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Home My WebLink AboutMinutes - 2009.02.05 - 848833 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES February 5, 2009 Meeting called to order by Chairperson Bill Bullard, Jr. at 9:34 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. (24) EXCUSED ABSENCE WITH NOTICE: Zack. (1) Quorum present. Invocation given by Eric Coleman. Pledge of Allegiance to the Flag. Moved by Gosselin supported by Burns the minutes of the January 22, 2009 Board Meeting be approved. A sufficient majority having voted in favor, the minutes were approved as printed. Moved by Jacobsen supported by Coulter the agenda be amended as follows: ITEMS ON BOARD AGENDA FINANCE COMMITTEE a. Oakland County Circuit Court Request for Internal Fund Transfer to Support Judge On-Line Program (Reason for Suspension of Finance Committee, item a.: Waiver of Rule XI.E. (1): Did not go through liaison committee of Public Services.) Vote on Agenda, as amended: AYES: Bullard, Burns, Capello, Coleman, Coulter, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward. (23) NAYS: None. (0) A sufficient majority having voted in favor, the Agenda, as amended, was approved. Commissioners Minutes Continued. February 5, 2009 34 Chairperson Bill Bullard, Jr. welcomed former Congressman Joseph K. Knollenberg and his wife Sandy. Chairperson Bullard asked all the Commissioners whose districts are in the 9th Congressional district to join him at the podium to present Joe Knollenberg with a Proclamation honoring him for his years of service. Chairperson Bill Bullard, Jr., on behalf of all the Oakland County Commissioners, thanked Joseph K. Knollenberg for his outstanding public service and commitment to the people of Oakland County throughout his 16 year tenure in the United States House of Representatives from Michigan’s 9th Congressional District from 1993 to 2008. Joe Knollenberg addressed the Board. Chairperson Bill Bullard, Jr. stated that the Presentation of Community Service Award to the Oakland County Sheriff’s Office Benefit the Disabled from the Michigan Recreation and Park Association – Carol Anderson on today’s agenda will be postponed. Deputy County Clerk/Register of Deeds James VanLeuven read a communication from Commissioner Helaine Zack thanking the Commissioners and Staff for the flowers, support, cards and other communications. Without objection, the communication was received and filed. Deputy County Clerk/Register of Deeds James VanLeuven read a communication from Michael J. Bouchard, Oakland County Sheriff, requesting membership into the Criminal Justice Coordinating Council. He would like to designate Undersheriff Michael G. McCabe as his alternate, Jail Administrator Ann Russell to be assigned to the Council, and Major Charles Snarey as Ann Russell’s alternate. Without objection, the communication was received and filed. Deputy County Clerk/Register of Deeds James VanLeuven read a communication from Judith K. Cunningham, Corporation Counsel, stating that she will continue to serve on the Criminal Justice Coordinating Council as the representative from the Department of Corporation Counsel for the 2009 - 2010 term. Karen Agacinski will continue to serve as her alternate. Without objection, the communication was received and filed. Deputy County Clerk/Register of Deeds James VanLeuven read a communication from Barbara M. Hankey, Manager Oakland County Community Corrections, requesting to be appointed to the Criminal Justice Coordinating Council for the 2009 - 2010 membership term as Community Corrections Manager. She is further requesting that Bob Gatt, Chief of Field Operations for Community Corrections, be appointed as her designated alternate. Without objection, the communication was received and filed. Deputy County Clerk/Register of Deeds James VanLeuven read a communication from Bill Bullard, Jr., Chairperson of the Oakland County Board of Commissioners, appointing the following individuals to serve on the Community and Home Improvement Citizens Advisory Council for a term beginning January 1, 2009 and ending December 31, 2009: LOCAL OFFICIALS CITIZENS AT LARGE Joan Fogler, Supervisor, Oakland Township Marc Craig Dave Murphy, Manager, City of South Lyon Monica Duncan Mark Stec, Community Development Coord., City of Hazel Park Chester Koop Don Green, Supervision, Milford Township Ramona Benbow Paul Zelenak, Manager, Village of Lake Orion Margaret Bartos Bill Richards, Jr., Assistant Manager, City of Farmington Robert Lloyd Cheri Ouimet Hill Michael McReynolds Brenda Peek Jim Perlaki Without objection, the appointments were confirmed. Norah O’Brian, Lorna McEwen and Kimarie Martin addressed the Board during public comment. Commissioners Minutes Continued. February 5, 2009 35 Moved by Middleton supported by Jackson 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 54. The resolutions on the Consent Agenda follow (annotated by an asterisk {*}): *MISCELLANEOUS RESOLUTION #09017 BY: Finance Committee, Tom Middleton, Chairperson IN RE: OAKLAND COUNTY CIRCUIT COURT – REQUEST FOR INTERNAL FUND TRANSFER TO SUPPORT JUDGE ON-LINE PROGRAM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS on October 27, 2008, the Circuit Court implemented a teleconferencing pilot program entitled Judge On-Line; and WHEREAS Judge On-Line is a new service to allow for telephonic participation in lieu of personal court appearances for summary dispositions, motions, pre-trials, scheduling and status conferences and other miscellaneous court proceedings; and WHEREAS Judge On-Line is expected to save attorneys and litigants time and costs and assist the court in managing its docket more effectively; and WHEREAS participation in Judge On-Line is discretionary on the part of attorneys and litigants, and participation is subject to a $30 fee in accordance with the Michigan Court Rules; and WHEREAS the pilot program phase of Judge On-Line has been successful and is viewed favorably by the legal community, and so the Circuit Court would like to expand the program to all circuit judges; and WHEREAS the Probate Court has also indicated its interest in implementing telephonic conferences for probate court proceedings and the Friend of the Court has expressed interest is using telephonic conferencing for certain Friend of the Court hearings; and WHEREAS the Circuit Court eliminated two court reporter positions (positions #2287 and #3641) nine months in advance of its budget task, thereby creating $121,730 in one-time accelerated savings; and WHEREAS the Circuit Court requests the transfer of accelerated savings from its Controllable Personnel budget to its Controllable Operating budget, in the Circuit Court’s Special Projects account, against which the necessary telephonic and IT equipment may be expensed. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the budget amendment of $121,730 from the Circuit Court’s Controllable Personnel budget to its Controllable Operating budget - Special Projects account, as detailed below: GENERAL FUND 10100 FY 2009 Expenditures 3010101-121130-702010 Salaries Regular $(71,750) 3010101-121130-722770 Fringe Ben - Retirement (49,980) 3010101-121100-731822 Special Projects 121,730 Total General Fund $ 0 Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE (The vote for this motion appears on page 54.) *MISCELLANEOUS RESOLUTION #09018 BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF RISK MANAGEMENT – APPROVAL OF AN INTERLOCAL AGREEMENT BETWEEN OAKLAND COUNTY AND VARIOUS LOCAL MUNICIPALITIES FOR THE USE AND OPERATION OF SPECIALIZED SEARCH AND RESCUE VEHICLES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County will be in possession of various pieces of specialized search and rescue vehicles; and WHEREAS the funding for the purchase of the search and rescue vehicles will be paid entirely from Homeland Security Grant Funds from the Urban Area Security Initiative in order to stand up the first Search and Rescue Task Force in Michigan; and Commissioners Minutes Continued. February 5, 2009 36 WHEREAS the vehicles will be housed temporarily in a leased facility as approved by the Oakland County Board of Commissioners and then permanently housed in Oakland County at a facility identified in Independence Township; and WHEREAS the attached Search and Rescue Emergency Response Vehicle Interlocal Agreement sets forth the rights and obligations of the County and the local municipalities that will operate the use of the vehicles; and WHEREAS the Departments of Corporation Counsel and Risk Management have reviewed and signed off on the Lease Agreement; and WHEREAS it is recommended that the Oakland County Board of Commissioners accepts and approves the terms and conditions of the attached Interlocal Agreement. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approve the attached Search and Rescue Emergency Response Vehicle Interlocal Agreement and that the Chairperson of the Board of Commissioners is authorized to sign the Agreement with the applicable local municipalities. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Acceptance and Approval of Interlocal Agreement for Operation of Search and Rescue Emergency Response Vehicle, Terms and Conditions of Agreement and Recommendation on file in County Clerk’s office. SEARCH AND RESCUE EMERGENCY RESPONSE VEHICLE INTERLOCAL AGREEMENT This Interlocal Agreement ("Agreement"), is entered into between Oakland County, a Constitutional and Municipal Corporation, 1200 North Telegraph, Pontiac, Michigan 48341 ("County") and __________________ ("Participating Agency"). INTRODUCTION WHEREAS each Participating Agency has the power, privilege and authority to maintain and operate a fire department providing fire protection, fire suppression, emergency medical services, technical rescue, search and rescue response operations, hazardous incident response, and other emergency response services; WHEREAS fire services can further be improved by cooperation between political subdivisions during times of public emergency, conflagration or disaster; WHEREAS the Michigan Constitution of 1963, Article 7, § 28, the Urban Cooperation Act of 1967, MCL 124.501 et seq., and the Emergency Management Act, MCL 30.401 et seq., permit a political subdivision to exercise jointly with any other political subdivision any power, privilege or authority which such political subdivisions share in common and which each might exercise separately; WHEREAS each Participating Agency continues to face Incidents and threats to public safety; WHEREAS the resources of the Participating Agency might be strained or overwhelmed if forced to confront such Incidents or threats in isolation; WHEREAS the Parties acknowledge the possibility that additional resources and equipment, beyond those of the Participating Agency, may be required to meet and mitigate the Incidents and threats to public safety. THEREFORE the Participating Agency has designated employees to participate with Michigan Task Force 1 (MI-TF1). WHEREAS MI-TF1 performs specialized search and rescue operations for all hazards that provide for the location, rescue (extrication) and medical stabilization of victims trapped in confined spaces from structural collapse, transportation accidents, mines and collapsed trenches; WHEREAS the MI-TF1 is not a legal entity that can purchase equipment or sign contracts or leases; WHEREAS because the MI-TF1 is not a legal entity, the County has agreed to acquire and own specialized Search and Rescue Emergency Response Vehicles and associated equipment to aid the MI- TF1 in responding to Incidents and threats to public safety; WHEREAS the County will be reimbursed the costs of the Search and Rescue Emergency Response Vehicles and associated equipment through a grant; WHEREAS the citizens of Oakland County will be provided better public safety with the purchase of the Search and Rescue Emergency Response Vehicles and associated equipment by the County; WHEREAS pursuant to the Michigan Constitution, the Urban Cooperation Act and the Emergency Management Act, the Parties enter into this Agreement to set forth the rights and duties regarding the use Commissioners Minutes Continued. February 5, 2009 37 and operation of the Search and Rescue Emergency Response Vehicles and associated equipment acquired and owned by the County. NOW THEREFORE in consideration of the mutual promises, obligations, representations, and assurances in this Agreement, the Parties agree to the following: §1. DEFINITIONS. The following words and expressions used throughout this Agreement, whether used in the singular or plural, within or without quotation marks, or possessive or non-possessive, shall be defined, read and interpreted as follows. 1.1. Authorized Representative means the chief executive or designee of a Participating Agency authorized in writing by that governmental unit to request, offer, or provide assistance under the terms of this Agreement. 1.2. County means Oakland County, a municipal and constitutional corporation, including, but not limited to, all of its departments, divisions, elected and appointed officials, employees, and agents. 1.3. Incident means any situation in the area of handling emergencies including, but not limited to building collapse, confined space rescue, trench rescue, high-angle rescue, and hazardous materials incident. 1.4. Michigan Task Force 1 (MI-TF1) means a specialized response unit that performs search and rescue operations for all hazards that provide for the location, rescue (extrication) and medical stabilization of victims trapped in confined spaces from structural collapse, transportation accidents, mines and collapsed trenches. 