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HomeMy WebLinkAboutMinutes - 2009.01.22 - 848518 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES January 22, 2009 Meeting called to order by Chairperson Bill Bullard, Jr. at 9:52 a.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Bullard, Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack. (25) EXCUSED ABSENCE WITH NOTICE: None. (0) Quorum present. Invocation given by Tim Burns. Pledge of Allegiance to the Flag. Moved by Long supported by Gershenson the minutes of the January 8, 2009 Board Meeting be approved. A sufficient majority having voted in favor, the minutes were approved as printed. Moved by Jacobsen supported by Coulter to approve the agenda with the following exception: Remove General Government item A – Board of Commissioners – Appointment to the Road Commission for Oakland County from the agenda and postpone it until February 5, 2009. Vote on Agenda: AYES: Bullard, Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack. (25) NAYS: None. (0) A sufficient majority having voted in favor, the agenda was approved as printed. Deputy Clerk/Register of Deeds Constance Spak read a communication from Jessica R. Cooper, Oakland County Prosecutor, appointing David G. Case, Chief of the Family Support Division, as her designee to Oakland County Friend of the Court Citizen Advisory Committee. The communication was received for filing. Commissioners Minutes Continued. January 22, 2009 19 Chairperson Bill Bullard, Jr. presented a Proclamation to Frank Cardimen, Jr. for his achievement of more than 15 years of success as President of Traffic Improvement Association and as a good neighbor. Bill Bullard Jr. recognized Brent Bair and Eric Wilson from the Road Commission who were in attendance. Frank Cardimen, Jr. addressed the Board and named Jerry Walker as the new leader of T.I.A. Jerry Walker addressed the Board. Kim Martin, Jean-Philippe Lebleu and Aaron Yule addressed the Board during Public Comment. MISCELLANEOUS RESOLUTION #09008 BY: Finance Committee, Tom Middleton, Chairperson IN RE: INFORMATION TECHNOLOGY – REQUEST TO EXTEND THE EMERGENCY TELEPHONE OPERATIONS SURCHARGE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Emergency 9-1-1 Service Enabling Act, MCL 484.1101 – 484.1717, permits a Board of Commissioners to authorize an operational surcharge on all communication devices capable of accessing 9-1-1; and WHEREAS Miscellaneous Resolution #99279 authorized the telephone companies throughout the County to levy up to a four (4%) percent operational surcharge for emergency telephone operations (with the actual amount being $.57 per wireline, while the statute authorized an amount up to $.80 per line) through December 31, 2006; and WHEREAS Miscellaneous Resolution #06167 extended the authorization to collect the operational surcharge at a reduced rate of $.28 per wireline through December 31, 2007; and WHEREAS Miscellaneous Resolution #07188 extended the authorization to collect the operational surcharge at a reduced rate of $.25 on all devices capable of accessing 9-1-1 through February 28, 2009; and WHEREAS the Michigan Public Services Commission, in Case Number U-15489, reduced the amount of operational surcharge to $.18 per device capable of accessing 9-1-1; and WHEREAS the State of Michigan amended the Emergency 9-1-1 Service Enabling Act, Public Act 379 of 2008, to permit the Board of Commissioners to assess an operational surcharge on all devices capable of accessing 911 through December 31, 2014; and WHEREAS Public Act 379 of 2008 also extends the state-wide surcharge on all communication devices capable of accessing 9-1-1 through December 31 of 2014; and WHEREAS Public Act 379 of 2008 permits the Board of Commissioners to review the amount of the operational surcharge it has authorized by May 15 of each year and adjust the amount effective July 1 of that year; and WHEREAS there is no conclusive data available on the number of communication devices within Oakland County that would be eligible for the operational surcharge under the provisions of the amended legislation; and WHEREAS the existing operational surcharge will cease on February 28, 2009 absent the approval and continuation of the operational surcharge by the Board of Commissioners; and WHEREAS the operational surcharge is the funding source for the operation and maintenance of the new, county-wide radio system; and WHEREAS if the operational surcharge is not continued, then the County will have to either charge a fee to the municipalities that use the new, county-wide radio system or will have to directly pay for the operation and maintenance of the