OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES

Transcription

1 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES May 21, 2009 Meeting called to order by Chairperson Bill Bullard, Jr. at 9:41 a.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Bullard, Burns, Capello, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Zack. (22) EXCUSED ABSENCE WITH NOTICE: Hatchett, Woodward. (2) EXCUSED ABSENCE PER MISCELLANEOUS RESOLUTION #04228: Coleman. (1) Quorum present. Invocation given by Michael Gingell. Vice Chairperson Michael Gingell asked for a moment of silence to honor Deputy County Executive Dennis Toffolo who passed away Wednesday, May 20, Pledge of Allegiance to the Flag. Moved by Long supported by Zack the minutes of the May 7, 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 approved as printed. AYES: Bullard, Burns, Capello, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Zack. (22) NAYS: None. (0) A sufficient majority having voted in favor, the agenda was approved as printed. Deputy County Clerk/Register of Deeds Constance Spak read a communication from Board of Commissioners Chairperson Bill Bullard, Jr. appointing Commissioner Tim Greimel to serve as a member of the Claims Review Committee for a term ending December 31, Without objection, the appointment was confirmed. There was no public comment. 278

2 Chairperson Bill Bullard, Jr. made the following statement: A Public Hearing is now called on the Waste Resource Management Unit Resolution Approving the Provisions of a Brownfield Plan for the Oxford Project in the City of Novi. Is there anyone present who wishes to speak? No one requested to speak and the Chairperson declared the Public Hearing closed. Chairperson Bill Bullard, Jr. made the following statement: A Public Hearing is now called on the Miscellaneous Resolution # County Executive/Administration Transfer of Emergency Response & Preparedness to the Department of Health and Human Services. Is there anyone present who wishes to speak? No one requested to speak and the Chairperson declared the Public Hearing closed. Moved by Gosselin supported by Schwartz 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 291. The resolutions on the Consent Agenda follow (annotated by an asterisk {*}): *MISCELLANEOUS RESOLUTION #09117 BY: Finance Committee, Thomas F. Middleton, Chairperson IN RE: TREASURER TRANSITION EXPENSE WHEREAS as a result of the November 4, 2008 election, Oakland County will be served by a new Treasurer; and WHEREAS it is advisable for the Treasurer - Elect to begin assembling the personnel and materials necessary to fully assume the responsibilities of office on July 1, 2009; and WHEREAS it is in the best interest of Oakland County government and its citizens that the transition of leadership from the current Treasurer to the next occur as efficiently as possible; and WHEREAS the transition can best be accomplished through the establishment of a transition account through which appropriate contractual services can be accessed; and WHEREAS the estimated cost of said contractual services is $15,000, and funds are available in the Non- Departmental Contingency account to cover this expense. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports an appropriation of $15,000 for the period through June 30, 2009 to cover the transition expenses of the Oakland County Treasurer - Elect. BE IT FURTHER RESOLVED that the FY 2009 Budget be amended to appropriate funds from the Non- Departmental Contingency account to the Treasurer s Budget as follows: GENERAL FUND (#10100) FY 2009 Expenditures Non - Dept Contingency ($15,000) Treasurer Transition Exp 15,000 Total Expenditures $ 0 BE IT FURTHER RESOLVED that the approval of this request be consistent with Management and Budget and Human Resources departments procedures of Miscellaneous Resolutions #92242, #96267, #00304, #04337, and #08279 establishing previous transition expenses. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE (The vote for this motion appears on page 291.) *REPORT (MISC. #09096) BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS RESOLUTION IN SUPPORT OF THE STATE OF MICHIGAN TO FULFILL ITS OBLIGATIONS AND PROMISES BY FULLY AND UNCONDITIONALLY RESTORING STATE REVENUE SHARING TO ALL OF MICHIGAN S 83 COUNTIES The General Government Committee, having considered the above titled resolution on May 11, 2009, recommends that the resolution be adopted. 279