1.5. Participating Agency means any city, village or township that is a Party to this Agreement, including, but not limited to any and all of its departments, divisions, elected officials, employees, agents, subcontractors and volunteers. 1.6. Search and Rescue Emergency Response Vehicles (“Emergency Response Vehicles”) includes the Hackney 5-Bay Rescue, Two-24’ Freightliner Box Trucks, Two Sprinter 12 Passenger Vans, Logistics Trailer and Medical Trailer, Four-Pickup Trucks, the GAPVAX Vehicle, or other vehicles that the County may acquire or purchase. §2. COUNTY RESPONSIBILITIES. Subject to the terms and conditions contained in this Agreement and applicable changes in law, the County shall do the following: 2.1. The County shall purchase and own the Emergency Response Vehicles and associated equipment. 2.2. The County shall allow employees of the Participating Agency, who are members of MI- TF1, to use the Emergency Response Vehicles and associated equipment. 2.3. The County shall insure the Emergency Response Vehicles. The County shall pay for the insurance. 2.4. The County shall be responsible for storing the Emergency Response Vehicles and the cost associated with such storage as long as grant funds are available to reimburse the County for such costs. 2.5. The County shall not be responsible for any costs associated with the operation, maintenance, or repair of the Emergency Response Vehicles, unless grant funds become available and the County is awarded grants funds for such purposes. 2.6. The County shall not be responsible for purchasing new emergency response vehicles if the Emergency Response Vehicles become damaged or destroyed. 2.7. The County shall not be responsible to pay for or replace disposable and consumable equipment and supplies for or on the Emergency Response Vehicles. §3. PARTICIPATING AGENCY RESPONSIBILITIES. Subject to the terms and conditions contained in this Agreement and applicable changes in law, the Participating Agency shall provide the following: 3.1. The Participating Agency may only use the Emergency Response Vehicles if it has designated an employee(s) to participate with MI-TF1. 3.2. Each Participating Agency shall be responsible for obtaining and maintaining, throughout the term of this Agreement, all licenses, permits, certificates and governmental authorizations for its employees, agents and volunteers to perform all its obligations under this Agreement, including but not limited to, obtaining applicable licenses required by the Michigan Secretary of State. 3.3. The Participating Agency shall have all members of the MI-TF1 which are its employees trained on the Emergency Response Vehicles and associated equipment. Additional Commissioners Minutes Continued. February 5, 2009 38 employees of the Participating Agency may be trained at the option of the Participating Agency. 3.4. The Participating Agency shall be responsible for all costs associated with the operation, maintenance, and repair of the Emergency Response Vehicle, unless grant funds become available and are awarded to the County for such purposes. The Participating Agencies executing this Agreement shall be responsible for determining how the costs for operation, maintenance, and repair are allocated, billed and collected. 3.5. With the prior written approval of the County and the MI-TF1, the Participating Agency may add additional equipment to the Emergency Response Vehicles. The Participating Agency shall be responsible for all costs associated with adding the additional equipment to the Emergency Response Vehicles and for its operation, maintenance, and repair. 3.6. The Participating Agency shall be responsible for all costs associated with replacing disposable and consumable equipment and supplies on the Emergency Response Vehicles that it disposes of or consumes. §4. DURATION OF INTERLOCAL AGREEMENT. This Agreement and any amendments hereto shall be effective when executed by the Parties with resolutions passed by the governing bodies of each party and the Agreement is filed as required by MCL 124.510. This Agreement shall remain in effect until cancelled or terminated by either Party pursuant to Section 6. §5. LIABILITY. Each Party shall be responsible for its own acts and the acts of its employees, agents, volunteers, and subcontractors, the costs associated with those acts, and the costs associated with the defense of those acts. §6. TERMINATION OF AGREEMENT. A Party may terminate this Agreement for any reason upon thirty (30) days notice before the effective date of termination. The effective date for termination shall be clearly stated in the notice. §7. SUSPENSION OF SERVICES. Upon notice to the Participating Agency, the County may immediately suspend this Agreement or the Participating Agency’s use of the Emergency Response Vehicles, if the Participating Agency has failed to comply, with federal, state, or local law, or any requirements contained in this Agreement. §8. NO THIRD PARTY BENEFICIARIES. Except as provided for the benefit of the Parties or as provided in this Agreement, 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. COMPLIANCE WITH LAWS. Each Party shall comply with all federal, state, and local statutes, ordinances, regulations, administrative rules, and requirements applicable to its activities performed under this Agreement. §10. DISCRIMINATION. The Parties shall not discriminate against their employees, agents, applicants for employment, or another persons or entities with respect to hire, tenure, terms, conditions, and privileges of employment, or any matter directly or indirectly related to employment in violation of any federal, state or local law. §11. RESERVATION OF RIGHTS. This Agreement does not and is not intended to impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the Parties. §12. DELEGATION/SUBCONTRACT/ASSIGNMENT. A Party shall not delegate, subcontract, and/or assign any obligations or rights under this Agreement without the prior written consent of the other Party. §13. NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a party to pursue or enforce any rights or remedies under this Agreement shall constitute a waiver of those rights with regard to any existing or subsequent breach of this Agreement. No waiver of any term, condition, or provision of this Agreement, whether by conduct or otherwise, in one or more instances shall be deemed or construed as a continuing waiver of any term, condition, or provision of this Agreement. No waiver by either Party shall subsequently affect its right to require strict performance of this Agreement. §14. SEVERABILITY. If a court of competent jurisdiction finds a term or condition of this Agreement to be illegal or invalid, then the term or condition shall be deemed severed from this Agreement. All other terms, conditions, and provisions of this Agreement shall remain in full force. Commissioners Minutes Continued. February 5, 2009 39 §15. CAPTIONS. The section and subsection numbers, captions, and any index to such sections and subsections contained in this Agreement are intended for the convenience of the reader and are not intended to have any substantive meaning. §16. 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 persons 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 by first class or certified U.S. mail. 16.1. If notice is sent to the County, it shall be addressed and sent to: Oakland County Board of Commissioners, Chairperson, 1200 N. Telegraph, Building 12 East, Pontiac, MI 48341; and to Oakland County Risk Management & Safety, Attention: Risk Manager, 2100 Pontiac Lake Road, Pontiac, MI 48328. 16.2. If notice is sent to the Participating Agency, it shall be addressed to that Agency's Authorized Representative: 16.3. Either Party may change the address and/or individual to which notice is sent by notifying the other Party in writing of the change. §17. GOVERNING LAW. This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan. §18. AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications, amendments, rescissions, waivers, or releases to this Agreement must be in writing and agreed to by all Parties. Unless otherwise agreed, the modification, amendment, rescission, waiver, or release shall be signed by the same persons who signed the Agreement or other persons as authorized by the Party's governing body. §19. ENTIRE AGREEMENT. This Agreement represents the entire agreement and understanding between the Parties. This Agreement supercedes all other oral or written agreements between the Parties. The language of this Agreement shall be construed as a whole according to its fair meaning and not construed strictly for or against any Party. The Parties have taken all actions and secured all approvals necessary to authorize and complete this Agreement. The persons signing this Agreement on behalf of each Party have legal authority to sign this Agreement and bind the Parties to the terms and conditions contained herein. IN WITNESS WHEREOF, (insert name) hereby acknowledges that he has been authorized to execute this Agreement on behalf of the Participating Agency and hereby accepts and binds the Participating Agency 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 to execute this Agreement on behalf of the Oakland County, and hereby accepts and binds the Oakland County to the terms and conditions of this Agreement. EXECUTED: _____________________________ DATE: ______________ BILL BULLARD, JR., Chairperson Oakland County Board of Commissioners WITNESSED: _____________________________ DATE: _______________ RUTH JOHNSON, Clerk/Register of Deeds Oakland County (The vote for this motion appears on page 54.) *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: Commissioners Minutes Continued. February 5, 2009 40 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. FISCAL NOTE (MISC. #09009) BY: Finance Committee, Tom Middleton, 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: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: 1. The County of Oakland and the Michigan Nurses Association have reached a three-year agreement regarding wages and benefits for the period October 1, 2007 through September 30, 2010. 2. The agreement includes a 1% wage increase for FY 2008 and FY 2009, with a wage reopener for FY 2010. 3. For FY 2008 the wage increase equates to $66,871 for salaries and $27,016 for related fringe benefits, totaling $93,887. 4. The wage increase for FY 2009 equates to $67,540, for salaries and $27,287 for related fringe benefits totaling $94,827. 5. The wage increase has been included in the FY 2009 Adopted Budget. Therefore, no amendment is recommended. FINANCE COMMITTEE (The vote for this motion appears on page 54.) *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 Commissioners Minutes Continued. February 5, 2009 41 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. 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. FISCAL NOTE (MISC. #09010) BY: Finance Committee, Tom Middleton, 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: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Detroit Edison Company is in the process of relocating and upgrading electrical services to the maintenance building and the administration building at Waterford Oaks County Park and is requesting Oakland County grant an easement for underground electric service. 2. 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. 3. No General Fund/General Purpose funding is required. FINANCE COMMITTEE (The vote for this motion appears on page 54.) *MISCELLANEOUS RESOLUTION #09019 BY: Planning and Building Committee, John Scott, Chairperson IN RE: WATER RESOURCES COMMISSIONER (WRC) – ROUGE RIVER - OAKLAND COMMUNITIES PUBLIC SERVICES ANNOUNCEMENT PROJECT – GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the United States Environmental Protection Agency’s Phase II Storm Water Regulations (“Phase II”) of the Federal Clean Water Act went into effect March 2003; and WHEREAS the Phase II regulations mandate that municipalities located within or near an “urbanized” area must be permitted under the National Pollutant Discharge Elimination Permit program; and WHEREAS in compliance with the Phase II regulations, the Oakland County Water Resources Commissioner applied for and received coverage under the Municipal Separate Storm Sewer Systems Watershed General Permit (“Storm Water general permit”) for Oakland County; and WHEREAS the County of Wayne, through the Rouge River National Wet Weather Demonstration Project, has offered federal grants to government entities for addressing and improving the water quality of the Rouge River; and Commissioners Minutes Continued. February 5, 2009 42 WHEREAS the purpose of the grant is to enable counties and local units of government within the Rouge River Watershed to educate the public and municipal officials how to improve the water quality of the Rouge River; and WHEREAS public education will assist in restoring the water quality of the Rouge River and other river systems within Oakland County; and WHEREAS the Oakland County Water Resources Commissioner has applied for and was awarded $50,000.00 of federal grant reimbursement from the County of Wayne; and WHEREAS the total project cost is $100,000.00 of which $50,000.00 is required from Oakland County as matching funds; and WHEREAS the required County match will be met with $7,500 of existing WRC personnel time already assigned this task, as well as $42,500 of donated services; and WHEREAS no additional County personnel or funds are required, and all grant funds will go toward the Rouge-Oakland Public Service Announcements Project; and WHEREAS the United States Environmental Protection Agency (USEPA) has established grant conditions and regulations that require Oakland County to act as the responsible party with respect to the grant, including those provisions described within 40 C.F.R. Part 31; and WHEREAS the USEPA will supervise the grant and grant conditions in order that the grant be used in accordance with the requirements of the law; and WHEREAS acceptance of the reimbursement grant does not obligate Oakland County to any future commitment; and WHEREAS the grant agreement has been approved through the County’s Executive’s Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the interagency agreement (IAA) with the County of Wayne for a grant from the Rouge River National Wet Weather Demonstration Project and matching contribution from the County in the amount of $50,000 for the Rouge-Oakland Public Service Announcements Project. BE IT FURTHER RESOLVED that the Water Resources Commissioner is authorized to sign the grant agreement and to approve grant modifications and extensions, within fifteen (15) percent of the original award, consistent wit the grant agreement approved. