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HomeMy WebLinkAboutMinutes - 2008.12.11 - 8479987 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES December 11, 2008 Meeting called to order by Chairperson Bill Bullard, Jr. at 9:42 a.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Bullard, Burns, Clark, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potts, Rogers, Scott, Spector, Woodward, Zack. (23) EXCUSED ABSENCE WITH NOTICE: Potter. (1) EXCUSED ABSENCE PER MISCELLANEOUS RESOLUTION #04228: Coleman. (1) Quorum present. Invocation given by Mike Rogers. Pledge of Allegiance to the Flag. Moved by Rogers supported by Zack the minutes of the November 20, 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 FINANCE COMMITTEE b. Departments of Information Technology/CLEMIS – Electronic Crash Capture & Submission Grant Acceptance (Reason for Suspension of Finance Committee, item b.: Waiver of Rule XI.A and XI.B. Standing Committee Responsibilities (should have been General Government Resolution with Finance Committee Fiscal Note) Vote on Agenda, as amended: AYES: Bullard, Burns, Clark, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potts, Rogers, Scott, Spector, Woodward, Zack. (23) NAYS: None. (0) A sufficient majority having voted in favor, the agenda, as amended, was approved. Commissioners Minutes Continued. December 11, 2008 988 Deputy County Clerk/Register of Deeds James VanLeuven read a communication from L. Brooks Patterson, County Executive, re-appointing Judith Cunningham and Gordon Snavely to the 2009 Claims Review Committee. The communication was received for filing. There was no public comment. Chairperson Bill Bullard, Jr., along with the entire Board of Commissioners, presented a Proclamation to David Gorcyca upon his stepping down as Oakland County Prosecutor. David Gorcyca addressed the Board. Chairperson Bill Bullard, Jr. along with Gerald Poisson, Deputy County Clerk, presented Commissioners Glenn Clark, Hugh Crawford, Vincent Gregory, Eileen Kowall, Mike Rogers and Karen Spector with service awards. Commissioners Glenn Clark, Hugh Crawford, Vincent Gregory, Eileen Kowall, Mike Rogers and Karen Spector addressed the Board. Moved by Rogers supported by Clark 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 1029. The resolutions on the Consent Agenda follow (annotated by an asterisk {*}): *MISCELLANEOUS RESOLUTION #08266 BY: Finance Committee, Mike Rogers, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET - FISCAL YEAR 2008 YEAR-END REPORT AND BUDGET AMENDMENTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS all accounts have been posted and final adjustments made for Fiscal Year 2008; and WHEREAS Statement #1 of the Governmental Accounting, Auditing and Financial Reporting Standards requires that encumbrances be treated as a designated fund balance at the year-end and that such amounts be re-appropriated in the subsequent year in order to be available for expenditure; and WHEREAS the results of operations after consideration of expenditures, accruals, encumbrances, appropriations carried forward, transfers, adjustments, and closing entries was a favorable variance of total resources over total expenditures as reflected in the attached schedule; and WHEREAS Fiscal Year 2008 General Fund actual revenue was less than budgeted revenue by ($16,746,659.18); and WHEREAS Fiscal Year 2008 General Fund actual operating expenditures and transfers were less than budgeted operating expenditures and transfers by $22,082,013.07 rendering overall operating expenditures less than expenditures for Fiscal Year 2008 by $5,335,353.89; and WHEREAS the following reserves have been created: $133,878.16 to cover pre-payments, $267,215.00 for payroll and petty cash; and WHEREAS $157,827.32 for General Fund/General Purpose operations to cover encumbrances obligated through the end of Fiscal Year 2008 has been designated; and WHEREAS a designated fund balance, in the amount of $9,000,000 has been created in order to meet future capital facility needs of the County; and WHEREAS due to recent economic conditions which may lead to increased appeals of property assessments, a designated fund balance of $2,000,000 has been established to cover expenses related to Tax Tribunal appeals; and WHEREAS subsequent to the events of September 11, 2001, the Administration reviewed the security of County facilities and operations and a designated fund balance of $2,985,000 has been established to continue funding anticipated improvements recommended as a result of the study; and Commissioners Minutes Continued. December 11, 2008 989 WHEREAS the rates charged by the Information Technology fund do not include an amount required to replace fully depreciated equipment, and $5,000,000 has been designated to continue to build a replacement fund for future technology replacements; and WHEREAS pursuant to Miscellaneous Resolution #89283, the Board of Commissioners established a Designated Fund for Operational Improvements, which makes available a source of funds departments can use to support innovative programs, providing the Board approves the use of the fund balance and the requesting department commits to a pay-back within six (6) years of the original allocation. The designated fund balance of $3,000,000 is restored from current year favorability, resulting from efficiencies achieved due to implementation of approved projects; and WHEREAS $2,833,867.39 of previously budgeted but unspent funds, designated for carry forwards in the General Fund/General Purpose is requested to be appropriated to departments for use, as reviewed and recommended by the Department of Management and Budget; and WHEREAS a $250,000 designated fund balance has been created for the Board of Commissioners to utilize for special projects; and WHEREAS the Equalization Division and Purchasing Division have participated in the Cost Reduction Incentive Management Program (CRIMP); a designated fund balance of $38,522 is required to provide the incentive commitment to these divisions based on verified annual savings; and WHEREAS due to the increase in the number of data security threats, a designated fund balance has been continued at $1,500,000 to fund the technology necessary to protect data privacy and security; and WHEREAS efforts are continuing to seek out new grants to assist Oakland County with enhancing operations and new programs, a designated fund balance has been set aside for new grant opportunities in the amount of $200,000; and WHEREAS a designated fund balance of $2,855,400 is established for general system enhancements for county computing systems to replace Legacy systems and current systems to be reviewed and appropriated as specific projects in the future; and WHEREAS a designated fund balance, in the amount of $250,000, has been created to cover anticipated Human Resources – Legal Expenses, including actuary costs and expert witness fees associated with union grievances and Sheriff’s Deputy Public Act 312 process; and WHEREAS a designated fund balance, in the amount of $500,000, has been created for the Human Resources Department to conduct a County-wide salary structure study and workforce planning; and WHEREAS the Board of Commissioners has established a Criminal Justice Coordinating Unit, and $500,000 has been designated to fund the collection of data and various new programs; and WHEREAS a designation of $10,000,000 has been established for Fiscal Year 2009 and $10,000,000 for Fiscal Year 2010, to cover potential increases in the Annual Required Contribution (ARC) in the event that the County’s actuary determines an increase must be made to the VEBA fund as a result from inclusion of currently unsettled unions; and WHEREAS a designated fund balance, in the amount of $600,000, has been continued to fund the development of alternative programs related to reducing jail population in Oakland County; and WHEREAS in the event of a Public Health outbreak or disaster such as the Avian Flu, the County has taken a proactive approach by establishing a designated fund balance, in the amount of $1,189,000, for response to such an occurrence; and WHEREAS $500,000 is being designated in anticipation of future mileage rate increases which could be approved by the Internal Revenue Service and possible increase in fuel costs for buildings, vehicles, etc.; and WHEREAS as a result of the County’s Business Continuity Planning Process, each department has identified additional supplies that must be procured in the event of an emergency, and a $300,000 designation is created to procure these supplies; and WHEREAS the Drain Commissioner’s Office received a planning grant on behalf of the Strategic Water Initiative, and if the plan is not implemented then the grant must be repaid, and a designated fund balance is established for $475,000 in the event that the grant must be repaid; and WHEREAS based on a study by the Department of Human Resources, an additional $320,000 is designated to cover emergency salary costs for Fiscal Year 2009; and WHEREAS $1,500,000 is designated to explore the development of a 311 Contact Center project; and WHEREAS $50,000 is designated to continue the Fire Records Management System which provides for tracking Emergency Service information; and Commissioners Minutes Continued. December 11, 2008 990 WHEREAS a designation of $300,000 is created to fund various County events and provide quality of life initiatives to attract new businesses; and WHEREAS a designated fund balance in the amount of $54,800 is created to purchase marriage license software for the County Clerk Division to provide online applications for marriage licenses; and WHEREAS Circuit Court received funding for an e-filing system per Miscellaneous Resolution #07061 to allow the courts, attorneys and pro se litigants to file and serve court documents electronically via the internet, and a designation of $50,000 is created to purchase software as part of this effort for County Clerk’s Office; and WHEREAS it is anticipated a significant amount of property taxes will be uncollectible and the General Fund may need to reimburse the DTRF for its share of uncollected taxes, and a designation of $1,500,000 is created for this purpose; and WHEREAS $25,000 is designated for Emergency Response and Preparedness backup system; and WHEREAS due to the historic voter turnout for the November 4, 2008 General Election, additional time and expenses may be required to canvass the results of the election and $60,000 is designated for the Clerk’s Office; and WHEREAS $350,000 is designated to update Sheriff’s call taking equipment; and WHEREAS $2,091,151 is designated to cover potential shortfall in State reimbursements; and WHEREAS $1,000,000 is designated for PeopleSoft upgrades and for the Human Resources Department to implement an e-Performance module for managers/supervisors to complete performance evaluations online to save time and increase the number of completed evaluations; and WHEREAS per Miscellaneous Resolution #03043 a Budget Transition Account was created to account for appropriation reductions and revenue enhancements implemented in Fiscal Year 2003 and Fiscal Year 2004, to mitigate the severity of budget reductions required to balance the County's budget, and it is recommended this be continued for Fiscal Year 2010 and beyond; the designated fund balance has been updated to reflect the balance of funds available for future years $19,800,570 as follows: Budget Transition – County Executive $1,203,989.00 Budget Transition – Circuit Court 6,733.00 Budget Transition – District Court 5,075.00 Budget Transition – Probate Court 0.00 Budget Transition – Sheriff 242,012.00 Budget Transition – Prosecuting Attorney 8,278.00 Budget Transition – BOC 0.00 Budget Transition – Drain 74,337.00 Budget Transition – Clerk 88.00 Budget Transition – Treasurer 7,469.00 Budget Transition – General 18,252,589.00; and WHEREAS it recommended the designation of $350,000 to update the Sheriff’s call taking equipment (GL# 371540) be appropriated for transfer to the Radio Communications Fund (#53600) to begin the purchasing process for the equipment; and WHEREAS in reviewing the fringe benefit costs for the Sheriff’s Office at year end closing, Hospitalization was unfavorable $2,020,254, as it was determined the budget did not include sufficient funds cover the increase in hospitalization costs for Fiscal Year 2008, and a budget amendment is recommended to transfer funds from Fringe Benefit Fund (#67800) to offset this expense; and WHEREAS the Sheriff’s Office has incurred significant overtime in the amount of $263,115 to implement the IMACS System (Jail Management System), used to track inmates, and funds are available in the Sheriff’s Booking Fee Training Deferred Revenue Account (GL Account #222450) to offset cost to implement this system and a budget amendment is recommended; and WHEREAS a budget amendment is recommended for the Sheriff’s Office to reallocate funding in the amount of $150,000 for the pilot tethering program from Sheriff – Corrections Satellites (40304) to Sheriff- Corrections (40303) so that the budget accurately reflects the actual expenses; and WHEREAS the Circuit Court/Friend of the Court received additional funding in the amount of $3,500 for the Friend of the Court Access and Visitation Grant, and the additional funding is less than 15% of the original award approved per Miscellaneous Resolution #08163, and the Circuit Court has requested a budget amendment to reflect the additional funding; and Commissioners Minutes Continued. December 11, 2008 991 WHEREAS the Micrographics Fund (#65400) has been merged with the Clerk’s Office/Register of Deeds General Fund (#10100) per Miscellaneous Resolution #08206 to increase operating and accounting efficiency, and a budget amendment is recommended to close the fund and transfer $320,015.14 to the Micrographics Fund from the Clerk’s Register of Deeds General Fund budget and funding is available in Unreserved Undesignated Fund Balance; and WHEREAS a budget amendment is recommended for Community Corrections to correctly account for the grant match in the amount of $301,624; and WHEREAS a budget amendment is requested by the Parks and Recreation Commission to reappropriate funds from the Parks and Recreation Fund Contingency account to the Building Maintenance Charges account for building improvements; and WHEREAS a budget amendment is requested to recognize additional revenue from State funding for Convention Facility Tax in the amount of $1,100,254; and WHEREAS a budget amendment is requested to recognize additional revenue in the amount of $312,000 for reimbursement of salaries to offset overtime and revenue from the State for Diverted Felons in the amount of $76,000; and WHEREAS a budget amendment is requested to recognize additional revenue totaling $34,805 for the Prosecutor’s Office to offset Grant Match; and WHEREAS donations have been received by Oakland County Restricted Funds totaling $102,272.33, which includes the following funds: Animal Control Legacy ($71,244.76), Children’s Village Donation ($13,446.13), Medical Examiner Family Grief Counseling ($2,075), Medical Examiner Library Donation ($1,000), NO HAZ Waste Donations ($12,061.44), Probate Court Trust ($2,445); and WHEREAS donations have been received in the Facilities Management and Operations Fund (#63100- 1040719-650301-20011) from Gretchen’s House at Little Oaks ($225), Friends of Little Oaks ($500) and Parents of Little Oaks ($500) for the purpose of purchasing a new sandbox for the pre-school playground at Little Oaks; and WHEREAS the Planning and Economic Development Services Division received donations totaling $20,750 primarily for Main Street events; and WHEREAS the Fiscal Services Division and Sheriff’s Office have received notice from the State that due to a funding shortfall at the Michigan Department of Corrections (MDOC) over $1,000,000 statewide of reimbursement receipts submitted to the State for September, 2008 will not be paid and included in this amount is $226,374 of Oakland County Sheriff’s Office Diverted Felon reimbursement billings to MDOC that will not be paid and thus should be written off; and WHEREAS the Michigan Department of Treasury requires that units of local government, who report funds with negative unreserved fund balance or negative unrestricted net assets, provide the Treasury, within 90 days of the close of the fiscal year, a plan to eliminate those negative situations within five fiscal years (Deficit Elimination Plan) and further, Treasury requires the policy board to approve the Deficit Elimination Plan before it is submitted; and WHEREAS Oakland County is reporting three funds with negative unreserved fund balances (due primarily to timing of grant payments and special assessment payments) and one fund with negative unrestricted net assets (due to increased charges for operations); a Deficit Elimination Plan has been prepared and requires Board of Commissioner approval prior to submission to the Department of Treasury. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners accepts the report of operations for Fiscal Year 2008 and the results of operations by line-item after inclusion of expenditures, accruals, encumbrances, appropriations carried-forward, transfers, adjustments, and closing entries are approved. BE IT FURTHER RESOLVED that various line items in the Fiscal Year 2009 General Fund/General Purpose Budgets be amended to include $157,827.32 in outstanding purchase orders as detailed in the attached schedule. BE IT FURTHER RESOLVED that adjustments to the Undesignated General Fund Balance be approved as follows: Balance Before Adjustments (result from FY 2008 activity) $ 5,335,353.89 Add to General Fund Balance: Prior Years Encumbrances $ 608,202.73 Decrease in Prepaids 44.56 Animal Control Well 25,000.00 Commissioners Minutes Continued. December 11, 2008 992 Avian Flu Response 125,000.00 CLEMIS Equipment 1,086,000.00 China Documentary 15,000.00 Clerk Marriage License Software/Query System 8,500.00 Drain Oper & Maint System Consolidation 6,600,000.00 Financial System Phase III 3,500,000.00 Fire Records Medical 550,000.00 HR E-Performance 500,000.00 In-Car Cameras 38,500.00 Jail Telemedicine 250,000.00 Mobile Data Computers 2,600,000.00 Motor Pool Police Capital 1,100,000.00 Ergonomic Equipment 125,000.00 Public Works Renovation 300,000.00 Quality of Life Initiatives 50,000.00 Retro Pay Fringe Increase 191,500.00 Sheriff Lie Detection Program 40,000.00 VEBA 2008 9,000,000.00 Adjusted Total Including Additions $ 26,712,747.29 Deduct from General Undesignated Fund Balance: Increase in Petty Cash $( 2,030.00) Anticipated State Shortfall ( 2,091,151.00) Budget Transition ( 8,252,589.00) Carry Forwards ( 725,727.74) Tax Tribunal Appeals ( 1,000,000.00) Clerk Election Supplies ( 60,000.00) Future Technology Replacement ( 1,000,000.00) HR Comp Workforce Plan ( 22,000.00) HR Legal ( 50,000.00) Uncollectible Property Taxes ( 1,000,000.00) VEBA 2009 ( 3,000,000.00) VEBA 2010 (10,000,000.00) Sheriff Call Taking Equipment ( 350,000.00) ERP Communications Backup System ( 25,000.00) PeopleSoft Upgrade ( 1,000,000.00) Budget Transition –County Exec ( 1,203,989.00) Budget Transition – Circuit Court ( 6,733.00) Budget Transition – District Court ( 5,075.00) Budget Transition – Sheriff ( 242,012.00) Budget Transition – Prosecuting Attorney ( 8,278.00) Budget Transition – Drain ( 74,337.00) Budget Transition – Clerk ( 88.00) Budget Transition – Treasurer ( 7,469.00) Total Subtractions to General Fund Balance $(30,126,478.74) Adjusted Total including Additions/Subtractions 1,921,622.44 Undesignated Fund Balance at Beginning of Year $ 797,382.42 Undesignated Fund Balance at the End of Year $ 2,719,004.86 BE IT FURTHER RESOLVED that the uncollectible debts, as recommended by Department of Management and Budget and stated above are authorized to be written off. BE IT FURTHER RESOLVED that $2,833,867.39 from the Fiscal Year 2008 Designated Fund Balance for Carry Forwards be appropriated in Fiscal Year 2009, as specified below, for departmental use: GENERAL FUND (#10100) Revenue 9010101-196030-665882 Planned use of Fund Balance $ 2,833,867.39 Total General Fund Revenue $ 2,833,867.39 Commissioners Minutes Continued. December 11, 2008 993 Expenditures 1070401-113000-731458 Community Corrections – Prof Svcs $ 75,000.00 1090201-171115-730205 Planning & Econ Dev – Bus. Recruit 190,000.00 1090201-171000-731388 Planning and Econ Dev – Printing 39,000.00 1090201-171000-731458 Planning and Econ Dev – Prof Svc 58,000.00 1090201-171115-731458 Planning and Econ Dev – Prof Svc 90,000.00 1090108-171030-731458 Econ Dev Admin/Mrkt & Comm – Prof Svcs 165,873.00 3010101-121100-731822 Circuit Court – Special Projects 62,729.00 3010101-121100-750154 Circuit Court – Expend Equip 96,232.72 3040403-124015-750154 Probate Court – Expend Equip 15,741.00 3040403-124015-731822 Probate Court – Special Projects 7,510.00 4030301-112590-730373 Sheriff/Corr Svcs – Contracted Svcs 417,483.00 4030601-110040-750070 Sheriff/Invest/Forensic Svcs–Foren Lab 185,000.00 6010301-149010-731458 Drain Comm – Prof Svcs 188,057.00 9010101-153010-740135 Non-Dept. – RCOC Tri-Party 187,625.00 9010101-153010-788001-20221 Transfer to Public Health Fund 1,024,116.67 Total General Fund Expenditures $ 2,833,867.39 HEALTH FUND (#20221) Revenue 9090101-134790-695500-10100 Transfer from General Fund $ 1,024,116.67 Total Health Fund Revenues $ 1,024,116.67 Expenditures 1060201-133150-750154 Health Div – Expendable Equipment $ 2,030.00 1060261-134790-731682 Health Div – Satellite Ctrs $ 1,022,086.67 Total Health Fund Expenditures $ 1,024,116.67 BE IT FURTHER RESOLVED that $350,000 from the Fiscal Year 2008 Designated Fund Balance for Sheriff’s Call Taking Equipment be appropriated as follows: GENERAL FUND (#10100) Revenue 9010101-196030-665882 Planned Use of Fund Balance $ 350,000.00 Total Revenues $ 350,000.00 Expenditures 9010101-112710-788001-53600 Transfer Out to Radio Comm. Fund $ 350,000.00 Total Expenditures $ 350,000.00 RADIO COMMUNICATIONS FUND (#53600) Revenues 1080310-115060-965500-10100 Transfer In from General Fund $ 350,000.00 Total Revenues $ 350,000.00 Expenditures 1080310-115060-665882 Change in Fund Equity $ 350,000.00 Total Expenditures $ 350,000.00 BE IT FURTHER RESOLVED that $2,020,254 be transferred from the Fringe Benefit Fund to the Sheriff’s Office Fringe Benefit – Hospitalization account as follows: GENERAL FUND (#10100) Revenues 9010101-196030-695500-67800 Transfer In from FB Fund $ 2,020,254.00 Expenditures 4030101-112580-722780 Sheriff’s Office – Hosp. $ 21,358.00 4030201-112680-722780 Sheriff/Admin Svcs – Hosp 14,673.00 4030201-112650-722780 Sheriff/Admin Svcs – Hosp 207.00 4030301-112590-722780 Sheriff/Corr Svcs – Hosp 100,336.00 4030301-112620-722780 Sheriff/Corr Svcs – Hosp 533,334.00 4030301-112650-722780 Sheriif/Corr Svcs – Hosp ( 20,404.00) 4030301-112630-722780 Sheriff/Corr Svcs – Hosp 27,026.00 4030401-112590-722780 Sheriff/Corr Svcs/Sat – Hosp 21,512.00 Commissioners Minutes Continued. December 11, 2008 994 4030401-112600-722780 Sheriff/Corr Svcs/Sat – Hosp 89,439.00 4030401-112670-722780 Sheriff/Corr Svcs/Sat – Hosp 48,683.00 4030401-113360-722780 Sheriff/Corr Svcs/Sat – Hosp 37,103.00 4030401-113380-722780 Sheriff/Corr Svcs/Sat - Hosp 89,784.00 4030401-121280-722780 Sheriff/Corr Svcs/Sat – Hosp 11,297.00 4030401-112660-722780 Sheriff/Corr Svcs/Sat – Hosp 54,516.00 4030501-110110-722780 Sheriff/Emerg Prep Trng – Hosp ( 76,077.00) 4030501-112630-722780 Sheriff/Emerg Prep Trng – Hosp 455,901.00) 4030505-110110-722780 Sheriff/Emerg Prep Trng – Hosp 109,000.00 4030510-116230-722780 Sheriff/Emerg Prep Trng – Hosp 521,396.00 4030601-110000-722780 Sheriff/Patrol Svcs – Hosp 35,420.00 4030601-110020-722780 Sheriff/Patrol Svcs – Hosp 21,039.00 4030601-110030-722780 Sheriff/Patrol Svcs – Hosp 117,326.00 4030601-116180-722780 (40440) Sheriff/Patrol Svcs – Hosp ( 1,935,483.00) 4030601-116180-722780 (99900) Sheriff/Patrol Svcs – Hosp 1,664,049.00 4030601-116180-722780 (40080) Sheriff/Patrol Svcs – Hosp 426,071.00 4030601-116180-722780 (40130) Sheriff/Patrol Svcs – Hosp 363,710.00 4030601-116181-722780 Sheriff/Patrol Svcs – Hosp 14,185.00 4030601-116200-722780 Sheriff/Patrol Svcs – Hosp 31,417.00 4030601-116070-722780 Sheriff/Patrol Svcs – Hosp 13,879.00 4030901-110040-722780 Sheriff/Invst/Forensic - Hosp 5,826.00 4030901-110050-722780 Sheriff/Invst/Forensic – Hosp 33,368.00 4030901-110060-722780 Sheriff/Invst/Forensic – Hosp 34,156.00 4030901-110090-722780 Sheriff/Invst/Forensic – Hosp 35,874.00 4030901-110100-722780 Sheriff/Invst/Forensic – Hosp 1,951.00 4030901-116270-722780 Sheriff/Invst/Forensic – Hosp 5,908.00 4030901-112620-722780 Sheriff/Invst/Forensic – Hosp 4,647.00 4030901-116180-722780 Sheriff/Invst/Forensic – Hosp 4,651.00 Total GF Expenditures $ 2,020,254.00 FRINGE BENEFIT FUND (#67800) Expenditures 9011501-183190-730870 Fringe Benefit - Hosp ($ 2,020,254.00) 9011501-183190-788001 FB Transfer Out to GF 2,020,254.00 Total FB Expenditures $ 0 BE IT FURTHER RESOLVED that additional revenue for the Sheriff’s Correction Services (GF Account #222450) be recognized to offset overage in Overtime used to implement new software for tracking prisoners as follows: GENERAL FUND (#10100) Revenues 4030301-112620-670285 Sheriff/Corr Svcs – Enhance Fund $ 263,116.00 Total Revenues $ 263,116.00 Expenditures 4030301-112620-712020 Sheriff/Corr Svc. – Overtime $ 263,116.00 Total Expenditures $ 263,116.00 BE IT FURTHER RESOLVED that the Sheriff’s budget is amended as follows so that the budget accurately reflects actual expenditures for the pilot tethering program: GENERAL FUND (#10100) Expenditures 4030401-113370-730373 Sheriff/Corr Svcs-Sat – Cont Svcs ($ 150,000.00) 4030301-112590-730373 Sheriff/Corr Svcs – Contract Svcs 150,000.00 Total Expenditures $ 0 BE IT FURTHER RESOLVED that the Circuit Court Friend of the Court Fiscal Year 2008 Access and Visitation Grant be amended to reflect additional funding from the State in the amount of $3,500 as follows: Commissioners Minutes Continued. December 11, 2008 995 FOC ACCESS AND VISITATION GRANT FUND (#27120) Project #GR0000000082 Revenues 3010401-126030-615571 State Operating Grants $ 3,500.00 Total Revenues $ 3,500.00 Expenditures 3010401-126030-731458 Professional Services $ 3,500.00 Total Expenditures $ 3,500.00 BE IT FURTHER RESOLVED that the Micrographics Fund (#65400) be closed out and that funds be transferred to Micrographics Fund; funding is available from Unreserved Undesignated Fund Balance, which is appropriated to the Clerk’s Office for this purpose: GENERAL FUND (#10100) Revenues 9010101-196030-665882 Planned Use of Fund Balance $ 320,015.14 Total Revenues $ 320,015.14 Expenditures 2010601-172190-788001-65400 Clerk/ROD – Transfer Out $ 320,015.14 Total Expenditures $ 320,015.14 MICROGRAPHICS FUND (#65400) Revenues 2010601-172190-695500-10100 Transfer In from Gen. Fund $ 320,015.14 Total Revenues $ 320,015.14 Expenditures 2010601-172190-796500 Budget Equity Adjustments $ 320,015.14 Total Expenditures $ 320,015.14 BE IT FURTHER RESOLVED that Community Correction’s budget be amended as follows to reappropriate Grant Match budget to Transfer Out account to match actual expense: GENERAL FUND (#10100) Expenditures 1070401-113000-730800 Grant Match ($ 301,624.00) 1070401-113000-788001 Transfer Out to Comm Corr Grnt 301,624.00 Total Expenditures $ 0 BE IT FURTHER RESOLVED that the Parks and Recreation Commission budget be amended to reflect the use of contingency for building maintenance improvements as follows: PARKS AND RECREATION FUND (#50800) Expenditures 5060735-160070-730198 Building Maintenance Charges $ 100,000.00 5060838-160210-730198 Building Maintenance Charges 1,500.00 5060201-160000-730359 Contingency ( 101,500.00) Total Expenditures $ 0 BE IT FURTHER RESOLVED that the Convention Facility Liquor Tax Revenue budget be adjusted to reflect additional revenue from the State as follows: GENERAL FUND (#10100) Revenues 901010-196010-620302 Non-Dept Convention Facility Liquor Tax $1,100,254.00 Total Revenues $1,100,254.00 Expenditures 9090101-196030-730359 Non-Dept Contingency $ 550,127.00 9010101-134860-788001-20221 Non-Dept Trans Out to Health Fund $ 550,127.00 Total Expenditures $1,100,254.00 HEALTH FUND (#20221) Revenues 9090101-134860-695500-10100 Non-Dept Trans In from Gen Fund $ 550,127.00 Total Revenues $ 550,127.00 Commissioners Minutes Continued. December 11, 2008 996 Expenditures 1060261-134790-731682 Health – Satellite Centers $ 550,127.00 Total Expenditures $ 550,127.00 BE IT FURTHER RESOLVED that the budget be amended in the amount of $388,000 to reflect additional State revenue for Reimbursement of Salaries and Diverted Felons to offset Overtime expenses as follows: GENERAL FUND (#10100) Revenues 4030601-110000-631869 Sheriff – Reimb of Salaries $ 312,000.00 4030301-112620-630553 Sheriff – Diverted Felons 76,000.00 Total Revenues $ 388,000.00 Expenditures 4030301-112620-712020 Sheriff/Corr Svcs – Overtime $ 76,000.00 4030401-112660-712020 Sheriff/Corr Svcs-Sat – Overtime 249,000.00 4030101-112580-712020 Sheriff’s Office – Overtime 22,000.00 4030101-112580-712010 Sheriff’s Office – Salaries 41,000.00 Total Expenditures $ 388,000.00 BE IT FURTHER RESOLVED that various revenues be adjusted in the Prosecutor’s budget to reflect additional state funding and offset expenditures as follows: GENERAL FUND (#10100) Revenues 4010101-122050-630259 Prosecutor – Class Fees $ 5,240.00 4010101-122050-630602 Prosecutor – Educational Training 1,192.00 4010101-122050-630660 Prosecutor – Extradition Recovery Fee 4,353.00 4010101-122050-631617 Prosecutor – Program Income 6,966.00 4010101-122000-632827 Prosecutor – Reimbursement General 250.00 4010101-122050-632478 Prosecutor – Welfare Fraud Case Recovery 16,249.00 4010101-135170-631827 Prosecutor – Reimbursement General 555.00 Total Revenues $ 34,805.00 Expenditures 4010201-122080-788001-27310 Prosecutor – Transfer Out $ 805.00 4010201-122080-788001-27315 Prosecutor – Transfer Out 34,000.00 Total Expenditures $ 34,805.00 BE IT FURTHER RESOLVED that the Fiscal Year 2008 Deficit Elimination Plan per the attached letter is approved to be submitted to the State Department of Treasury. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Letter of Transmittal – Fiscal Year 2008 Year End Report, County of Oakland Revenues and Expenditures for General Fund General Purpose Funds for the Fiscal Year Ended September 30, 2008, Oakland County Encumbrances Fiscal Year Ended September 30, 2008, Oakland County, Michigan General Fund Equity as of September 30, 2008, Oakland County, Michigan Use of General Fund – Fund Balance During Fiscal Year 2008, Oakland County, Michigan Use of General Fund Equity During Fiscal Year 2008, County of Oakland Fiscal Year 2008 Year End Report General Fund/General Purpose Revenue and Expenditures Summary by Department, County of Oakland General Fund/General Fund / General Purpose Revenues Fiscal 2008 Year End Report, County of Oakland Detail of Non-Departmental Sundry Revenues for the twelve months ended September 30, 2008, Correspondence regarding the Fiscal Year 2008 Appropriation for the County Jail Reimbursement Program, Correspondence regarding Fiscal Year 2007/2008 County Jail Reimbursement Program Lack of Funds, Communication regarding write-off of State of Michigan A/R Diverted Felon Reimbursement, Schedule of Donations for Restricted Funds for the Year Ended Fiscal year 2008, Memo Regarding Contributions for Little Oaks, Correspondence from Timothy J. Soave and County of Oakland Drain Equipment Fund 63900 – Projections through Fiscal Year 2012 on file in County Clerk’s office. Commissioners Minutes Continued. December 11, 2008 997 (The vote for this motion appears on page 1029.) *MISCELLANEOUS RESOLUTION #08267 BY: Finance Committee, Mike Rogers, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHOLOGY/CLEMIS – ELECTRONIC CRASH CAPTURE AND SUBMISSION GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Information Technology/CLEMIS requests to implement an internally developed software program to create an electronic crash report to participating CLEMIS agencies; and WHEREAS Information Technology/CLEMIS has applied for and has received a grant from the Michigan Office of Highway Safety in the amount of $208,902 for the period of November 12, 2008 through September 30, 2009; and WHEREAS the Department of Information Technology/CLEMIS was notified of the grant award via attached letter dated November 12, 2008; and WHEREAS progress/financial reports are due in January 2009, necessitating the need to expedite the acceptance process outside of the Board of Commissioners Grant Acceptance procedures which required approval to suspend the Board Rules by submitting a miscellaneous resolution directly to the Finance Committee; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process; and WHEREAS the total amount of the Electronic Crash Capture and Submission program is anticipated to be $548,000 which is included in the Fiscal Year 2009 CLEMIS Fund budget; and WHEREAS the grant funds of $208,902 does not provide funding for positions but offsets the total project costs to provide funding for the cost of training law enforcement staff and purchase magstrip devices used to scan driver licenses as part of the software application to create accident reports developed by CLEMIS staff; and WHEREAS the software application can be used on either Mobile Data Computers that reside in the patrol vehicles or computers at the local police departments and the application will have the ability to import vehicle and driver information queries from the Michigan Secretary of State by the officers; and WHEREAS the use of the software will replace the paper report, eliminate the need to manually draw the street and vehicles picture required for the report, electronically submit the Michigan State Police, and make available for purchase on the Oakland County e-Commerce website thereby creating new revenue for use by CLEMIS and the participating agencies; and WHEREAS the additional revenue received by CLEMIS Fund which is based on estimated volume of crash reports available through the e-Commerce website is estimated to be $70,000 net of ACH, charge card or bank fees incurred; and WHEREAS acceptance of the grant acknowledges anticipation that the Electronic Crash Capture and Submission program would be incorporated into the operational budget of the CLEMIS fund after the use of the grant funds and implementation of program are completed. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts grant funding from the Michigan Office of Highway Safety in the amount of $208,902 with no county match requirement, for the period of November 12, 2008 through September 30, 2009. BE IT FURTHER RESOLVED that the acceptance of this grant does not obligate the County to any future commitment. BE IT FURTHER RESOLVED that the Fiscal Year 2009 Budget be amended as specified below: CLEMIS FUND 53500 FY 2009 Revenue 1080301-173080-630637 Enhanced Access Fee $ 70,000 1080301-116020-665882 Changes in Fund Equity ($ 70,000) Total CLEMIS Fund $ -0- ELECTRONIC CRASH CAP GRT FUND 29238 Revenue 1080305-173080-610314 Grant - Federal $208,902 Commissioners Minutes Continued. December 11, 2008 998 Expense 1080305-173080-731458 Professional Svcs $120,000 1080305-173080-750170 Expendable Equipment 88,902 $208,902 Total Grant Fund $ -0- Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Grant Review Sign Off – Information Technology CLEMIS, Correspondence from Michael L. Prince, Acceptable Back-Up Documentation for Federal Cost Claims, Mileage Reimbursement Procedures for Federal Enforcement Grants, List of Federal CFDA Numbers for Highway Safety Grants FY 2009 and Highway Safety Grant Application on file in County Clerk’s Office. (The vote for this motion appears on page 1029.) *REPORT (MISC. #08260) BY: Personnel Committee, Tom Middleton, Chairperson IN RE: CENTRAL SERVICES DEPARTMENT/AVIATION AND TRANSPORTATION DIVISION – REPLACEMENT OF CONTRACTED SERVICES WITH PTNE POSITIONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee having reviewed Miscellaneous Resolution #08260 on December 3, 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 #08260 BY: General Government Committee, Christine Long, Chairperson IN RE: CENTRAL SERVICES DEPARTMENT/AVIATION AND TRANSPORTATION DIVISION - REPLACEMENT OF CONTRACTED SERVICES WITH PTNE POSITIONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Aviation and Transportation Division currently contracts with New Hudson Aero, LLC to perform the duties of general helper/maintenance at the Oakland/Southwest Airport; and WHEREAS the duties performed by the contract employees are required to ensure compliance with Federal Aviation Administration (FAA) guidelines that include: performing daily inspections of the facilities and notifying management of any safety issues (i.e. broken pavement on the runways), answering the Unicom radio, informing Pilots of airport advisories, monitoring and inspecting the automated weather observation service, performing minor runway repairs (i.e. broken lights), responding to requests for minor T-hanger repairs, maintaining and cleaning the terminal buildings, and performing snow removal during the winter months; and WHEREAS the current contract with the Oakland/Southwest Airport is scheduled to expire on December 31, 2008; and WHEREAS New Hudson Aero LLC has informed the airport that if they were to continue, there would need to be an increase in the rates charged for these services for 2009; and WHEREAS the cost of creating four (4) PR PTNE General Helper positions to assume the work load currently performed by New Hudson Aero, LLC will be more cost effective. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the creation of four (4) PR funded PTNE 1,000 hour/year General Helper positions in the Central Services/Aviation and Transportation Division/Oakland/Southwest Airport. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Commissioners Minutes Continued. December 11, 2008 999 FISCAL NOTE (MISC. #08260) BY: Finance Committee, Mike Rogers, Chairperson IN RE: CENTRAL SERVICES DEPARTMENT/AVIATION AND TRANSPORTATION DIVISION– REPLACEMENT OF CONTRACTED SERVICES WITH PTNE POSITIONS 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 Aviation and Transportation Division currently utilize the services of New Hudson Aero, LLC to employ contract employees to perform the duties of general helper/maintenance at the Oakland/Southwest Airport. 2. The duties performed by the General Helper positions are required to ensure compliance with the Federal Aviation Administration (FAA) guidelines. 3. The current contract with the Oakland/Southwest Airport is scheduled to expire on December 31, 2008. 4. The cost to renew the contract for the Oakland/Southwest Airport is proposed to increase to $103,200 from $102,000 with no added services. 5. The total cost of creating four (4) PR PTNE General Helper positions will be $47,131 ($45,275 for salaries and $1,856 for fringe benefits) resulting in a $56,069 savings. 6. A budget amendment to the Fiscal Year 2009 and Fiscal Year 2010 budget is recommended as follows: COUNTY AIRPORTS FUND (#56500) FY 2009 FY 2010 Expenditures 1030701-154010-731171 Management Services ($47,131) ($47,131) 1030750-154010-702010 Salaries Regular 45,275 45,275 1030750-154010-722740 Fringe Benefits 1,856 1,856 Total Expenditures $47,131 $47,131 -0 - -0- FINANCE COMMITTEE (The vote for this motion appears on page 1029.) *MISCELLANEOUS RESOLUTION #08261 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 BLOOMFIELD 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 Bloomfield 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 Bloomfield 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 Bloomfield 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 Bloomfield. Commissioners Minutes Continued. December 11, 2008 1000 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 BLOOMFIELD 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 Bloomfield, a Michigan Constitutional and Municipal Corporation whose address is 4200 Telegraph Rd; PO Box 489, Bloomfield Hills, MI 48303-0489 (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 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 Bloomfield, it means the Charter Township of Bloomfield Council. 1.6. Municipality means the Charter Township of Bloomfield, 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. Commissioners Minutes Continued. December 11, 2008 1001 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 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. Commissioners Minutes Continued. December 11, 2008 1002 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, 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 Bloomfield, 4200 Telegraph Rd; PO Box 489, Bloomfield Hills, MI 48303-0489. 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. Commissioners Minutes Continued. December 11, 2008 1003 IN WITNESS WHEREOF, ______________________________________ hereby acknowledges that he/she has been authorized by a resolution of the Charter Township of Bloomfield, 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. #08261) 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 BLOOMFIELD 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’s 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 Bloomfield 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 $825 (33 precincts @ $25 per precinct) of General Fund revenue in the Board of Canvasser Services Fee line item for Fiscal Year 2009 and Fiscal Year 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 $825 $825 Total Revenues $825 $825 Expenditure 2010301-185010-730709 Fees-Per Diems $825 $ 825 Total Expenditures $825 $ 825 FINANCE COMMITTEE Commissioners Minutes Continued. December 11, 2008 1004 (The vote for this motion appears on page 1029.) *MISCELLANEOUS RESOLUTION #08268 BY: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION - FISCAL YEAR 2008/2009 MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY (MDEQ) REIMBURSEMENT AGREEMENT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS for Fiscal Year 2008/2009, the Michigan Department of Environmental Quality (MDEQ) has awarded a reimbursement agreement to the Oakland County Health Division for services related to Non- community – Type II Water Supply, Long-Term Drinking Water Monitoring, Radon, Public Swimming Pool Inspections, Septage, On-Site Sewer and Campground Inspection; and WHEREAS the services referenced above are ongoing; and WHEREAS the Fiscal Year 2007/2008 MDEQ Reimbursement Agreement reflected a total funding amount of $1,209,097; and WHEREAS $880,892 in funding for On-Site Sewer and Drinking Water Supply activities was shifted from the MDEQ Reimbursement Agreement to the Comprehensive Planning, Budgeting, and Contracting Agreement for Fiscal Year 2008/2009; and WHEREAS the Fiscal Year 2008/2009 MDEQ Reimbursement Agreement reflects a total funding amount of $276,438, which is a $51,767 net decrease from the previous agreement; and WHEREAS no personnel changes have been requested for the reimbursement programs at this time; and WHEREAS this Reimbursement 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 Michigan Department of Environmental Quality Reimbursement Agreement in the total amount of $276,438, beginning October 1, 2008 through September 30, 2009. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approval of the above- referenced contract is specifically conditioned and premised upon the Department’s concurrence in the terms and conditions contained in Addendum A of the Agreement, as mutually agreed to by the County and the Michigan Department of Environmental Quality. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes its Chairperson to execute this Agreement subject to the following additional condition: That the County’s approval for entering into this Agreement is specifically conditioned and premised upon the acceptance, approval and execution of the Agreement and Addendum A by the Michigan Department of Environmental Quality, and that the failure of the Michigan Department of Environmental Quality to execute the Agreement as specified shall, without any further act of the Oakland County Board of Commissioners, automatically negate and void the County’s approval and/or acceptance of this agreement as provided for in this resolution. BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the Reimbursement Agreement and approve changes and extensions not to exceed fifteen percent (15%), which is consistent with the agreement as originally approved. 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 Division, Department of Health and Human Services/Health Division Fiscal year 2008/2009 Michigan Department of Environmental Quality Reimbursement Agreement Acceptance on file in County Clerk’s Office. Commissioners Minutes Continued. December 11, 2008 1005 FISCAL NOTE (MISC. #08268) BY: Finance Committee, Mike Rogers, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION – FISCAL YEAR 2008/2009 MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY (MDEQ) REIMBURSEMENT AGREEMENT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: 1. The Michigan Department of Environmental Quality (MDEQ) has awarded $276,438 to the Oakland County Health Division for services related to Non-Community (Type II) Water Supply, Long-Term Drinking Water Monitoring, Radon, Public Swimming Pool Inspections, Septage, On- Site Sewage, Campground Inspection and Drinking Water Supply. 