Position Title GR 04382 Mobile Recreation (5060839) Recreation Supervisor 11 Administrative Services (5060101) P&R Business Development Representative 13 09566 Mobile Recreation (5060839) Recreation Specialist 09 Recreation Programs & Services (5060805) Recreation Program Supervisor 12 00657 Glen Oaks (5060327) Golf Shop Coordinator 08 Administrative Services (5060101) Supv-Golf Revenue & Operations 12 06949 Recreation Administration (5060805) Recreation Specialist 09 Parks Facilities Maintenance & Development (5060910) Parks Supervisor 12 00885 Red Oaks (5060328) Parks Maintenance Supervisor 11 Administrative Services (5060101) Chief-Parks Operations & Maintenance 16 08045 Administrative Services (5060101) Construction Inspector III 09 Parks Facilities Maintenance & Development (5060910) Parks Project Supervisor 10 06350 Lyon Oaks (5060755) Parks Naturalist 11 Nature Program (5060650) Recreation Program Supervisor 12 14. To re-title and transfer the following positions: From To Pos # Department Location Position Title GR Department Location Position Title GR 01461 Recreation Section Admin (5060805) Parks Naturalist 11 Administrative Services (5060101) Educational Resource Specialist 11 15. To re-title the following classifications and positions with no change in salary: From To Position # Position Title Grade Position Title Grade 07105 Chief-Recreation 16 Chief-Recreation Programs & Services 16 10032 Trails Network Coordinator 11 Trails & Recreation Planner 11 16. To downwardly reclassify the following positions: From To Position # Position Title Grade Position Title Grade 01589 Parks Supervisor 11 Parks Project Supervisor 10 02508 P&R Communication & Marketing Officer 15 P&R Public Information Supv. 13 01819 Secretary I 06 Office Assistant II 05 Commissioners Minutes Continued. November 6, 2008 917 17. To increase the following positions from PTE to FTE: Pos # Department Location Position Title 07106 Administrative Services (5060101) Public Communications Assistant 09565 Mobile Recreation & Special Events (5060839) Parks Maintenance Aide 18. To transfer the following positions within Parks & Recreation: From To Pos # Position Title Unit Location # Unit Name Unit Location # Unit Name 05390 Office Assistant II 5060805 Recreation Section Administration 5060101 Administrative Services 06348 Office Assistant II 5060805 Recreation Section Administration 5060101 Administrative Services 10204 Seasonal Program Specialist I 5060805 Recreation Section Administration 5060330 Springfield Oaks Golf 05811 Seasonal Program Specialist II 5060805 Recreation Section Administration 5060732 Springfield Oaks 00278 Office Assistant II 5060910 Technical Support 5060101 Administrative Services 06349 Office Assistant II 5060725 Independence Oaks 5060101 Administrative Services 07816 Office Assistant I 5060650 Nature Program 5060101 Administrative Services 05208 Recreation Specialist 5060650 Nature Program 5060910 P&R Facilities, Maint & Devel. 10457 Parks Helper 5060650 Nature Program 5060101 Administrative Services 02982 Secretary I 5060805 Recreation Section Administration 5060101 Administrative Services 01259 Parks Maintenance Aide 5060735 Waterford Oaks Activity Center 5060720 Groveland Oaks 10465 Parks Helper 5060725 Independence Oaks 5060724 Orion Oaks 10211 Seasonal Program Specialist I 5060725 Independence Oaks 5060328 Red Oaks Golf Course 09218 P&R Program Leader 5060839 Mobile Recreation 5060755 Lyon Oaks 09219 P&R Program Leader 5060839 Mobile Recreation 5060650 Nature Program 09220 P&R Program Leader 5060839 Mobile Recreation 5060650 Nature Program 05698 P&R Program Leader 5060735 Waterford Oaks Activity Center 5060715 Addison Oaks 04480 Parks Helper 5060735 Waterford Oaks Activity Center 5060845 Bicycle Moto Cross Program 04761 Seasonal Program Specialist II 5060738 Waterford Oaks Tennis Complex 5060735 Waterford Oaks Activity Center 04536 Parks Helper 5060838 Waterford Oaks Tennis Complex 5060735 Waterford Oaks Activity Center 09587 Seasonal Laborer 5060356 Lyon Oaks Golf Course 5060846 Toboggan Commissioners Minutes Continued. November 6, 2008 918 From To Pos # Position Title Unit Location # Unit Name Unit Location # Unit Name 09610 Seasonal Laborer 5060356 Lyon Oaks Golf Course 5060846 Toboggan 09692 Seasonal Laborer 5060356 Lyon Oaks Golf Course 5060846 Toboggan 09693 Seasonal Laborer 5060356 Lyon Oaks Golf Course 5060846 Toboggan 09694 Seasonal Laborer 5060356 Lyon Oaks Golf Course 5060846 Toboggan 09695 Seasonal Laborer 5060356 Lyon Oaks Golf Course 5060846 Toboggan 09696 Seasonal Laborer 5060356 Lyon Oaks Golf Course 5060846 Toboggan 09700 Seasonal Laborer 5060356 Lyon Oaks Golf Course 5060846 Toboggan 04136 Seasonal Prog Specialist I 5060755 Lyon Oaks 5060328 Red Oaks Golf Course 09504 Seasonal Prog Specialist I 5060720 Groveland Oaks 5060327 Glen Oaks 10066 Seasonal Prog Specialist I 5060715 Addison Oaks 5060326 White Lake Oaks 10458 10459 10460 Parks Helper 5060715 Addison Oaks 5060101 Administrative Services 10461 Parks Helper 5060715 Addison Oaks 5060805 Recreation Programs & Svcs. 10466 Parks Helper 5060760 Rose Oaks 5060732 Springfield Oaks Youth Activities Center 10470 10471 Parks Helper 5060846 Toboggan 5060831 Red Oaks Water Park 07305 Seasonal Progr Specialist II 5060846 Toboggan 5060725 Independence Oaks 10467 Parks Helper 5060760 Rose Oaks New Unit Highland Oaks 19. a. To re-title the classification of Seasonal Program Leader to P&R Program Leader with no change in salary. b. To re-title the following 1,000 hour/year Proprietary (PR) funded positions from Seasonal Program Leader to P&R Program Leader. c. To change the funding from Parks & Recreation Summer Proprietary (PR) funded to Parks & Recreation Proprietary (PR) funded. Department/Unit # Position # Department/Unit # Position # Mobile Recreation 5060839 04076 Mobile Recreation 5060839 05789 04077 07821 04079 07822 04100 07823 04132 07824 04308 07825 04311 09217 04312 05679 04313 05700 Commissioners Minutes Continued. November 6, 2008 919 04314 05787 04315 Nature Program (5060650) 04103 04316 05248 04317 09219 04318 09220 04319 Lyon Oaks 5060755 09218 05676 Groveland Oaks (5060720) 06772 05677 Addison Oaks (5060715) 05698 05678 20. To make the following changes from the Parks & Recreation Division to Management & Budget/Fiscal Services as shown below: a. To transfer the following positions from Parks & Recreation to Management & Budget/Fiscal Services: From Parks & Recreation To Fiscal Services Funding Account Clerk I (5060101-02234) New Unit P&R Fiscal Services PR Accountant IV (5060101-01876) Fiscal Services (1020601) PR 80% GF/GP 20% Accountant III (5060101-07107) New Unit P&R Fiscal Services PR Account Clerk II (5060101-01790) New Unit P&R Fiscal Services PR b. To create the following FTNE 2,000 hour per year Proprietary (PR) funded position in Fiscal Services: Position Title Grade Location(s) Account Clerk II 07 New Unit P&R Fiscal Services c. To reclassify the following positions as shown below: From To Position # Position Title Grade Position Title Grade 07107 Accountant III 12 Supervisor II-Fiscal Services 15 01876 Accountant IV 14 Capital Improvement Coordinator 14 Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE FISCAL NOTE (MISC. #08235) BY: Finance Committee, Mike Rogers, Chairperson IN RE: PARKS AND RECREATION DEPARTMENT REORGANIZATION 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. Effective November 8, 2008 Oakland County’s Parks and Recreation department is reorganizing to increase park and program planning, create fiscal efficiencies, and increase business development. Commissioners Minutes Continued. November 6, 2008 920 2. The Parks and Recreation Department is deleting 109 positions. The total Fiscal Year 2009 savings generated from deleting the positions is $1,296,878. The total Fiscal Year 2010 savings generated from deleting the positions is $1,297,595. 3. The Parks and Recreation Department is creating 31 positions. The total Fiscal Year 2009 cost of creating these positions is ($1,149,949). The total Fiscal Year 2010 cost of creating these positions is ($1,150,727). 4. The Parks and Recreation Department is reclassifying 28 positions. The total Fiscal Year 2009 cost for reclassifying these positions is ($127,604). The total Fiscal Year 2010 cost for reclassifying these positions is ($128,880). 5. The Parks and Recreation Department is transferring 43 positions within the department. There is no Fiscal Year 2009 or Fiscal Year 2010 cost for transferring these positions. 6. The overall reorganization generates a Fiscal Year 2009 total savings of $19,325, and a Fiscal Year 2010 total savings of $17,988. These amounts will remain budgeted with in the Parks and Recreation fund in the event the department needs financial resources for unforeseeable demand for services. 7. The Fiscal Year 2009 cost of salaries and fringe benefits for one (1) Capital Improvement Coordinator position will be allocated as follows: 20% to the General Fund/General Purpose Fund (10100) totaling $21,970 and 80% to the Parks and Recreation Fund (50800) totaling $87,880. Total cost of the position is $109,850. 8. The Fiscal Year 2010 cost of salaries and fringe benefits for one (1) Capital Improvement Coordinator position will be allocated as follows: 20% to the General Fund/General Purpose Fund (10100) totaling $22,189 and 80% to the Parks and Recreation Fund (50800) totaling $88,759. Total cost of the position is $110,948. 9. General Fund/General Purpose Non-departmental Indirect Cost revenue budget will be increased $21,970 for Fiscal Year 2009 and $22,189 for Fiscal Year 2010 to offset the General Fund expenditure budget for the Capital Improvement Coordinator Position #1876. 10. The following budget amendments to the Fiscal Year 2009 and Fiscal Year 2010 are recommended: FY 2009 FY 2009 Adopted Amendment Amended FUND 50800 – PARKS AND RECREATION: Expenditures 5060101-160000-702010 Salaries $1,706,043 (83,833) $1,622,210 5060101-160000-702160 Summer Help 35,700 159,390 195,090 5060101-160000-722740 Fringes 826,565 261,392 1,087,957 5060327-160010-702010 Salaries 231,154 (45,339) 185,815 5060327-160010-702160 Summer Help 163,200 16,984 180,184 5060327-160010-722740 Fringes 143,449 (37,068) 106,381 5060356-160010-702010 Salaries 283,800 9,786 293,586 5060356-160010-722740 Fringes 193,953 (17,257) 176,696 5060328-160010-702010 Salaries 124,826 (65,189) 59,637 5060328-160010-722160 Summer Help 126,072 (7,425) 118,647 5060328-160010-722740 Fringes 81,489 (42,289) 39,200 5060330-160010-702010 Salaries 245,658 (94,327) 151,331 5060330-160010-702160 Summer Help 142,800 16,984 159,784 5060330-160010-722740 Fringes 149,298 (61,582) 87,716 5060326-160010-702010 Salaries 192,332 (37,773) 154,559 5060326-160010-722740 Fringes 128,792 (34,495) 94,297 5060650-160050-702010 Salaries 164,679 (63,646) 101,033 5060650-160050-702160 Summer Help 86,700 35,217 121,917 5060650-160050-722740 Fringes 98,122 (38,436) 59,686 5060715-160070-702010 Salaries 147,171 (18,811) 128,360 5060715-160070-702160 Summer Help 260,000 13,460 273,460 5060715-160070-722740 Fringes 110,164 (29,297) 80,867 5060717-160070-722740 Fringes 21,668 (1,600) 20,068 5060720-160070-702010 Salaries 153,133 (7,530) 145,603 Commissioners Minutes Continued. November 6, 2008 921 5060720-160070-702160 Summer Help 285,000 13,460 298,460 5060720-160070-722740 Fringes 108,809 (27,351) 81,458 5060765-160070-722740 Fringes 912 (600) 312 5060725-160070-702010 Salaries 229,618 (34,317) 195,301 5060725-160070-702160 Summer Help 207,060 13,460 220,520 5060725-160070-722740 Fringes 151,303 (34,054) 117,249 5060755-160070-702010 Salaries 24,429 2,036 26,465 5060755-160070-722740 Fringes 19,616 (2,492) 17,124 5060724-160070-722740 Fringes 4,030 (2,574) 1,456 5060760-160070-722740 Fringes 936 (600) 336 5060732-160070-702160 Summer Help 25,214 16,894 42,108 5060732-160070-722740 Fringes 3,566 (1,299) 2,267 5060735-160070-702010 Salaries 93,008 4,009 97,017 5060735-160070-722740 Fringes 59,155 (3,918) 55,237 5060805-160210-702010 Salaries 310,231 (39,119) 271,112 5060805-160210-702160 Summer Help 55,000 8,750 63,750 5060805-160210-722740 Fringes 154,693 (19,053) 135,640 5060870-160210-722740 Fringes 960 (632) 328 5060839-160210-702010 Salaries 104,537 (44,903) 59,634 5060839-160210-702160 Summer Help 200,000 8,750 208,750 5060839-160210-722740 Fringes 77,434 (35,627) 41,807 5060831-160210-702010 Salaries 81,375 2,431 83,806 5060831-160210-702160 Summer Help 321,300 (33,188) 288,112 5060831-160210-722740 Fringes 81,074 (21,471) 59,603 5060845-160210-722740 Fringes 2,472 (1,612) 860 5060846-160210-722740 Fringes 23,472 (5,238) 18,234 5060837-160210-702010 Salaries 53,304 (26,765) 26,539 5060837-160210-702160 Summer Help 310,000 3,467 313,467 5060837-160210-722740 Fringes 64,000 (35,857) 28,143 1020658-182080-702010 Salaries 0 260,419 260,419 1020658-182080-722740 Fringes 0 117,026 117,026 5060910-160430-702010 Salaries 724,989 (22,566) 702,423 5060910-160430-702160 Summer Help 122,400 123,572 245,972 5060910-160430-722740 Fringes 386,865 (8,354) 378,511 Total Expenditure $10,103,530 -0- $10,103,530 FY 2009 FY 2009 FUND 10100 – GENERAL FUND: Adopted Amendment Amended Revenues 9010101-182200-640100 Ind. Cost. $8,495,310 $21,970 $8,517,280 Total Revenue $8,495,310 $21,970 $8,517,280 Expenditures 1020658-182080-702010 Salaries $4,828,287 $15,805 $4,844,092 1020658-182080-722740 Fringes 54,771 6,165 60,936 Total Expenditure $4,883,058 $21,970 $4,905,028 FY 2010 FY 2010 FUND 50800 – PARKS AND RECREATION: Adopted Amendment Amended Expenditures 5060101-160000-702010 Salaries $1,723,103 (84,671) $1,638,432 5060101-160000-702160 Summer Help 36,057 160,984 197,041 5060101-160000-722740 Fringes 834,831 264,006 1,098,837 5060327-160010-702010 Salaries 233,466 (45,792) 187,673 5060327-160010-702160 Summer Help 164,832 17,154 181,986 5060327-160010-722740 Fringes 144,883 (37,439) 107,445 5060356-160010-702010 Salaries 286,638 9,884 296,522 5060356-160010-722740 Fringes 195,893 (17,430) 178,463 5060328-160010-702010 Salaries 126,074 (65,841) 60,233 Commissioners Minutes Continued. November 6, 2008 922 5060328-160010-722160 Summer Help 127,333 (7,499) 119,833 5060328-160010-722740 Fringes 82,304 (42,712) 39,592 5060330-160010-702010 Salaries 248,115 (95,270) 152,844 5060330-160010-702160 Summer Help 144,228 17,154 161,382 5060330-160010-722740 Fringes 150,791 (62,198) 88,593 5060326-160010-702010 Salaries 194,255 (38,151) 156,105 5060326-160010-722740 Fringes 130,080 (34,840) 95,240 5060650-160050-702010 Salaries 166,326 (64,282) 102,043 5060650-160050-702160 Summer Help 87,567 35,569 123,136 5060650-160050-722740 Fringes 99,103 (38,820) 60,283 5060715-160070-702010 Salaries 148,643 (18,999) 129,644 5060715-160070-702160 Summer Help 262,600 13,595 276,195 