new, county-wide radio system; and WHEREAS all the following documents have been provided to the Board of Commissioners and contain the known costs for the new, county-wide radio system: (1) the quarterly comprehensive financial statements, (2) the semi-annual project cash flow projections, and (3) the County Executive’s Fiscal Year 2009 and 2010 Budget Recommendation. Commissioners Minutes Continued. January 22, 2009 20 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, pursuant to the Emergency Telephone Service Enabling Act, as amended, authorizes the extension of the operational surcharge per device capable of accessing 9-1-1 for the period of February 28, 2009 through June 30, 2010 in the amount of $.18 per communication device to cover the operations and necessary provisions of the Radio Communications Fund. BE IT FURTHER RESOLVED that the Radio Communications FY 2009 and FY 2010 budget be amended as specified below: RADIO COMMUNICATIONS #53600 FY 2009 FY 2010 Revenue 1080310-115150-630581 E911 Surcharge ($1,277,641) ($1,277,641) 1080310-115150-665882 Planned Use of Fund Balance $1,277,641 $1,277,641 $ -0- $ -0- Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Moved by Middleton supported by Greimel the resolution be adopted. Discussion followed. Moved by Schwartz supported by Zack the resolution be amended as follows: The fifth WHEREAS paragraph should read: WHEREAS the Michigan Public Services Commission, in Case Number U-15489, reduced the amount of operational surcharge to $.18 per month per device capable of accessing 9-1-1; and The NOW THEREFORE BE IT RESOLVED paragraph should read: NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, pursuant to the Emergency Telephone Service Enabling Act, as amended, authorizes the extension of the operational surcharge per device capable of accessing 9-1-1 for the period of February 28, 2009 through June 30, 2010 in the amount of $.18 per month per communication device to cover the operations and necessary provisions of the Radio Communications Fund. Vote on amendment: AYES: Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard. (25) NAYS: None. (0) A sufficient majority having voted in favor, the amendment carried. Discussion followed. Moved by Middleton supported by Greimel the resolution, as amended, be adopted. Vote on resolution, as amended: AYES: Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns. (24) NAYS: Gosselin. (1) A sufficient majority having voted in favor, the resolution, as amended, was adopted. Commissioner Long stated there were no items to report from the General Government Committee on the Regular Agenda. Commissioners Minutes Continued. January 22, 2009 21 MISCELLANEOUS RESOLUTION #09009 BY: Human Resources Committee, Sue Ann Douglas, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT – FISCAL YEAR 2008 - 2010 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY THE MICHIGAN NURSES ASSOCIATION (MNA) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland and the Michigan Nurses Association, have been negotiating a contract covering approximately 111 Public Health Nurses; and WHEREAS a three year agreement has been reached for the period October 1, 2007, through September 30, 2010, and said agreement has been reduced to writing; and WHEREAS this agreement provides 1% rate increase for Fiscal Year 2008, and a 1% increase for Fiscal Year 2009, both to be effective with the pay period beginning September 27, 2008; and wage re-opener for 2010; and WHEREAS this agreement provides for the health benefit contribution increases for 2009, provided for in Miscellaneous Resolution #07216; and a benefit re-opener for 2010; and WHEREAS the agreement has been reviewed by your Human Resources Committee, which recommends approval of the agreement. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the proposed agreement between the County of Oakland and the Michigan Nurses Association covering the period of October 1, 2007, through September 30, 2010, and that the Board Chairperson on behalf of the County of Oakland, is authorized to execute said agreement as attached. Chairperson, on behalf of the Human Resources Committee, I move the adoption of the foregoing resolution. HUMAN RESOURCES COMMITTEE Copy of Summary of Agreement between Oakland County and Michigan Nurses Association (MNA) on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. REPORT BY: Planning and Building Committee, John Scott, Chairperson IN RE: BOARD OF COMMISSIONERS – 2008 ANNUAL REPORT OF THE PLANNING AND BUILDING COMMITTEE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: In accordance with Section “(D.) (5.),” Rule XI of the Board Rules, your Planning