2. The grant award of $276,438, is a $51,767 decrease from the previous agreement. 3. The amount of reimbursement is $59,267 less than the Fiscal Year 2009 budget of $335,705. 4. This reimbursement agreement does not obligate the County to any future commitment. 5. A budget amendment is recommended to reflect the decrease in revenue as well as the offsetting decrease in expenditures for the Fiscal Year 2009 budget per the attached Schedule A. FINANCE COMMITTEE (The vote for this motion appears on page 1029.) *MISCELLANEOUS RESOLUTION #08269 BY: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – REQUEST FOR APPROVAL OF CAMS CUSTOMER REQUEST MANAGEMENT AGREEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Collaborative Asset Management System (CAMS) project will standardize countywide infrastructure (water, sewer, storm and roads) allowing Oakland County, the Road Commission for Oakland County (RCOC) and local governments to proactively manage assets and mitigate long-term costs associated with the operations and maintenance of critical infrastructure; and WHEREAS the CAMS project was previously approved by the Oakland County Board of Commissioners by Miscellaneous Resolution #07293; and WHEREAS the CAMS project promotes collaboration and improved workflows among participants ultimately handling service requests more efficiently and responsively; and WHEREAS by centralizing data the system will promote information standardization, reduce duplication of data and will be a low cost way for other Oakland County governmental agencies to gather and share information across jurisdictional and organizational boundaries; and WHEREAS the CAMS participating agencies include the Oakland County Water Resources Commissioner’s Office, Oakland County Parks and Recreation, and RCOC; and WHEREAS the CAMS participating agencies have agreed to pay a share of the centralized CAMS maintenance/support costs and will be responsible for paying maintenance/support costs on such items as agency equipment, wireless communication costs and GIS data maintenance costs; and WHEREAS the RCOC will be a participating CAMS agency; and is responsible for paying maintenance/support costs on such items as agency equipment, wireless communication costs and GIS data maintenance costs; and WHEREAS to implement and maintain the CAMS application for the RCOC, Oakland County needs to enter into the attached CAMS Customer Request Management Agreement to define the relationship and responsibilities between the Parties; and WHEREAS the Departments of Information Technology and Corporation Counsel have prepared the CAMS Customer Request Management Agreement between Oakland County and the RCOC, Customer Request Management (CRM) Application Service Level Agreement, and RCOC Customer Request Management Implementation Scope of Work Document; and Commissioners Minutes Continued. December 11, 2008 1006 WHEREAS legal representation from the RCOC have reviewed and approved the contents of the CAMS Customer Request Management Agreement between Oakland County and the RCOC, the Customer Request Management (CRM) Application Service Level Agreement, and the RCOC Customer Request Management Implementation Scope of Work Document; and WHEREAS it is the recommendation of the Department of Information Technology that the Oakland County Board of Commissioners accepts and approves the attached agreements. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached CAMS Customer Request Management Agreement between Oakland County and the RCOC, the Customer Request Management (CRM) Application Service Level Agreement and the RCOC Customer Request Management Implementation Scope of Work Document to govern the relationship and responsibilities between Oakland County and the RCOC. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs it’s Chairperson or his designee to execute the attached CAMS Customer Request Management Agreements between the RCOC and Oakland County, following execution from the RCOC. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE CAMS CUSTOMER REQUEST MANAGEMENT AGREEMENT COUNTY OF OAKLAND AND ROAD COMMISSION FOR OAKLAND COUNTY THIS AGREEMENT is made between the County of Oakland (County), a Constitutional and Municipal Corporation, with offices at 1200 N. Telegraph Road, Pontiac, Michigan 48341, and the Road Commission for Oakland County (RCOC), a Public Body Corporate, with offices at 31001 Lahser Road, Beverly Hills, Michigan 48025. In this Agreement, the County and the RCOC may be referred to individually as “Party” or jointly as “Parties.” WHEREAS, the RCOC and the Oakland County Information Technology (OCIT) have determined that the needs of the RCOC’s Department of Citizen Services (DCS) could be met through utilization of the AZTECA Customer Request Management (CRM) application and related training and service; and WHEREAS, the terms and conditions of such utilization, training and service are set forth in a Service Level Agreement (SLA) and Scope of Work Document (SOW), between the RCOC and OCIT, which are attached hereto and incorporated herein by reference; and WHEREAS, the total cost to the RCOC for such utilization, training and service are set forth in Paragraph 5 (Application Support Costs) of the SLA. IN CONSIDERATION of the mutual promises, obligations, representations and assurances in this Agreement, the Parties agree as follows: 1. That the Purpose of this Agreement is to provide for the use, by the RCOC, of AZTECA CRM application, through Oakland Information Technology (OCIT), together with training and other services as needed. 2. That “Oakland County” and “Road Commission for Oakland County” shall be defined to include any and all departments, divisions, commissioners, elected and appointed officials, directors, board members, council members, authorities, officers, committees, employees, agents, subcontractors, volunteers and/or any such persons’ successors. 3. That the Service Level Agreement (SLA), dated 11-07-08, and Scope of Work Document (SOW), dated 11-06-08, attached hereto in reference to RCOC’s utilization of the AZTEC CRM application, are hereby incorporated by reference herein. 4. That the County, through the OCIT, will host and make available to the RCOC, the AZTECA CRM application and will provide training and service as appropriate, in accordance with the terms of the SLA and SOW attached hereto. 5. That the RCOC will make payments to the County in accordance with the terms set forth in Paragraph 5 of the SLA attached hereto. 6. That nothing in this Agreement shall be construed as creating an employer-employee relationship between the County (including any of its employees) and the RCOC (including any of its employees). Commissioners Minutes Continued. December 11, 2008 1007 7. That each Party shall be responsible for the acts and/or omissions of its agents and/or employees. Nothing in this Agreement shall be construed as creating an obligation to indemnify or defend the other for any claim, damage or liability arising out of this Agreement. 8. That except as provided for the benefit of the Parties, this Agreement does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to indemnification, right to subrogation, and/or any other right in favor of any other person or entity. 9. That 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. 10. That any modifications, amendments, rescissions, waivers, or releases to this Agreement must be in writing and agreed to by both Parties. 11. That this Agreement represents the entire Agreement between the Parties and supersedes all other Agreements between the Parties governing the matters described herein. 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. 12. That 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. 13. This Agreement shall be governed by the laws of the State of Michigan. 14. The term of this Agreement shall be for five years from the date on which it is executed. Except if terminated as set forth herein, this Agreement shall be automatically renewed for two additional successive two year terms. Thereafter, renewal shall be by agreement of the Parties. Termination requires one year notice by the terminating Party. All RCOC records shall be returned to the RCOC upon termination of this Agreement. The Parties, Oakland County and the Road Commission for Oakland County, by signing below, enter into this CAMS Customer Request Management Agreement. OAKLAND COUNTY By: Bill Bullard, Jr. Date: Its: Chairperson, Oakland County Board of Commissioners ROAD COMMISSION FOR OAKLAND COUNTY By: Brent O. Bair Date: Its: Managing Director Copy of Oakland County Michigan Customer Request Management (CRM) Application Service Level Agreement and RCOC Customer Request Management Implementation on file in County Clerk’s office. FISCAL NOTE (MISC. #08269) BY: Finance Committee, Mike Rogers, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – REQUEST FOR APPROVAL OF CAMS CUSTOMER REQUEST MANAGEMENT AGREEMENT 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 Information Technology requests approval to enter into the CAMS Customer Request Management Agreement with the Road Commission for Oakland County. 2. Miscellaneous Resolution #07293 approved the Collaborative Asset Management System project and authorized maintenance/support costs to be shared with participating agencies. 3. The participating agency will be responsible for paying maintenance costs associated with centralized equipment and agency equipment including wireless communication and GIS data maintenance costs. Commissioners Minutes Continued. December 11, 2008 1008 4. Support and maintenance costs identified within this agreement of the Road Commission of Oakland County will include the annual software support fee for the use of the application at a not to exceed amount of $70,000 per year for the first five years with the first payment due on the ‘go live’ date or October 1, 2009, whichever is earlier. 5. Any incremental application support will be recognized as incidents reported to Information Technology’s Service Center and billed quarterly at the current development rate of $122/hr. 6. A budget amendment is recommended to the Information Technology Fund for Fiscal Year 2009 and Fiscal Year 2010 budget to authorize the agreement and increase revenues and expenses as follows: INFORMATION TECHNOLOGY - 63600 FY 2009 FY 2010 Revenue 1080101-152000-635017 Outside Agencies $ -0- $70,000 Total Revenue $ -0- $70,000 Expense 1080201-152010-731780 Software Maintenance $ -0- $70,000 Total Expense $ -0- $70,000 FINANCE COMMITTEE (The vote for this motion appears on page 1029.) *REPORT BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – WOMEN’S COMMISSION FOR OAKLAND COUNTY – YEAR-END REPORTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the attached year-end reports from the Women’s Commission and its various subcommittees, submits these reports to the full Board of Commissioners for review. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Copy of Women’s Commission for Oakland County 2008 Report on file in County Clerk’s office. (The vote for this motion appears on page 1029.) *MISCELLANEOUS RESOLUTION #08270 BY: Personnel Committee, Tom Middleton, Chairperson IN RE: HUMAN RESOURCES – AUTHORIZATION TO SUPPLEMENT PAY AND PROVIDE MEDICAL BENEFITS FOR DEPENDENTS OF EMPLOYEES CALLED TO ACTIVE MILITARY DUTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in 1991 during the Desert Storm Crisis in the Persian Gulf, the Oakland County Board of Commissioners adopted Miscellaneous Resolutions #91001 and #91047, which authorized the County to supplement military pay of employees called to active military duty; and WHEREAS as a result of the September 11th, 2001 act of terrorism against the United States, the Oakland County Board of Commissioners approved Miscellaneous Resolution #01269 authorizing the County to supplement the military pay and continue the medical benefits for the dependents of our employees called to active military duty; and WHEREAS employee activation for military service has continued due to military activity occurring in different locations throughout the world; and Commissioners Minutes Continued. December 11, 2008 1009 WHEREAS Oakland County remains committed to supporting our County employees, who out of commitment to the protection of our country, have dedicated their time and energy to serve as military reservists. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the County to supplement the military pay for employees called to active duty so that they will receive total pay equal to their County compensation retroactive to the date of their military call-up. BE IT FURTHER RESOLVED that compensation be defined as the employee’s published base salary and service increment rate (if applicable) at the time of call-up, plus any merit increases or service increment changes which would be scheduled if the employee were actively working at the County. The supplement will equal the employee’s compensation, less the employee’s total military pay for the period for which the supplement is being computed. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the County to continue medical benefits for the dependents of employees on active military duty. BE IT FURTHER RESOLVED that the Department of Human Resources will report annually to the Personnel Committee regarding the status of employees in this program. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE FISCAL NOTE (MISC. #08270) BY: Finance Committee, Mike Rogers, Chairperson IN RE: HUMAN RESOURCES – AUTHORIZE THE COUNTY TO SUPPLEMENT PAY AND PROVIDE MEDICAL BENEFITS FOR DEPENDENTS OF EMPLOYEES CALLED TO ACTIVE MILITARY DUTY 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. It is requested that County employees called to active duty will receive supplemental pay so that they receive a total pay equal to their County compensation retroactive to the date of their military call up, and that their dependents will continue to receive medical benefits while the employee is serving military duty. 2. Currently, there is one (1) FTE County employee serving active duty in the military. 3. Bi-weekly supplemental cost for the reservist is estimated at $336. 4. Based on the estimated time of active military duty, it is estimated the total cost to the County will be $12,438 in supplemental pay on an annual basis. 5. The County budget for salary and fringe benefits is an amount equal to “full-employment” and therefore, sufficient funds should be available within the departments’ budget to cover the expense for employees called to active duty. However, should a department require temporary replacement personnel on an emergency basis to continue standard operations, additional funding may be required. 