3 Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #09096 BY: Commissioner Shelley G. Taub, District #16 IN RE: BOARD OF COMMISSIONERS RESOLUTION IN SUPPORT OF THE STATE OF MICHIGAN TO FULFILL ITS OBLIGATIONS AND PROMISES BY FULLY AND UNCONDITIONALLY RESTORING STATE REVENUE SHARING TO ALL OF MICHIGAN S 83 COUNTIES WHEREAS the Michigan Association of Counties represents all 83 counties in the State of Michigan. The counties of Michigan work on behalf of the State of Michigan to provide numerous state mandated services; and WHEREAS counties depend heavily upon state revenue sharing to provide numerous essential public health, safety and welfare services; and WHEREAS the residents of the State of Michigan and the Michigan Association of Counties demand an efficient, professional level of public service; and WHEREAS in 2005 State Revenue Sharing payments were discontinued to counties, relieving the State Budget of $183 million in annual State Revenue Sharing payments to counties, with the promise and agreement that these payments would be restored when each of the individual counties Revenue Sharing Reserve Fund were exhausted. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby support and urge the State of Michigan to fulfill its obligations and promises to fully and unconditionally restore State Revenue Sharing to all of Michigan s 83 counties. BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward copies of this adopted resolution to Governor Jennifer Granholm, Oakland County s State Senators and State Representatives, Oakland County s lobbyists and the Michigan Association Counties. Chairperson, we move the adoption of the foregoing resolution. SHELLEY TAUB, DAVE WOODWARD, SUE ANN DOUGLAS, TOM MIDDLETON, MICHAEL GINGELL, JANET JACKSON, MATTIE HATCHETT, GARY McGILLIVRAY (The vote for this motion appears on page 291.) *MISCELLANEOUS RESOLUTION #09118 BY: Planning and Building Committee, John Scott, Chairperson IN RE: WASTE RESOURCE MANAGEMENT UNIT - RESOLUTION APPROVING THE PROVISIONS OF A BROWNFIELD PLAN FOR THE OXID PROJECT IN THE CITY OF NOVI WHEREAS the Oakland County Board of Commissioners, pursuant to and in accordance with the provisions of the Brownfield Redevelopment Financing Act, being Act 381 of the Public Acts of the State of Michigan of 1996, as amended (the Act ), has established a redevelopment of Brownfields Redevelopment Authority and Board (OCBRA) to facilitate the clean-up and redevelopment of Brownfields within Oakland County s communities; and WHEREAS the Oxid project site in the City of Novi is, a facility under state statute; and WHEREAS a Brownfield clean-up and redevelopment plan (the Plan ) has been prepared to restore the environmental and economic viability of this parcel which the OCBRA has reviewed and modified; and WHEREAS pursuant to OCBRA by-laws, a local committee has been appointed, participated in discussions regarding the proposed plan and project, reviewed the plan, and recommends its approval; and WHEREAS the members of the City Board have reviewed the Plan, and have been provided a reasonable opportunity to express their views and recommendations regarding the Plan in accordance 280

4 with Sections 13 (13) of the Act, and have unanimously approved the resolution declaring their concurrence with the provisions of the Plan; and WHEREAS the OCBRA, pursuant to and in accordance with Section 13 of the Act, has unanimously approved a resolution (attached) adopting the Plan, procedures for cost reimbursement, and recommends the adoption of the Plan by the Planning and Building Committee and the Board of Commissioners to be carried out within the City of Novi, relating to the redevelopment of the Oxid project, located at Regency Drive (the Property ). NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby adopt the Plan to be carried out within the City of Novi, relating to the redevelopment of the Oxid project located at Regency Drive (the Property ). BE IT FURTHER RESOLVED that a public hearing on the adoption of the Brownfield Plan approved by the Oakland County Brownfield Redevelopment Authority for the Oxid project, located in the City of Novi, shall be held on Thursday May 21, 2009 at 9:40 a.m. in the Board of Commissioners Auditorium, 1200 North Telegraph Road, Pontiac, Michigan. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Oakland County Brownfield Redevelopment Authority Brownfield Plan for the Regency Center Regency Drive on file in County Clerk s office. (The vote for this motion appears on page 291.) *REPORT (MISC. #09097) BY: Planning and Building Committee, John Scott, Chairperson IN RE: BOARD OF COMMISSIONERS ENCOURAGING VOLUNTARY BOAT DISINFECTION STATIONS The Planning and Building Committee, having reviewed the above-titled resolution on May 12, 2009, reports with a recommendation that the resolution be adopted. Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE MISCELLANEOUS RESOLUTION #09097 BY: Commissioner Shelley G. Taub, District #16 IN RE: BOARD OF COMMISSIONERS ENCOURAGING VOLUNTARY BOAT DISINFECTION STATIONS WHEREAS with the exception of Lake Superior, the Viral Hemorrhagic Septicemia Virus (VHS) is spreading to inland lakes from infected lakes surrounding the State of Michigan, including Lake Huron, Lake Michigan and Lake St. Clair; and WHEREAS the spread of VHS to inland lakes in Michigan, Wisconsin, Ohio and New York has caused massive fish kills and once a lake is infected it can not be removed; and WHEREAS the Michigan Department of Natural Resources Fisheries Division is actively managing a number of fish pathogens in our waters, including the VHS virus; and WHEREAS the Michigan Department of Natural Resources is seeking support to establish a voluntary system of boat disinfection stations at boat launches using Virkon Aquatic, a very effective disinfectant that will eliminate VHSv and other pathogens; and WHEREAS the Michigan Lakes and Stream Association website ( offers information on its link entitled, Watercraft Disinfection Station ; and WHEREAS the disinfection is considered much safer than bleach. The Virkon Aquatic is environmentally safe and approved by the EPA; and 281