5060715-160070-722740 Fringes 111,266 (29,590) 81,676 5060717-160070-722740 Fringes 21,885 (1,616) 20,269 5060720-160070-702010 Salaries 154,664 (7,605) 147,059 5060720-160070-702160 Summer Help 287,850 13,595 301,445 5060720-160070-722740 Fringes 109,897 (27,625) 82,273 5060765-160070-722740 Fringes 921 (606) 315 5060725-160070-702010 Salaries 231,914 (34,660) 197,254 5060725-160070-702160 Summer Help 209,131 13,595 222,725 5060725-160070-722740 Fringes 152,816 (34,395) 118,421 5060755-160070-702010 Salaries 24,673 2,056 26,730 5060755-160070-722740 Fringes 19,812 (2,517) 17,295 5060724-160070-722740 Fringes 4,070 (2,600) 1,471 5060760-160070-722740 Fringes 945 (606) 339 5060732-160070-702160 Summer Help 25,466 17,063 42,529 5060732-160070-722740 Fringes 3,602 (1,312) 2,290 5060735-160070-702010 Salaries 93,938 4,049 97,987 5060735-160070-722740 Fringes 59,747 (3,957) 55,789 5060805-160210-702010 Salaries 313,333 (39,510) 273,823 5060805-160210-702160 Summer Help 55,550 8,838 64,388 5060805-160210-722740 Fringes 156,240 (19,244) 136,996 5060870-160210-722740 Fringes 970 (638) 331 5060839-160210-702010 Salaries 105,582 (45,352) 60,230 5060839-160210-702160 Summer Help 202,000 8,838 210,838 5060839-160210-722740 Fringes 78,208 (35,983) 42,225 5060831-160210-702010 Salaries 82,189 2,455 84,644 5060831-160210-702160 Summer Help 324,513 (33,520) 290,993 5060831-160210-722740 Fringes 81,885 (21,686) 60,199 5060845-160210-722740 Fringes 2,497 (1,628) 869 5060846-160210-722740 Fringes 23,707 (5,290) 18,416 5060837-160210-702010 Salaries 53,837 (27,033) 26,804 5060837-160210-702160 Summer Help 313,100 3,502 316,602 5060837-160210-722740 Fringes 64,640 (36,216) 28,424 1020658-182080-702010 Salaries 0 263,023 263,023 1020658-182080-722740 Fringes 0 118,196 118,196 5060910-160430-702010 Salaries 732,239 (22,792) 709,447 5060910-160430-702160 Summer Help 123,624 124,808 248,432 5060910-160430-722740 Fringes 390,732 (8,437) 382,296 Total $10,204,565 -0- $10,204,565 FY 2010 FY 2010 FUND 10100 – GENERAL FUND: Adopted Amendment Amended Revenues 9010101-182200-640100 Ind. Cost. $8,495,310 $22,189 $8,517,499 Total Revenue $8,495,310 $22,189 $8,517,499 Expenditures Commissioners Minutes Continued. November 6, 2008 923 1020658-182080-702010 Salaries $4,828,287 $15,963 $4,844,250 1020658-182080-722740 Fringes 54,771 6,226 60,997 Total Expenditure $4,883,058 $22,189 $4,905,247 FINANCE COMMITTEE (The vote for this motion appears on page 937.) *MISCELLANEOUS RESOLUTION #08236 BY: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION – 2008/2009 SUBSTANCE USE DISORDER GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Department of Community Health (MDCH) has awarded the Health Division $4,792,578 in Substance Use Disorder Grant Funds for the period of October 1, 2008 through September 30, 2009; and WHEREAS the 2008/2009 grant award includes $4,792,578 in grant revenue and expenditures for this program, an increase of $50,333 from the previous year; and WHEREAS these funds are used to subcontract with agencies to prevent and reduce the incidence of drug and alcohol abuse and dependency; and WHEREAS these contracts were awarded through the County’s competitive bidding process; and WHEREAS acceptance of this grant does not obligate the County to any future commitment; and WHEREAS the grant agreement has been submitted through the County Executive’s Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the 2008/2009 Substance Use Disorder Grant from the Michigan Department of Community Health in the amount of $4,792,578. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant agreement and to approve minor changes and grant extensions, not to exceed fifteen (15) percent variance from the original award. BE IT FURTHER RESOLVED that the future level of service, including personnel, be contingent upon the level of funding for this program. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Grant Review Sign Off – Health and Human Services/Health Division and Fiscal Year 2008/2009 Substance Use Disorder Grant Acceptance on file in County Clerk’s office. FISCAL NOTE (MISC. #08236) BY: Finance Committee, Mike Rogers, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION – 2008/2009 SUBSTANCE USE DISORDER 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 Department of Health and Human Services/Health Division has been awarded by the Michigan Department of Community Health (MDCH) $4,792,578 in Substance Abuse Grant funds. 2. Funds will be used to subcontract with agencies to prevent and reduce the incidence of drug and alcohol abuse and dependency. 3. The grant period extends from October 1, 2008 through September 30, 2009. Commissioners Minutes Continued. November 6, 2008 924 4. An amendment to the Fiscal Year 2009 Adopted Budget is recommended as follows: FY 2009 FY 2009 FY 2009 Adopted Adjustment Amended FUND #28249 GR0000000203 Budget Ref: 2009, Activity:A, Type: GLB Revenue 1060261-134790-610313 Health Grants – Fed. $4,742,245 $ 50,333 $4,792,578 Expenditures 1060261-133685-730373 Health - Contract Svs.$ 100,000 $ 50,333 $ 150,333 1060261-133405-730373 Health - Contract Svs. 387,898 242,802 630,700 1060261-133950-730366 Health - Contract Adm. 239,498 0 239,498 1060261-134790-730373 Health - Contract Adm. 337,754 7,698 345,452 1060261-134790-730373 Health - Contract Svs. 3,132,154 (348,493) 2,783,661 1060261-134790-730373 Health - Indirect Cost 22,221 90,188 112,409 1060261-134800-730373 Health - Contract Svs. 522,720 7,805 530,525 $4,742,245 $ 50,333 $4,792,578 FINANCE COMMITTEE (The vote for this motion appears on page 937.) *MISCELLANEOUS RESOLUTION #08237 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 (ENVIRONMENTAL WOOD SOLUTIONS, INC. PROJECT) – CHARTER TOWNSHIP OF ORION 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 (Environmental Wood Solutions, 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. 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 Environmental Wood Solutions, Inc., Township of Orion, EDC #08-06 on file in County Clerk’s office. Commissioners Minutes Continued. November 6, 2008 925 (The vote for this motion appears on page 937.) *MISCELLANEOUS RESOLUTION #08238 BY: Planning and Building Committee, Sue Ann Douglas, Chairperson IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION CONFIRMING APPOINTMENT OF ADDITIONAL EDC DIRECTORS (ENVIRONMENTAL WOOD SOLUTIONS, INC. PROJECT) – CHARTER TOWNSHIP OF ORION 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 (Environmental Wood Solutions, 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 Gerald Dywasuk and Richard Hein, who are representative of neighborhood residents and business interests likely to be affected by said Project, to the Board of Directors of The Economic Development Corporation of the County of Oakland are hereby confirmed in accordance with Section 4(2) of the Act, and such additional Directors shall cease to serve when the Project is either abandoned or, if undertaken, is completed in accordance with the Project Plan therefor. 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 Environmental Wood Solutions Project (Township of Orion) on file in County Clerk’s office. (The vote for this motion appears on page 937.) *REPORT (MISC. #08231) BY: Personnel Committee, Tom Middleton, Chairperson IN RE: DRAIN COMMISSIONER – RE-TITLE CLASSIFICATIONS TO REFLECT DEPARTMENT NAME CHANGE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee having reviewed Miscellaneous Resolution #08231 on October 29, 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 #08231 BY: Planning and Building Committee, Sue Ann Douglas, Chairperson IN RE: DRAIN COMMISSIONER – RE-TITLE CLASSIFICATIONS TO REFLECT DEPARTMENT NAME CHANGE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution #08183 authorized the name change of the Office of the Oakland County Drain Commissioner to the Office of the Oakland County Water Resources Commissioner; and WHEREAS the name change shall take effect on November 5, 2008; and Commissioners Minutes Continued. November 6, 2008 926 WHEREAS it is proposed to change the titles of the following classifications and corresponding positions to be consistent with the new department title. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes re- titling the following classifications with no change in salary or status: Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE *MISCELLANEOUS RESOLUTION #08232 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: COUNTY EXECUTIVE, EMERGENCY RESPONSE AND PREPAREDNESS - OUTDOOR WARNING SYSTEM EXPANSION – TOWNSHIPS OF ADDISON, OAKLAND, ORION AND OXFORD To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution No.'s 7865, 7971, and 8664 accepted federal grants to defray a portion of the costs in purchasing sirens to be utilized within the Oakland County Outdoor Warning System; and WHEREAS the County share of the costs will remain at twenty-five percent as has been the policy previously established by the Board of Commissioners by various Miscellaneous Resolutions, whereby local units pay seventy-five percent with the County being responsible for the maintenance and electrical costs for the sirens purchased; and WHEREAS the Townships of Addison, Oakland, Orion and Oxford, have executed the attached Interlocal Agreement; and WHEREAS the Townships of Addison, Oakland, Orion and Oxford have agreed to pay seventy-five percent of the total estimated cost of one siren; and From To Drain Commissioner (6010101- 02884) Water Resources Commissioner Chief Deputy Drain Commissioner (6010101- 02176) Chief Deputy Water Resources Commissioner Drain Community Liaison (6010101-09672) WRC Community Liaison Drain Crew Leader - Pump Maintenance (6010208-06811, -06845), (6010209-00656) WRC Crew Leader - Pump Maintenance Drain Crew Leader – Sewage Treatment (6010209-00228),(6010209-06248) WRC Crew Leader – Sewage Treatment Drain Crew Leader – Water & Sewer (6010205-00297),(6010205-00308), (6010207-00307),(601020-07189),(6010207- 09784), (6010207-10248) WRC Crew Leader – Water & Sewer Drain Easement Coordinator (6010318-02577) WRC Easement Coordinator Drain Electrical Systems Coordinator (6010208- 07764) WRC Electrical Systems Coordinator Drain GIS/CAD Technician I (6010105-02137, -01755, -02137, -06523, -07085, -09091, -09092, -09981, -10245, -10246) (6010305-09273), (6010317- 01815) WRC GIS/CAD Technician I Drain GIS/CAD Technician II (6010105-00313) WRC GIS/CAD Technician II Drain Operations Clerk (6010205-03381), (6010207-00528), (6010208- 06856), (6010214-06896), (6010318-02998), (6010326-06242), WRC Operations Clerk Drain Time & Labor Supervisor (6010101-01048) WRC Time & Labor Supervisor Chief - Drain Administrative Services (6010101- 09781) Chief – WRC Administrative Services Staff Assistant – Drain (6010101-03117) Staff Assistant – WRC Administrative Assistant – Drain (6010101-05218) Administrative Assistant – WRC Commissioners Minutes Continued. November 6, 2008 927 WHEREAS consistent with the attached standard agreement, the Townships of Addison, Oakland, Orion and Oxford agrees that Oakland County will retain ownership of the siren and will be responsible for the maintenance and the electrical costs for said siren purchased under this agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorize the contract with the Townships of Addison, Oakland, Orion and Oxford for the purchase of one outdoor warning siren. BE IT FURTHER RESOLVED that the expenditure of this appropriation is contingent upon the execution of the attached written agreement between the County and the Townships of Addison, Oakland, Orion and Oxford. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE SEVERE WEATHER WARNING SYSTEM INTERLOCAL AGREEMENT BETWEEN OAKLAND COUNTY AND THE TOWNSHIPS OF ADDISON, OAKLAND, ORION AND OXFORD This Interlocal Agreement ("the Agreement") is made between Oakland County, a Constitutional and Municipal Corporation, 1200 North Telegraph, Pontiac, Michigan 48341 ("County"), and the Townships (“Municipalities”) of: Addison, 1440 Rochester Road, Leonard, Michigan 48367 Oakland, 4393 Collins Road, Rochester, Michigan 48306 Orion, 2525 Joslyn Road, Lake Orion, Michigan 48360 Oxford, 300 Dunlap Road, Box 3, Oxford, Michigan 48371 In this Agreement, the County and the Municipalities 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 Municipalities enter into this Agreement for the purpose of adding the Municipalities to the County's outdoor warning system. 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 non-possessive, shall be defined, read, and interpreted as follows. 1.1. 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. 1.2. County means Oakland County, a Municipal and Constitutional Corporation including, but not limited to, any and all of its departments, divisions, the County Board of Commissioners, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, subcontractors, volunteers, and/or any such persons’ successors. 1.3 Municipalities means the Townships of Addison, Oakland, Orion and Oxford, Constitutional Corporations including, but not limited to, their Councils, any and all of their departments, divisions, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, subcontractors, volunteers, and/or any such persons’ successors. 2. COUNTY RESPONSIBILITIES. Subject to the terms and conditions contained in this Agreement, and applicable changes in law, the County shall provide the following: 2.1 Install one (1) siren within a Municipality at the location designated by the Municipalities. 2.2 Provide for maintenance of the siren. 2.3 Provide for electrical costs of the siren. 3. MUNICIPALITIES'S RESPONSIBILITIES. Subject to the terms and conditions contained in this Agreement, and applicable changes in law, the Municipalities shall provide the following: 3.1 Pay four-thousand, three-hundred, twelve dollars and fifty cents ($4,312.50) per Municipality for the installation of the siren ($17,250 total). Payment is to be made within thirty (30) days after installation of the siren. Commissioners Minutes Continued. November 6, 2008 928 3.2 Provide operational status reporting during the first Saturday of the month siren test (March through November) if requested. 3.3 Bear all costs associated with any siren relocation. 3.4 Municipalities acknowledge that the County will retain ownership of the siren. 3.5 To the maximum extent provided by law, if there is any amount past due under this Agreement, the County has the right to set-off that amount from any amount due to the Municipalities from the County, including, but not limited to distributions from the Delinquent Tax Revolving Fund. 4. DURATION OF INTERLOCAL AGREEMENT. 