and Building Committee has completed the 2008 portion of its biennial inspection of County-owned buildings and grounds. The facilities inspected were: Children’s Village (8 buildings), Central Garage, Children’s Village School, Medical Examiner Facility, Administrative Annex I and II, Central Services Building, Child Care Facility, Courthouse Complex, “D” Building (Community Corrections), Oakland Pointe Office Buildings, South Oakland Office Building, Southfield Health Center, and 52-3 District Court. Copies of the individual building reports are on file with the Committee Coordinator and are available for review. The facilities inspected were found to be clean and well maintained. Minor deficiencies were brought to the attention of staff for immediate correction. Approved Projects Completed in 2008 Include: 1. Preliminary approval of 2009-2013 Capital Improvement Program 2. Completed twenty-one (21) FMO Division Projects 3. Approved easement for water main at Oakland County Trusty Camp 4. Approved purchase agreement for 2896 and 2930 Watkins Lake Road Expansion of Waterford Oaks County Park 5. Approved two easements to Detroit Edison Company – Oakland County International Airport at Williams Lake Road and M-59 area 6. Approved 2009 Facilities Maintenance & Operations Special Projects Budget 7. Approved lease agreement for the Downtown Design Studio 17 S Perry St. Pontiac Commissioners Minutes Continued. January 22, 2009 22 8. Award of contract for Courthouse Caulking Project 9. Completed Central Garage fuel tanks (2) project 10. Approved emergency electrical generator installation for Human Services Facility 11. Approved grant easement to Detroit Edison at Glen Oaks County Park 12. Approved grant easement to Detroit Edison at Highland Oaks County Park 13. Approved lease agreement amendment 1 with 2300 Dixie Hwy, Waterford 14. Approved purchase of two parcels totaling 22.25 acres on Alliance Dr. for expansion of Waterford Oaks County Park 15. Approved license agreement with New Par - Verizon Wireless for placement of communication equipment on the water tower at Springfield Oaks County Park 16. Approved lease for Oakland County Urban Search & Rescue Association for storage of specialized equipment 17. Completed Jail Renovation & Video Visitation Project 18. Jail North Parking Lot Paving Project transferred to and completed within Jail Renovation & Video Visitation Project. Projects approved in 2008 and expected to be completed in 2009: 1. Authorization to receive bids for 2009 Parking Lot Paving Program 2. Authorization to receive bids for 2009 Roof Replacement Program 3. Approved contract for 2008 Elevator Modernization Program 4. Authorization to sell excess property at Oakland County International Airport Chairperson, on behalf of the Planning and Building Committee, I move the acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE Moved by Scott supported by Potts the Planning and Building Committee Report be accepted. AYES: Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello. (25) NAYS: None. (0) A sufficient majority having voted in favor, the Planning and Building Committee Report was accepted. MISCELLANEOUS RESOLUTION #09010 BY: Planning and Building Committee, John Scott, Chairperson IN RE: THE PARKS AND RECREATION COMMISSION/DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST TO GRANT EASEMENT FOR UNDERGROUND ELECTRIC SERVICE TO THE DETROIT EDISON COMPANY – WATERFORD OAKS COUNTY PARK To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is the owner of Waterford Oaks County Park located in Waterford Township; and WHEREAS the Detroit Edison Company is in the process of relocating and upgrading electrical service to the maintenance building and administration building at Waterford Oaks County Park and has requested that the County of Oakland grant a 10-ft. wide easement for underground electric service; and WHEREAS the Oakland County Parks and Recreation staff and the Detroit Edison Company have agreed upon a route for the said underground electric service at Waterford Oaks County Park; and WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the granting of the easement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes and approves the granting of the attached easement for underground electric service and related appurtenances to the Detroit Edison Company for the sum of one dollar. Commissioners Minutes Continued. January 22, 2009 23 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 Request to Grant Easement to Detroit Edison Company Waterford Oaks County Park on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #09011 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS - HAZARDOUS MATERIALS EMERGENCY PLANNING 2008 - 2009 GRANT AGREEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Superfund Amendment and Reauthorization Act (SARA) of 1986, Title III, requires the planning and provisions for community right-to-know on extremely hazardous substances in local communities; and WHEREAS the Oakland County Local Emergency Planning Committee (LEPC) has been organized and meets minimum criteria in performing planning functions; and WHEREAS the federal Hazardous Materials Emergency Preparedness (HMEP) grant provides funds to LEPCs for the purpose of enhancing hazardous material response planning; and WHEREAS an application was submitted, and Oakland County has been notified that the LEPC is eligible to receive $9,000 for the submittal for new and updated plans; and WHEREAS the required 20% in kind match of $1,800 will be used for PTNE staff salary to support the LEPC planning effort; and WHEREAS no reports are required, and the funds will be received upon submittal of the plans as a work product; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process and the Board of Commissioners Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Chairperson of the Oakland County Board of Commissioners is authorized to execute the grant agreement of $9,000 and a 20% match of $1,800 for a total of $10,800 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 Correspondence to Finalize the Grant Agreement on file in County Clerk’s office. FISCAL NOTE (MISC. #09011) BY: Finance Committee, Tom Middleton, Chairperson IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS - HAZARDOUS MATERIALS EMERGENCY PLANNING 2008 - 2009 GRANT 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 resolution recognizes the Superfund Amendment and Reauthorization Act (SARA) of 1986, Title III which requires the planning and provision for community right to know on extremely hazardous substances in local communities. Commissioners Minutes Continued. January 22, 2009 24 2. The grant period is October 1, 2008 through September 30, 2009. 3. A grant application was submitted and Oakland County has been notified that the Local Emergency Planning Committee (LEPC) was eligible to receive up to $9,000 for the submittal for new and updated plans. 4. This grant requires an in-kind grant match of $1,800 in general fund expenditures bringing the total program costs to $10,800. 5. The Fiscal Year 2009 Adopted Budget includes revenue and expenditures funds for this program, therefore, no budget amendments are recommended. FINANCE COMMITTEE Moved by Potter supported by Burns the resolution (with fiscal note attached) be adopted. AYES: Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello, Coleman. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted. REPORT (MISC. #09012) BY: Finance Committee, Tom Middleton, Chairperson IN RE: CIRCUIT COURT/CIVIL CRIMINAL – FY 2009 MICHIGAN MENTAL HEALTH COURT GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above-referenced resolution on January 15, 2009 reports with the recommendation that the resolution be amended to strike the following paragraph: “WHEREAS the $8,000 award will be used to provide drug testing supplies and general support to the Adult Drug Court Program. There is no general fund financial obligation.” And add: “WHEREAS the $8,000 award will be used to purchase assessment supplies, testing supplies, and travel and conference. There is no general fund financial obligation.” Chairperson, I move acceptance of the foregoing report. FINANCE COMMITTEE MISCELLANEOUS RESOLUTION #09012 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: CIRCUIT COURT/CIVIL CRIMINAL – FY 2009 MICHIGAN MENTAL HEALTH COURT GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Mental Health Court grant program has awarded the 6th Circuit Court/Civil Criminal Division funding in the amount of $8,000 for the period of October 1, 2008 through September 30, 2009; and WHEREAS this is the 1st year of grant acceptance for this program; and WHEREAS this award partially funds the Adult Drug Court’s operations. The court was established to deal with the problems of increasing recidivism, increasing use of alcohol and illegal drugs, and the increase in Jail days ordered; and WHEREAS the $8,000 award will be used to provide drug testing supplies and general support to the Adult Drug Court Program. There is no general fund financial obligation. WHEREAS the grant agreement has been processed through the County Executive Contract Review Process and the Board of Commissioners Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts grant funding from the Michigan Supreme Court in the amount of $8,000 for the period of October 1, 2008 through September 30, 2009. Commissioners Minutes Continued. January 22, 2009 25 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 of changes, within 15% of the original award, which is consistent with the original agreement approved. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment and continuations of the special revenue positions in the grant are contingent upon continued future levels of grant funding. Chairperson, on behalf of the Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Grant Review Sign Off – Circuit Court and correspondence regarding 2009 Mental Health Court Grant – Oakland County on file in County Clerk’s office. FISCAL NOTE (MISC. #09012) BY: Finance Committee, Tom Middleton, Chairperson IN RE: CIRCUIT COURT – FY 2009 MICHIGAN MENTAL HEALTH COURT 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 6th Circuit Court was awarded a grant from the Michigan Mental Health Court grant program to assist in funding the Court’s Adult Drug Court. 2. This is the first year of this grant award. 3. The grant period is October 1, 2008 to September 30, 2009. 4. The total grant award is $8,000 of which $5,000 will fund assessment and testing supplies and $3,000 will fund, travel, and conference. 5. There are no personnel costs associated with this grant. 6. There is no grant match required. 7. A budget amendment to the FY 2009 budget is recommended as follows: FY 2009 Amendment MICHIGAN MENTAL HEALTH COURT GRANT FUND 27175 Grant #GR000000423 Circuit Court Civil Criminal Division Revenue 3010301-121200-615571 Grants State $ 8,000 Total Revenue $ 8,000 Expenditure 3010301-121200-750280 Lab Supplies $ 5,000 3010301-121200-732018 Travel and Conference 3,000 Total Expenditure $ 8,000 FINANCE COMMITTEE Moved by Potter supported by Zack the resolution (with fiscal note attached) be adopted. Moved by Potter supported by Zack the Finance Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Potter supported by Zack the resolution be amended to coincide with the recommendation in the Finance Committee Report. A sufficient majority having voted in favor, the amendment carried. Vote on resolution, as amended: Commissioners Minutes Continued. January 22, 2009 26 AYES: Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello, Coleman, Coulter. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolution (with fiscal note attached), as amended, was adopted. MISCELLANEOUS RESOLUTION #09013 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF’S OFFICE – CONTRACT FOR SERVICES BETWEEN THE COUNTY OF WAYNE AND THE COUNTY OF OAKLAND FOR WARRANT ENFORCEMENT PAROLE ABSCONDERS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution #08018 approved a contract with the County of Wayne and Oakland for warrant enforcement parole absconders; and WHEREAS the Wayne County Sheriff has requested that the Oakland County Sheriff continue to participate in a Parole Absconder Unit; and WHEREAS the Sheriff has agreed to participate in said unit; and WHEREAS the Sheriff is requesting to continue one (1) Deputy II and a vehicle to adequately perform these duties; and WHEREAS Wayne County has agreed to fund up to $6,250 a month towards this effort for 12 months; and WHEREAS the Sheriff has agreed to fund the remaining portion from the Sheriff’s Law Enforcement Enhancement Account; and WHEREAS Section 333.7524 of Public Act 368 of 1978 authorizes courts to distribute property and funds forfeited through narcotic seizures to participating agencies to be utilized toward the enhancement of law enforcement efforts related to the Controlled Substances Act; and WHEREAS the courts have distributed $641,650.53 to the Sheriff’s Office Law Enforcement Enhancement Account (balance as of 12/31/08) as a result of Sheriff Department forfeiture efforts; and WHEREAS the Sheriff is requesting that a portion of these funds be used to continue to fund this position until September 30, 2009; and WHEREAS the estimated costs are $122,407 for the period of October 1, 2008 through September 30, 2009, with Wayne County funding $75,000. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the use of the Sheriff’s Office Law Enforcement Enhancement Account (#10100-4030101-222430) to continue funding one (1) GF/GP Deputy II position (#4030915-10498) with a vehicle in the amount of $47,407 and authorizes the Chairperson of the Board to sign the attached contract for the period of October 1, 2008 through September 30, 2009. BE IT FURTHER RESOLVED that future level of service, including the Deputy II position (#10498) be contingent upon the level of funding associated with this contract. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Contract for Services Between County of Wayne and the County of Oakland on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #09014 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: DEPARTMENT OF PUBLIC SERVICES/OAKLAND PET ADOPTION CENTER (OPAC) - MICHIGAN PET FUND ALLIANCE DONATION ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Commissioners Minutes Continued. January 22, 2009 27 WHEREAS Oakland Pet Adoption Center has set a goal to develop the Oakland County Animal Shelter into a “No More Homeless Pet” adoption center by the end of the year 2010; and WHEREAS A significant step forward to achieving this goal is the reduction of animals brought into the shelter as give-up’s and strays; and WHEREAS many of the animals received are not planned births but caused because owners do not have their animals spayed or neutered; and WHEREAS Oakland Pet Adoption Center operates a low income spay and neuter clinic to help animal owners, who are financially encumbered, to spay or neuter their animals at a low cost. Over 2,000 cats have been spayed or neutered since 2007 under this program; and WHEREAS tax monies would not be an appropriate funding source for this activity; and WHEREAS Oakland Pet Adoption Center has partnered with the Michigan Pet Fund Alliance and the Michigan Humane Society as resources of funding to pay for this program; and WHEREAS The Michigan Pet Fund Alliance has made a donation of $26,400 to Oakland Pet Adoption Center to offset costs, increase access and pay for spay and neuter support; and WHEREAS Oakland Pet Adoption Center will use the funds for spay and neuter procedures, education, medications and support activities related to spay and neutering. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves acceptance of the $26,400 donation from the Michigan Pet Fund Alliance. BE IT FURTHER RESOLVED that the $26,400 be placed into the Oakland Pet Adoption Centers “Legacy Fund” which is a protected donation fund used exclusively for special projects and enhancements at the Oakland Pet Adoption Center. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #09015 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE - CONTRACT AMENDMENT #1 FOR LAW ENFORCEMENT SERVICES IN THE CITY OF ROCHESTER HILLS - 2009 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the City of Rochester Hills has contracted with the Oakland County Sheriff's Department to provide law enforcement services for the City (M.R. #08249); and WHEREAS paragraph 24 of this Contract provided that an amendment to this Contract must be approved by concurrent resolutions of both the Oakland County Board of Commissioners and the Rochester Hills City Council; and WHEREAS the City of Rochester Hills has approved a proposed amendment to the contract (Schedule A Deputies Contracted) which would upgrade (1) Patrol Investigator to Detective Sergeant bringing the total number of Patrol Investigators to eleven (11) and the number of Detective Sergeants to two (2) and leaving the total number of contracts at sixty (60); and WHEREAS the Sheriff has agreed to upgrade one (1) Patrol Investigator to Detective Sergeant for the City of Rochester Hills under the terms of this contract. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves an amendment to the original Schedule A (Sheriff Deputies Contracted) of the Oakland County Sheriff's Department 2009 Law Enforcement Services Agreement with the City of Rochester Hills to upgrade one Patrol Investigator to Detective Sergeant. BE IT FURTHER RESOLVED that position #02200 be reclassified from a Deputy II to Sergeant in the Rochester Hills Unit, Patrol Services Division of the Sheriff’s Office. BE IT FURTHER RESOLVED that this amendment will take effect on February 7, 2009. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of City of Rochester Hills 2009 Sheriff’s Deputies Contracted for and to be Assigned to Municipality and Rochester Hills Certified Copy Agreement: RESO346-2008 on file in County Clerk’s office. Commissioners Minutes Continued. January 22, 2009 28 The Chairperson referred the resolution to the Human Resources Committee and the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #09016 BY: Commissioner Shelley G. Taub, District #16 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR LEGISLATION TO GIVE OVERSEAS MILITARY PERSONNEL ENOUGH TIME TO VOTE AND BE COUNTED To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS one-third of all U.S. states do not provide enough time to vote for military personnel stationed overseas and as many as half of all states need to improve their absentee voting process to ensure that the