5 WHEREAS the Michigan Association of Counties is requesting all County Commissioners to pass this information on to their cities, villages and townships, requesting them to cooperate in this endeavor. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby supports the voluntary system of establishing boat disinfection stations at boat launches to aid in controlling against the spread of the Viral Hemorrhagic Septicemia Virus and other pathogens. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners urges cities, villages and townships in Oakland County to consider ways in which these disinfestations stations could be established in their community. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners requests that information regarding the proper boat disinfection be posted on the county website. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to the Michigan Department of Natural Resources Fisheries Division, the Michigan Lakes and Stream Association, the Oakland County Health Division, all of the cities, villages and townships in Oakland County, and the Michigan Association of Counties. BE IT FURTHER RESOLVED that the Oakland County Water Resources Commissioner is requested to forward copies of this adopted resolution to all of the lake boards in Oakland County. Chairperson, we move the adoption of the foregoing resolution. SHELLEY TAUB, ROBERT GOSSELIN, MICHAEL GINGELL, BILL BULLARD, JEFF POTTER, DAVID POTTS, TOM MIDDLETON, CHRISTINE LONG, BRAD JACOBSEN, TIM GREIMEL, JANET JACKSON, GARY McGILLIVRAY, MARCIA GERSHENSON, DAVE WOODWARD (The vote for this motion appears on page 291.) *MISCELLANEOUS RESOLUTION #09110 BY: Planning and Building Committee, John Scott, Chairperson IN RE: PARKS AND RECREATION COMMISSION AND DEPARTMENT OF FACILTIES MANAGEMENT APPROVAL AND ACCEPTANCE OF PURCHASE AGREEMENT - PARCEL NO , 1580 SCOTT LAKE ROAD FOR EXPANSION OF WATERFORD OAKS COUNTY PARK WHEREAS pursuant to the authorization of the Oakland County Planning and Building Committee, the Oakland County Parks and Recreation Commission and the Department of Facilities Management, with the assistance of Oakland County Corporation Counsel, have negotiated the terms and conditions of the attached Purchase Agreement with Eric and Diane Ernst, for the purchase of 1580 Scott Lake Road, Waterford Township; and WHEREAS pursuant to the terms and conditions of said Purchase Agreement the County of Oakland shall pay Eric and Diane Ernst the sum of $1,000,000 via a cash sale for the purchase of said property conditioned upon the County performing its required due diligence investigation of the subject property; and WHEREAS sufficient funding for said purchase is available in the Oakland County Parks and Recreation Land Acquisition Fund; and WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached Purchase Agreement and recommend its approval. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and accepts the terms and conditions of the attached Purchase Agreement between the County of Oakland, as purchaser, and Eric and Diane Ernst, husband and wife, seller, via a cash sale purchase. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Purchase Agreement and all other related documents, which may be required to complete the purchase of said property. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. 282

6 PLANNING AND BUILDING COMMITTEE Copy of Approval and Acceptance of Purchase Agreement Eric and Diane Ernst Property Parcel No Waterford Oaks County Park on file on County Clerk s office. FISCAL NOTE (MISC. #09110) BY: Finance Committee, Tom Middleton, Chairperson IN RE: PARKS AND RECREATION COMMISSION AND DEPARTMENT OF FACILITIES MANAGEMENT APPROVAL AND ACCEPTANCE OF PURCHASE AGREEMENT - PARCEL NO , 1580 SCOTT LAKE ROAD FOR EXPANSION OF WATERFORD OAKS COUNTY PARK Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced Miscellaneous Resolution and finds: 1. The Oakland County Parks and Recreation Commission is seeking approval and acceptance of a purchase agreement between the County of Oakland and Eric and Diane Ernst for the purchase of property parcel no at 1580 Scott Lake Road, Waterford, Michigan. 2. The negotiated price is in the amount of $1,000,000. The land purchase will expand the current acreage of Waterford Oaks County Park. 3. The purchase agreement was recommended for approval by the Oakland County Parks and Recreation Commission on April 15, No Oakland County General Fund/General Purpose funding is required for this acquisition. 5. Sufficient funding is available in the Oakland County Parks and Recreation Commission s Fiscal Year 2009 Capital Improvement Program Budget. No budget amendment is recommended. FINANCE COMMITTEE (The vote for this motion appears on page 291.) *MISCELLANEOUS RESOLUTION #09111 BY: Planning and Building Committee, John Scott, Chairperson IN RE: PARKS AND RECREATION COMMISSION AND DEPARTMENT OF FACILITIES MANAGEMENT APPROVAL AND ACCEPTANCE OF PURCHASE AGREEMENT - PARCEL NO , VACANT MILFORD ROAD FOR EXPANSION OF HIGHLAND OAKS COUNTY PARK WHEREAS pursuant to the authorization of the Oakland County Planning and Building Committee, the Oakland County Parks and Recreation Commission and the Department of Facilities Management, with the assistance of Oakland County Corporation Counsel, have negotiated the terms and conditions of the attached Purchase Agreement with the Paul E. Hodges, III Living Trust, for the purchase of approximately acres of vacant land located on Milford Road, Highland Township; and WHEREAS pursuant to the terms and conditions of said Purchase Agreement the County of Oakland shall pay the Paul E. Hodges, III Living Trust the sum of $157,200 via a cash sale for the purchase of said property, conditioned upon the County performing its required due diligence investigation of the subject property; and WHEREAS sufficient funding for said purchase is available in the Oakland County Parks and Recreation Land Acquisition Fund; and WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached Purchase Agreement and recommend its approval. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and accepts the terms and conditions of the attached Purchase Agreement between the County of Oakland, as purchaser, and the Paul E. Hodges, III Living Trust, seller, via a cash sale purchase. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Purchase Agreement and all other related documents, which may be required to complete the purchase of said property. 283