4.1 The Agreement and any amendments hereto shall be effective when executed by both Parties with resolutions passed by the governing bodies of each Party, and when the Agreement is filed with the Clerk of each County where the Parties are located. The Agreement shall be filed with the Secretary of State of the State of Michigan pursuant to MCL 124.510. 4.2 This Agreement shall remain in effect until cancelled or terminated by either Party pursuant to Section 6. 5. ASSURANCES. 5.1 Each Party shall be responsible for its own acts and the acts of its employees, agents, and subcontractors, the costs associated with those acts, and the defense of those acts. 6. TERMINATION OR CANCELLATION OF AGREEMENT. 6.1. Any Party may terminate or cancel this Agreement for any reason upon thirty (30) days notice before the effective date of termination or cancellation. The effective date for termination or cancellation shall be clearly stated in the notice. 6.2. The Parties shall not be obligated to pay a cancellation or termination fee, if this Agreement is cancelled or terminated as provided herein. 7. SUSPENSION OF SERVICES. Upon notice to the Municipalities, the County may immediately suspend this Agreement or the Municipalities’ participation in the outdoor warning system, if the Municipalities have failed to reasonably comply, within the County's discretion, with federal, state, or local law, or any requirements contained in this Agreement. The right to suspend services is in addition to the right to terminate or cancel this Agreement contained in Section 6. The County shall incur no penalty, expense, or liability if services are suspended under this Section. 8. 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 Municipalities. 9. COMPLIANCE WITH LAWS. Each Party shall comply with all federal, state, and local statutes, ordinances, regulations, administrative rules, and requirements applicable to its activities performed under this Agreement, including, but not limited to, the policies, procedures, rules and regulations attached as Exhibits to this Agreement, and properly promulgated amendments to those Exhibits. 10. 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. 11. 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 for its employees and/or agents 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. 12. 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. 13. 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. Commissioners Minutes Continued. November 6, 2008 929 14. DELEGATION/SUBCONTRACT/ASSIGNMENT. A Party shall not delegate, subcontract, and/or assign any obligations or rights under this Agreement without the prior written consent of the other Party. A delegation, subcontract and/or assignment made without the prior written consent of the other Party is void. 15. 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. 16. 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. 17. 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. 18. 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 department 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. 18.1. If Notice is sent to the County, it shall be addressed and sent to: Oakland County Emergency Response and Preparedness, 1200 N. Telegraph, County Service Center, Pontiac, MI 48341 and Chairperson of the Oakland County Board of Commissioners, 1200 North Telegraph, Building 12 East, Pontiac, Michigan 48341. 18.2 If Notice is sent to the Municipalities, it shall be addressed to: The Chief Elected Official of the Municipalities at the addresses listed on the first page of this Agreement. 18.3 Any Party may change the address and/or individual to which Notice is sent by notifying the other Party in writing of the change. 19. GOVERNING LAW/CONSENT TO JURISDICTION. 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 Sixth Judicial Circuit Court of the State of Michigan, the Fifth 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. 20. AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications, amendments, recissions, waivers, or releases to this Agreement must be in writing and agreed to by both Parties. Unless otherwise agreed, the modification, amendment, recission, waiver, or release shall be signed by the same persons who signed the Agreement or other persons as authorized by the Parties' governing body. 21. 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 including previous siren purchase agreements. 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. ______________________________ __________________________ Authorized Agent of Addison Township Date ______________________________ __________________________ Authorized Agent of Oakland Township Date ______________________________ __________________________ Authorized Agent of Orion Township Date ______________________________ __________________________ Commissioners Minutes Continued. November 6, 2008 930 Authorized Agent of Oxford Township Date _______________________________ __________________________ Chairperson, Oakland County Board of Date Commissioners FISCAL NOTE (MISC. #08232) BY: Finance Committee, Mike Rogers, Chairperson IN RE: COUNTY EXECUTIVE, EMERGENCY RESPONSE AND PREPAREDNESS – OUTDOOR WARNING SYSTEM EXPANSION – TOWNSHIPS OF ADDISON, OAKLAND, ORION AND OXFORD To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: 1. The resolution recognizes that the Townships of Addison, Oakland, Orion and Oxford have issued a purchase agreement for the purchase of one (1) warning siren and have requested to become part of the County’s centrally activated tornado warning system. 2. The total cost of the siren is $23,000. 3. The Townships of Addison, Oakland, Orion and Oxford have agreed to pay $17,250, seventy- five percent (75%) of the estimated cost of the siren. 4. The County of Oakland will pay twenty-five percent (25%) of the estimated cost of $5,750. 5. Consistent with past agreements, the County will retain ownership and be responsible for the maintenance and electrical costs for the siren. 6. Funds are available in the Fiscal Year 2009 Emergency Response and Preparedness budget to cover cost. 7. No budget amendments are recommended. FINANCE COMMITTEE (The vote for this motion appears on page 937.) *MISCELLANEOUS RESOLUTION #08239 By: Public Services Committee, Jeff Potter, Chairperson IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS - ACCEPTANCE FOR 2007 FEMA STATE HOMELAND SECURITY GRANT PROGRAM - OAKLAND COUNTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS funding was released under the U.S. Department of Homeland Security, through the Federal Emergency Management Agency (FEMA), for the State Homeland Security Grant Program; and WHEREAS the State of Michigan has awarded Oakland County reimbursement for qualified expenses up to, but not exceeding $643,486.07 for the State Homeland Security Program; $523,180.93 for the Law Enforcement Terrorism Prevention Program; and $1,145,037.91 for the Urban Area Security Initiative for a total of $2,311,704.61 during the period of July 1, 2007 through March 31, 2010; and WHEREAS this funding will be leveraged to support the four mission areas of homeland security (prevent, protect, respond, and recover) and address the 8 national priorities and 37 target capabilities as they relate to terrorism. In addition, the grant will support implementation of the National Preparedness Goal, the National Incident Management System (NIMS), and the National Response Framework (NRF); and WHEREAS the Oakland County Grant Allocation Committee will determine projects in the solution areas of Planning, Training, Equipment and Exercise to undertake with this funding that will improve Oakland County’s overall ability to prevent, respond to, and recover from a chemical, biological, radiological, nuclear, explosive weapons of mass destruction (CBRNE/WMD) terrorism incident; and WHEREAS Oakland County Emergency Response and Preparedness is requesting to continue two (2) Special Revenue full-time eligible ERP-Regional SAP; and WHEREAS due to the late receipt of the agreement from the State and need to immediately begin incurring expenses, the Agreement has been sent to the Board of Commissioners Chair for signature prior to completion of review by the County Executive’s Contract Review Process and the Board of Commissioners’ Grant Procedures. Commissioners Minutes Continued. November 6, 2008 931 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the grant funding from the State of Michigan in an amount up to $2,311,704.61 with no county match or in- kind match required. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes its Chairperson or his designee to execute and enter into this agreement on behalf of the County of Oakland. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners continues to fund two (2) special revenue full-time eligible ERP-Regional SAP, positions #10296 and 10520 through the performance period of the grant. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant agreement and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Grant Review Sign Off – County Executive Emergency Response and Preparedness and State of Michigan 2007 Homeland Security Grant Program Grant Agreement on file in County Clerk’s office. FISCAL NOTE (MISC. #08239) BY: Finance Committee, Mike Rogers, Chairperson IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS – ACCEPTANCE FOR 2007 FEMA STATE HOMELAND SECURITY GRANT PROGRAM – OAKLAND COUNTY 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 U.S. Department of Homeland Security, through the Federal Emergency Management Agency (FEMA) for the State Homeland Security Grant Program, has awarded Oakland County reimbursement for qualified expenses up to, but not exceeding $643,487 for the State Homeland Security Program; $523,180 for the Law Enforcement Terrorism Prevention Program; $1,145,038 for the Urban Area Security Initiative, for a total of $2,311,705. 2. The grant period is July 1, 2007 through March 31, 2010. 3. The US Department of Homeland Security Program is comprised of four mission areas of homeland security (prevent, protect, respond, and recover) and addresses the 8 national priorities and 37 target capabilities as they relate to terrorism. 4. The grant will also support implementation of the National Preparedness Goal, the National Incident Management System (NIMS), and the National Response Framework (NRF). 5. The grant award continues funding for two (2) special revenue full-time eligible ERP-Regional SAP, positions #10296 and #10520 previously created with Homeland Security Grant per Miscellaneous Resolution #06246, which has since expired. 6. A budget amendment is recommended to the Fiscal Year 2009 Budget to recognize the grant award as follows: FY 2009 FY 2009 FY 2009 Grant Adopted Amendment Total FUND #29340 GR0000000397 Budget Ref: 2008, Activity: A, Ana. Type: GLB Revenue 1010115-115125-610313 Federal Grant Rev $244,019 $2,067,686 $2,311,705 Expenditures - State Homeland Security Program 1010115-115125-702010 Salaries $106,636 106,636 1010115-115125-722770 Fringe Benefits 137,383 137,383 1010115-115125-750077 Disaster Supp. 0 689,228 689,228 1010115-115125-750154 Expendable Equip. 0 689,229 689,229 1010115-115125-760126 Capital Outlay-Misc. 0 689,229 689,229 Commissioners Minutes Continued. November 6, 2008 932 Total Expenditures $244,019 $2,067,686 $2,311,705 FINANCE COMMITTEE *MISCELLANEOUS RESOLUTION #08240 By: Public Services Committee, Jeff Potter, Chairperson IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS - ACCEPTANCE FOR 2007 FEMA STATE HOMELAND SECURITY GRANT PROGRAM – MONROE COUNTY FIDUCIARY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS funding was released from the United States Department of Homeland Security, Federal Emergency Management Agency (FEMA) to the State of Michigan for the 2007 Homeland Security Grant Program; and WHEREAS the Michigan Homeland Protection Board continues to support Regional Homeland Security Planning Boards throughout the state; and WHEREAS the State has awarded a 2007 Homeland Security Grant to each jurisdiction within Region 2 in the State including the following political subdivisions: City of Detroit and Macomb, Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties; and WHEREAS the County of Monroe has requested the Oakland County serve as fiduciary for that county’s State Homeland Security Grant Award; and WHEREAS the State of Michigan has awarded Oakland County as fiduciary for Monroe County reimbursement for qualified expenses up to, but not exceeding $196,241.95 for the State Homeland Security Program; $159,552.86 for the Law Enforcement Terrorism Prevention Program; and $522,956.84 for the Urban Area Security Initiative for a total of $878,751.65 during the period of July 1, 2007 through March 31, 2010; and WHEREAS due to the late receipt of the agreement from the State and need to immediately begin incurring expenses, the Agreement has been sent to the Board of Commissioners Chair for signature prior to completion of review by the County Executive’s Contract Review Process and the Board of Commissioners’ Grant Procedures; and WHEREAS Oakland County Corporation Counsel has developed the attached Interlocal agreement and exhibits to be used for the 2007 State Homeland Security Grant Program. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the position of Fiduciary and Subgrantee for Monroe County for the 2007 State Homeland Security Grant and accepts the grant funds in an amount up to $878,751.65 with no county match or in-kind contribution required. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes its Chairperson or his designee to execute and enter into this agreement on behalf of the County of Oakland. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves the attached Interlocal agreement and exhibits and authorizes its chairperson to execute such Agreement and all other related documents between Oakland County and the County of Monroe. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the Grant Agreement and to approve an grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original agreement as approved. BE IT FURTHER RESOLVED that all positions and other program costs associated with this grant are contingent upon continuation of grant funding. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Grant Review Sign Off – County Executive/Emergency Response and Preparedness and State of Michigan 2007 Homeland Security Grant Program Grant Agreement on file in County Clerk’s office. Commissioners Minutes Continued. November 6, 2008 933 FISCAL NOTE (MISC. #08240) BY: Finance Committee, Mike Rogers, Chairperson IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS – ACCEPTANCE FOR 2007 FEMA STATE HOMELAND SECURITY GRANT PROGRAM – MONROE COUNTY FIDUCIARY 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 U.S. Department of Homeland Security, through the Federal Emergency Management Agency (FEMA) for the State Homeland Security Grant Program, has awarded Region 2, in the State, $878,752, which includes, but is not limited to the following political subdivisions: City of Detroit and Macomb, Monroe, Oakland, St Clair, Washtenaw, and Wayne Counties. 