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Grant Review Sign Off – Water Resources Commissioner’s Office and Attachment “A” – Rouge Oakland Public Service Announcements – Round IX on file in County Clerk’s office. FISCAL NOTE (MISC. #09019) BY: Finance Committee, Tom Middleton, Chairperson IN RE: WATER RESOURCES COMMISSIONER (WRC) - ROUGE RIVER - OAKLAND COMMUNITIES PUBLIC SERVICES ANNOUNCEMENT PROJECT – 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 Rouge-Oakland Public Services Announcement Project is to enable Oakland County and local units of government to evaluate alternative approaches for controlling sources of water pollution, increase public education and assist in restoring the water quality of the Rouge River and other river systems within Oakland County. 2. The Rouge-Oakland Public Services Announcement Project was awarded a Federal grant reimbursement from the County of Wayne in the amount of $50,000 and Oakland County will match the funds by 50%, or $50,000 for a total project cost of $100,000. 3. This is a one-time grant and therefore indirect costs for this particular grant were not calculated in the County’s indirect cost plan. 4. The County match will be met with existing Water Resources Commissioner personnel and other in-kind services from documented donations of airtime for public service announcements broadcasted by cable and radio contractors. No additional General Fund Monies are required. Commissioners Minutes Continued. February 5, 2009 43 5. A budget amendment is recommended to the Fiscal Year 2009 Budget as follows for the Water Resources Commissioner personnel cost that will be charged to the grant: GENERAL FUND (10100) FY 2009 Expenditures 6010101-174450-702010 Salaries ($4,700) 6010101-174450-722740 Fringes ( 2,800) 6010101-174450-788001-29473 Transfer Out to Grant 7,500 Total Expenditures $ 0 ROUGE OAKLAND COMMUNITIES PUBLIC SERVICES ANNOUNCEMENT PROJECT FUND 29473 (PROJECT GR0000000424 ACTIVITY ADM) Revenue 6010301-174450-695500-10100 Transfer In from General Fund $7,500 Total Revenue $7,500 Expenditures 6010301-174450-702010 Salaries $4,700 6010301-174450-722740 Fringes 2,800 Total Expenditures $7,500 FINANCE COMMITTEE (The vote for this motion appears on page 54.) *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 Commissioners Minutes Continued. February 5, 2009 44 CONTRACT FOR SERVICES BETWEEN COUNTY OF WAYNE AND THE COUNTY OF OAKLAND (CONTRACT # ) THIS CONTRACT is between the County of Wayne, Michigan, a body corporate and Charter county, acting through the Office of the Sheriff, (the “County”) and the County of Oakland, Michigan, acting through its Office of the Sheriff (the “Contractor”). 1. PURPOSE 1.01 The County desires to contract with the Contractor for one (1) deputy sheriff to be assigned to the Wayne County Sheriff’s Warrant Enforcement Bureau Parole Absconder Unit to supervise personnel, investigate, locate and arrest Michigan Department of Corrections’ Correctional Facilities Administration escapees, Field Operations Administration escapees, parole violators, and when authorized by the court, Field Operations Administration, Special Alternative Incarceration probation violators. 1.02 The Contractor desires to provide services to this program by providing police personnel. 2. SCOPE OF SERVICE 2.01 The County engages the Contractor, and the Contractor agrees to provide one (1) Oakland County deputy sheriff to service this Contract. 2.02 The Contractor’s deputy shall carry out all duties necessary to accomplish the goals of the contract under the daily administrative direction of the Chief of Field Operations for the Wayne County Sheriff’s Office or designee in coordination with the Oakland County Sheriff’s Office. The deputy will not be diverted from the exclusive service of this Contract, unless mutually agreed upon by the parties. The Oakland County Sheriff’s Office shall retain ultimate responsibility for the supervision, direction, control, assignment, discipline and compensation of its assigned personnel. 2.03 The deputy shall at all times remain the employee of the Contractor and shall be subject to the same terms of employment, and retain all rights under the assigned deputy’s current collective bargaining agreement with the Contractor. Continued assignment of personnel to this Contract will be based upon performance and will be at the discretion of the Oakland County Sheriff’s Office. 2.04 The parties shall confer as necessary so that the services to be performed under this Contract proceed in an efficient and mutually satisfactory manner. If there is any dispute between the parties regarding the extent and character of the services to be performed, the interpretation and determination of the County governs. 2.05 This contract is effective October 1, 2008 through September 30, 2009. 2.06 The County shall reimburse the Contractor for the cost of general operations related to participation not to exceed the total amount of Seventy Five Thousand ($75,000.00) over the course of this agreement. 2.07 The Contractor shall submit a monthly invoice for general operations participation costs at one- twelfth (1/12) of the total base annual compensation, or Six Thousand Two Hundred Fifty and 00/100 Dollars ($6,250.00). 3. RECORDS - ACCESS 3.01 Each party must maintain complete books, ledgers, journals accounts, or records in which it keeps all entries reflecting its operation pursuant to this Contract. Each party must keep the records according to generally accepted accounting practices and for a minimum of 3 years after the Contract’s termination and completion. 4. RELATIONSHIP OF PARTIES 4.01 The parties are independent contractors. No liability or benefits, such as workers’ compensation, pension rights, or insurance rights, arising out of, or related to a contract for hire or employer/employee relationship, accrues to either party or either party’s agent, subcontractor or employee as a result of the Contract. No relationship, other than that of independent contractor will be implied between the parties, or either party’s agent, employee, or subcontractor. 5. INSURANCE 5.01 Each party, at its expense, must maintain during the term of this Contract the following insurance or program of self-insurance: A. Professional liability insurance with minimum limits of $1 Million Dollars per occurrence and $1 Million Dollars aggregate. B. Workers’ Compensation Insurance, which meets Michigan statutory requirements. Commissioners Minutes Continued. February 5, 2009 45 C. Comprehensive General Liability Insurance with minimum limits of bodily injury of $500,000 per occurrence and $1 Million Dollars aggregate and with minimum limits for property damage of $500,000 each occurrence and $1 Million Dollars aggregate. D. Comprehensive Automobile Liability (including hired and non owned vehicles) with minimum limits for bodily injury of $1 Million Dollars per occurrence wand with minimum limits for property damage of $500,000 per occurrence. 5.02 If, during the term of this Contract, changed conditions or other pertinent factors, should in the reasonable judgment of the parties, render inadequate the insurance limits, the party will furnish on demand such additional coverage as any reasonably be required and available under the circumstances. The insurance must be affected under valid and enforceable policies, issued by recognized, responsible Michigan insurers, which are well rated by national rating organizations. 6. LIABILITY 6.01 All liability, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities to be carried out pursuant to the obligations of the Contractor under this Contract are the responsibility of the Contractor, and not the responsibility of the County, if the liability, loss, or damage is caused by, or arises out of, the actions or failure to act on the part of the Contractor, any subcontractor, or anyone directly or indirectly employed by the Contractor 6.02 All liability, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities to be carried out pursuant to the obligations of the County under this Contract are the responsibility of the County and not the responsibility of the Contractor if the liability, loss, or damage is caused by, or arises out of, the action or failure to act on the part of any County employee or agent. 6.03 If liability to third parties, loss, or damage arises as a result of activities conducted jointly by the parties in fulfillment of their responsibilities under this contract, the liability, loss, or damage must be borne by parties in relation to each party’s responsibilities under these joint activities. 6.04 For purposes of these provisions, the term “County” includes the County of Wayne and all other associated, affiliated, or subsidiary departments or divisions now existing or to be created, their agents and employees. 6.05 This article must not be construed as a waiver of any governmental immunity the County, or the Contractor, its officials, officers, agencies, or employees, have as provided by statute or modified by court decisions. 7. TERMINATION 7.01 Either party upon 30 days written notice may terminate this Contract. Upon receipt of such notice, the parties must immediately discontinue all work and services upon the effective date of termination. 7.02 Each party will assist the other party in the orderly termination of this Contract and the transfer of all aspects, tangible or intangible, as may be necessary for the orderly, non-disrupted business continuance of each party. 8. CONFIDENTIAL INFORMATION 8.01 If either party discloses confidential information to the other party’s employees pertaining to the disclosing party’s past, present and future activities, the receiving party must instruct its employees to regard all information gained by each person as information which is confidential and not to be disclosed to any organization or individual without the prior written consent of the disclosing party. 8.02 Each party will take appropriate action with respect to its employees to insure that the obligations of non-use and non-disclosure of confidential information concerning this Contract can be fully satisfied. 9. NONDISCRIMINATION PRACTICES 9.01 Each party must comply with: A. Titles Vl and Vll of the Civil Rights Act (42 U.S.C. §§ 2000d et. seq.) and The United States Department of Justice Regulations (28 C.F.R Part 42) issued pursuant to those Titles. B. The Age Discrimination Act of 1985 (42 U.S.C. §6101-07). C. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794). D. The Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and its associated regulations. Commissioners Minutes Continued. February 5, 2009 46 E. The Michigan Civil Rights Act (P.A. 1976 no. 453) and the Michigan Handicappers Civil Rights Act (P.A. 1976 No. 220). F. Sections 121.13, et. seq. of the Wayne County Code regarding Equal Contracting Opportunity. 10. NOTICES 10.01 All notices, consents, approvals, requests and other communications (“Notices”) required or permitted under this Contract must be given in writing and mailed by first-class mail addressed as follows: If to the contractor: Undersheriff Michael G. McCabe Oakland County Sheriff’s Office 1201 N. Telegraph Road Pontiac, MI 48341 If to the County: Suzanne Hall Wayne County Sheriff’s Office 1231 St. Antoine Detroit, MI 48226 10.02 All notices are deemed given on the day of mailing. Either party to this Contract may change its address for the receipt of notices at any time by giving notice to the other as provided. An authorized representative of such party must sign any notice given by a party. 10.03 Termination notices, change of address notices, and other notices of a legal nature, are an exception and must be sent by registered or certified mail, postage prepaid, return receipt requested. 11. WAIVER OF ANY BREACH 11.01 No failure by a party to insist upon the strict performance of any term of this Contract or to exercise any term after a breach, constitutes a waiver of any breach of term. No waiver of any breach affects or alters this Contract, but every term of this Contract remains effective with respect to any other then existing or subsequent breach. 