6. At this time, no budget amendment is recommended. FINANCE COMMITTEE (The vote for this motion appears on page 1029.) *MISCELLANEOUS RESOLUTION #08262 BY: Personnel Committee, Thomas F. Middleton, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT - SALARY ADMINISTRATION PLAN 4TH QUARTERLY REPORT FOR FISCAL YEAR 2008 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Salary Administration Plan approved by the Board of Commissioners for Salary Grades 1 - 21 provides a process for departments and employees to request a review of the salary grade placement of classifications; and Commissioners Minutes Continued. December 11, 2008 1010 WHEREAS the 4th Quarterly Report for Fiscal Year 2008 identifies the job studies conducted and the salary grade changes recommended by the Human Resources Department after completion of this review process; and WHEREAS funding is available in the Classification and Rate Change fund to implement GF/GP salary grade changes resulting from this Salary Administration Quarterly Report recommendations; and WHEREAS funding is available in the FM&O Fund to implement salary grade changes resulting from recommended Proprietary salary grade changes. NOW THEREFORE BE IT RESOLVED that the Oakland Board of Commissioners authorizes implementation of the Salary Administration Plan 4th Quarterly Report for Fiscal Year 2008, which includes the following classification changes: Salary Grade Classification From: To: Position Number Supervisor – FM&O Administrative Services 11 12 1040701-03646 Retitle one (1) ADR Coordinator to Caseflow/ADR Coordinator 11 11 3010301-07257 BE IT FURTHER RESOLVED that the following unused classification titles be deleted: Psychiatrist PT Consultant Psychiatrist PhD Storekeeper Helper Water Meter Technician Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE Copy of Oakland County Salary Administration Fourth Quarterly Report for Fiscal Year 2008 on file in County Clerk’s office. FISCAL NOTE (MISC. #08262) BY: Finance Committee, Mike Rogers, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT – SALARY ADMINISTRATION PLAN 4TH QUARTERLY REPORT FOR FISCAL YEAR 2008 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 Human Resources Department, with approval from the Board of Commissioners, provides a process for departments and employees requesting a review of the salary grade placement classifications for Grades 1 – 21. 2. One (1) Proprietary Fund Supervisor - FM&O Administrative Services position in the Facilities Maintenance and Operations Division will be upgraded from a grade 11 to a grade 12, at an annual cost of $5,227 and $4,021 for the remainder of Fiscal Year 2009 in salaries and fringe benefits. 3. There are no General Fund/General Purpose position changes. 4. The cost to upgrade the Supervisor - FM&O Administrative Services position will be covered by the Facilities Maintenance and Operations Fund (#63100). 5. One (1) ADA Coordinator position in the Circuit Court-Civil/Criminal Division is to be retitled to Caseflow/ADA Coordinator. 6. The following unused classification titles are to be deleted: Psychiatrist PT Consultant Psychiatrist PhD Storekeeper Helper Water Meter Technician 7. The classification upgrade, position retitle and deletion of unused classifications will be effective December 20, 2008. 8. No budget amendment is recommended. FINANCE COMMITTEE Commissioners Minutes Continued. December 11, 2008 1011 (The vote for this motion appears on page 1029.) *MISCELLANEOUS RESOLUTION #08263 BY: Planning and Building Committee, Sue Ann Douglas, Chairperson IN RE: THE DEPARTMENT OF FACILITIES MANAGEMENT/THE OAKLAND COUNTY INTERNATIONAL AIRPORT – REQUEST TO GRANT EASEMENT FOR UNDERGROUND ELECTRIC SERVICE TO THE DETROIT EDISON COMPANY – OAKLAND COUNTY INTERNATIONAL AIRPORT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is the owner of the Oakland County International Airport located in the Township of Waterford; and WHEREAS pursuant to the terms and conditions of a land lease between the County of Oakland and Corporate Air Hangar II, LLC, a new hangar and related facilities has been constructed by Corporate Air Hangar II, LLC at the Oakland County International Airport; and WHEREAS the Detroit Edison Company is in the process of providing electrical service to a new hangar and has requested that the County of Oakland grant a 10-ft. wide easement for underground electric service; and WHEREAS the Oakland County Airport Committee staff and the Detroit Edison Company have agreed upon a route for the said underground electric service, which will provide electric service inclusive of a new transformer at the Oakland County International Airport; and WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the granting of the easement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes and approves the granting of the attached easement for underground electric service and related appurtenances to the Detroit Edison Company for the sum of one dollar. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or designee to execute the attached easement for underground electric service and related appurtenances. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Non-Exclusive Underground Easement in Gross Detroit Edison Company (Right of Way No. 28142441-28142488) on file in County Clerk’s office. FISCAL NOTE (MISC. #08263) BY: Finance Committee, Mike Rogers, Chairperson IN RE: THE DEPARTMENT OF FACILITIES MANAGEMENT/THE OAKLAND COUNTY INTERNATIONAL AIRPORT – REQUEST TO GRANT EASEMENT FOR UNDERGROUND ELECTRIC SERVICE TO THE DETROIT EDISON COMPANY - OAKLAND COUNTY INTERNATIONAL AIRPORT 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. A new hangar and related facilities have been constructed by Corporate Air Hangar II, LLC at the Oakland County International Airport. 2. The Detroit Edison Company is in the process of providing electrical service to the new hangar and has requested that Oakland County grant an easement for underground electric service. 3. The resolution authorizes and approves the granting of an easement for underground electric service and related appurtenances to the Detroit Edison Company for the sum of one (1) dollar. 4. No General Fund/General Purpose amendment is recommended. FINANCE COMMITTEE (The vote for this motion appears on page 1029.) Commissioners Minutes Continued. December 11, 2008 1012 *REPORT (MISC. #08253) BY: Public Services Committee, Jeff Potter, Chairperson 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: The Public Services Committee having reviewed Miscellaneous Resolution #08253 on December 2, 2008 reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Public Services Committee, I move the acceptance of the foregoing report. PUBLIC SERVICES COMMITTEE 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 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, DAVID POTTS, BILL BULLARD, EILEEN KOWALL, GLENN CLARK, DAVID COULTER, DAVE WOODWARD, KAREN SPECTOR, ERIC COLEMAN, TIM GREIMEL, JIM NASH, TIM BURNS (The vote for this motion appears on page 1029.) Commissioners Minutes Continued. December 11, 2008 1013 *MISCELLANEOUS RESOLUTION #08271 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS - ACCEPTANCE FOR 2007 PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS GRANT PROGRAM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS funding was released under the US Department of Commerce, National Telecommunications and Information Administration, and the US Department of Homeland Security to provide federal pass through funds to enhance interoperable communications; and WHEREAS the State of Michigan has awarded Oakland County a grant of $320,420 for a MA-COM portable radio cache and for an enhancement to existing JPS interoperable multi tasking radio system which requires a twenty-five percent (25%) match of $106,807 for a total program cost of $427,227 during the period of October 1, 2007 through June 30, 2010; and WHEREAS the grant agreement has been reviewed and approved through the County Contract Review Process. 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 $320,420 and a 25% match of $106,807 for a total of $427,227. 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 – Emergency Response and Preparedness and State of Michigan 2007 Michigan Citizen Corps Program Grant Agreement on file in County Clerk’s office. FISCAL NOTE (MISC. #08271) BY: Finance Committee, Mike Rogers, Chairperson IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS – ACCEPTANCE FOR 2007 PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS GRANT PROGRAM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee, has reviewed the above referenced resolution and finds: 1. The U.S. Department of Commerce, National Telecommunications and Information Administration and the U.S. Department of Homeland Security released funding to enhance interoperable communications. 2. The State of Michigan has awarded Oakland County $320,420 for a MA-COM portable radio cache and for the enhancement of an existing JPS interoperable multi tasking radio system. 3. Acceptance of this grant requires a twenty-five percent (25%) County match of $106,807, for a total program cost of $427,227. 4. The grant match of twenty-five percent (25%) will be funded by the Radio Communications Fund. 5. The grant period is October 1, 2007 through June 30, 2010. 6. A budget amendment is recommended to the Fiscal Year 2009 Budget to recognize the grant award as follows: FY 2009 Grant Total FUND 29325 PSIC GRANT FUND - GR0000000415 Revenue 1010115-115080-610313 Federal Grant Rev. $320,420 1010115-115080-695500-53600 Transfer In from Radio 106,807 $427,227 Commissioners Minutes Continued. December 11, 2008 1014 Expenditures 1010115-115080-750154 Expendable Equip. $320,420 1010115-115080-750170 Other Expend. Equip. 106,807 $427,227 FUND 53600 RADIO COMMUNICATIONS FUND Revenue 1080310-115150-665882 Planned Use of Fund Balance $106,807 $106,807 Expenditures 1080310-115150-788001-29325 Transfer Out to Grant $106,807 $106,807 $ -0- FINANCE COMMITTEE (The vote for this motion appears on page 1029.) *MISCELLANEOUS RESOLUTION #08272 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: COUNTY EXECUTIVE – EMERGENCY RESPONSE AND PREPAREDNESS – ACCEPTANCE FOR 2007 MICHIGAN CITIZEN CORPS PROGRAM GRANT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS funding was released under the U.S. Department of Homeland Security for the 2007 State of Michigan Citizen Corps Grant Program for funding for programs to increase domestic preparedness among members of the community; and WHEREAS the State of Michigan has awarded Oakland County reimbursement for qualified expenses up to, but not exceeding $30,785.14 for the period of October 1, 2008 to December 1, 2009; and WHEREAS the funds are to be used for training, planning, educational outreach, exercise and equipment for the Citizen Corps Program Partners of Community Emergency Response Teams, Medical Reserve Corps, Neighborhood Watch, Volunteer in Police Service, and Fire Corps; and WHEREAS the Michigan Department of State Police Emergency Management Division will serve as the administrating agency for this grant; and WHEREAS the grant agreement has been reviewed and approved through the County Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accept the grant funding from the State of Michigan in an amount up to $30,785.14. 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 – Emergency Response and Preparedness and State of Michigan 2007 Michigan Citizen Corps Program Grant Agreement on file in County Clerk’s office. FISCAL NOTE (MISC. #08272) BY: Finance Committee, Mike Rogers, Chairperson IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS – ACCEPTANCE FOR 2007 MICHIGAN CITIZEN CORPS PROGRAM GRANT 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: Commissioners Minutes Continued. December 11, 2008 1015 1. The State of Michigan has awarded Oakland County reimbursement for qualified expenses up to, but not exceeding, $30,785.14 to increase domestic preparedness among members of the community. 2. The funding period is from October 1, 2008 through December 1, 2009. 3. The funds will be used to establish Citizen Corps Councils to support the oversight and outreach functions of the councils and to expand CERT training essential for developing the Citizen Corps. 4. The Michigan Department of State Police Emergency Management Division will serve as the administrating agency for this grant. 5. A budget amendment is recommended to the Fiscal Year 2009 Budget for the acceptance of the Michigan Citizen Corps Program (CERT) as follows: FEMA GRANTS – FUND 29330 - GR0000000414 FY 2009 Revenue 1010115-115096-610210 Federal Grants Operating $30,785 Expense 1010115-115096-731171 Management Svs. $ 924 1010115-115096-750154 Expendable Equip. 29,861 $30,785 $ -0- FINANCE COMMITTEE (The vote for this motion appears on page 1029.) *MISCELLANEOUS RESOLUTION #08273 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: CIRCUIT COURT – FISCAL YEAR 2009 JUVENILE AND ADULT DRUG COURT COMBINED GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Circuit Court applied for two grants with the State Court Administrative Office (SCAO), Michigan Drug Court Grant Program with granting periods of October 1, 2008 through September 30, 2009; and WHEREAS Miscellaneous Resolution #08160 approved the Circuit Court’s Drug Court reorganization; and WHEREAS the court intends to continue the Adult and Juvenile Drug Courts to deal with the problems of increasing recidivism, increasing use of alcohol and illegal drugs, rising systems costs, and the increase in jail days ordered; and WHEREAS these awards provide funding for drug testing supplies and kits, contractual services for individual and family treatment, and transitional housing; and WHEREAS the acceptance of these awards will continue to fund the following positions: one (1) special revenue FTE Youth and Family Caseworker Supervisor position (3010402-09712), one (1) special revenue FTE Technical Assistant position (3010402-10677), and two (2) special revenue Youth and Family Caseworker II positions (3010402-09835 & 3010402-09711); and WHEREAS the SCAO grant awards, PA 511 Community Correction funds, Child Care Funds, DHS/BJJ funds, Oakland County Drug Forfeiture funds and General Fund in-kind support make up the total program funding for Fiscal Year 2009; and WHEREAS Miscellaneous Resolution #08044 approved a Fiscal Year 2008 one time transfer of Prosecutor Drug Forfeiture funds to partially fund the Adult Drug Court; and WHEREAS the remaining funds not used from the one time Fiscal Year 2008 transfer per Miscellaneous Resolution #08044 be appropriated from Drug Forfeiture, to be used to partially fund the Fiscal Year 2009 Adult Drug Court; and WHEREAS the Prosecutors Office recognizes that the Adult Drug Court reduces the daily Jail count per day, and recommends the Board of Commissioners considers a Fiscal Year 2009 one-time appropriation, not to exceed the Fiscal Year 2008 remaining Drug Forfeiture funds for operational expenses; and WHEREAS Miscellaneous Resolution #90004 established a fiscal policy to maintain proportionate funding for Federal, State and Private grants; and Commissioners Minutes Continued. December 11, 2008 1016 WHEREAS due to the grantor’s constrained 10 day time frame (November 4, 2008 – November 14, 2008) within which the executed grant agreements must be returned to the State Court Administrative Office; the agreement was sent to the Board of Commissioners’ Chairperson for signature prior to the completion of the Board of Commissioners' Grant Procedures; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Adult and Juvenile Drug Court SCAO grant awards totaling $130,000, PA 511 Community Corrections in- kind support totaling $100,000, General Fund in-kind support of $58,162, and a one time appropriation from the Drug Forfeiture fund of $19,212. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the contracts and that the chairperson may approve amendments and extensions up to fifteen (15%) percent variance from the awards, consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant is conditioned upon the continued interpretation of the contract consistent with the February 6, 2001, letter from the Michigan Supreme Court, State Court Administrative Office, the grant applications shall not be construed as a mandate for future funding of the program from the funding unit, said letter is attached and incorporated by reference herein. BE IT FURTHER RESOLVED that this award continues funding for one (1) special revenue FTE Youth and Family Casework Supervisor position (3010402-09712), one (1) special revenue FTE Technical Assistant position (3010402-10677), and two (2) special revenue Youth and Family Casework II positions (3010402-09835 & 3010402-09711). BE IT FURTHER RESOLVED that no expenditures are authorized until a grant agreement is fully executed with the County’s obligation limited to the grant funding period. BE IT FURTHER RESOLVED that continuation of the positions associated with this grant is contingent upon continuation of state funding, and receipt of additional funding sources. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Communication regarding Grant Review: Circuit Court Family Division – FY 2009 Family-focused Juvenile Drug Court Program and 6th Circuit Adult Treatment Court Program – Combined Acceptance, Grant Review Sign Off – Circuit Court Family Division, Michigan Supreme Court State Court Administrative Office Michigan Drug Court Grant Program 2009 Grant Contract, Miscellaneous Resolution and Fiscal Note #08160 on file in County Clerk’s office. FISCAL NOTE (MISC. #08273) BY: Finance Committee, Mike Rogers, Chairperson IN RE: CIRCUIT COURT – FISCAL YEAR 2009 JUVENILE AND ADULT DRUG COURT COMBINED GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Circuit Court has received two grants from the State Court Administrators Office (SCAO), Michigan Drug Court Program, for the period of October 1, 2008 through September 30, 2009. 2. Per Miscellaneous Resolution #08160, the Circuit Court reorganized the Juvenile and Adults Drug Court personnel to combine the responsibilities and operations into one Drug Court. 3. Total funding of $736,971 is derived from the following sources: - Juvenile SCAO award (fund 27140) of $45,000. - Adult SCAO award (fund 27130) of $85,000. - General Fund (in-kind) support of $58,162. - Child Care Fund (20293) support of $379,597 for position costs, and controllable operating costs. - PA 511 Community Corrections funds of $100,000 for contractual services. - Drug Forfeiture Funds of $19,212. Commissioners Minutes Continued. December 11, 2008 1017 - Department of Human Services/Bureau of Juvenile Justice grant (DHS/BJJ) fund (27170) (in- kind) grant funding support of $50,000 for contractual services for drug testing and therapy. 4. There are four (4) special revenue full time eligible positions established to support both the Adult and Juvenile Drug Courts. These positions are proportionately funded as follows: - One (1) full-time eligible special revenue Youth and Family Casework Supervisor position (3010402-09712) with the total personnel cost of $107,160. This position is funded as follows: 30% Adult Drug Court SCAO funds totaling $32,148, 12% Juvenile Drug Court SCAO funds totaling $13,363, and 58% Child Care Funds totaling $61,649. - One (1) full-time eligible Youth and Family Caseworker II position (3010402-09711) with the total personnel cost of $97,536. This position is funded as follows: 12% Juvenile Drug Court SCAO funds totaling $11,704, and 88% Child Care Funds totaling $85,832. - One (1) full-time eligible Youth and Family Caseworker II position (3010402-09835) with the total personnel cost of $97,536. This position is funded as follows: 12% Juvenile Drug Court SCAO funds totaling $11,704, and 88% Child Care Funds totaling $85,832. - One (1) full-time eligible Technical Assistant position (3010402-10677) with the total personnel cost of $58,618. This position is funded as follows: 30% Adult Drug Court SCAO funds totaling $17,585, 12% Juvenile Drug Court SCAO funds totaling $7,311, and 58% Juvenile Drug Court Child Care funds totaling $33,722. 5. The Courts utilize contracted services for individual, group and family treatment. Total contractual cost for Fiscal Year 2009 is $298,000. Contracted Services will be funded as follows: $30,910 of Adult Drug Court SCAO funds, $17,090 of Adult Drug Court Forfeiture Funds, $100,000 of PA 511 funds, $100,000 of Juvenile Drug Court Child Care Funds, and $50,000 of BJJ/DHS grant funds. 6. The Courts Supplies and Operating Expenditures total $19,959. These expenditures will be funded as follows: $4,357 of Adult Drug Court SCAO funds, $2,122 of Adult Drug Court Drug Forfeiture Funds, and $13,480 of Juvenile Drug Court Child Care Funds. 7. The approval of the Child Care fund contract per Miscellaneous Resolution #08170 permitted the court to charge 20% of one (1) GF/GP Manager of Court Services position (3010402-06843) to the Child Care fund totaling $26,263. The Child Care fund is 50% reimbursable from the State of Michigan, therefore $13,132 of GF/GP savings was recognized to offset the Drug Court reorganization costs. 8. During Fiscal Year 2008 the Adult Drug Court received $45,000 in funding from Drug Forfeiture funds per Miscellaneous Resolution #08044. During Fiscal Year 2008 $25,788 was expensed, leaving a remaining balance of $19,212 which was transferred back to Prosecutor’s Drug Forfeiture funds in Fiscal Year 2008. The Circuit Court and Prosecuting Attorney have agreed to use the remaining balance as a one time appropriation to assist in funding the Adult Drug Court for Fiscal Year 2009. 9. Oakland County’s in-kind contribution is estimated to be $58,162 for Fiscal Year 2009. This amount is derived by estimating Judges, Prosecutors, and Court Referees time spent specifically on the drug courts. All in-kind general fund contributions are included in the Fiscal Year 2009 Adopted Budget. 10. In addition to the County match contribution, the County is expected to incur administrative and support costs of $15,408. This grant does not allow for recovery of these costs. 11. Acceptance of this grant will not require the County to continue the program beyond the grant- funding period. 12. A budget amendment is recommended to transfer funding from the Prosecuting Attorney’s Seized funds Deferred Revenue account (#222440) to the Fiscal Year 2009 budget, to accept SCAO grant awards, and to amend the Child Care Fund as follows: FY 2009 Amendment CHILD CARE FUND 20293 Non-Dept’l/Circuit Court/Family Division Revenues 9010101-121200-615359 Child Care Subsidy $ 23,943 Commissioners Minutes Continued. December 11, 2008 1018 9090101-121200-695500-10100 Transfer-In from GF 23,943 Total Child Care Fund Revenue Adj. $ 47,886 Expenditures 3010402-121200-702010 Salaries $ 26,973 3010402-121200-702240 Salary Adjustment ( 1,649) 3010402-121200-722740 Fringe Benefits ( 81,123) 3010402-121200-722790 Social Security 14,169 3010402-121200-722770 Retirement 56,919 3010402-121200-722810 Disability 704 3010402-121200-722820 Unemployment 370 3010402-121200-722760 Group Life 537 3010402-121200-722750 Workers Compensation 2,186 3010402-121200-722780 Hospitalization 26,672 3010402-121200-722800 Dental 2,630 3010402-121200-722850 Optical 167 3010402-121200-722900 Fringe Benefit Adj. ( 669) Total Child Care Fund Expenditures Adj. $ 47,886 GENERAL FUND - 10100 Non-Dept’l/Cir. Ct.-Family Div./Prosecutor Revenue 4010101-123030-670285 Enhanced Funds $ 19,212 Total Revenue Adj. $ 19,212 Expenditures 3010402-121100-702010 Salaries $(18,093) 3010402-121100-722740 Fringes (40,852) 3010402-121100-722790 Social Security 4,438 3010402-121100-722770 Retirement 17,826 3010402-121100-722810 Disability 220 3010402-121100-722820 Unemployment 116 3010402-121100-722760 Group Life 168 3010402-121100-722750 Workers Compensation 685 3010402-121100-722780 Hospitalization 8,353 3010402-121100-722800 Dental 824 3010402-121100-722850 Optical 52 9010101-196030-730259 Contingency 2,320 3010301-121100-788001-20293 Transfer Out 23,943 3010301-121100-788001-27130 Transfer Out 19,212 Total Expenditure Adj. $ 19,212 JUVENILE DRUG COURT (SCAO) GRANT FUND #27140 Circuit Court Family Division Revenue 3010402-121200-615571 Grants – State $(15,000) Total Revenue Adj. $(15,000) Expenditures 3010402-121200-702010 Salaries $(11,265) 3010402-121200-722740 Fringe Benefits (20,000) 3010402-121200-722790 Social Security 2,209 3010402-121200-722770 Retirement 8,872 3010402-121200-722810 Disability 110 3010402-121200-722820 Unemployment 58 3010402-121200-722760 Group Life 84 3010402-121200-722750 Workers Compensation 341 3010402-121200-722780 Hospitalization 4,157 3010402-121200-722800 Dental 410 Commissioners Minutes Continued. December 11, 2008 1019 3010402-121200-722850 Optical 24 Total Expenditure Adj. $(15,000) ADULT DRUG COURT (SCAO) GRANT FUND #27130 Circuit Court Civil Criminal Division Revenue 3010301-121200-615571 Grants State $(35,318) 3010301-121200-695500-10100 Transfer In 19,212 Total Revenue Adj. $(16,106) Expenditure 3010301-121200-702010 Salaries $(28,712) 3010301-121200-722740 Fringe Benefits (34,418) 3010301-121200-722790 Social Security 2,441 3010301-121200-722770 Retirement 9,804 3010301-121200-722810 Disability 121 3010301-121200-722820 Unemployment 64 3010301-121200-722760 Group Life 93 3010301-121200-722750 Workers Compensation 376 3010301-121200-722780 Hospitalization 4,594 3010301-121200-722800 Dental 453 3010301-121200-722850 Optical 29 3010301-121200-731458 Professional Services 24,000 3010301-121200-750280 Lab Supplies 5,049 Total Expenditure Adj. $(16,106) FINANCE COMMITTEE (The vote for this motion appears on page 1029.) *REPORT (MISC. #08274) BY: Personnel Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF PUBLIC SERVICES/COMMUNITY CORRECTIONS DIVISION – FISCAL YEAR 2009 COMMUNITY CORRECTIONS COMPREHENSIVE PLAN GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee having reviewed the above referenced resolution on December 3, 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 #08274 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: DEPARTMENT OF PUBLIC SERVICES/COMMUNITY CORRECTIONS DIVISION – Fiscal Year 2009 COMMUNITY CORRECTIONS COMPREHENSIVE PLAN GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Department of Public Services Community Corrections Division applied to the Michigan Department of Corrections (MDOC) for $4,198,092 in grant funds for the period of October 1, 2008, through September 30, 2009; and WHEREAS the MDOC has awarded Oakland County a 2008/2009 Community Corrections grant in the amount of $3,706,849 which is a 13% variance or $491,243 less than requested in the application; and WHEREAS the MDOC now holds the contracts for all residential services meaning that $1,681,738 of the $3,706,849 award has been allocated for Oakland County Residential Services but will not be recorded as income; and WHEREAS the remaining amount of $2,025,111 is the County’s responsibility as shown on Schedule A; and Commissioners Minutes Continued. December 11, 2008 1020 WHEREAS the grant funds the following Community Corrections Division positions of thirteen (13) Community Corrections Specialist II positions (# 1070402-07425, #07426, #07427, #07429, #07430, #07432, #07433, #07434, #09247, #1070410-09243, #09291, #09648, and #09649); one (1) PTNE Community Corrections Specialist II position (#1070410-09292), one (1) Office Assistant II position (#1070410-09295), one half (.5) Community Corrections User Support Specialist position (#1070403- 07834), one (1) Community Corrections Specialist III position (#1070401-07428), and one half (.5) Supervisor-Community Corrections position (#1070410-09396); and WHEREAS the grant funds the following Sheriff’s Department positions; three (3) Inmate Caseworker positions (#4030320-07418, #07419, and #07420), one (1) FTE Office Assistant I position (#4030320- 07417) under-filled with a PTNE, one (1) Inmate Substance Abuse Tech position (#4030320-7421), one (1) PTE Inmate Substance Abuse Tech position (#4030320-09397); and WHEREAS the grant funds will not cover all of the salaries previously covered by the grant, therefore, it is requested to delete three (3) Community Corrections Specialist II positions (# 07431, #09003, #07424), and one (1) Inmate Substance Abuse Tech position (#4030320-10393); and WHEREAS the deleted positions are all vacant and there is no impact on personnel; and WHEREAS the grant acceptance requires no additional personnel to fulfill the grant agreement; and WHEREAS there is no County match required with this grant; however it should be noted that there are General Fund/General Purpose funded Community Corrections positions included in the Fiscal Year 2009 Budget, which are not part of this grant; and WHEREAS the grant agreement has been approved by the County Executive's Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Fiscal Year 2009 Community Corrections grant from the Michigan Department of Corrections in the amount of $3,706,849. BE IT FURTHER RESOLVED that the County is financially responsible for $2,025,111 and that the State contracts directly for residential services of $1,681,738. The future level of service, including personnel (except the portion of Pretrial Services currently funded by the General Fund/General Purpose Fund) will be contingent upon the level of funding available from the State. BE IT FURTHER RESOLVED that the following positions be deleted: Job Title Position # Community Corrections Specialist II #1070402-07431 & #07424 Community Corrections Specialist II #1070410-09003 Inmate Substance Abuse Tech #4030320-10393 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 - Community Corrections, Agreement Between the State of Michigan Department of Corrections and Oakland County Comprehensive Corrections Plans, Fiscal Year 2009 Proposed Community Corrections Programs, Michigan Department of Corrections Office of Community Corrections Fiscal Year 2009 Funding Proposal for Oakland County, Residential Services Funding Allocation, Community Corrections/Sheriff’s Office Fiscal Year 2009 Community Corrections Comprehensive Plan Grant Award Fiscal Year 2008 Grant Award Versus Fiscal Year 2009 Award on file in County Clerk’s office. FISCAL NOTE (MISC. #08274) BY: Finance Committee, Mike Rogers, Chairperson IN RE: DEPARTMENT OF PUBLIC SERVICES/COMMUNITY CORRECTIONS DIVISION – Fiscal Year 2009 COMMUNITY CORRECTIONS COMPREHENSIVE PLAN 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 Michigan Department of Corrections (MDOC) has awarded the Oakland County Community Corrections Division a Community Corrections Comprehensive Plan Grant in the amount of $3,706,849, which is a 13% variance or $491,243 less than requested in the application. 