votes of servicemen and women abroad will be counted, according to a report from the Pew Center on the States, entitled “No Time to Vote: Challenges Facing America’s Overseas Military Voters,” the first- ever detailed public analysis of states’ voting systems for military personnel stationed overseas; and WHEREAS the study further found that the State of Michigan is one of 16 states that does not provide enough time to vote for military personnel stationed overseas, because these states send out absentee ballots after the date necessary for military voters to meet all required deadlines; and WHEREAS although the State of Michigan allows overseas military voters to fax in their ballot requests, the state requires that the ballots be transmitted to and from voters by postal mail; and WHEREAS because the time needed for ballots to travel by mail takes longer than the time Michigan provides in its process, Michigan’s military voters abroad need an additional 13 days to have sufficient time to vote; and WHEREAS in order to ensure that overseas voters have enough time to vote and have their votes counted, States can send them blank ballots by fax, email, or other electronic means (such as through a website); and WHEREAS the State of Michigan could also implement a change wherein blank ballots are sent to voters earlier in the process and extending the deadline by which completed ballots must be received in order to be counted or a combination of these two steps that will add at least 13 days to the process. NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners supports the brave men and women, who are stationed overseas to defend our country and to preserve freedom in foreign lands, and providing them with every opportunity to exercise their basic democratic right to vote. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby urges the Michigan State Legislature to better guarantee the voting rights of military personnel stationed overseas by implementing revisions that would allow sending absentee ballots out to those abroad earlier than the current date of September 20th. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby urges the Michigan State Legislature adopt legislation that will allow state election officials to make blank ballots available by email, fax or other electronic means rather than exclusively through the regular mail. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby urges the Michigan State Legislature adopt legislation that provides for a secure environment that protects the secrecy of the ballot, yet allows for the completed ballots of military personnel who are stationed overseas to be returned in time to be counted. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby urges the Michigan State Legislature adopt legislation that requires military/overseas ballots postmarked by Election Day to be counted for at least a week following Election Day, with the appropriate procedures to ensure ballot security. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners encourages local clerks and election officials to implement plans to “Make Military Votes Count” by adding provisions to allow families of military personnel to update their current mailing address electronically and raise awareness of the Federal Write-in Ballot option as a failsafe opportunity to get votes in on time in order to be counted. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to Michigan Secretary of State Terry Lynn Land, the Oakland County delegation to the Michigan Legislature, Oakland County Clerk Ruth Johnson, the Clerks representing Oakland County’s cities, villages and townships and the Michigan Association of Counties. Chairperson, we move the adoption of the foregoing resolution. Commissioners Minutes Continued. January 22, 2009 29 SHELLEY TAUB, TOM MIDDLETON, SUE ANN DOUGLAS, MICHAEL GINGELL, JEFF POTTER, ROBERT GOSSELIN, CHRISTINE LONG, DAVID POTTS, DAVID WOODWARD, TIM GREIMEL, JANET JACKSON, JOHN SCOTT, DAVID COULTER, BRADFORD JACOBSEN, TIM BURNS, JIM RUNESTAD, JIM NASH, KIM CAPELLO, STEVEN SCHWARTZ, HELAINE ZACK, MARCIA GERSHENSON The Chairperson referred the resolution to the Public Services Committee. There were no objections. Commissioner Gershenson addressed the Board regarding Appointments to the Women’s Commission. Commissioners Gosselin and Coleman addressed the Board. Commissioner Gershenson questioned why resolution #09016 was sent to the Public Services Committee. Chairperson Bullard and Commissioner Taub responded to her question. The Board adjourned at 10:36 a.m. to the call of the Chair or February 5, 2009, at 9:30 a.m. RUTH JOHNSON BILL BULLARD, JR. Clerk Chairperson