12. SEVERABILITY OF PROVISIONS 12.01 If any provision of this Contract or the application to any person or circumstance is, to any extent, judicially determined to be invalid or unenforceable, the remainder of the Contract, or the application of the provision to persons or circumstances other than those as to which it is invalid or unenforceable, is not affected and is enforceable. 13. MERGER CLAUSE 13.01 This document contains the entire agreement between the parties and all prior negotiations and agreements are merged in this document. Neither party has made any representations except those expressly set forth. No rights or remedies are, or will be acquired by either party by implication or otherwise unless set forth. 14 JURISDICTIONS AND LAW 14.01 This Contract, and all actions arising from it, must be governed by, subject to, and construed according to the law of the State of Michigan. Each party consents to the personal jurisdiction of any competent court in Wayne County, Michigan, for any action arising out of this sufficient to put the other party on notice. Neither party will commence any action against the other because of any matter arising out of or relating to the validity, construction, interpretation and enforcement of this Contract, in any courts other than those in the County of Wayne, State of Michigan unless original jurisdiction is in the United States District Court for the Easter District of Michigan, Southern Division, the Michigan Supreme Court or the Michigan Court of Appeals. 15. MISCELLANEOUS 15.01 The Contractor covenants that it is not, and will not become, in arrears to the county upon any contract, debt, or any other obligation to the county, including real property and personal property taxes. 15.02 Articles 5, 6 and 15 survive termination of the Contract. 15.03 All the provisions of this Contract are “covenants” and “conditions” as though words specifically expressing or imparting covenants and conditions are used in each provision. Commissioners Minutes Continued. February 5, 2009 47 15.04 Neither party is responsible for force majeure events. In the event of a dispute between the parties with regard to what constitutes a force majeure event, the county’s reasonable determination is controlling. 15.05 Unless the context otherwise requires, the words, “herein”, “hereof” and “hereunder”, and other words of similar import, refers to this Contract as a whole and not to any particular article, section, or other subdivision. 15.06 The headings of the articles in this Contract are for convenience only and must not be used to construe or interpret the scope or intent of this Contract or in any way affect the Contract. 15.07 As used, the singular includes the plural, the plural includes the singular, and the use of any gender is applicable to all genders. 15.08 Contractor may not assign this or any part, or subcontract any of the work or services to be performed without the County’s prior written approval. 15.09 No amendment of this Contract is effective unless it references this Contract, is written, is signed and acknowledged by duly authorized representatives of both parties. 15.10 Contractor agrees to comply with all applicable Michigan Department of Corrections policies, administrative rules, and provisions as provided in the “Agreement Between the State of Michigan Department of Corrections and Wayne County Sheriff’s Department” dated October 1, 2004. 16. AUTHORIZATIONS AND CAPABILITY 16.01 Each party warrants that it has taken all actions necessary for the authorization, execution, delivery and performance of this Contract. It is ready to perform its obligations. Each party further warrants that the person signing this Contract is authorized to do so on behalf of its principal to this Contract. 17. SIGNATURE 17.01 The County and the Contractor, by their authorized officers and representatives have executed this Contract. COUNTY OF OAKLAND COUNTY OF WAYNE By: _____________________ By:_____________________ Bill Bullard Jr. Robert A. Ficano Chairman County Executive Oakland County Board of Commissioners Date: ___________________ Date: ___________________ By: _____________________ By:_____________________ Michael J. Bouchard Warren C. Evans Its: Sheriff_ Its: Sheriff_____________ Date: ________________ Date: ________________ FISCAL NOTE (MISC. #09013) BY: Finance Committee, Mike Rogers, 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: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Wayne County Sheriff requested that the Oakland County Sheriff participate in a Parole Absconder Unit. 2. The resolution continues funding for one (1) Deputy II in the Investigative and Forensic Services Division to perform these duties. 3. The resolution also continues funding for one (1) unmarked vehicle in the county fleet. Funding will come from the Law Enforcement enhancement account. 4. The total cost of participating in the program is $122,407 for 12 months. Wayne County agreed to reimburse the county up to $75,000 to offset the cost of the program. The Sheriff has agreed to use $47,407 from the Law Enforcement Enhancement Account (10100-4030101-222430) to cover the shortfall. Commissioners Minutes Continued. February 5, 2009 48 5. The contract is effective from October 1, 2008 through September 30, 2009. 6. The Fiscal Year 2010 Executive Recommended budget will be amended during the budget process. 7. A budget amendment for Fiscal Year 2009 is recommended as follows: GENERAL FUND #10100 FY 2009 Revenue 4030901-110100-631869 Reimb. Salaries $ 75,000 4030101-112580-670285 Enhancement Funds $ 47,407 Total General Fund Revenue $122,407 Expenditures 4030901-110100-712020 Overtime $122,407 Total General Fund Expenditures $122,407 FINANCE COMMITTEE (The vote for this motion appears on page 54.) *REPORT (MISC #09015) BY: Human Resources Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFFS’ 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: The Human Resources Committee having reviewed MR #09015 on January 28, 2009 reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing report. HUMAN RESOURCES COMMITTEE 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 Commissioners Minutes Continued. February 5, 2009 49 Copy of City of Rochester Hills 2009 Sheriff’s Deputies Contracted for and to be Assigned to Municipality on file in County Clerk’s office. OAKLAND COUNTY SHERIFF'S DEPARTMENT 2009 LAW ENFORCEMENT SERVICES AGREEMENT WITH CITY OF ROCHESTER HILLS Amendment 1 Pursuant to paragraph 24 of the 2009 Law Enforcement Services Agreement between the COUNTY and the CITY OF ROCHESTER HILLS, the parties hereby agree to amend said contract in accordance with the attached Schedules A. All other contractual provisions, of the 2009 Law Enforcement Services Agreement not otherwise affected by the attached Schedules A, remain in full force and effect. FOR AND IN CONSIDERATION of the mutual assurances, promises, acknowledgments, set forth in this Amendment 1 to the 2009 Law Enforcement Services Agreement, ("Amendment") and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the undersigned hereby execute this Amendment on behalf of the Parties, and by doing so legally obligate and bind the Parties to the terms and conditions of this Contract. IN WITNESS WHEREOF, Bryan K. Barnett, Mayor of the City of Rochester Hills, hereby acknowledges that he has been authorized by a resolution of the City Council, to execute this Amendment on behalf of the Municipality and hereby accepts and binds the Municipality to the terms and conditions of this Amendment. EXECUTED: _________________________ DATE: _______________ Bryan K. Barnett, Mayor WITNESSED: _________________________ DATE: _______________ City of Rochester Hills Clerk 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, to execute this Amendment on behalf of Oakland County, and hereby accepts and binds Oakland County to the terms and conditions of this Amendment. EXECUTED: __________________________ DATE: _______________ Bill Bullard, Jr., Chairperson Oakland County Board of Commissioners WITNESSED: __________________________ DATE: _______________ Ruth Johnson, Clerk County of Oakland FISCAL NOTE (MISC. #09015) BY: Finance Committee, Tom Middleton, 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: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The City of Rochester Hills has requested an amendment to the contract between the City and the Oakland County Sheriff for law enforcement services beginning February 7, 2009. 2. This amendment would upgrade one (1) Patrol Investigator to Detective Sergeant. 3. In addition, position #02200 is reclassified from a Deputy II to Sergeant in the Rochester Hills Unit, Patrol Services Division of the Sheriff’s Office. 4. Operating revenues and expenses will equal $8,003 for Fiscal Year 2009 and $12,004 for Fiscal Year 2010. 5. A budget amendment to the Fiscal Year 2009 and Fiscal Year 2010 budget is recommended as follows: GENERAL FUND #10100 FY 2009 FY 2010 Revenue 4030601-110000-632093 Sheriff Spec Deputies $ 8,003 $ 12,004 Total General Fund Revenue $ 8,003 $ 12,004 Commissioners Minutes Continued. February 5, 2009 50 Expenditures 4030601-116180-702010-40130 Salaries Regular $ 4,597 $ 6,896 4030601-116180-722790-40130 FB FICA $ 352 $ 528 4030601-116180-722770-40130 FB Retirement $ 745 $ 1,117 4030601-116180-722780-40130 FB Hosp $ 1,059 $ 1,588 4030601-116180-722760-40130 FB Group Life $ 21 $ 31 4030601-116180-722750-40130 FB Workers Comp $ 131 $ 196 4030601-116180-722810-40130 FB Disability $ 15 $ 23 4030601-116180-722800-40130 FB Dental $ 55 $ 83 4030601-116180-722820-40130 FB Unemp $ 5 $ 8 4030601-116180-722850-40130 FB Optical $ 9 $ 14 4030601-110000-776661 Motor Pool $ 463 $ 695 4030601-110000-777560 Radio Comm. $ 45 $ 67 4030601-110000-772618 Equipment Rental $ 14 $ 21 4030601-110000-732060 Uniform Cleaning $ 38 $ 57 4030901-110040-750070 Deputy Supplies $ 27 $ 41 4030101-112580-774677 Insurance Fund $ 71 $ 106 4030601-110000-773535 Info Tech CLEMIS $ 12 $ 18 4030510-116230-712020 Overtime - Dispatch $ 343 $ 515 $ 8,003 $ 12,004 FINANCE COMMITTEE (The vote for this motion appears on page 54.) *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: 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 Commissioners Minutes Continued. February 5, 2009 51 FISCAL NOTE (MISC. #09014) BY: Finance Committee, Tom Middleton, 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: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The 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. 2. 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. 3. The Michigan Pet Fund Alliance has made a donation of $26,400 to the Oakland Pet Adoption Center to offset costs, increase access and pay for spay and neuter support. 4. The donation of $26,400 will be placed into the Oakland Pet Adoption Centers “Legacy Fund” (21310-9010101-114110-650301), which is a protected fund used exclusively for special projects and enhancements at the Oakland Pet Adoption Center. 5. The Oakland Pet Adoption Center will use the funds for spay and neuter procedures, education, medications and support activities related to the spay and neuter program. 6. No budget amendment is recommended. FINANCE COMMITTEE (The vote for this motion appears on page 54.) *MISCELLANEOUS RESOLUTION #09020 BY: Public Services Committees, Jeff Potter, Chairperson IN RE: COMMUNITY CORRECTIONS - USER NOTICE AND WARNING, AND LICENSE AND USE INTERGOVERNMENTAL AGREEMENT FOR THE C*STAR DATABASE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Community Correction Division in conjunction with the Department of Information Technology have created a database called C*Star; and WHEREAS C*Star was created to track information on offenders who enter programs operated or paid for by the Community Corrections Division; and WHEREAS this information may include, but is not limited to, program enrollment, participation, client/offender progress, demographics, and criminal history; and WHEREAS some of this information is considered confidential and restricted by law; and WHEREAS this information may be useful to other criminal justice agencies, such as the Michigan Department of Corrections, Field Operations and District Court Probation in the creation of sentencing recommendations and/or in determining compliance with conditions of probation; and WHEREAS other criminal justice agencies would be able to access this database through the Oak Source portal; and WHEREAS the sharing of this information with other agencies requires a policy as to the access, use, and distribution of this information; and WHEREAS Community Corrections and Information Technology, with the assistance of Corporation Counsel, have developed a License and Use Intergovernmental Agreement; and WHEREAS the Ferndale 43rd, Oak Park 45-B and Farmington Hills 47th District Courts have requested access to the information contained in C*Star; and WHEREAS the sharing of information that is useful to criminal justice agencies increases the public safety and improves the effectiveness of criminal justice programs; and WHEREAS the citizens of Oakland County will benefit from this collaboration; and WHEREAS 1967 PA 7, being MCL 124.501 et. seq., authorizes the Board of Commissioners to enter into written agreements with other governmental entities to perform services jointly or to share resources. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the attached intergovernmental agreement authorizing the use of the C*Star software and data by the Ferndale 43rd, Oak Park 45-B and Farmington Hills 47th District Courts. Commissioners Minutes Continued. February 5, 2009 52 BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the Agreement on behalf of Oakland County and thereby accept and bind Oakland County to the terms and conditions of the Agreement. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE INTERGOVERNMENTAL AGREEMENT AND LICENSE FOR USE OF C*STAR SOFTWARE BETWEEN THE COUNTY OF OAKLAND AND 52-4 DISTRICT COURT TROY This Intergovernmental Agreement (Agreement) is made between the County of Oakland, a Constitutional and Municipal Corporation, 1200 N. Telegraph Road, Pontiac, Michigan, 48341 (the County) and the 52-4 District Court, with offices at 520 W. Big Beaver, Troy, MI 48084. In this Agreement, the County and the 52-4 District Court may be referred to individually as "Party" or jointly as "Parties." In consideration of the mutual promises, obligations, representations and assurances in this Contract, the Parties agree as follows: 1. Purpose of Agreement 1.1. Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501 et seq., the County and the 52-4 District Court enter into this Agreement for the purpose of making data owned and maintained by the County, on or in relation to its C Star Software System, available to the 52-4 District Court, for the purposes and uses set forth in this Agreement. 2. Definitions 2.1. "Oakland County" and "the 52-4 District Court" shall be defined to include any and all departments, divisions, commissioners, elected and appointed officials, directors, board members, council members, commissioners, authorities, officers, committees, employees, agents, subcontractors, volunteers and/or any such persons' successors. 2.2. "C Star Software (C Star)" means the comprehensive electronic information management system software and operating system, developed, owned and maintained by the County, and managed by the Department of Community Corrections, with the assistance of the Department of Information Technology. C Star was developed to create an electronic source of information about those accused of and/or convicted of a crime and under the jurisdiction of the Sixth Judicial Circuit Court of the State of Michigan or a Judicial District Court located in Oakland County. C Star makes data on criminal defendants immediately available to Community Corrections and any other authorized users, solely for the performance of their statutorily prescribed or otherwise authorized duties. 2.3. “C Star Data (Data)" means any input to or output from C Star. 2.4. “LEIN” means the Law Enforcement Information Network of the State of Michigan, under the control and management of the Michigan Department of State Police, whose existence, operation and use rights are statutorily controlled. 3. Terms 3.1. License and Use of C Star. The County is the owner of C-Star and host and steward of the Data maintained there. The County has authority to grant a license for use of C Star and to permit access to the Data contained therein, subject to the provisions set forth in this Agreement. The County retains all decision-making authority regarding data inclusion, data access, and use, except as otherwise required by statute, court rule, court order or case law. The 52-4 District Court specifically disclaims any ownership rights in or to C Star or its Data. 3.2. The County grants 52-4 District Court a read only license to use C Star software to access and use C Star Data, solely to carry out 52-4 District Court’s official functions and legal duties. This license prohibits 52-4 District Court from adding Data to C Star, modifying C-Star Data in any way or providing access to C-Star or its Data for any purpose other than for its official criminal justice duties. 3.3. Duration. This Agreement and any subsequent Amendments shall be effective for two years from the date of execution by the Oakland County Board of Commissioners. 3.4. This Agreement prohibits the copying, downloading, or any combination or recombination of Data with data from any other source. 3.5. The 52-4 District Court shall not sell, distribute or disseminate Data to other governmental or private entities. The 52-4 District Court shall refer any entities requesting access to C Star or its Data to the County. Commissioners Minutes Continued. February 5, 2009 53 3.6. The 52-4 District Court shall not copy, duplicate, or reverse engineer C Star. 3.7. Upon execution of this Agreement, the 52-4 District Court will provide Community Corrections with the name, job title, and an executed acceptable use policy statement for each person who will access C Star and its Data, in writing. The 52-4 District Court is responsible for updating this information annually for all employees who have continuing access to C Star. If the 52-4 District Court wishes to grant additional employees access, the 52-4 District Court shall promptly provide the required information about the person(s) to the County, in writing. 3.8. The 52-4 District Court ’s employees and agents, if found to be using C Star or its Data for inappropriate purposes, will be disciplined for any such violation according to the 52-4 District Court’s policy used if a similar violation occurred using any other systems, whether automated and manual. 3.9. The County retains the right to monitor use of C Star and its Data remotely through the Department of Information Technology and through site visits. 3.10. The 52-4 District Court specifically agrees that C Star and its Data shall be used only for criminal justice purposes and information will be accessed and used only to the extent and only for the purposes that the 52-4 District Court is authorized to access and use such Data pursuant to statute, court rule, court order, case law, or administrative rule, including, but not limited to, any applicable LEIN rules. 3.11. The 52-4 District Court shall enforce the terms and conditions in C Star’s Sign-On Notice and Warning and its own “Acceptable Use Policies.” 3.12. The 52-4 District Court shall require any and all of its consultants, contractors and/or subcontractors who require access to C Star and its Data to execute a written agreement by which the consultants, contractors and/or subcontractors agree: 3.12.1. To be bound by the terms and conditions of this Agreement; 3.12.2. To refrain from using C Star and its Data for any purpose except those authorized by the 52-4 District Court in relation to the performance of its official duties. 3.13. Fees. There are no fees for access to and use of C-Star pursuant to the terms and conditions of this Agreement. However, the 52-4 District Court assumes all responsibility, including any costs of or for providing and maintaining any infrastructure, connectivity, hardware or equipment necessary for the 52-4 District Court to access C Star and its Data. 3.14. Termination. Either Party may terminate this Agreement on seven (7) days written notice for any reason including failure by the 52-4 District Court to provide adequate security to protect C Star and its Data from unauthorized access or use by any unauthorized individual or Third Party or other failure to comply with the terms and conditions of this Agreement or any requirement established by statute, court rule, court order, administrative order, or case law. 3.14.1. Upon termination or expiration of this Agreement, the 52-4 District Court shall stop using C-Star for any reason. If any C-Star Data exists in or on any of the 52-4 District Court computers, storage devices, data bases, the 52-4 District Court shall delete all C-Star Data. 3.14.2. Upon termination or expiration of this Agreement, County will remove any usernames and passwords assigned to the 52-4 District Court. 3.14.3. Provisions regarding the use and/or retention of C Star and Data shall survive termination and/or expiration of this Agreement, and applies to copies of C Star and Data located at or identified as in the possession of the 52-4 District Court and/or its consultants, contractors or subcontractors after the date of termination and/or expiration. 3.15. No Employee-Employer Relationship. Nothing in this Agreement shall be construed as creating an employer-employee relationship between the County (including any of its employees) and the 52-4 District Court (including any of its employees.) 3.16. No Indemnification. 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 or stemming from the use of C Star permitted pursuant to this Agreement. Nothing in this Agreement shall be construed as a waiver of governmental immunity. 3.17. NO WARRANTIES. C STAR IS PROVIDED AS IS, WITHOUT WARRANTY OF ANY SORT. THE COUNTY DOES NOT REPRESENT THAT C STAR WILL BE ERROR FREE, OR OPERATE ACCORDING TO ANY STANDARDS OF SPECIFICATIONS OF THE 52-4 DISTRICT Commissioners Minutes Continued. February 5, 2009 54 COURT. C STAR WAS CREATED FOR THE BENEFIT OF THE COUNTY AND MAINTENANCE, UPDATES, UPGRADES OR ENHANCEMENTS SHALL BE SOLELY AT THE COUNTY’S DISCRETION AND UNDERTAKEN SOLELY FOR THE BENEFIT OF THE COUNTY. THE 52-4 DISTRICT COURT ACKNOWLEDGES THAT ANY CHANGES TO THE SYSTEM TO C STAR THAT MAY BENEFIT THE COUNTY MAY DIMINISH C STAR’S UTILITY TO THE 52-4 DISTRICT COURT. 3.18. THE 52-4 DISTRICT COURT SHALL ASSUME ALL RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH ANY UPGRADES TO ITS OWN INFRASTRUCTURE, HARDWARE, CONNECTIVITY OR OTHER OPERATING SOFTWARE THAT MAY BE NEEDED IN THE FUTURE IN ORDER TO CONTINUE USING C-STAR. 3.19. NO WARRANTY OF DATA ACCURACY. WHILE THE COUNTY MAKES EVERY EFFORT TO INCLUDE ONLY ACCURATE AND CURRENT DATA IN C STAR, THE COUNTY SPECIFICALLY DISCLAIMS ANY INTENTION OR ABILITY TO ENSURE THAT THE DATA IS ERROR FREE. THE COUNTY SPECIFICALLY DISCLAIMS THAT C STAR DATA CAN PROVIDE THE SAME AMOUNT OF INFORMATION OR SERVE THE SAME FUNCTIONS AS LEIN DATA. 3.20. The 52-4 District Court acknowledges and agrees that C Star and its Data are provided AS Is, without any warranty of any type whatsoever, including any warranty of merchantability or for use for a particular purpose. 3.21. No Third Party Beneficiaries. Except as provided for the benefit of the Parties, this Agreement does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to indemnification, right to subrogation and/or any other right in favor of any other person or entity. 3.22. Reservation of Rights. This Agreement does not, and is not intended to impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty or immunity of the Parties. 3.23. Agreement Modifications or Amendments. Any modifications, amendments, recessions, waivers, or releases to this Agreement must be in writing and agreed to by both Parties. 3.24. Entire Agreement. This Agreement represents the entire Agreement between the Parties and supersedes all other Agreements between the Parties governing the matters described here. 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. 3.25. 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 here. For The County of Oakland: By:_______________________________ Date:________________ Print Name and Title:___________________________________________ For ___________________________: By:_______________________________ Date:________________ Print Name and Title:___________________________________________ Vote on Consent Agenda: AYES: Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Bullard. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). Commissioner Middleton stated there were no items to report on the Regular Agenda from the Finance Committee. Commissioners Minutes Continued. February 5, 2009 55 Moved by Bullard supported by Scott to move General Government Committee item f. (Board of Commissioners – Appointment to the Road Commission for Oakland County) ahead of General Government Committee item a. on the Agenda. A sufficient majority having voted in favor, General Government Committee item f. was moved ahead of General Government Committee item a. on the Agenda. REPORT BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – APPOINTMENT TO THE ROAD COMMISSION FOR OAKLAND COUNTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered this appointment on January 8, 2009, hereby recommends that Greg Jamian be appointed for a six-year term beginning January 1, 2009 and ending December 31, 2014. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Copy of Oakland County Board of Commissioners Application Form for Appointment to Boards, Committees and Commissions on file in County Clerk’s office. Moved by Long supported by Gingell the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Long supported by Gingell to nominate Greg Jamian to the Road Commission for Oakland County for a six-year term beginning January 1, 2009 and ending December 31, 2014. Moved by Douglas supported by Scott to nominate Larry Crake to the Road Commission for Oakland County for a six-year term beginning January 1, 2009 and ending December 31, 2014. Chairperson Bill Bullard, Jr. stated that each Commissioner will vote for either Larry Crake or Greg Jamian. As a point of order, Commissioner Tim Burns asked for the ability to vote for neither candidate. Chairperson Bill Bullard, Jr. stated that would be acceptable. As a point of order, Commissioner David Coulter wanted clarification that each Commissioner has the option to vote for Crake, Jamian or neither. Chairperson Bill Bullard, Jr. stated that each Commissioner may vote Crake, Jamian, or No (indicating a vote for neither candidate). Discussion followed. The vote reads as follows, listing the Commissioner and their vote in parenthesis: Capello (Jamian), Coleman (Jamian), Coulter (No), Douglas (Crake), Gershenson (Jamian), Gingell (Jamian), Gosselin (Jamian), Greimel (No), Hatchett (Jamian), Jackson (No), Jacobsen (Jamian), Long (Jamian), McGillivray (Jamian), Middleton (Jamian), Nash (No), Potter (Jamian), Potts (Jamian), Runestad (Crake), Schwartz (No), Scott (Crake), Taub (Jamian), Woodward (No), Bullard (Jamian), Burns (No). Commissioners Minutes Continued. February 5, 2009 56 SUMMARY OF VOTES Crake: (3) Jamian: (14) No: (7) A sufficient majority having voted in favor, the appointment of Greg Jamian to the Road Commission for Oakland County for a six-year term ending December 31, 2014 was confirmed. REPORT (MISC. #09004) BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR FEDERAL FUNDING FOR INTERSTATE 75 – WIDENING AND IMPROVEMENTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered the above titled resolution on January 26, 2009 recommends that the resolution be amended as follows: NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby urges, that if the U.S. Congress and the Administration to approve an economic recovery package which it will includes a robust infrastructure investment component. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners urges the Governor and the Michigan Legislature to include the Interstate 75 - widening and M-59 interchange redesign project in the infrastructure improvement request that will be submitted to President-elect Obama. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #09004 BY: Commissioner Shelley G. Taub, District #16 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR FEDERAL FUNDING FOR INTERSTATE 75 - WIDENING AND IMPROVEMENTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the U.S. Congress is currently considering a federal economic stimulus package for public works infrastructure projects, such as roads, bridges, and transit systems; and WHEREAS it is anticipated that priority will be given to funding projects that are “shovel-ready” and within ninety (90) days of receiving such funding can be ready to proceed; and WHEREAS Oakland County, which is considered to be the economic engine for the State of Michigan, should be given a priority in the consideration of funding for these infrastructure projects, because of the much needed and positive impact of such a program in creating jobs, stimulating economic recovery and laying the foundation for long-term economic growth in our region; and WHEREAS Interstate 75, which is the main North/South corridor through Oakland County and Michigan, is important to the continued growth and safety of Oakland County residents and the residents of southeast Michigan; and WHEREAS Interstate 75, built in the 1960’s, is the busiest and most congested highway in the state, carrying an estimated quarter of a million people each day. Delay in improvements to this road is detrimental to the economy of the region as well as the safety of its residents; and WHEREAS although the environmental study has been completed, the widening and improvements to Interstate 75 between 8 Mile Road and M-59 have been stalled for years due to lack of funding; and WHEREAS the redesign of the interchange at M-59 and Interstate 75 should be included in any project plan due to the increased volume of traffic since its original design. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby urges the U.S. Congress and the Administration to approve an economic recovery package which includes a robust infrastructure investment component. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners urges the Governor and the Michigan Legislature to include the Interstate 75 - widening and M-59 interchange redesign project in the infrastructure improvement request that will be submitted to President-elect Obama. Commissioners Minutes Continued. February 5, 2009 57 BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to Governor Jennifer M. Granholm; the chairpersons of the Michigan House and Senate Transportation Appropriation Committees; and Oakland County’s delegation to the Michigan legislature, U.S. Senate and U.S. Congress. Chairperson, we move the adoption of the foregoing resolution. SHELLEY TAUB, DAVID POTTS, ROBERT GOSSELIN Moved by Long supported by Taub the resolution be adopted. Moved by Long supported by Taub the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Long supported by Taub the resolution be amended to coincide with the recommendation in the General Government Committee Report. A sufficient majority having voted in favor, the amendment carried. Discussion followed. Vote on resolution, as amended: AYES: Douglas, Gingell, Gosselin, Greimel, Jacobsen, Long, Middleton, Potter, Potts, Runestad, Scott, Taub, Bullard. (13) NAYS: Coleman, Coulter, Gershenson, Hatchett, Jackson, McGillivray, Nash, Schwartz, Woodward, Burns. (10) A sufficient majority having voted in favor, the resolution, as amended, was adopted. REPORT (MISC. #09005) BY: General Government Committee, Christine Long, Chairperson IN RE: MISCELLANEOUS RESOLUTION #09005 – BOARD OF COMMISSIONERS – SUPPORT FOR LOCAL CONTROL OF ROAD CONSTRUCTION PRIORITIES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered the above titled resolution on January 26, 2009 recommends that the resolution be amended as follows. MR #09005 – BOARD OF COMMISSIONERS – SUPPORT FOR LOCAL CONTROL INPUT OF ROAD CONSTRUCTION PRIORITIES ON THE ORCHARD LAKE ROAD AND NORTHWESTERN CORRIDOR NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby requests that the Road Commission for Oakland County make every effort to identify and address the needs of elected leaders, businesses and residents of the Charter Township of West Bloomfield, the Charter Township of Bloomfield and the Cities of Farmington Hills, Farmington, Keego Harbor, Sylvan Lake and Orchard Lake Village in establishing road construction priorities and configurations. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #09005 BY: Commissioners Shelley Goodman Taub, Marcia Gershenson, John A. Scott IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR LOCAL CONTROL OF ROAD CONSTRUCTION PRIORITIES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Commissioners Minutes Continued. February 5, 2009 58 WHEREAS transportation and access to corridors of commerce are critical to the viability of southeastern Michigan in general and especially to Oakland County - the "economic engine" of the Michigan economy; and WHEREAS the Road Commission for Oakland County (RCOC) is Michigan’s largest county road commission, with a 2,700-mile road system (including 800 miles of gravel roads). Only the state highway system is larger; and WHEREAS the 2009 budget for the RCOC was approved at $98.2 million, which includes a $21.5 million Road Improvement Program and nearly $14 million worth of road improvements to be built in 2009; and WHEREAS the RCOC is working hard to address the road improvement needs of the communities throughout Oakland County, but faces many challenges due to declining revenues; and WHEREAS the 2009 RCOC budget represents a decrease of $5.8 million. This is primarily as a result in a decrease in state revenue; and WHEREAS the citizens, businesses and leaders of the Charter Township of West Bloomfield spent a considerable amount of time to give input into the Northwest Connector Project, which includes the Orchard Lake Road corridor expansion; and WHEREAS the original proposal for the expansion for Orchard Lake Road called for a six-lane road, with a boulevard and two roundabouts; and WHEREAS the RCOC has indicated that sufficient funds are not presently available to reconstruct Orchard Lake Road with the roundabouts and boulevards, as originally proposed. The local community has expressed an interest in pursuing less expensive alternatives to address their road expansion and improvement needs. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby requests that the Road Commission for Oakland County make every effort to identify and address the needs of elected leaders, businesses and residents of the Charter Township of West Bloomfield in establishing road construction priorities and configurations. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners thanks the Road Commission for Oakland County for their diligent efforts to seek additional funding, standardize road work and efficiently provide safe and convenient roads. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to the Charter Township of West Bloomfield and the Road Commission for Oakland County. Chairperson, we move the adoption of the foregoing resolution. SHELLEY TAUB, MARCIA GERSHENSON, JOHN SCOTT Moved by Long supported by Taub the resolution be adopted. Moved by Long supported by Taub the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Long supported by Taub the resolution be amended to coincide with the recommendation in the General Government Committee Report. A sufficient majority having voted in favor, the amendment carried. Discussion followed. Vote on resolution, as amended: AYES: Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jacobsen, Long, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Bullard, Coleman. (17) NAYS: Coulter, Douglas, Jackson, McGillivray, Woodward, Burns. (6) A sufficient majority having voted in favor, the resolution, as amended, was adopted. Moved by Scott supported by Potts to reconsider the resolution. Commissioners Minutes Continued. February 5, 2009 59 A sufficient majority having voted in favor, the resolution was before the Board for reconsideration. Vote on resolution, as amended (reconsidered): AYES: Greimel, Hatchett, Jacobsen, Long, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Bullard, Burns, Coleman, Douglas, Gershenson, Gingell, Gosselin. (20) NAYS: Jackson, McGillivray, Coulter. (3) A sufficient majority having voted in favor, the resolution, as amended, was adopted. REPORT (MISC. #09006) BY: General Government Committee, Christine Long, Chairperson IN RE: MISCELLANEOUS RESOLUTION #09006 – BOARD OF COMMISSIONERS – SUPPORT FOR FEDERAL FUNDING FOR ORCHARD LAKE ROAD PROJECT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered the above titled resolution on January 26, 2009 recommends that the resolution be amended as follows: NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby urges, that if the U.S. Congress and the Administration to approve an economic recovery package which it will includes a robust infrastructure investment component. 2nd BE IT FURTHER RESOLVED: BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners urges the Governor and the Michigan Legislature to include the Orchard Lake Road Project in the infrastructure improvement request that will be submitted to President-elect Obama. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #09006 BY: Commissioner Shelley G. Taub, District #16 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR FEDERAL FUNDING FOR ORCHARD LAKE ROAD PROJECT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the U.S. Congress is currently considering a federal economic stimulus package for public works infrastructure projects, such as roads, bridges, and transit systems; and WHEREAS it is anticipated that priority will be given to funding projects that are “shovel-ready” and within ninety (90) days of receiving such funding can be ready to proceed; and WHEREAS Oakland County, which is considered to be the economic engine for the State of Michigan, should be given a priority in the consideration of funding for these infrastructure projects, because of the much needed and positive impact of such a program in creating jobs, stimulating economic recovery and laying the foundation for long-term economic growth in our region; and WHEREAS agencies, including the Michigan Department of Transportation, are losing funding as the economy declines and the revenues generated from gas taxes and other road-funding sources drops an average of four (4%) annually; and WHEREAS the Road Commission for Oakland County (RCOC) is working hard to address the road improvement needs of the communities throughout Oakland County, but faces many challenges due to declining revenues; and WHEREAS the deepening economic crisis is forcing road projects in Oakland County to be sharply reduced or postponed indefinitely; and WHEREAS the citizens, businesses and leaders of the Charter Township of West Bloomfield spent a considerable amount of time to give input into the Northwest Connector Project, which includes the Orchard Lake Road corridor expansion; and WHEREAS Orchard Lake Road is a major business corridor, and the expansion project has already undergone an Environmental Study and is ready to proceed, except for the lack of necessary funding. Commissioners Minutes Continued. February 5, 2009 60 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby urges the U.S. Congress and the Administration to approve an economic recovery package, which includes a robust infrastructure investment component. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners requests that the Orchard Lake Road Improvement Project be granted the additional $20 million in funding to proceed. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners urges the Governor and the Michigan Legislature to include the Orchard Lake Road Project in the infrastructure improvement request that will be submitted to President-elect Obama. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to Governor Jennifer M. Granholm; the chairpersons of the Michigan House and Senate Transportation Appropriation Committees; and Oakland County’s delegation to the Michigan legislature, U.S. Senate and U.S. Congress. Chairperson, we move the adoption of the foregoing resolution. SHELLEY TAUB, MARCIA GERSHENSON Moved by Taub supported by Gershenson the resolution be adopted. Moved by Taub supported by Gershenson the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Taub supported by Gershenson the resolution be amended to coincide with the recommendation in the General Government Committee Report. A sufficient majority having voted in favor, the amendment carried. Discussion followed. Vote on resolution, as amended: AYES: Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jacobsen, Long, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Bullard, Coleman. (19) NAYS: Jackson, McGillivray, Burns, Coulter. (4) A sufficient majority having voted in favor, the resolution, as amended, was adopted. REPORT BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – APPOINTMENTS TO THE JOB EVALUATION REVIEW PANEL To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered these appointments on January 26, 2009, hereby recommends that the following commissioners be appointed to the Job Evaluation Review Panel for a one year term of January 1, 2009 – December 31, 2009: Commissioner John A. Scott Commissioner Eric Coleman Commissioner Mattie McKinney Hatchett, alternate Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Moved by Long supported by Gingell the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Chairperson Bill Bullard, Jr. asked if there were any other nominations. There were none. Commissioners Minutes Continued. February 5, 2009 61 Moved by Long supported by Gingell the appointment of Commissioners Scott, Coleman and Hatchett (alternate) to the Job Evaluation Review Panel for a one year term of January 1, 2009 - December 31, 2009 be confirmed. Vote on appointment: AYES: Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Bullard, Burns, Coleman, Coulter, Douglas, Gershenson. (23) NAYS: None. (0) A sufficient majority having voted in favor, the appointments were confirmed. REPORT BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – APPOINTMENT TO THE BUILDING AUTHORITY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered this appointment on January 26, 2009, hereby recommends that Joel Garrett be appointed to the Building Authority for a three-year term of January 1, 2009 – December 31, 2011. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Copy of Oakland County Board of Commissioners Application Form for Appointment to Boards, Committees and Commissions on file in County Clerk’s office. Moved by Long supported by Gingell the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Chairperson Bill Bullard, Jr. asked if there were any other nominations. There were none. Moved by Long supported by Gingell the appointment of Joel Garrett to the Building Authority for a three- year term of January 1, 2009 – December 31, 2011 be confirmed. Vote on appointment: AYES: Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Bullard, Burns, Coleman, Coulter, Douglas, Gershenson, Gingell. (23) NAYS: None. (0) A sufficient majority having voted in favor, the appointment was confirmed. MISCELLANEOUS RESOLUTION #09021 BY: Human Resources Committee, Sue Ann Douglas, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT – FISCAL YEAR 2008 – 2009 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY THE COMMAND OFFICERS ASSOCIATION OF MICHIGAN (COAM) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland and the Command Officers Association of Michigan, have been negotiating a contract covering approximately 104 Command Officers; and WHEREAS a two year agreement has been reached for the period October 1, 2007, through September 30, 2009, and said agreement has been reduced to writing; and Commissioners Minutes Continued. February 5, 2009 62 WHEREAS this agreement provides a 1% rate increase for Fiscal Year 2008, effective with the pay period beginning September 29, 2007, and a 1% rate increase for Fiscal Year 2009, effective with the pay period beginning September 27, 2008; and WHEREAS should the differential between the top of the Deputy II and Sergeant decrease below 14% for FY 08 or 15% for FY 09, as the result of the Oakland County Deputy Sheriffs’ Association’s 312 Arbitration Award, the members of this bargaining unit will receive an additional increase to maintain the aforementioned differential; and WHEREAS should the Oakland County Deputy Sheriffs’ Association’s 312 Arbitration Award provide that the Deputies health care contributions are greater than the contributions of the employees covered by this bargaining unit, the increased contribution rate shall be applied to this group on the effective date of the 312 Arbitration Award; and WHEREAS upon execution of this agreement, the contribution for employees in the Defined Contribution plan hired on or after May 27, 1995, will be 10% by the County and 5% by the employee; and WHEREAS new employees hired after ratification of this agreement will be part of the Health Savings Account Retirement Program; 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 Command Officers Association of Michigan covering the period of October 1, 2007, through September 30, 2009, and that the Board Chairperson on behalf of the County of Oakland, is authorized to execute said agreement as attached. Chairperson, on behalf of the Human Resources Committee, I move the adoption of the foregoing resolution. HUMAN RESOURCES COMMITTEE Copy of Collective Bargaining Agreement between Oakland County and the Command Officer’s Association on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #09022 BY: Human Resources Committee, Sue Ann Douglas, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT – FISCAL YEAR 2008 - 2010 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY THE GOVERNMENT EMPLOYEES LABOR COUNCIL To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland and the Government Employees’ Labor Council, have been negotiating a contract covering approximately 123 Children’s Village employees; 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 a 1% rate increase for Fiscal Year 2008; a 1% increase for Fiscal Year 2009, effective with the execution of this agreement; and the same increase as the general, non- represented employees for Fiscal Year 2010, to be provided to this bargaining unit in the same time and in the same manner as the general non represented employees; and WHEREAS this agreement provides that the employees covered by the bargaining unit’s health care contributions will be consistent with those set forth in Miscellaneous Resolution #07216. Such contributions shall commence upon execution of this agreement. Any benefit modifications implemented for non-represented employees during 2010 will be applied to this group at the same time and in the same manner; and WHEREAS Presidents’ Day and Veterans’ Day shall no longer be considered holidays for Youth Specialists, First Cooks, Second Cooks, and General Staff Nurses covered by this bargaining unit; they shall instead receive three (3) Bargaining Unit #22 days annually to be used or paid off annually; 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 Government Employees Labor Council covering the Commissioners Minutes Continued. February 5, 2009 63 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 the County of Oakland and the Government Employees Labor Council on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. Commissioner Scott stated there were no items to report on the Regular Agenda from the Planning and Building Committee. MISCELLANEOUS RESOLUTION #09023 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE - CONTRACT AMENDMENT #1 FOR LAW ENFORCEMENT SERVICES IN THE CHARTER TOWNSHIP OF LYON - 2009 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Charter Township of Lyon 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 Lyon Township Board; and WHEREAS the Charter Township of Lyon has approved a proposed amendment to the contract (Schedule A Deputies Contracted) which would add two (2) Deputy II (no-fill) bringing the total number of Deputy II (no-fill) to twelve (12) and the total number of contracts to fifteen (15); and WHEREAS the Sheriff has agreed to add two (2) Deputy II (no-fill) for the Charter Township of Lyon 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 Charter Township of Lyon to add two Deputy II (no-fill). BE IT FURTHER RESOLVED that two (2) Deputy II positions be created in the contracted patrol unit Lyon Township, Patrol Services Division, Sheriff’s Department. BE IT FURTHER RESOLVED that this amendment will take effect on March 7, 2009. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Charter Township of Lyon 2009 Sheriff’s Deputies Contracted for and to be Assigned to Municipality on file in County Clerk’s office. The Chairperson referred the resolution to the Human Resources Committee and the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #09024 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF’S OFFICE - CONTRACT EXTENSION FOR PRIVATE FOOD SERVICE VENDOR THROUGH 2012 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Sheriff requested that the County Purchasing Division send out a Request for Proposal (RFP) to have a private company operate the food service operation within the Sheriff’s Department; and WHEREAS proposals were received and evaluated, and the lowest bidder was approved as an acceptable vendor; and Commissioners Minutes Continued. February 5, 2009 64 WHEREAS Corporation Counsel in conjunction with Purchasing and the Sheriff’s Department, and per the direction of Miscellaneous Resolution #00163, contracted with ARAMARK Correctional Services, Inc.; and WHEREAS the contract was for three (3) years with a start date of August 19, 2000; and WHEREAS Miscellaneous Resolution #02025 extended this contract through August of 2006; and WHEREAS Miscellaneous Resolution #05304 extended this contract through August of 2009; and WHEREAS the budget task for 2010 and beyond for the Sheriff is a formidable one; and WHEREAS ARAMARK has offered to save the Sheriff’s Office an estimated $270,000 per year if the County agrees to extend the contract for three (3) years; and WHEREAS ARAMARK has agreed to maintain the current price per meal effective on August 19, 2008 and to hold that price till August 19, 2009 and to cap the increase for second year at CPI or 3%, and CPI or 5% for the third year; and WHEREAS ARAMARK will assume the operations of the Commissary for the Sheriff, which has been an in house operation for over 30 years; and WHEREAS ARAMARK will continue to fund two (2) Library Technicians and one (1) Account Clerk II position as the Commissary did; and WHEREAS ARAMARK will continue to fund an estimated $65,000 annually for indigent inmates and reimbursement to the county for inmate welfare items; and WHEREAS ARAMARK will make payments of $15,000 a month to the County as long as the eligible inmate population stays above 1,600 and should commissary revenues exceed $1,665,500 by 10% annually, ARAMARK would negotiate a higher percentage of revenue to the County. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached proposal with ARAMARK Correctional Services, Inc., to extend the current professional services contract for three (3) years. BE IT FURTHER RESOLVED that the funding of the positions listed below be changed from Proprietary to General Fund/General Purpose effective March 14, 2009: Position Classification 4030205-05610 Library Technician I 4030205-06702 Jail Library Technician 4030201-06595 Account Clerk II BE IT FURTHER RESOLVED that the positions in the Jail Commissary Unit (4030205) be deleted effective March 14, 2009 as follows: Position Classification 00825 Materials Management Clerk 05609 Materials Management Clerk 06600 Materials Management Clerk 07401 Commissary Supervisor 06599 Materials Management Clerk 05977 Office Assistant I 05339 Student 05340 Student BE IT FURTHER RESOLVED that funding and continuation of positions to be contingent upon contract renewal and available funding. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of correspondence regarding Inmate Commissary Program for the Sheriff’s Office/County Jail on file in County Clerk’s office. The Chairperson referred the resolution to the Human Resources Committee and the Finance Committee. There were no objections. Commissioners Minutes Continued. February 5, 2009 65 MISCELLANEOUS RESOLUTION #09025 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE – TO AMEND MR #08250 LAW ENFORCEMENT SERVICES CONTRACT OVERTIME RATE - JANUARY 1, 2009 THROUGH DECEMBER 31, 2009 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution #08250 adopted on November 20, 2008 established the Law Enforcement Services Contract Overtime Rates for 2009; and WHEREAS the resolution inadvertently identified the Deputy II overtime rate as $52.80 when it should have been $62.80; and WHEREAS Miscellaneous Resolution #08250 adopted on November 20, 2008 established the Law Enforcement Services Contract rates and contracts, including Schedule C which correctly identifies the overtime rate for a Deputy II at $62.80; and WHEREAS by making this correction this will make both resolutions consistent with the contracts. NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners establishes the Deputy II overtime rate at $62.80 per hour for each Deputy II for the period January 1, 2009 to December 31, 2009, for the purpose of providing contracted traffic and security services. 