2. The grant award is $98,143 less than the previous award of $3,804,992. Commissioners Minutes Continued. December 11, 2008 1021 3. The MDOC now holds the contracts for all residential services, meaning that $1,681,738 of the $3,706,849 award has been allocated to Oakland County residential services but will not be recorded as income. The $1,681,738 will be paid by the State directly to residential centers. 4. The remaining amount of $2,025,111 is the County’s responsibility as detailed on Schedule A. 5. This is the fifteenth (15th) year of the grant application with the Michigan Department of Corrections, Office of Community Corrections. 6. The grant period is October 1, 2008 through September 30, 2009. 7. The grant provides funding for positions in the Community Corrections Division and the Sheriff’s Office. 8. The grant funds will not cover all of the salaries previously covered by the grant therefore; four positions are being deleted in the Community Corrections Division and one within the Sheriff’s Office. 9. No County match is required however, it should be noted that there are General Fund/General Purpose funded Community Corrections positions included in the Fiscal Year 2009 budget, which are not part of this grant. 10. In addition to the grant and independent of the grant award, the Fiscal Year 2009 Adopted Budget includes a General Fund/General Purpose appropriation of $4,822,309 for Community Corrections. 11. An amendment to the Fiscal Year 2009 Adopted Special Revenue Budget of ($1,779,881), as detailed in the attached schedule is requested to reflect the new grant award of $2,025,111 for Fiscal Year 2009. FINANCE COMMITTEE (The vote for this motion appears on page 1029.) *REPORT (MISC. #08275) BY: Personnel Committee, Tom Middleton, Chairperson IN RE: SHERIFF, PROSECUTING ATTORNEY – FISCAL YEAR 2009 OAKLAND COUNTY NARCOTICS ENFORCEMENT TEAM (NET) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee having reviewed the above referenced resolution on December 3, 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 #08275 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF, PROSECUTING ATTORNEY – FISCAL YEAR 2009 OAKLAND COUNTY NARCOTICS ENFORCEMENT TEAM (NET) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Department of Community Health awarded the Sheriff and Prosecuting Attorney funding for the Narcotics Enforcement Team (NET); and WHEREAS the grant application requested $360,418 in funding, and the grant award is $307,366; and WHEREAS the State share of funding is $153,683, the County grant match is $153,683, and the balance of program funding of $327,688 will be derived from Sheriff and Prosecutor Drug Forfeiture Funds; and WHEREAS grant funding is for the period of October 1, 2008 through September 30, 2009; and WHEREAS the grant award will partially fund one (1) SR Assistant Prosecutor IV position (#4010201- 7207) in the Prosecuting Attorney’s Office; and in the Sheriff’s Office partially fund two (2) SR Sergeant positions (#4030920-9829 and #4030920-9830); and Commissioners Minutes Continued. December 11, 2008 1022 WHEREAS the Fiscal Year 2008 grant funded four (4) positions in the Sheriff’s Office (#4030920-7960, #4030920-9829, #4030920-9830 and #4030920-9831), and a reduction in the Fiscal Year 2009 grant award agrees to fund two (2) positions one (1) Sergeant, and one (1) Deputy II). Subsequent to the application and resulting award the Sheriff has reassessed the program and determined a need to retain two (2) Sergeants and eliminate one (1) Deputy II and one (1) Office Assistant II positions. The cost difference between the Deputy II and the Sergeant will be funded by the Drug Forfeiture Fund. The Sheriff plans to submit a grant contract amendment to the State to reflect the changes. WHEREAS with this award two (2) SR Assistant Prosecutor III positions (#4010201-6386, and #4010201- 7959) will be reimbursed by Prosecutor Drug Forfeiture Funds; and WHEREAS with this award one (1) SR Deputy II (position #4030920-9831), and one (1) SR Office Assistant II (position #4030920-7960) in the Sheriff's Office will be deleted; and WHEREAS this grant award has been processed through the County Executive’s Contract Review Process and the Board of Commissioners’ Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Oakland County NET Grant award, for the period October 1, 2008 through September 30, 2009, in the amount of $307,366, which includes $153,683 of State allocation and $153,683 of GFGP County grant match. BE IT FURTHER RESOLVED that the grant award will partially fund one (1) SR Assistant Prosecutor IV position (#4010201-7207) in the Prosecuting Attorney’s Office; and in the Sheriff’s Office partially fund two (2) SR Sergeant positions (#4030920-9829 and #4030920-9830). BE IT FURTHER RESOLVED that Drug Forfeiture Funds of $70,160 be transferred from the Sheriff’s Drug Forfeiture account to partially fund SR positions (4030920-9829 and 4030920-9830). BE IT FURTHER RESOLVED that one (1) SR Deputy II (position #4030920-9831); and that one (1) SR Office Assistant II (position #4030920-7960) in the Sheriff's Office be deleted. BE IT FURTHER RESOLVED that Drug Forfeiture Funds of $257,528 be transferred from the Prosecutor’s Drug Forfeiture account to partially fund SR position #4010201-7207 and fully reimburse SR positions 4010201-6386, and 4010201-7959. BE IT FURTHER RESOLVED that total NET Program cost of $635,054 consists of $153,683 in State grant award funding; and $153,683 in GF/GP grant matching funds; and $327,688 in Drug Forfeiture Account funds. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant award and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original application as approved. BE IT FURTHER RESOLVED that continuation of this program, including positions, is contingent upon continued grant and Drug Forfeiture Account funding. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Grant Review Sign Off – Sheriff, Prosecuting Attorney and Communication regarding Oakland County Narcotic Enforcement Team ODCP # 72181-5-09-B, Grant Agreement between Michigan Department of Community Health and County on file in County Clerk’s office. FISCAL NOTE (MISC. #08275) BY: Finance Committee, Mike Rogers, Chairperson IN RE: SHERIFF, PROSECUTING ATTORNEY – FISCAL YEAR 2009 OAKLAND COUNTY NARCOTICS ENFORCEMENT TEAM (NET) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Prosecuting Attorney and Sheriff are requesting the acceptance of the Fiscal Year 2009 Byrne Memorial Grant for the Oakland County Narcotics Enforcement Team (NET). 2. The grant award of $307,366 represents a reduction from the grant application amount requested of $360,418. Commissioners Minutes Continued. December 11, 2008 1023 3. The State contribution is $153,683 and County grant match is $153,683. The County match is included in the Fiscal Year 2009 Non-departmental grant match line item. 4. The total program funding is $635,054 which includes the grant award of $153,683 and County grant match of $153,683; the funding shortfall of $327,688 will be covered by $70,160 from the Sheriff Department NET Forfeitures account, and $257,528 from the Prosecutor Department Forfeiture account (4030901-110040-222430; 4010101-123030-222440). 5. The grant period is October 1, 2008 through September 30, 2009. 6. Acceptance of this grant does not obligate the County to future commitments and continuation as stated is contingent upon future grant and available forfeiture account funding. 7. A budget amendment to the Fiscal Year 2009 adopted budget is recommended as follows: Adopted Amend- Amended GENERAL FUND #10100 FY 2009 ment FY 2009 Revenue 4030901-123030-670285 Enhancement Fds $ 21,326 70,160 $ 91,486 4010101-122080-670285 Enhancement Fds 142,600 257,528 400,128 Total General Fund Revenue $ 163,926 $ 327,688 $ 491,614 Expenditures 9090101-196030-730800 Grant Match $ 179,616 ($ 153,683) $ 25,933 4010201-122080-788001-27320 Transfers Out -0- 47,001 147,001 4030901-110090-788001-27320 Transfers Out -0- 334,370 334,370 Total General Fund Expenses $ 179,616 $ 327,688 $ 507,304 GRANT FUND #27320 Project GR #0000000146, Activity A, Analysis Type GLB Budget Ref 2009 Revenue 4010201-122080-610313 Grants Federal $ 176,704 ($ 99,863) $ 76,841 4030901-110090-610313 Grants Federal $ 175,296 ($ 98,454) $ 76,842 4030901-110090-695500-10100 Trfrs In Sherf $ 213,422 ($ 66,421) $ 147,001 4010201-122080-695500-10100 Trfrs In Pros $ 217,378 $ 116,992 $ 334,370 Total Grant Fund Revenue $ 782,800 ($ 147,746) $ 635,054 Expenditures 4010201-122080-702010 Salaries $ 256,897 ($ 113,683) $ 143,214 4010201-122080-722740 Fringe Benefit $ 137,185 ($ 56,556) $ 80,629 4030901-110090-702010 Salaries $ 247,699 $ 15,392 $ 263,091 4030901-110090-722740 Fringe Benefit $ 141,019 $ 7,101 $ 148,120 Total Grant Fund Expenditures $ 782,800 ($ 147,746) $ 635,054 FINANCE COMMITTEE (The vote for this motion appears on page 1029.) *MISCELLANEOUS RESOLUTION #08276 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF’S OFFICE – 2008 BULLETPROOF VEST PARTNERSHIP PROGRAM GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the U.S. Department of Justice, Bureau of Justice Assistance Programs, has awarded the Sheriff’s Office grant funding in the amount of $4,133, with a required 50 % grant match of $4,133 for the grant year period of April 1, 2008 through September 30, 2010; and WHEREAS the grant allows reimbursement of costs incurred by the Sheriff’s Office for the purchase of approved bulletproof vests for deputies; 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. Commissioners Minutes Continued. December 11, 2008 1024 NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the 2008 U.S. Department of Justice Bulletproof Vest Partnership Program Grant in the amount of $8,256, including $4,133 of grant funding and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached. BE IT FURTHER RESOLVED that the grant provides for a reimbursement of costs, and a 50% grant match of $4,133 is required. 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 – Sheriff’s Office and Fiscal Year 2008 BVP Awards on file in County Clerk’s office. FISCAL NOTE (MISC. #08276) BY: Finance Committee, Mike Rogers, Chairperson IN RE: SHERIFF’S OFFICE – 2008 BULLETPROOF VEST PARTNERSHIP PROGRAM 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 U.S. Department of Justice, Bureau of Justice Assistance Programs, awarded the Sheriff’s Office grant program funding in the amount of $8,256 including the grant award of $4,133. 2. The grant provides 50 percent (50%) reimbursement of costs incurred by the Sheriff’s Office for the purchase of approved bulletproof vests for deputies, and represents reimbursement of prior years cost of bulletproof vests purchased through the Sheriff’s GFGP budget. 3. The grant period is April 1, 2008 through September 30, 2010. 4. County matching funds of $4,133 is required; no positions are required. 5. The Fiscal Year 2009 adopted budget includes a budget for the Bulletproof Vest Program and no budget amendment is recommended. FINANCE COMMITTEE (The vote for this motion appears on page 1029.) *MISCELLANEOUS RESOLUTION #08277 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: 52-1 DISTRICT COURT – FISCAL YEAR 2009 MICHIGAN DRUG COURT PROGRAM - MICHIGAN STATE COURT ADMINISTRATIVE OFFICE (SCAO) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the 52nd District Court, Division I (Novi) applied for a grant with the State Court Administrative Office (SCAO), Michigan Drug Court Grant Program effective October 1, 2008 through September 30, 2009; and WHEREAS the application requested total program funding in the amount of $77,575 of which $77,100 was awarded, consisting of $5,000 in grant funding from SCAO, plus $72,100 in-kind support from the general fund, with no required cash match; and WHEREAS the court intends to continue the Drug Court to deal with the problems of increasing recidivism, increasing use of alcohol and illegal drugs, rising systems costs, and an increase in jail days ordered; and WHEREAS this grant no longer funds any positions, the in-kind support is currently budgeted in the general fund; and WHEREAS this grant award of $5,000 funds Ignition Interlock installation and travel expenses; and WHEREAS Miscellaneous Resolution #90004 established a fiscal policy to maintain proportionate funding for Federal, State and Private grants; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process; and Commissioners Minutes Continued. December 11, 2008 1025 WHEREAS due to the grantor’s constrained 10 day time frame (November 4, 2008 – November 14, 2008) within which the executed grant agreements must be returned to the State Court Administrative Office; the agreement has been sent to the Board of Commissioners’ Chairperson for signature prior to the completion of the Board of Commissioners’ grant procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Michigan Drug Court Grant Program (MDCGP)/State Court Administrative Office (SCAO, in the amount of $5,000 and $72,100 of County general fund in-kind support, for total program funding of $77,100. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the contract agreement and that the chairperson may approve amendments and extensions up to fifteen (15%) percent variance from the award, consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant is conditioned upon continued interpretation of the contract consistent with the February 6, 2001, letter from the Michigan Supreme Court, State Court Administrative Office, providing that assurance #4 of that year’s grant application shall not be construed as a mandate for future funding of the program from the funding unit, said letter attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that no expenditures are authorized until a grant agreement is fully executed with the County’s obligation limited to the grant funding period. BE IT FURTHER RESOLVED that continuation of this grant program is contingent upon continuation of State 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 – 52/1 District Court, Michigan Supreme Court State Court Administrative Office Michigan Drug Court Grant Program 2009 Grant Contract and Correspondence from Dawn A. Monk, Deputy State Court Administrator on file in County Clerk’s office. FISCAL NOTE (MISC. #08277) BY: Finance Committee, Mike Rogers, Chairperson IN RE: 52-1 DISTRICT COURT – FISCAL YEAR 2009 MICHIGAN DRUG COURT PROGRAM – MICHIGAN STATE COURT ADMINISTRATIVE OFFICE (SCAO) 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 52nd District Court, Division I (Novi) has received a grant from the State Court Administrative Office (SCAO), Michigan Drug Court Program in the amount of $5,000; for the period of October 1, 2008, through September 30, 2009. 2. The total program budget is for $77,100 which includes an award from SCAO of $5,000 with $72,100 in General Fund in-kind support and no required County cash match. 3. This is the seventh year that the 52-1 Novi Drug Court has been awarded grant funding from SCAO. 4. The in-kind support has replaced the previous years’ cash match and matching grant funds from Byrne, enabling the drug court program to continue. 