2. The State of Michigan has awarded Oakland County as Fiduciary and Subgrantee for Monroe County reimbursement for qualified expenses up to, but not exceeding $196,242 for the State Homeland Security Program; $159,553 for the Law Enforcement Terrorism Prevention Program; and $522,957 for the Urban Area Security Initiative for a total of $878,752, with no county match or in-kind contribution required. 3. The grant period is July 1, 2007 through March 31, 2010. 4. A budget amendment is recommended to the Fiscal Year 2009 Budget to recognize the grant award as follows: FY 2009 Grant Total FUND #29340 GR0000000398 Budget Ref: 2008, Activity: A, Ana. Type GLB Revenue 1010115-115126-610313 Federal Grant Rev. $878,752 Expenditures 1010115-115126-750567 Trning-Edu. Supp. $292,917 1010115-115126-760126 Capital Outlay Misc. 292,917 1010115-115127-760157 Equipment 292,918 Total Expenditures $878,752 FINANCE COMMITTEE (The vote for this motion appears on page 937.) *MISCELLANEOUS RESOLUTION #08241 By: Public Services Committee, Jeff Potter, Chairperson IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS - ACCEPTANCE FOR 2006 STATE HOMELAND SECURITY GRANT PROGRAM – AMENDMENT 1 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS funding was released from the United States Department of Homeland Security to the State of Michigan for the 2006 State Homeland Security Grant program; and WHEREAS the State has awarded a 2006 Homeland Security Grant to Region 2 in the State which includes, but is not limited to the following political subdivisions: City of Detroit and Macomb, Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties; and WHEREAS the Oakland County Board of Commissioners adopted Miscellaneous Resolution #06246 on December 14, 2006 to accept a 2006 State Homeland Security Grant in the amount of $18,557,393 to serve as fiduciary agent for Region 2; and WHEREAS the political subdivisions within Region 2 were required to sign an Interlocal Funding Agreement with Oakland County before funds could be expended on their behalf; and WHEREAS the City of Detroit has refused to sign the required Interlocal Agreement; and WHEREAS the City of Detroit has entered into an agreement with the Michigan State Police, Emergency Management Division to administer all funds allocated to them by the Region 2 Homeland Security Board; and Commissioners Minutes Continued. November 6, 2008 934 WHEREAS Oakland County has drafted Amendment 1 to the original grant agreement to relieve Oakland County of its fiduciary responsibility for the City of Detroit; and WHEREAS Amendment 1 has been executed by the Michigan State Police, Emergency Management Division; and WHEREAS the 2006 State Homeland Security Grant award to Oakland County serving as regional fiduciary will be reduced to $1,957,170 for the State Homeland Security Grant Program, $1,177,308 for the Law Enforcement Terrorism Prevention Program, and $13,412,891 for the Urban Area Security Initiative, for a total of $16,547,369; and WHEREAS due to the late receipt of the amendment from the State, the Agreement has been sent to the Board of Commissioners Chair for prior to completion of review by the County Executive’s Contract Review Process and the Board of Commissioners’ Grant Procedures; and WHEREAS all other terms and conditions of the original grant agreement, other than those mentioned in Amendment 1, will remain in effect. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts Amendment 1 to the 2006 State Homeland Security Grant Agreement to amend the total award from $18,557,393 to $16,547,369 and relieve Oakland County of its fiduciary responsibilities for the City of Detroit. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes its Chairperson or his designee to execute this amendment on behalf of the County of Oakland. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the Grant Agreement and to approve any Grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original Agreement as approved. BE IT FURTHER RESOLVED that all positions and other program costs associated with this grant are contingent upon continuation of grant funding. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Grant Review Sign Off – County Executive/Emergency Response and Preparedness and Amendment 1 to the State of Michigan 2006 Homeland Security Grant Program Grant Agreement on file in County Clerk’s office. FISCAL NOTE (MISC. #08241) BY: Finance Committee, Mike Rogers, Chairperson IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS – ACCEPTANCE FOR 2006 STATE HOMELAND SECURITY GRANT PROGRAM – AMENDMENT 1 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. Funding was released from the United States Department of Homeland Security to the State of Michigan for the 2006 Homeland Security Program per Miscellaneous Resolution #06246, in the amount of $18,557,393. This Amendment reduces the original award from $18,557,393 to $16,547,369 and relieves Oakland County of its fiduciary responsibilities to the City of Detroit. The City of Detroit has entered into an agreement with the Michigan State Police, Emergency Management Division, to administer all funds allocated to them by the Region 2, Homeland Security Board. 2. The grant period is from July 1, 2006 thru June 30, 2009. 3. The original political subdivision within Region 2 (City of Detroit, Macomb, Monroe, Oakland, St Clair, Washtenaw, and Wayne Counties) were required to sign an Interlocal Funding Agreement with Oakland County, who serves as fiduciary agent for Region 2, before funds could be expended on their behalf. 4. The amended 2006 State Homeland Security Grant award to Oakland County serving as regional fiduciary will be reduced to $1,957,170 for the State Homeland Security Grant Program, $1,177,308 for the Law Enforcement Terrorism Prevention Program, and $13,412,891 for the Urban Area Security initiative, for a total of $16,547,369 and relieves Oakland County of fiduciary responsibilities to the City of Detroit. Commissioners Minutes Continued. November 6, 2008 935 5. No budget amendment is recommended as the County was only required to budget funds related to the cost of staff for overseeing the original grant award of $18,557,393. FINANCE COMMITTEE (The vote for this motion appears on page 937.) *MISCELLANEOUS RESOLUTION #08242 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: CIRCUIT COURT/FRIEND OF THE COURT - 2009 ACCESS AND VISITATION GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the State Court Administrative Office (SCAO) has awarded the Friend of the Court grant funding in the amount of $24,621 for the period of October 1, 2008 through September 30, 2009; and WHEREAS there are no required matching funds from HAVEN, or the Oakland County Friend of the Court; and WHEREAS this grant is for services to be performed in conjunction with HAVEN, which facilitates parenting time (visitation) for certain cases as determined by the Court; and WHEREAS matching funds are not required by the grant from HAVEN or the Oakland County Friend of the Court. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Fiscal Year 2009 Access and Visitation Grant in the amount of $24,621. BE IT FURTHER RESOLVED that the Oakland County Friend of the Court will contract with HAVEN to provide services as detailed in the grant award. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute this agreement and to approve amendments and extensions up to fifteen (15%) percent variance from the award. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution PUBLIC SERVICES COMMITTEE Copy of Grant Review Sign Off – Friend of the Court, Access and Visitation Grant Award Amendment Fiscal Year 2009, Access and Visitation Grant Award History, and Agreement between Michigan Supreme Court State Court Administrative Office and 6th Circuit Court Oakland County Friend of the Court on file in County Clerk’s office. FISCAL NOTE (MISC. #08242) BY: Finance Committee, Mike Rogers, Chairperson IN RE: CIRCUIT COURT/FRIEND OF THE COURT – 2009 ACCESS AND VISITATION 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 Oakland County Friend of the Court (FOC) has been awarded a Federal Access and Visitation Grant through the State Court Administrative Office (SCAO) in the amount of $24,621. The grant period is October 1, 2008 through September 30, 2009. 2. The grant is for services to be performed in conjunction with agencies that facilitate parenting time (visitation) for certain cases as determined by the court. 3. The FOC will contract with HAVEN to provide the supervised parenting time; in addition, HAVEN nor the FOC are required to provide matching funds or services as stated in previous years grant awards. 4. The County will incur no additional costs in the acceptance of this grant; the total grant budget is $24,621. Commissioners Minutes Continued. November 6, 2008 936 5. The Fiscal Year 2009 Adopted Budget is $24,000 therefore an amendment of $621 is recommended. 6. A budget amendment is recommended to the Fiscal Year 2009 Special Revenue budget as follows: FUND 27120 – FOC ACCESS VISITATION FY 2009 Revenue 3010401-126030-615571 Grants-State $621 Expenditure 3010401-126030-731458 Professional Services $621 $ 0 FINANCE COMMITTEE (The vote for this motion appears on page 937.) *MISCELLANEOUS RESOLUTION #08243 BY: Public Services Committees, Jeff Potter, Chairperson IN RE: COMMUNITY CORRECTIONS - USER NOTICE AND WARNING, AND LICENSE AND USE INTERGOVERNMENTAL AGREEMENT FOR THE C*STAR DATABASE BY WATERFORD 51ST, NOVI 52-1 AND CLARKSTON 52-2 DISTRICT COURTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Community Correction Division in conjunction with the Department of Information Technology have created a database called C*Star; and WHEREAS C*Star was created to track information on offenders who enter programs operated or paid for by the Community Corrections Division; and WHEREAS this information may include, but is not limited to, program enrollment, participation, client/offender progress, demographics, and criminal history; and WHEREAS some of this information is considered confidential and restricted by law; and WHEREAS this information may be useful to other criminal justice agencies, such as the Michigan Department of Corrections, Field Operations and District Court Probation in the creation of sentencing recommendations and/or in determining compliance with conditions of probation; and WHEREAS other criminal justice agencies would be able to access this database through the Oak Source portal; and WHEREAS the sharing of this information with other agencies requires a policy as to the access, use, and distribution of this information; and Whereas Community Corrections and Information Technology, with the assistance of Corporation Counsel, have developed a License and Use Intergovernmental Agreement; and WHEREAS the Waterford 51st, Novi 52-1 and Clarkston 52-2 District Courts have requested access to the information contained in C*Star; and WHEREAS the sharing of information that is useful to criminal justice agencies increases the public safety and improves the effectiveness of criminal justice programs; and WHEREAS the citizens of Oakland County will benefit from this collaboration; and WHEREAS 1967 PA 7, being MCL 124.501 et. seq., authorizes the Board of Commissioners to enter into written agreements with other governmental entities to perform services jointly or to share resources. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the attached intergovernmental agreement authorizing the use of the C*Star software and data by the Waterford 51st, Novi 52-1 and Clarkston 52-2 District Courts. BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the Agreement on behalf of Oakland County and thereby accept and bind Oakland County to the terms and conditions of the Agreement. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Commissioners Minutes Continued. November 6, 2008 937 Vote on Consent Agenda: AYES: Burns, Clark, Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Greimel, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack. (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 Rogers stated there was nothing to report on the Regular Agenda. MISCELLANEOUS RESOLUTION #08244 BY: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – FOURTH QUARTER 2008 DEVELOPMENT APPROPRIATION TRANSFER To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS all development cost is incorporated as a single appropriation within the non-departmental budget, and then an amount equal to the actual expense is transferred to the user department with a summary report to the Finance Committee; and WHEREAS the Department of Information Technology has determined the Fourth Quarter 2008 development charges to be $1,518,883.37 and the imaging development charge to be $15,676.52 for the General Fund/General Purpose County departments; and WHEREAS direct charges to Special Revenue and Proprietary fund departments are $701,952.39, non- governmental imaging development are $10,353.60, and non-county agencies are $1,533.00 for the Fourth Quarter 2008; and WHEREAS an appropriation transfer to General Fund/General Purpose County departments is needed to fund these development charges. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners has reviewed the Fourth Quarter 2008 Development Report and approves the Fourth Quarter appropriation transfer as specified on the attached schedule. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Information Technology Development Summary 4th Quarter 2008, and Information Technology – Reserve Fund Development/Support Detail – Fourth Quarter, 2008 on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. REPORT (MISC. #08182) BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – ESTABLISH OAKLAND COUNTY SENIORS STUDY GROUP To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above - referenced resolution on October 27, 2008, reports with the recommendation that the 1st BE IT FURTHER RESOLVED paragraph be amended, as follows: BE IT FURTHER RESOLVED that the General Government Committee shall appoint the membership of the Oakland County Seniors Study Group, which should include: Commissioner Helaine Zack, Chairperson 2 Majority Party Commissioners 1 Minority Party Commissioners 1 representative from the Health and Human Services Department 1 representative from the Area Agency on Aging 1-B Commissioners Minutes Continued. November 6, 2008 938 1 representative from Oakland Livingston Human Services Agency 1 representative from United Way for Southeast Michigan 1 representative from the medical community 1 representative/director of a senior center 1 representative from the Oakland County Senior Advisory Council 1 representative from local government 1 member of the general public 1 member of Catholic Social Services Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #08182 BY: Commissioners Helaine Zack, Bradford C. Jacobsen, Karen Spector, Tim Burns, Marcia Gershenson IN RE: BOARD OF COMMISSIONERS – ESTABLISH OAKLAND COUNTY SENIORS STUDY GROUP To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the first Baby Boomers, who were born between 1946 and 1964, begin qualifying for Social Security retirement benefits in 2008. This has been referred to as the “Silver Tsunami” that is about to hit Oakland County; and WHEREAS it is projected that Oakland County will experience an unprecedented older adult population growth, and the number of seniors will double by 2030; and WHEREAS it is anticipated that by 2020, 29 of Oakland County’s 61 communities will have more seniors over the age of 65 than school-age children; and WHEREAS surveys indicate that 59% of Baby Boomers plan to relocate in their retirement years. This could be a devastating loss to local communities, Oakland County, our region and the State of Michigan; and WHEREAS according to the U.S. Census Bureau, the median income for an Oakland County householder age 65 and older in 2006 was $38,838, most of which is income from social security, a pension, or investment earnings that are imported into our local economy; and on average seniors spend 92% of their monthly income each month; and WHEREAS it is incumbent upon community leaders to be proactive in addressing this impending senior population boom by being prepared to provide services and create conditions that will encourage older adults to remain in and relocate to Oakland County and our region; and WHEREAS it would be beneficial for the Oakland County Commissioners and Oakland County Executive Administration to work with service providers and local communities to assess the needs of senior citizens and prepare a county-wide strategic plan to create “Elder-Friendly” communities that are sensitive to the needs of older adults, and offer a social and physical infrastructure that makes older adults want to remain in Oakland County throughout their retirement years. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby establishes an Oakland County Seniors Study Group for the purpose of assessing the current and future needs of a growing older adult population in Oakland County. BE IT FURTHER RESOLVED that the Oakland County Seniors Study Group is to recommend a strategic plan that identifies existing, as well as, needed resources throughout Oakland County which will enable the County and local communities to provide “Elder-Friendly” services that are accessible and affordable, including, but not limited to: housing options; mobility features, like public transportation and walkable areas; attractive social, recreational, and leisure activities; opportunities for civic engagement; and a strong safety net of social services with choices to support senior independence. BE IT FURTHER RESOLVED that the membership of the Oakland County Seniors Study Group should include: Commissioner Helaine Zack, Chairperson 2 Majority Party Commissioners 1 Minority Party Commissioner 1 representative from the Health and Human Services Department 1 representative from the Area Agency on Aging1-B Commissioners Minutes Continued. November 6, 2008 939 1 representative from Oakland Livingston Human Services Agency 1 representative from United Way for Southeast Michigan 1 representative from the medical community 1 representative/director of a senior center 1 representative from the Oakland County Senior Advisory Council 1 representative from local government 1 member of the general public BE IT FURTHER RESOLVED that other interested individuals/organizations may be invited to join or offer assistance by the Chairperson of the Oakland County Seniors Study Group. BE IT FURTHER RESOLVED that the Oakland County Seniors Study Group shall report their findings and any recommendations by December 31, 2009, to the Oakland County Board of Commissioners and provide quarterly updates to the General Government Committee. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to County Executive L. Brooks Patterson, George Miller (Director of Oakland County’s Health and Human Services Department), the Area Agency on Aging, the Oakland Livingston Human Services Agency and United Way. Chairperson, we move the adoption of the foregoing resolution. HELAINE ZACK, BRADFORD JACOBSEN, KAREN SPECTOR, TIM BURNS, VINCENT GREGORY, JIM NASH, ERIC COLEMAN, DAVID COULTER, MARCIA GERSHENSON, BILL BULLARD, MICHAEL GINGELL, TOM MIDDLETON, ROBERT GOSSELIN, MIKE ROGERS, DAVID POTTS, SUE ANN DOUGLAS, JOHN SCOTT, EILEEN KOWALL, TIM GREIMEL, DAVID WOODWARD Moved by Long supported by Zack the resolution be adopted. Moved by Long supported by Zack the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Long supported by Zack the resolution be amended to coincide with the recommendation in the General Government Committee Report. A sufficient majority having voted in favor, the amendment carried. Discussion followed. Vote on resolution, as amended: AYES: Clark, Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Burns. (22) NAYS: None. (0) A sufficient majority having voted in favor, the resolution, as amended, was adopted. REPORT (MISC. 08229) BY: Finance Committee, Mike Rogers, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT - FISCAL YEAR 2009 COLLECTIVE BARGAINING AGREEMENT EXTENSION FOR EMPLOYEES REPRESENTED BY THE OAKLAND COUNTY PROSECUTOR’S INVESTIGATORS ASSOCIATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above - referenced resolution, recommends that the Commissioners Minutes Continued. November 6, 2008 940 resolution be adopted with an amendment to strike “seven” and insert “six” in the first WHEREAS paragraph. Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report. FINANCE COMMITTEE MISCELLANEOUS RESOLUTION #08229 BY: Personnel Committee, Thomas Middleton, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT - FISCAL YEAR 2009 COLLECTIVE BARGAINING AGREEMENT EXTENSION FOR EMPLOYEES REPRESENTED BY THE OAKLAND COUNTY PROSECUTOR’S INVESTIGATORS ASSOCIATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland and the Oakland County Prosecutor’s Investigators Association have negotiated an extension of the current collective bargaining agreement for Fiscal Year 2009 for approximately seven Prosecutor’s Investigators; and WHEREAS this agreement provides for a 1% increase effective with the pay period beginning September 27, 2008; and WHEREAS this agreement provides that health care for the employees represented by this bargaining unit will be consistent with the health care contribution increases provided for in Miscellaneous Resolution #07216 for Fiscal Year 2009, such modifications are to begin January 1, 2009; and WHEREAS the agreement has been reduced to writing in the form of a Memorandum of Agreement; and WHEREAS this agreement has been reviewed by your Personnel Committee, which recommends its approval. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the collective bargaining agreement extension between the County of Oakland and the Oakland County Prosecutor’s Investigators Association covering the period of October 1, 2008, through September 30, 2009, and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE Copy of Memorandum of Agreement on file in County Clerk’s office. FISCAL NOTE (MISC. #08229) BY: Finance Committee, Mike Rogers, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT - FISCAL YEAR 2009 COLLECTIVE BARGAINING AGREEMENT EXTENSION FOR EMPLOYEES REPRESENTED BY THE OAKLAND COUNTY PROSECUTOR’S INVESTIGATORS ASSOCIATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The County of Oakland and the Oakland County Prosecutor’s Investigators Association have previously negotiated a contract per Miscellaneous Resolution #05028 for the period October 1, 2004 through September 30, 2008. 2. The County of Oakland and the Oakland County Prosecutor’s Investigators Association have agreed to a contract extension for Fiscal Year 2009 (October 1, 2008 through September 30, 2009). 3. The employees represented by this bargaining unit will receive the same benefit modifications as general non-represented County employees for Fiscal Year 2009. 4. The Fiscal Year 2009 salary and related fringe benefit cost equals $5,909, (Salaries $3,666, Fringe Benefits $2,243). The General Fund amount equals $2,955 (Salaries $1,833, Fringe Benefits $1,122) with the remaining portion of the costs being absorbed by grant funding. 5. All costs have been included in the Fiscal Year 2009 and Fiscal Year 2010 Adopted Budget. No amendment is required. FINANCE COMMITTEE Commissioners Minutes Continued. November 6, 2008 941 Moved by Middleton supported by Hatchett the resolution (with fiscal note attached) be adopted. Moved by Middleton supported by Hatchett the Finance Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Middleton supported by Hatchett the resolution be amended to coincide with the recommendation in the Finance Committee Report. A sufficient majority having voted in favor, the amendment carried. Vote on resolution, as amended: AYES: Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack, Burns, Clark. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolution (with fiscal note attached), as amended, was adopted. REPORT (MISC. #08230) BY: Finance Committee, Mike Rogers, Chairperson IN RE: FISCAL YEAR 2009 COLLECTIVE BARGAINING AGREEMENT EXTENSION FOR EMPLOYEES REPRESENTED BY AFSCME COUNCIL 25 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above-referenced resolution, recommends that the resolution be adopted with an amendment to strike “five” and insert “four” in the first WHEREAS paragraph. Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report. FINANCE COMMITTEE MISCELLANEOUS RESOLUTION #08230 BY: Personnel Committee, Thomas Middleton, Chairperson IN RE: HUMAN RESOURCES - FISCAL YEAR 2009 COLLECTIVE BARGAINING AGREEMENT EXTENSION FOR EMPLOYEES REPRESENTED BY AFSCME COUNCIL 25 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland and AFSCME Council 25 have negotiated an extension of the current collective bargaining agreement for Fiscal Year 2009 for approximately five Board of Commissioner employees; and WHEREAS this agreement provides for a 1% increase effective with the pay period beginning September 27, 2008; and WHEREAS this agreement provides that health care for the employees represented by this bargaining unit will be consistent with the health care contribution increases provided for in Miscellaneous Resolution #07216 for Fiscal Year 2009, such modifications are to begin January 1, 2009; and WHEREAS this agreement will be extended through Fiscal Year 2009; and WHEREAS the agreement has been reduced to writing in the form of a Memorandum of Agreement; and WHEREAS this agreement has been reviewed by your Personnel Committee, which recommends its approval. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the collective bargaining agreement extension between the County of Oakland and AFSCME Council 25 covering the period of October 1, 2008, through September 30, 2009, and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached. Commissioners Minutes Continued. November 6, 2008 942 Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE Copy of Memorandum of Agreement on file in County Clerk’s office. FISCAL NOTE (MISC. #08230) BY: Finance Committee, Mike Rogers, Chairperson IN RE: HUMAN RESOURCES – FISCAL YEAR 2009 COLLECTIVE BARGAINING AGREEMENT EXTENSION FOR EMPLOYEES REPRESENTED BY AFSCME COUNCIL 25 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The County of Oakland and AFSCME Council 25 have negotiated an extension of the current collective bargaining agreement for Fiscal Year 2009 for approximately five Board of Commissioner employees. 2. The agreement provides for a 1% increase effective with the pay period beginning September 27, 2008. 3. The collective bargaining agreement extension covers the period of October 1, 2008 through September 30, 2009. 4. The agreement provides that health care for employees represented by this bargaining unit will be consistent with the health care contribution increases provided for in Miscellaneous Resolution #07216 for Fiscal Year 2009, beginning on January 1, 2009. 5. The 1% increase for all positions equals $2,946 (Salaries $2,098 and Fringe Benefits $848) and has been included in the Fiscal Year 2009/2010 Adopted General Fund Budget. FINANCE COMMITTEE Moved by Middleton supported by Greimel the resolution (with fiscal note attached) be adopted. Moved by Middleton supported by Greimel the Finance Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Middleton supported by Greimel the resolution be amended to coincide with the recommendation in the Finance Committee Report. A sufficient majority having voted in favor, the amendment carried. Vote on resolution, as amended: AYES: Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack, Burns, Clark, Coleman. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolution (with fiscal note attached), as amended, was adopted. Commissioner Douglas stated there was nothing to report on the Regular Agenda. REPORT (MISC. #08245) BY: Finance Committee, Mike Rogers, Chairperson IN RE: COUNTY EXECUTIVE – EMERGENCY RESPONSE AND PREPAREDNESS – ACCEPTANCE FROM 2007 FEMA STATE HOMELAND SECURITY GRANT PROGRAM – REGIONAL FIDUCIARY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Commissioners Minutes Continued. November 6, 2008 943 The Finance Committee, having reviewed the above referenced resolution on October 30, 2008, reports with the recommendation that the fiscal note be amended to change the second paragraph to read: The grant period is October 1, 2008 July 1, 2007 through March 31, 2010. Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report. FINANCE COMMITTEE MISCELLANEOUS RESOLUTION #08245 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS - ACCEPTANCE FOR 2007 FEMA STATE HOMELAND SECURITY GRANT PROGRAM – REGIONAL FIDUCIARY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS funding was released from the United States Department of Homeland Security, Federal Emergency Management Agency (FEMA) to the State of Michigan for the 2007 Homeland Security Grant Program; and WHEREAS the State has awarded a 2007 Homeland Security Grant to Region 2 in the State which includes, but is not limited to the following political subdivisions: City of Detroit and Macomb, Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties; and WHEREAS the Michigan Homeland Protection Board continues to support Regional Homeland Security Planning Boards throughout the state; and WHEREAS the Michigan Homeland Protection Board has charged the Regional Homeland Security Planning Boards to identify and prioritize how regionally awarded grant funds will be used within the regions; and WHEREAS the Regional Homeland Security Planning Board for Region 2 (“Region 2 Planning Board”) is comprised of the representatives from the above-listed political subdivisions; and WHEREAS the Region 2 Homeland Security Board is not a legal entity that can be a subgrantee for the Homeland Security Grant or that can manage and distribute the grant funds; and WHEREAS the Region 2 Planning Board has selected Oakland County to serve as fiduciary and subgrantee for the regional portion of the 2007 Homeland Security Grant Program; and WHEREAS the Urban Area Security Initiative award is $1,800,816.75; and WHEREAS $244,019.75 of the total award is allocated to Oakland County for Management and Administrative expenses to cover the period of October 1, 2008 through March 31, 2010; and WHEREAS the appointment of Oakland County as fiduciary and subgrantee for the 2007 State Homeland Security Grant Program requires the continuation of one (1) full-time eligible special revenue ERP-UASI Regional SAP in the Emergency Response and Preparedness Division position #10519; and WHEREAS the appointment of Oakland County as fiduciary and subgrantee for the 2007 State Homeland Security Grant requires the continuation of one (1) full-time non-eligible (2000 hr/year) Buyer II position in the Purchasing Division, position #10521; and WHEREAS due to the late receipt of the agreement from the State and need to immediately begin incurring expenses, the Agreement has been sent to the Board of Commissioners Chair for signature prior to completion of review by the County Executive’s Contract Review Process and the Board of Commissioners’ Grant Procedures; and WHEREAS Oakland County Corporation Counsel has developed the attached Interlocal agreement and exhibits to be used for the 2007 State Homeland Security Grant Program. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the position of Fiduciary and Subgrantee for the 2007 State Homeland Security Grant and accepts the grant funds in an amount up to $1,800,816.75 with no county match or in-kind contribution required. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes its Chairperson or his designee to execute and enter into this agreement on behalf of the County of Oakland. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves the attached Interlocal agreement and exhibits and authorizes its chairperson to execute such Agreement and all other related documents between Oakland County and the Political Subdivisions located in Region 2 of the State. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners continues to fund one (1) special revenue ERP-UASI Regional SAP, position #10519 through the performance period of the grant. Commissioners Minutes Continued. November 6, 2008 944 BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners continues to fund one (1) special revenue Buyer II, position #10521 through the performance period of the grant. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the Grant Agreement and to approve an grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original agreement as approved. BE IT FURTHER RESOLVED that all positions and other program costs associated with this grant are contingent upon continuation of grant funding. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Grant Review Sign Off – County Executive/Emergency Response and Preparedness, State of Michigan 2007 Homeland Security Grant Program Grant Agreement, and 2007 Homeland Security Grant Program Interlocal Funding Agreement on file in County Clerk’s office. FISCAL NOTE (MISC. #08245) BY: Finance Committee, Mike Rogers, Chairperson IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS – ACCEPTANCE FOR 2007 FEMA STATE HOMELAND SECURITY GRANT PROGRAM – REGIONAL FIDUCIARY 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 U.S. Department of Homeland Security, through the Federal Emergency Management Agency (FEMA) for the State Homeland Security Grant Program, has awarded Region 2, in the State, $1,800,817, which includes, but is not limited to the following political subdivisions: City of Detroit and Macomb, Monroe, Oakland, St Clair, Washtenaw, and Wayne Counties. 2. The grant period is July 1, 2007 through March 31, 2010. 3. The program provides funds to build capabilities for preventing, responding to and recovering from acts of domestic and foreign terrorism to address National Priorities and Target Capabilities as they relate to terrorism, and support the implementation of the National Preparedness Goal, National Incident Management System and National Response Framework. 4. Oakland County has been appointed by the Region 2 Planning Board as Fiduciary and Subgrantee for the 2007 State Homeland Security Grant and has been allocated $244,019 of the total award for Management and Administrative expenses, which covers the continuation of one (1) full time non-eligible (2000 hr/year) Buyer II, (position #10521), in the Purchasing Division, and one (1) full-time eligible special revenue ERP-UASI Regional SAP (position #10519) originally created with the Homeland Security Grant per Miscellaneous Resolution #06246, but has since expired. 5. A budget amendment is recommended to the Fiscal Year 2009 Budget to recognize the grant award as follows: FY 2009 FY 2009 FY 2009 Grant Adopted Amendment Total FUND #29340 GR0000000399 Budget Ref: 2008, Activity: A, Type: GLB Revenue 1010115-115127-610313 Federal Grant Rev. $250,000 $1,550,817 $1,800,817 Expenditures - State Homeland Security Program 1010115-115127-702010 Salaries $109,250 $ 109,250 1010115-115127-722770 Fringe Benefits 140,750 140,750 1010115-115127-750767 Trning - Dis. Supp. 0 525,599 525,599 1010115-115127-750154 Expendable Equip. 0 499,619 499,619 1010115-115127-760126 Capital Outlay - Misc. 0 525,599 525,599 Total Expenditures $250,000 $1,550,817 $1,800,817 FINANCE COMMITTEE Commissioners Minutes Continued. November 6, 2008 945 Moved by Potter supported by Spector the resolution (with fiscal note attached) be adopted. Moved by Potter supported by Spector the Finance 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 Finance Committee Report. A sufficient majority having voted in favor, the amendment carried. Vote on resolution, as amended: AYES: Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack, Burns, Clark, Coleman, Coulter, Crawford. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolution (with fiscal note attached), as amended, was adopted. REPORT (MISC. #08246) BY: Finance Committee, Mike Rogers, Chairperson IN RE: SHERIFF'S OFFICE – GRANT YEAR 2008 STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP) REIMBURSEMENT GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee having reviewed Miscellaneous Resolution #08246 on October 30, 2008 reports with the recommendation the resolution be amended as follows: Strike the NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves electronic submission of the Grant Year 2008 State Criminal Alien Assistance Program (SCAAP) Reimbursement award in the amount of $70,412 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 Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE MISCELLANEOUS RESOLUTION #08246 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE – GRANT YEAR 2008 STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP) REIMBURSEMENT GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the United States Department of Justice, Bureau of Justice Assistance awarded Oakland County expenditure reimbursement funding in the amount of $70,412 for its State Criminal Alien Assistance Program; and WHEREAS the funding is reimbursement of Corrections Officers salaries (based on a prescribed formula) for those officers directly involved in the care and maintenance of alien inmates housed in the Oakland County Jail; and WHEREAS Oakland County has met the federal requirements necessary to accept the award; and WHEREAS the reimbursement period covers July 1, 2006 through June 30, 2007; and WHEREAS no county match is required; 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 reimbursement program funding. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the Grant Year 2008 State Criminal Alien Assistance Program (SCAAP) Reimbursement award in the amount Commissioners Minutes Continued. November 6, 2008 946 of $70,412 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 adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Grant Review Sign Off – Sheriff’s Office, Bureau of Justice Assistance State Criminal Alien Assistance Program and Standard Assurances on file in County Clerk’s office. FISCAL NOTE (MISC. #08246) BY: Finance Committee, Mike Rogers, Chairperson IN RE: SHERIFF’S OFFICE – GRANT YEAR 2008 STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP) REIMBURSEMENT 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 United States Department of Justice, Bureau of Justice Assistance, awarded the Oakland County Sheriff’s Office $70,412 in reimbursement funding for its State Criminal Alien Assistance Program. 2. The reimbursement period for Grant Year 2008 is July 1, 2006, through June 30, 2007. 3. No County match is required. 4. The Grant Year 2008 funding represents a 16% decrease from Grant Year 2007 funding. The county anticipated funding in the amount of $82,000. The Corrective Services revenue budget will be decreased by $11,588 to reflect this reduction. The decrease will be appropriated from contingency. 5. A budget amendment to the Fiscal Year 2009 Adopted Budget is recommended as follows: GENERAL FUND #10100 FY 2009 Revenue 4030301-112590-610313 Grants Federal ($11,588) Total General Fund Revenue ($11,588) Expenditures 9090101-196030-730359 Contingency ($11,588) Total General Fund Expenditures ($11,588) $ -0- FINANCE COMMITTEE Moved by Potter supported by Burns the resolution (with fiscal note attached) be adopted. Moved by Potter supported by Burns the Finance Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Potter supported by Burns the resolution be amended to coincide with the recommendation in the Finance Committee Report. A sufficient majority having voted in favor, the amendment carried. Vote on resolution, as amended: AYES: Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack, Burns, Clark, Coleman, Coulter, Crawford, Douglas. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolution (with fiscal note attached), as amended, was adopted. Commissioners Minutes Continued. November 6, 2008 947 REPORT (MISC. #08247) BY: Finance Committee, Mike Rogers, Chairperson IN RE: OAKLAND COUNTY SHERIFF’S OFFICE – PALM SCAN ELECTRONIC CAPTURE DEVICE GRANT ACCEPTANCE – COPS I To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above referenced resolution, recommends that the resolution be adopted with an amendment to strike from the second WHEREAS paragraph the second statement “from the U.S. Department of Justice” and to strike from the third WHEREAS paragraph the word “application.” Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report. FINANCE COMMITTEE MISCELLANEOUS RESOLUTION #08247 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: OAKLAND COUNTY SHERIFF’S OFFICE – PALM SCAN ELECTRONIC CAPTURE DEVICE GRANT ACCEPTANCE – COPS I To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Sheriff’s Office, on behalf of CLEMIS of Oakland County and other participating law enforcement agencies, request to implement a program to replace obsolete Live Scan fingerprint capture units with Palm Scan electronic capture devices; and WHEREAS the Oakland County Sheriff’s Office, on behalf of CLEMIS of Oakland County and other participating law enforcement agencies, has solicited and received federal funding under the U.S. Department of Justice Office of Community Oriented Policing Services from the U.S. Department of Justice in the amount of $222,134 for the period of December 26, 2007 through December 25, 2010; and WHEREAS the grant award has been processed through the County Executive's Contract Review Process and the Board of Commissioners Grant Application Procedures; and WHEREAS the acceptance of this grant does not obligate the County to any future commitment. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the grant funding from the U.S. Department of Justice in the amount of $222,134 with no County match requirement; 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 adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Grant Review Sign Off – Sheriff’s Office, Correspondence from Carl R. Peed, Director, U.S. Department of Justice on file in County Clerk’s Office. FISCAL NOTE (MISC. #08247) BY: Finance Committee, Mike Rogers, Chairperson IN RE: OAKLAND COUNTY SHERIFF’S OFFICE – PALM SCAN ELECTRONIC CAPTURE DEVICE GRANT ACCEPTANCE – COPS I 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. CLEMIS of Oakland County and other participating law enforcement agencies request to implement a program to replace obsolete Live Scan fingerprint capture units with Palm Scan electronic capture devices. 2. The U.S. Department of Justice Office of Community Oriented Policing Services has awarded Technology Program grant funding in the amount of $222,134 for the period of December 26, 2007 through December 25, 2010. 3. Grant funding will cover 100% of the equipment costs. No additional personnel costs are requested. Commissioners Minutes Continued. November 6, 2008 948 4. No County match is required. 5. A budget amendment is recommended to the Fiscal Year 2009 Special Revenue Budget as follows: LAW ENFORCEMENT GRANT FUND #27337 FY 2009 Revenue 1080305-116130-610314 Grants-Federal $222,134 Total Revenue $222,134 Expenditures 1080305-116130-760132 Capital-Computer Equip $222,134 Total Expenditure $222,134 FINANCE COMMITTEE Moved by Potter supported by Greimel the resolution (with fiscal note attached) be adopted. Moved by Potter supported by Greimel the Finance Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Potter supported by Greimel the resolution be amended to coincide with the recommendation in the Finance Committee Report. A sufficient majority having voted in favor, the amendment carried. Vote on resolution, as amended: AYES: Gingell, Gosselin, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack, Burns, Clark, Coleman, Coulter, Crawford, Douglas, Gershenson. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolution (with fiscal note attached), as amended, was adopted. REPORT (MISC. #08248) BY: Finance Committee, Mike Rogers, Chairperson IN RE: OAKLAND COUNTY SHERIFF’S OFFICE – PALM SCAN ELECTRONIC CAPTURE DEVICE GRANT ACCEPTANCE – COPS II To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above referenced resolution, recommends that the resolution be adopted with an amendment to strike from the second WHEREAS paragraph the second statement “from the U.S. Department of Justice” and to strike from the third WHEREAS paragraph the word “application.” Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report. FINANCE COMMITTEE MISCELLANEOUS RESOLUTION #08248 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: OAKLAND COUNTY SHERIFF’S OFFICE – PALM SCAN ELECTRONIC CAPTURE DEVICE GRANT ACCEPTANCE – COPS II To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Sheriff’s Office, on behalf of CLEMIS of Oakland County and other participating law enforcement agencies, request to implement a program to replace obsolete Live Scan fingerprint capture units with Palm Scan electronic capture devices and will be installing new Palm Scan units at four of it’s substations; and Commissioners Minutes Continued. November 6, 2008 949 WHEREAS the Oakland County Sheriff’s Office, on behalf of CLEMIS of Oakland County and other participating law enforcement agencies, has solicited and received federal funding under the U.S. Department of Justice Office of Community Oriented Policing Services from the U.S. Department of Justice in the amount of $648,163 for the period of December 26, 2007 through December 25, 2010; and WHEREAS the grant award has been processed through the County Executive's Contract Review Process and the Board of Commissioners Grant Application Procedures; and WHEREAS the acceptance of this grant does not obligate the County to any future commitment. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the grant funding from the U.S. Department of Justice in the amount of $648,163 with no County match requirement; 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 adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Grant Review Sign Off – Sheriff’s Office, Communication from Carl R. Peed, Director of U.S. Department of Justice, and Technology Program Grant Terms and Conditions on file in County Clerk’s office. FISCAL NOTE (MISC. #08248) BY: Finance Committee, Mike Rogers, Chairperson IN RE: OAKLAND COUNTY SHERIFF’S OFFICE – PALM SCAN ELECTRONIC CAPTURE DEVICE GRANT ACCEPTANCE – COPS II 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. CLEMIS of Oakland County and other participating law enforcement agencies request to implement a program to replace obsolete Live Scan fingerprint capture units with Palm Scan electronic capture devices. 2. The U.S. Department of Justice Office of Community Oriented Policing Services has awarded Technology Program grant funding in the amount of $648,163 for the period of December 26, 2007 through December 25, 2010. 3. Grant funding will cover 100% of equipment purchases, software, and contractual services. No additional personnel costs are requested. 4. No County match is required. 5. A budget amendment is recommended to the Fiscal Year 2009 Special Revenue Budget as follows: LAW ENFORCEMENT GRANT FUND #27337 FY 2009 Revenue 1080305-116130-610314 Grants-Federal $648,163 Total Revenue $648,163 Expenditures 1080305-116130-760132 Capital-Computer Equip $588,277 1080305-116130-731458 Professional Svcs 24,786 1080305-116130-731773 Software Purchases 35,100 Total Expenditures $648,163 FINANCE COMMITTEE Moved by Potter supported by Woodward the resolution (with fiscal note attached) be adopted. Moved by Potter supported by Woodward the Finance Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Potter supported by Woodward the resolution be amended to coincide with the recommendation in the Finance Committee Report. Commissioners Minutes Continued. November 6, 2008 950 A sufficient majority having voted in favor, the amendment carried. Vote on resolution, as amended: AYES: Gosselin, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack, Burns, Clark, Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolution (with fiscal note attached), as amended, was adopted. MISCELLANEOUS RESOLUTION #08249 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE - ESTABLISHMENT OF STANDARD LAW ENFORCEMENT SERVICES CONTRACT RATES AND CONTRACT APPROVAL - JANUARY 1, 2009 THROUGH DECEMBER 31, 2009 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is the policy of the Oakland County Board of Commissioners to permit the Sheriff's Office to enter into contracts with townships, villages and cities for the purpose of providing Sheriff patrol services; and WHEREAS new contract rates have been developed for the 12-month period commencing January 1, 2009, through December 31, 2009, consistent with the attached schedule; and WHEREAS a proposed agreement has been developed and is attached; and WHEREAS Corporation Counsel has reviewed the agreement. NOW THEREFORE BE IT RESOLVED that the following rates be established per officer for Law Enforcement Services for the period January 1, 2009, through December 31, 2009: Contract 2009 Captain $162,916 Lieutenant 143,296 Patrol Sergeant 127,676 Det. Sergeant 132,320 Dep II (w/fill) 136,538 Dep II (no-fill) 115,672 Dep II (no-fill/no vehicle) 109,876 Patrol Inv. 120,316 Dep I (no-fill) 94,426 BE IT FURTHER RESOLVED that the Board of Commissioners authorizes the Chairperson of the Board and the Sheriff to sign agreements for Law Enforcement Services at these established rates with the following communities: City of Rochester Hills Addison Township Brandon Township Commerce Township Highland Township Independence Township Lyon Township Oakland Township Orion Township Oxford Township Royal Oak Township Springfield Township Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Commissioners Minutes Continued. November 6, 2008 951 Copy of Law Enforcement Patrol Services Annual Contract Rates, and Oakland County Sheriff’s Department 2009 Law Enforcement Services Agreement on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #08250 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE - ESTABLISHMENT OF LAW ENFORCEMENT SERVICES CONTRACT OVERTIME RATES - JANUARY 1, 2009 THROUGH DECEMBER 31, 2009 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is the policy of the Oakland County Board of Commissioners to authorize the Sheriff's Office to enter into contractual agreements with various communities and organizations for the purpose of providing deputies for traffic and security assignments for various activities and events; and WHEREAS the Sheriff's Office will provide assistance based on the availability of officers at the appropriate overtime rate and will invoice the requesting agency at rates established by the Board of Commissioners; and WHEREAS overtime rates have been developed for the period January 1, 2009 through December 31, 2009; and WHEREAS the Board of Commissioners desires to have rates consistent with the Law Enforcement Patrol Services Contract rates for governmental units within Oakland County as a service to its citizenry, and rates which conform to estimated costs for all non-Oakland County communities and organizations. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners establishes the following hourly overtime rates for the period January 1, 2009, through December 31, 2009, for each officer for the purpose of providing contracted traffic and security services: Contract 2009 Lieutenant $79.41 Sergeant $71.48 Deputy II $52.80 Deputy I $47.44 BE IT FURTHER RESOLVED that contracts for Sheriff's Traffic and Security Assistance for activities and events within a community which is under contractual agreement for Sheriff's Law Enforcement Patrol Services, may be entered into at the prevailing, established contract overtime rates, upon the review and approval of the Management and Budget Department. Such approval or disapproval of mini-contracts will be provided to the Public Services Committee on a semi-annual basis. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #08251 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE – DISPOSTION OF K-9 DOG To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners, by Miscellaneous Resolution #99114 authorized the Sheriff to purchase several K-9 dogs use by the Sheriff’s Office; and WHEREAS the county purchased “Rocko” pursuant to this resolution and Rocko has faithfully served the County of Oakland in his role as a K-9 dog for almost 9 years and is nearing retirement age; and WHEREAS because of the unique circumstances surrounding Rocko’s training and role as a K-9 dog, he has little, if any, fair market value; and WHEREAS in recognition of Rocko’s faithful service to the County and the undeniable bond that has developed between Rocko and his handler, Deputy Sherry Locher, the Sheriff recommends that Rocko be sold to Deputy Locher for a nominal sum; and WHEREAS this matter has been reviewed by Corporation Counsel and a Transfer of Ownership and Release of Claims Agreement is attached. Commissioners Minutes Continued. November 6, 2008 952 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves selling the dog Rocko to Deputy Sherry Locher per the attached Transfer of Ownership and Release of Claims Agreement 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 Transfer of Ownership and Release of Claims Agreement on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #08252 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE – ADDITION OF K-9 DOG AND DONATION OF $5,000 FROM MILK BONE CORPORATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Deputy Locher’s current canine, Rocko, is ready to retire after faithfully serving the citizens of Oakland County in his role as a police canine for nearly 9 years; and WHEREAS Deputy Locher has agreed to continue in her capacity as a K-9 handler; and WHEREAS the Sheriff has agreed to continue Deputy Locher in her capacity as a K-9 handler; and WHEREAS the Sheriff would like to use forfeiture funds to purchase a replacement dog; and WHEREAS the Sheriff has agreed to purchase “Yeager” a fully trained K-9 dog from our current vendor; and WHEREAS Deputy Locher has agreed to accept Yeager as her K-9 partner; and WHEREAS the cost to purchase Yeager is $6,500, but the Milk Bone Corporation has donated $5,000 for this purchase, therefore only $1,500 will be necessary from the forfeiture account; and WHEREAS this matter has been reviewed by Corporation Counsel and a Canine Program and Agreement is attached. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves using $1,500 in forfeiture funds to purchase Yeager. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Canine Program and Agreement on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #08253 BY: Commissioners Thomas F. Middleton, District 4 IN RE: BOARD OF COMMISSIONERS – APPOINT COMMISSIONER TO THE OAKLAND COUNTY MSU EXTENSION ADVISORY COUNCIL To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in 1912 the Michigan Legislature authorized county boards of supervisors to appropriate funds and levy taxes to further teaching and demonstration of university research through a local network of Extension professionals; and WHEREAS two years later, Congress passed the Smith-Lever act of 1914, which created the Cooperative Extension Service and directed the nation’s Land-grant colleges to oversee its work; and WHEREAS the mission of the Michigan State University Extension is to help people improve their lives through an educational process that applies knowledge to critical issues, needs and opportunities; and WHEREAS through educational programs, information, activities and events Extension staff help residents better understand their environment, make the best use of their resources and enhance the quality of life for themselves, their families and their communities; and WHEREAS the Oakland County - MSU Extension is publicly funded from three sources, the federal government, state government and the Oakland County Board of Commissioners; and Commissioners Minutes Continued. November 6, 2008 953 WHEREAS the Oakland County Fiscal Year 2009 budget allocates $1.2 million dollars to the Oakland County - MSU Extension; and WHEREAS the Oakland County MSU Extension has created an Advisory Council composed of interested citizens and stakeholders; and WHEREAS the Oakland County MSU Extension has requested that a member of the Board of Commissioners be appointed to its Advisory Council. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson to appoint one of its members to the Oakland County – MSU Extension Advisory Council. BE IT FURTHER RESOLVED that the appointment is to be consistent with the term of office of the commissioner. Chairperson, I move the foregoing resolution. THOMAS MIDDLETON, HUGH CRAWFORD, CHRISTINE LONG, MICHAEL GINGELL, TIM BURNS, BILL BULLARD, EILEEN KOWALL, GLENN CLARK, DAVID COULTER, DAVE WOODWARD, KAREN SPECTOR, ERIC COLEMAN, TIM GREIMEL, JIM NASH The Chairperson referred the resolution to the Public Services Committee. There were no objections. MISCELLANEOUS RESOLUTION #08254 BY: Commissioners Helaine Zack, District #22, Marcia Gershenson, District #17, and Christine Long, District #7 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR MENTAL HEALTH PARITY IN MICHIGAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioner adopted Miscellaneous Resolution #07236 to create the Women’s Commission for Oakland County to survey the status of women in Oakland County, as well as, assess their needs; and WHEREAS after the Women’s Commission for Oakland County held a public forum, the Health and Wellness Committee - which engaged in fact-finding and consulted with experts regarding the issues that impact women and families in Oakland County - has identified that there is a demonstrated need to end discrimination against people suffering from mental illness and to provide equal medical coverage to those afflicted; and WHEREAS over one-half million children and adults in Michigan suffer from a serious mental disorder; and WHEREAS 88% of Michigan citizens believe it is unfair for insurance companies to limit mental health benefits; and WHEREAS 4 out of 10 of the leading causes of disability in people older than 5 years of age are mental disorders; and WHEREAS one of every three families is touched sometime by psychiatric conditions such as depression, bipolar disorder, schizophrenia, addiction disorders and others. Thanks to today's scientific technology, we know that these conditions are biological brain disorders, not flaws in a person's character. We also know that these conditions cut across all social and economic lines of our society; and WHEREAS under the Wellstone-Domenici Mental Health Parity and Addiction Equity Act of 2008, Michigan residents employed by businesses of more than 50 employees will enjoy mental health benefits on par with other medical coverage; and WHEREAS 42 states have adopted mental health parity legislation, while Michigan is one of the 8 remaining states who have not addressed this issue; and WHEREAS the negligible direct cost of parity is more than offset by increased employee productivity; decreased absenteeism; less use of emergency rooms and medical resources; and other benefits to employers and society; and WHEREAS testimony presented at the open forum of the Women’s Commission for Oakland County provided additional information which further supported studies that have demonstrated that children are the hardest-hit age group when it comes to inaccessibility of services due to lack of parity; and Commissioners Minutes Continued. November 6, 2008 954 WHEREAS in 2004, Michigan’s Mental Health Commission strongly recommended parity legislation for Michigan; recognizing that parity law can decrease pressure on the state’s under-funded and over- burdened public mental health system; and WHEREAS the Women’s Commission for Oakland County has issued a report which recommends that the Oakland County Board of Commissioners support the enactment of mental health parity policy and legislation for all Michigan citizens; and WHEREAS the Women’s Commission for Oakland County’s further recommended that the Oakland County Board of Commissioners and Oakland County officials support legislation that will advance mental health parity and advocate for the residents of Oakland County and impacted families throughout the State of Michigan. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby affirm the recommendation of the Women’s Commission for Oakland County and supports to ending discrimination against people suffering from mental illness and to provide equal medical coverage to those afflicted. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners support legislation that will advance mental health parity for the residents of Oakland County and impacted families throughout the State of Michigan. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners urges the Michigan legislature to move forward on enacting mental health parity policy and legislation for all Michigan citizens. BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds forward copies of this adopted resolution to Governor Granholm, the Oakland County delegation to the Michigan legislature, the Michigan Association of Counties, the Michigan Partners for Parity, the Oakland County Mental Health Authority, the Michigan Women’s Commission and Oakland County’s lobbyists. Chairperson, we move the adoption of the foregoing resolution. HELAINE ZACK, CHRISTINE LONG, MICHAEL GINGELL, DAVID POTTS, TIM BURNS, DAVID COULTER, MARCIA GERSHENSON, JIM NASH, THOMAS MIDDLETON, KAREN SPECTOR, TIM GREIMEL, ERIC COLEMAN, DAVE WOODWARD, MATTIE HATCHETT Moved by Zack supported by Potts to suspend the rules and vote on MISCELLANEOUS RESOLUTION #08254 – BOARD OF COMMISSIONERS – SUPPORT FOR MENTAL HEALTH PARITY IN MICHIGAN. Vote on motion to suspend the rules: AYES: Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack, Burns, Clark, Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin. (23) NAYS: None. (0) A sufficient majority having voted in favor, the motion to suspend the rules and vote on MISCELLANEOUS RESOLUTION #08254 – BOARD OF COMMISSIONERS – SUPPORT FOR MENTAL HEALTH PARITY IN MICHIGAN carried. Vice Chairperson Hugh Crawford declared a brief recess at 10:04 a.m. so that copies of the resolution could be distributed. The Board of Commissioners reconvened at 10:09 a.m. Roll called. PRESENT: Burns, Clark, Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack. (23) EXCUSED ABSENCE WITH NOTICE: Bullard, Gregory. (2) Commissioners Minutes Continued. November 6, 2008 955 Quorum present. Discussion followed. Moved by Douglas supported by Gosselin the resolution be postponed until the November 20, 2008 Board meeting. Discussion followed. Vote on motion to postpone: AYES: Jacobsen, Kowall, Middleton, Potter, Rogers, Scott, Clark, Douglas, Gingell, Gosselin. (10) NAYS: Long, Nash, Potts, Spector, Woodward, Zack, Burns, Coleman, Coulter, Crawford, Gershenson, Greimel, Hatchett. (13) A sufficient majority having not voted in favor, the motion to postpone the resolution until the November 20, 2008 Board meeting failed. Moved by Greimel supported by Long the resolution be amended as follows: BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners support urges the legislationure to that will consider advanceing mental health parity for the residents of Oakland County and impacted families throughout the State of Michigan. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners urges the Michigan legislature to move forward on consider enacting mental health parity policy and legislation for all Michigan citizens. Discussion followed. Moved by Scott supported by Douglas the resolution be further amended as follows: Strike the following paragraphs from the resolution: WHEREAS the Women’s Commission for Oakland County has issued a report which recommends that the Oakland County Board of Commissioners support the enactment of mental health parity policy and legislation for all Michigan citizens; and WHEREAS the Women’s Commission for Oakland County’s further recommended that the Oakland County Board of Commissioners and Oakland County officials support legislation that will advance mental health parity and advocate for the residents of Oakland County and impacted families throughout the State of Michigan. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby affirm the recommendation of the Women’s Commission for Oakland County and supports to ending discrimination against people suffering from mental illness and to provide equal medical coverage to those afflicted. Vice Chairperson Hugh Crawford declared a recess at 10:29 a.m. The Board of Commissioners reconvened at 10:34 a.m. Roll called. PRESENT: Burns, Clark, Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack. (23) EXCUSED ABSENCE WITH NOTICE: Bullard, Gregory. (2) Quorum present. Commissioners Minutes Continued. November 6, 2008 956 Discussion followed. As a point of order, Commissioner Greimel asked if the second amendment was germane to the first amendment. Judy Cunningham, Corporation Counsel, addressed the Board and stated that the second amendment was germane to the first amendment. Clarification on the amendments and discussion followed. Vote on Scott amendment: AYES: Kowall, Long, Middleton, Potter, Potts, Rogers, Scott, Clark, Crawford, Douglas, Gingell, Gosselin, Jacobsen. (13) NAYS: Nash, Spector, Woodward, Zack, Burns, Coleman, Coulter, Gershenson, Greimel, Hatchett. (10) A sufficient majority having voted in favor, the amendment carried. As clarification on the Greimel amendment, Deputy Clerk/Register of Deeds James H. VanLeuven stated that the BE IT FURTHER RESOLVED paragraph should be changed as follows: BE IT FURTHER RESOLVED NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners support urges the legislationure to that will consider advanceing mental health parity for the residents of Oakland County and impacted families throughout the State of Michigan. Vote on Greimel amendment: AYES: Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack, Burns, Clark, Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jacobsen, Kowall. (23) NAYS: None. (0) A sufficient majority having voted in favor, the amendment carried. Vote on resolution, as amended: AYES: Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack, Burns, Clark, Coleman, Crawford, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jacobsen, Kowall, Long. (22) NAYS: Coulter. (1) A sufficient majority having voted in favor, the resolution, as amended was adopted. MISCELLANEOUS RESOLUTION #08255 BY: Helaine Zack, District #22; Bill Bullard Jr., District #2; Hugh Crawford, District #9; Sue Douglas, District #12; Eileen Kowall, District #6; Mattie Hatchett, District #10 IN RE: BOARD OF COMMISSIONERS - SUPPORT FOR SENATE BILL 1066 – AMENDMENTS TO THE MICHIGAN VEHICLE CODE TO ALLOW INDIVIDUALS CHARGED WITH CERTAIN DRIVING OFFENSES TO ATTEND A BASIC DRIVER IMPROVEMENT COURSE To Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS upon recommendation of Oakland County’s Criminal Justice Coordinating Council (CJCC), on October 2, 2008, this Board of Commissioners adopted Miscellaneous Resolution #08180 and Miscellaneous Resolution #08181, which among other things expressed the Board’s support to extend the Pilot Tether Program, created by Miscellaneous Resolution #07226, and further to create a program to address the Driving While License Suspended (DWLS) segment of the population in the Oakland County Jail; and Commissioners Minutes Continued. November 6, 2008 957 WHEREAS support for Miscellaneous Resolution #08180 and Miscellaneous Resolution #08181 was premised on the Board’s appreciation of the CJCC’s efforts to devise and implement programs to successfully address chronic jail overcrowding; and WHEREAS among the provisions articulated in Miscellaneous Resolution #08181 was the recognition that legislative and regulatory revisions would be necessary to effectuate the concepts envisioned by the CJCC to address the DWLS segment of the County’s jail population; and WHEREAS Senate Bill 1066, as passed by the Michigan Senate on September 18, 2008, would amend the Michigan Vehicle Code to allow individuals charged with certain driving offenses to attend a basic driver improvement course; and WHEREAS Senate Bill 1066 further provides that upon successful completion of a basic driver improvement course, the Secretary of State would neither enter the points corresponding to the individual’s driving violation nor make information concerning that violation available to any insurance company; and WHEREAS the Board of Commissioners supports this legislative effort to create this and other diversion programs designed to improve safety on state roads and highways, educate offenders, decrease court backlogs, and reduce commitments to jail. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby supports Senate Bill 1066 as passed by the Senate and encourages its passage in the Michigan House. BE IT FURTHER RESOLVED that the County Clerk is hereby directed to forward copies of this adopted resolution to the Secretary of State, the Michigan Senate, the Michigan House, 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, I move adoption of the foregoing resolution. HELAINE ZACK, MARCIA GERSHENSON, KAREN SPECTOR, JIM NASH, DAVE WOODWARD, CHRISTINE LONG, MICHAEL GINGELL, DAVID POTTS, THOMAS MIDDLETON, SUE ANN DOUGLAS, EILEEN KOWALL The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #08256 BY: Bill Bullard, Jr., District #2; Helaine Zack, District #22; Mattie Hatchett, District #10 IN RE: BOARD OF COMMISSIONERS - SUPPORT FOR HOUSE BILL 6455 – AMENDMENTS TO THE MICHIGAN VEHICLE CODE TO ALLOW FOR REINSTATEMENT OF DRIVER’S LICENSE FOR THOSE WITH OUTSTANDING DRIVER RESPONSIBILITY FEES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS upon recommendation of Oakland County’s Criminal Justice Coordinating Council (CJCC), on October 2, 2008, this Board of Commissioner’s adopted Miscellaneous Resolution #08180 and Miscellaneous Resolution #08181, which among other things expressed the Board’s support to extend the Pilot Tether Program, created by Miscellaneous Resolution #07226, and further to create a program to address the Driving While License Suspended (DWLS) segment of the population in the Oakland County Jail; and WHEREAS support for Miscellaneous Resolution #08180 and Miscellaneous Resolution #08181 was premised on the Board’s appreciation of the CJCC’s efforts to devise and implement programs to successfully address chronic jail overcrowding; and WHEREAS among the provisions articulated in Miscellaneous Resolution #08181 was the recognition that legislative and regulatory revisions would be necessary to effectuate the concepts envisioned by the CJCC to address the DWLS segment of the County’s jail population; and WHEREAS House Bill 6455, as passed by a vote of 106 – 0 in the Michigan House on September 25, 2008, would amend the Michigan Vehicle Code to allow for the reinstatement of the driver’s license of a person whose license was denied, suspended, or revoked solely due to a failure to pay driver Commissioners Minutes Continued. November 6, 2008 958 responsibility fees, by establishing a payment plan to pay said fees; however, if the driver failed to make timely payments, the person’s license would then be suspended; and WHEREAS House Bill 6455 further amends provisions in the Michigan Vehicle Code concerning plans for the payment of driver responsibility fees and driver license reinstatement fees to allow the Secretary of State to authorize installment payments for any amount owed, said payments to be paid for up to 24 months. (Current law only allows the Secretary of State to authorize installment payments for a driver who owes $500.00 or more, and the full amount must be paid within 12 months.); and WHEREAS the Board of Commissioners supports this legislative effort to help drivers who have lost their driving privileges solely because they cannot pay large driver responsibility fees and also allow individuals who owe smaller amounts in driver responsibility and license reinstatement fees to pay them over a longer period of time, i.e., 24 months instead of 12; and WHEREAS the Board of Commissioners finds that House Bill 6455 is consistent with the CJCC’s efforts to reduce chronic jail overcrowding by focusing attention on the DWLS segment of the County’s jail population. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby supports House Bill 6455, as passed by the House, and encourages its passage in the Michigan Senate. BE IT FURTHER RESOLVED that the County Clerk is hereby directed to send a copy of this resolution to the Secretary of State, the Michigan Senate, the Michigan House, 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, I move adoption of the foregoing resolution. BILL BULLARD, MICHAEL GINGELL, DAVID POTTS, THOMAS MIDDLETON, SUE ANN DOUGLAS, JEFF POTTER, JOHN SCOTT, BRADFORD JACOBSEN, EILEEN KOWALL, MARCIA GERSHENSON, KAREN SPECTOR, CHRISTINE LONG, TIM GREIMEL, ERIC COLEMAN, JIM NASH, DAVE WOODWARD, HELAINE ZACK The Chairperson referred the resolution to the General Government Committee. There were no objections. The Board adjourned at 10:49 a.m. to the call of the Chair or November 20, 2008, at 9:30 a.m. RUTH JOHNSON HUGH CRAWFORD Clerk Vice Chairperson