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 #09026 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE – USE OF DONATED VEHICLE FOR AUTOMOBILE THEFT PREVENTION TEAM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS by Miscellaneous Resolution #08226 the Board of Commissioners authorized the FY 2009 Automobile Theft Prevention Authority Grant Acceptance; and WHEREAS the Sheriff is in charge of the team which includes Waterford, Hazel Park, Farmington Hills, West Bloomfield Township Police Departments and the Wayne County Sheriff’s Office; and WHEREAS the GEICO Insurance Company has donated a vehicle to the Automobile Theft Prevention Team for use in various undercover operations; and WHEREAS vehicle is a 1999 Jeep Cherokee; and WHEREAS the Automobile Theft Prevention Team has a need for such a vehicle; and WHEREAS the Sheriff has agreed to use forfeiture money to cover any minimum expenses for said vehicle; and WHEREAS the vehicle would not be replaced except by another donated vehicle and would be assigned to the Sheriff’s Office Automobile Theft Prevention Team for a bait vehicle, not to be driven on a daily basis; and WHEREAS this equipment will be used by the Sheriff's Office to enhance law enforcement efforts in compliance with state law; and WHEREAS the estimated expenses are $2,500. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the use of $2,500 from the Sheriff’s Office Law Enforcement Enhancement Account (#10100-4030101- 222430) to fund the expenses for this donated vehicle. BE IT FURTHER RESOLVED that one (1) donated vehicle be added to the Sheriff’s Office Departmental vehicle fleet. 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. Commissioners Minutes Continued. February 5, 2009 66 MISCELLANEOUS RESOLUTION #09027 BY: Commissioner Tim Burns, District #19 IN RE: BOARD OF COMMISSIONERS – RECOGNIZING NATIONAL CONSUMER PROTECTION WEEK IN OAKLAND COUNTY 2009 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the 11th annual National Consumer Protection Week (NCPW), a week to highlight consumer protection and education efforts across the country, will take place from March 1 to March 7, 2009, with the theme, “Nuts and Bolts: Tools for Today’s Economy - focuses on giving consumers the tools they need to make smart financial decisions in today’s marketplace. Information can help people get the most for their money, whether they are trying to stretch their paychecks, find a quick fix for a spotty credit history, or tell the difference between a real deal and a potentially fraudulent product or service.”; and WHEREAS the National Consumer Protection Week (NCPW), is recognized annually by federal, state, and local government agencies and national advocacy organizations committed to consumer protection to raise awareness of the importance of financial education and financial literacy; and WHEREAS each year, nearly 25 million adults are victims of consumer fraud. These crimes damage lives and shake consumer confidence; and WHEREAS National Consumer Protection Week (NCPW) highlights the importance of consumer education in the ongoing fight against fraud and encourages consumers around the country to make wise decisions and to become educated about where to go for information about their rights, and how and where to complain; and WHEREAS National Consumer Protection Week partner organizations provide practical – and tactical – tips so consumers can learn and tell others how to make well-informed purchase decisions, avoid scams, protect their personal information, and file a complaint if they’re not satisfied. Consumers can read up and boost their marketplace IQ at www.consumer.gov/ncpw. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby proclaim March 1 – 7, 2009, as National Consumer Protection (NCPW) Week in Oakland County. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby joins with a group of federal, state, and local government agencies and national consumer advocacy organizations to recognize the 11th Annual National Consumer Protection Week (NCPW), March 1 – 7, 2009. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners acknowledges that consumers are our most effective partners in this effort and hereby encourages everyone to read up and reach out, learn how to deter fraud and deception in the marketplace – and to tell others in your family, community or workplace. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to the Federal Trade Commissioner, the Area Agency on Aging – Area 1B, the Better Business Bureau, Michigan Attorney General Mike Cox, Oakland County Sheriff Michael Bouchard and Oakland County Prosecutor Jessica Cooper. Chairperson, we move the adoption of the foregoing resolution. TIM BURNS, SUE ANN DOUGLAS, ERIC COLEMAN, CHRISTINE LONG, DAVID WOODWARD, ROBERT GOSSELIN, MATTIE HATCHETT, JEFF POTTER, JANET JACKSON, JOHN SCOTT, TIM GREIMEL, DAVID POTTS, DAVID COULTER, SHELLEY TAUB, JIM NASH, KIM CAPELLO, MARCIA GERSHENSON, GARY McGILLIVRAY Moved by Burns supported by Coulter to suspend the rules and vote on MISCELLANEOUS RESOLUTION #09027 – BOARD OF COMMISSIONERS – RECOGNIZING NATIONAL CONSUMER PROTECTION WEEK IN OAKLAND COUNTY 2009. Commissioners Minutes Continued. February 5, 2009 67 Vote on motion to suspend the rules: AYES: Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Bullard, Burns, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel. (23) NAYS: None. (0) A sufficient majority having voted in favor, the motion to suspend the rules and vote on MISCELLANEOUS RESOLUTION #09027 – BOARD OF COMMISSIONERS – RECOGNIZING NATIONAL CONSUMER PROTECTION WEEK IN OAKLAND COUNTY 2009 carried. Moved by Burns supported by Coulter the resolution be adopted. AYES: Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Bullard, Burns, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. MISCELLANEOUS RESOLUTION #09028 BY: Commissioners Tim Burns, Bill Bullard, Kim Capello, Eric Coleman, David Coulter, Sue Ann Douglas, Marcia Gershenson, Michael Gingell, Robert Gosselin, Tim Greimel, Mattie Hatchett, Janet Jackson, Bradford Jacobson, Christine Long, Gary McGillivray, Tom Middleton, Jim Nash, Jeff Potter, David Potts, Jim Runestad, Steven Schwartz, John Scott, Shelley Taub, David Woodward IN RE: BOARD OF COMMISSIONERS – OAKLAND COUNTY RECOGNIZES JUNE 14 – 20, 2009 AS NATIONAL FLAG WEEK AND JUNE 14, 2009 AS FLAG DAY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS President Woodrow Wilson declared June 14th as “Flag Day” to cover all succeeding years in Presidential Proclamation 1335 of May 30, 1916; and WHEREAS since 1966 the President of the United States has customarily issued a proclamation recognizing June 14th as “Flag Day” and the week that includes June 14th as “National Flag Week”; and WHEREAS on June 14, 1777, John Adams introduced the following resolution before the Continental Congress as it met in Philadelphia, Pennsylvania: “Resolved, That the flag of the thirteen United States shall be thirteen stripes, alternate red and white; that the union be thirteen stars, white on a blue field, representing a new constellation.”; and WHEREAS June 14th commemorates a significant patriotic moment for the history of the Country that is recognized through National Flag Week and Flag Day ceremonies and events; and WHEREAS Presidential proclamations recognizing National Flag Week customarily encourage public ceremonies and events throughout the week to honor the flag and recite the Pledge of Allegiance. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners recognizes June 14 – 20, 2009 as National Flag Week and June 14, 2009 as Flag Day in Oakland County. Chairperson, we move the adoption of the foregoing resolution. TIM BURNS, SUE ANN DOUGLAS, JIM NASH, CHRISTINE LONG, ERIC COLEMAN, ROBERT GOSSELIN, MARCIA GERSHENSON, JEFF POTTER, DAVID WOODWARD, JOHN SCOTT, DAVID COULTER, DAVID POTTS, BRADFORD JACOBSEN, JANET JACKSON, GARY McGILLIVRAY Moved by Burns supported by Nash to suspend the rules and vote on MISCELLANEOUS RESOLUTION #09028 – BOARD OF COMMISSIONERS – OAKLAND COUNTY RECOGNIZES JUNE 14-20, 2009 AS NATIONAL FLAG WEEK AND JUNE 14, 2009 AS FLAG DAY. Discussion followed. Commissioners Minutes Continued. February 5, 2009 68 Vote on motion to suspend the rules: AYES: Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Bullard, Burns, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel. (22) NAYS: Hatchett. (1) A sufficient majority having voted in favor, the motion to suspend the rules and vote on MISCELLANEOUS RESOLUTION #09028 – BOARD OF COMMISSIONERS – OAKLAND COUNTY RECOGNIZES JUNE 14-20, 2009 AS NATIONAL FLAG WEEK AND JUNE 14, 2009 AS FLAG DAY carried. Moved by Burns supported by Nash the resolution be adopted. AYES: Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Bullard, Burns, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. MISCELLANEOUS RESOLUTION #09029 BY: Tim Greimel, District #11 IN RE: BOARD OF COMMISSIONERS – HOLDING COMMISSION MEETINGS IN THE EVENING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners believes that open and accessible meetings are essential to transparent and accountable government; and WHEREAS the Board of Commissioners recognizes that most people work during the daytime; and WHEREAS the Board of Commissioners recognizes that most members of the public are better able to attend Board of Commissioners meetings when the meetings are not held during traditional working hours; and WHEREAS the Board of Commissioners wishes to encourage, rather than discourage, public attendance at its meetings. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby agrees to hold its future meetings in the evening. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby reschedules all of its 2009 meetings that were previously scheduled for 9:30 am on Thursday mornings to 6:30 pm on the Wednesday evenings immediately preceding such previously scheduled meeting days. Chairperson, we move the adoption of the foregoing resolution. TIM GREIMEL, DAVID WOODWARD, JANET JACKSON, MATTIE HATCHETT, GARY McGILLIVRAY, ERIC COLEMAN, MARCIA GERSHENSON, TIM BURNS, JIM NASH, STEVEN SCHWARTZ, DAVID COULTER The Chairperson referred the resolution to the General Government Committee. There were no objections. Commissioner Douglas asked Chairperson Bill Bullard, Jr. if the Parks and Recreation Commission resignation letters would be forwarded to the Commissioners. He stated they would be. Commissioners Minutes Continued. February 5, 2009 69 MISCELLANEOUS RESOLUTION #09030 BY: Commissioners Shelley G. Taub, District #16 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR STATE AND FEDERAL TAX CREDITS FOR THOSE BUYING NEW CARS FROM AMERICAN COMPANIES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the United States Congress is currently debating an economic stimulus package to re- invigorate the country’s economy; and WHEREAS the stimulus package under consideration includes tax breaks as well as spending initiatives; and WHEREAS Michigan has the highest unemployment rate in the nation largely due to the downturn in the domestic automobile industry; and WHEREAS it is reported that January 2009 sales declined 54.8% for Chrysler, 48.9% for General Motors and 40.3% for Ford. This drop continues a sales decline of 15 straight months when compared with the same month in the previous year; and WHEREAS a tax cut or tax credit for those purchasing new automobiles, built by Ford, General Motors or Chrysler would result in strengthening the American automobile companies, their suppliers, and support the thousands of jobs related to these industries. NOW THEREFORE BE IS RESOLVED that the Oakland County Board of Commissioners urges the Congress to include a tax cut or tax credit for individuals purchasing new vehicles from Ford, General Motors or Chrysler in the economic stimulus package currently under consideration. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners urges the State of Michigan to enact a tax credit and suspend sales taxes on new vehicles purchased from Ford, General Motors or Chrysler. BE IT FURTHER RESOLVED that the Oakland County Clerk mail copies of this resolution to Michigan’s two Senators and the members of the House of Representatives from Oakland County. BE IT FURTHER RESOLVED that the Oakland County clerk mail copies of this resolution to the Governor of Michigan and Oakland County Senators and Representatives in the State Legislature. Chairperson, I move the foregoing resolution. SHELLEY TAUB, CHRISTINE LONG, TIM GREIMEL, ROBERT GOSSELIN, TOM MIDDLETON, BRADFORD JACOBSEN, BILL BULLARD, JIM RUNESTAD, KIM CAPELLO, MICHAEL GINGELL, DAVID POTTS, JOHN SCOTT, JEFF POTTER The Chairperson referred the resolution to the General Government Committee. There were no objections. Chairperson Bill Bullard, Jr. stated that on January 22, 2009, Resolution #09016 – Board of Commissioners – Support for Legislation to Give Overseas Military Personnel Enough Time to Vote and be Counted, was referred to the Public Services Committee and should have been referred to the General Government Committee. The Chairperson referred the resolution to the General Government Committee. There were no objections. Commissioner Steven Schwartz asked for a legal opinion regarding whether Miscellaneous Resolution #09030 is constitutional. Vice Chairperson Michael Gingell stated that the resolution will be discussed in Committee. The Board adjourned at 11:04 a.m. to the call of the Chair or March 5, 2009, at 9:30 a.m. RUTH JOHNSON BILL BULLARD, JR. Clerk Chairperson