5. The required in-kind General Fund support of $72,100 is currently budgeted in the 52-1 District Court budget. 6. The grant continues funding for testing supplies of $4,400 for Reward Ignition Interlock program incentives, and travel of $600 for a total grant award of $5,000. 7. The County cash match requirement was discontinued, and the County is contributing in-kind drug court program support of $72,100. 8. The County is not expected to incur administrative and support costs for Fiscal Year 2009, as no positions are funded by this grant. 9. A budget amendment is recommended to the Fiscal Year 2009 Special Revenue Fund to accept continued funding from the SCAO, 52-1 District Court Drug Court grant: SPECIAL REVENUE FUND 27150 FY 2009 Project #GR0000000239 Activity A, Analysis Type GLB Commissioners Minutes Continued. December 11, 2008 1026 Expenditures 3020201-121050-732018 Travel and Conference 75 3020201-121050-750280 Lab. Supplies ( 4,475) 3020201-121050-731458 Professional Services 4,400 $ 0 FINANCE COMMITTEE (The vote for this motion appears on page 1029.) *MISCELLANEOUS RESOLUTION #08278 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: 52-2 DISTRICT COURT – FISCAL YEAR 2009 MICHIGAN DRUG COURT PROGRAM – MICHIGAN STATE COURT ADMINISTRATIVE OFFICE (SCAO) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the 52nd District Court, Division II (Clarkston) applied for a grant with the State Court Administrative Office (SCAO), Michigan Drug Court Grant Program effective October 1, 2008 through September 30, 2009; and WHEREAS the application requested total funding in the amount of $98,839 of which $97,811 was awarded, consisting of $25,000 in grant funding from SCAO, and $72,811 of required general fund matching dollars; and WHEREAS this is the fifth year of grant funding, for the 52-2 Clarkston Drug Court program; and WHEREAS this drug court was instituted to deal with the problems of increasing recidivism, increasing use of alcohol and illegal drugs, rising systems costs, and an increase in jail days ordered; and WHEREAS this award will provide continued funding for one (1) special revenue full-time eligible Probation Officer II position (3020305-10317) in the Probation Unit to provide intensive probation supervision and frequent alcohol testing of defendants; and WHEREAS other program costs include laboratory testing supplies, and travel and conference; and WHEREAS the cash match of $72,811 is identified and budgeted in the general fund; and WHEREAS Miscellaneous Resolution #90004 established a fiscal policy to maintain proportionate funding for Federal, State and Private grants; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process. WHEREAS due to the grantor’s constrained 10 day time frame (November 4, 2008 – November 14, 2008) within which the executed grant agreements must be returned to the State Court Administrative Office; the agreement was sent to the Board of Commissioners Chairperson for Signature prior to the Completion of the Board of Commissioners’ Grant Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the State Court Administrative Office (SCAO), Michigan Drug Court Program Grant in the amount of $25,000, with a cash match of $72,811 for total funding of $97,811. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the contract agreement and that the chairperson may approve amendments and extensions up to fifteen (15%) percent variance from the award, consistent with the original agreement as approved. BE IT FURTHER RESOLVED that one (1) special revenue full-time eligible Probation Officer II position (3020305-10317) be continued in the 52-2 District Court Probation Unit, and other related program costs including travel and conference and testing supplies. BE IT FURTHER RESOLVED that acceptance of this grant is conditioned upon continued interpretation of the contract consistent with the February 6, 2001, letter from the Michigan Supreme Court, State Court Administrative Office, providing that assurance #4 of that grant application shall not be construed as a mandate for future funding of the program from the funding unit, said letter attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that no expenditures are authorized until a grant agreement is fully executed with the County’s obligation limited to the grant funding period. BE IT FURTHER RESOLVED that continuation of the position associated with this grant is contingent upon continuation of State funding. Commissioners Minutes Continued. December 11, 2008 1027 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 – 52/2 District Court, Michigan Supreme Court State Court Administrative Office Michigan Drug Court Grant Program 2009 Grant Contract and Correspondence from Dawn A. Monk, Deputy State Court Administrator on file in County Clerk’s office. FISCAL NOTE (MISC. #08278) BY: Finance Committee, Mike Rogers, Chairperson IN RE: 52-2 DISTRICT COURT – 2009 MICHIGAN DRUG COURT PROGRAM – MICHIGAN STATE COURT ADMINISTRATIVE OFFICE (SCAO) 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 52nd District Court, Division II (Clarkston) has received a grant from the State Court Administrative Office (SCAO), Michigan Drug Court Program, for the period of October 1, 2008 through September 30, 2009. 2. The award from SCAO is for $25,000 this along with the contributed General Fund match of $72,811 for total program funding of $97,811. 3. The cash matching funds are no longer required, but are now designated as contributed cash match, and is currently budgeted in the General Fund departmental budget. 4. The grant contract includes the continuation funding for one (1) special revenue full-time eligible Probation Officer II position (3020305-10317) for $86,834 within the Probation unit. 5. The grant also funds $7,627 in travel and conference and $3,350 of operating supplies, equipment and incentives, for a total SCAO program budget of $97,811. 6. In addition to the County match contribution, the County is expected to incur administrative and support costs of $2,846. This grant does not allow for recovery of these costs. 7. The Fiscal Year 2009 budget should be amended as follows to accept continuation funding from SCAO, for the 52-2 District Court Drug Court grant: GENERAL FUND 10100 FY 2009 Revenue 3020301-121050-630105 Assessment Fees $ 15,254 3020301-121050-630565 Drug Treatment Court Fee 2,000 Total General Fund Revenue Adj $ 17,254 Expenditures 3020301-121050-788001-27160 Transfer Out $ 17,254 Total General Fund Expenditure Adj. $ 17,254 SPECIAL REVENUE FUND 27160 Project #GR0000000243 Activity A, Analysis Type GLB Revenue 3020301-121050-615571 Grants State $(15,000) 3020301-121050-695500-10100 Transfer In 17,254 Total 27160 Revenue Adj. $ 2,254 Expenditures 3020301-121050-615571 Salaries $ 6 3020301-121050-722740 Fringes (31,432) 3020301-121050-722750 Workers Compensation 655 3020301-121050-722760 Group Life 161 3020301-121050-722770 Retirement 17,060 3020301-121050-722780 Hospitalization 7,994 3020301-121050-722790 Social Security 4,247 3020301-121050-722800 Dental 788 3020301-121050-722810 Disability 211 3020301-121050-722820 Unemployment 111 Commissioners Minutes Continued. December 11, 2008 1028 3020301-121050-722850 Optical 51 3020301-121050-732018 Travel and Conference 2,402 Total 27160 Expenditure Adj. $ 2,254 FINANCE COMMITTEE (The vote for this motion appears on page 1029.) *MISCELLANEOUS RESOLUTION #08279 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: PROSECUTING ATTORNEY TRANSITION EXPENSE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS as a result of the November 4, 2008 election, Oakland County will be served by a new Prosecuting Attorney; and WHEREAS it is advisable for the Prosecuting Attorney-Elect begin assembling the personnel and materials necessary to fully assume the responsibilities of office on January 1, 2009; and WHEREAS it is in the best interest of Oakland County government and its citizens that the transition of leadership from the current Prosecuting Attorney to next occur as efficiently as possible; and WHEREAS the transition can best be accomplished through the establishment of a transition account through which appropriate contractual services can be accessed; and WHEREAS the estimated cost of said contractual services is $15,000. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports an appropriation of $15,000 for the period through December 31, 2008, to cover the transition expenses of the Oakland County Prosecuting Attorney-Elect. BE IT FURTHER RESOLVED that the approval of this request be consistent with Management and Budget and Human Resources departments’ procedures of Miscellaneous Resolutions #92242, #96267, #00304 and #04337, establishing previous transition expenses. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE FISCAL NOTE (MISC. #08279) BY: Finance Committee, Mike Rogers, Chairperson IN RE: PROSECUTING ATTORNEY TRANSITION EXPENSE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The resolution authorizes an allocation of $15,000 to cover transition expenses of the Prosecuting Attorney-Elect. 2. Funds are available in the Non-Departmental Contingency account to cover this expense. 3. A budget amendment to the Fiscal Year 2009 Adopted Budget is recommended as follows: GENERAL FUND (#10100) FY 2009 Non – Departmental Expenditures 9090101-196030-730359 Contingency ($15,000) 9010101-110120-731990 Transition Expense 15,000 $ 0 FINANCE COMMITTEE (The vote for this motion appears on page 1029.) Commissioners Minutes Continued. December 11, 2008 1029 *MISCELLANEOUS RESOLUTION #08280 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE - LAW ENFORCEMENT SERVICES FOR PARKS AND RECREATION COMMISSION FOR 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 contractual agreements for the purpose of Law Enforcement Services; and WHEREAS the Sheriff's Office and Parks and Recreation Commission currently have a contract for Law Enforcement Services; and WHEREAS the current contract will expire on December 31, 2008; and WHEREAS the Parks and Recreation Commission has requested that the contract be continued for the next year; and WHEREAS these rates are consistent with the rates as established by this board for the local units of government; and WHEREAS Corporation Counsel and Management and Budget have reviewed the attached contract and rates. NOW THEREFORE BE IT RESOLVED that the Oakland County Sheriff's Office is hereby authorized to enter into a contract for Law Enforcement Services with the Parks and Recreation Commission for 2009 at the rates provided in the attached contract. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Law Enforcement Patrol Services Parks and Recreation 2009 Rates and Oakland County Parks and Recreation Commission Contract for Sheriff Law Enforcement Services 2009 on file in County Clerk’s office. FISCAL NOTE (MISC. #08280) BY: Finance Committee, Mike Rogers, Chairperson IN RE: SHERIFF'S OFFICE – LAW ENFORCEMENT SERVICES FOR PARKS AND RECREATION COMMISSION FOR 2009 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Resolution authorizes the extension of contractual agreement between the Sheriff’s Office and Parks and Recreation Commission for the period January 1, 2009 through December 31, 2009. 2. This resolution establishes Law Enforcement Services contract rates consistent with the rates as established by this board for the local units of government for calendar year 2009. 3. The Oakland County Sheriff’s Office is hereby authorized to enter into a contract for Law Enforcement Services with the Parks and Recreation Commission for 2009 at the rates provided in the attached contract. 4. The Fiscal Year 2009/Fiscal Year 2010 Adopted Budget assumes increased costs and revenues based on these rates. Therefore, no budget amendment is recommended at this time. FINANCE COMMITTEE Vote on Consent Agenda: AYES: Burns, Clark, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potts, Rogers, Scott, Spector, Woodward, Zack, Bullard. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). Commissioners Minutes Continued. December 11, 2008 1030 Commissioner Rogers stated there were no items to report from the Finance Committee on the Regular Agenda. MISCELLANEOUS RESOLUTION #08281 BY: General Government Committee, Christine Long, Chairperson IN RE: FIFTY-SECOND DISTRICT COURT – APPROVAL OF MAGISTRATE MARK SADECKI To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners has provided for magistrates for the Fifty- Second District Court; and WHEREAS the Judges of the Fifty-Second District Court have appointed Mark Sadecki to serve as a magistrate for the Fifty-Second District Court; and WHEREAS MCL 600.8501(1) provides that magistrate appointments be approved by the County Board of Commissioners. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the appointment of Mark Sadecki to act as a magistrate for the Fifty-Second District Court. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Resume and 52nd District Court Local Administrative Order 2008 – Appointment of Attorney Magistrate on file in County Clerk’s office. Moved by Long supported by Gingell the resolution be adopted. AYES: Clark, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potts, Rogers, Scott, Spector, Woodward, Zack, Bullard, Burns. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. REPORT BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – APPOINTMENT TO THE OAKLAND COUNTY DEPARTMENT OF HUMAN SERVICES AGENCY BOARD To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the vacancy on the Oakland County Department of Human Services Agency Board, due to the resignation of Mary Eddy, General Public member, recommends the appointment of the following individual for a three-year term expiring October 31, 2011: DEPARTMENT OF HUMAN SERVICES AGENCY BOARD (3-year term ending 10/31/11) David L. Moffitt, General Public Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Copy of Application Form for Appointment to Boards, Committees and Commissions and Summary of Public Office and Private Experience on file in County Clerk’s office. Moved by Long supported by Gingell the report be postponed indefinitely. AYES: Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potts, Rogers, Scott, Spector, Woodward, Zack, Bullard, Burns, Clark. (22) NAYS: Greimel. (1) Commissioners Minutes Continued. December 11, 2008 1031 A sufficient majority having voted in favor, the report was postponed indefinitely. Commissioner Middleton stated there were no items to report from the Personnel Committee on the Regular Agenda. Commissioner Douglas stated there were no items to report from the Planning and Building Committee on the Regular Agenda. Commissioner Scott (Public Services Committee Vice Chairperson) stated there were no items to report from the Public Services Committee on the Regular Agenda. Chairman Bill Bullard declared a brief recess at 10:20 a.m. The Board of Commissioners reconvened at 10:29 a.m. The Board adjourned at 10:30 a.m. to the call of the Chair or January 8, 2009, at 5:30 p.m. RUTH JOHNSON BILL BULLARD, JR. Clerk Chairperson