7 Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Approval and Acceptance of Purchase Agreement Paul E. Hodges, III Living Trust Property Parcel No Highland Oaks County Park on file in County Clerk s office. FISCAL NOTE (MISC. #09111) BY: Finance Committee, Tom Middleton, Chairperson IN RE: PARKS AND RECREATION COMMISSION AND DEPARTMENT OF FACILITIES MANAGEMENT APPROVAL AND ACCEPTANCE OF PURCHASE AGREEMENT - PARCEL NO , VACANT MILFORD ROAD FOR EXPANSION OF HIGHLAND OAKS COUNTY PARK Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced Miscellaneous Resolution and finds: 1. The Oakland County Parks and Recreation Commission is seeking approval and acceptance of a purchase agreement between the County of Oakland and Paul E. Hodges, III Living Trust for the purchase of property parcel no at vacant Milford Road, Highland, Michigan. 2. The negotiated price is in the amount of $157,200. The land purchase will expand the current acreage of Highland Oaks County Park. 3. The purchase agreement was recommended for approval by the Oakland County Parks and Recreation Commission on April 15, No Oakland County General Fund/General Purpose funding is required for this acquisition. 5. Sufficient funding is available in the Oakland County Parks and Recreation Commission s Fiscal Year 2009 Capital Improvement Program Budget. No budget amendment is recommended. FINANCE COMMITTEE (The vote for this motion appears on page 291.) *MISCELLANEOUS RESOLUTION #09112 BY: Planning and Building Committee, John Scott, Chairperson IN RE: PARKS AND RECREATION COMMISSION AND DEPARTMENT OF FACILITIES MANAGEMENT APPROVAL AND ACCEPTANCE OF PURCHASE AGREEMENT - PARCEL NOS AND , VACANT MILFORD ROAD FOR EXPANSION OF HIGHLAND OAKS COUNTY PARK WHEREAS pursuant to the authorization of the Oakland County Planning and Building Committee, the Oakland County Parks and Recreation Commission and the Department of Facilities Management, with the assistance of Oakland County Corporation Counsel, have negotiated the terms and conditions of the attached Purchase Agreement with Joseph D. Hodges, for the purchase of approximately acres of vacant land located on Milford Road, Highland Township; and WHEREAS pursuant to the terms and conditions of said Purchase Agreement the County of Oakland shall pay Joseph D. Hodges the sum of $240,000 via a cash sale for the purchase of said property, conditioned upon the County performing its required due diligence investigation of the subject property; and WHEREAS sufficient funding for said purchase is available in the Oakland County Parks and Recreation Land Acquisition Fund; and WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached Purchase Agreement and recommend its approval. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and accepts the terms and conditions of the attached Purchase Agreement between the County of Oakland, as purchaser, and Joseph D. Hodges, seller, via a cash sale purchase. 284

8 BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Purchase Agreement and all other related documents, which may be required to complete the purchase of said property. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Approval and Acceptance of Purchase Agreement Joseph D. Hodges Property Parcel Nos and Highland Oaks County Park on file in County Clerk s office. FISCAL NOTE (MISC. #09112) BY: Finance Committee, Tom Middleton, Chairperson IN RE: PARKS AND RECREATION COMMISSION AND DEPARTMENT OF FACILITIES MANAGEMENT APPROVAL AND ACCEPTANCE OF PURCHASE AGREEMENT - PARCEL NOS AND , VACANT MILFORD ROAD FOR EXPANSION OF HIGHLAND OAKS COUNTY PARK Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced Miscellaneous Resolution and finds: 1. The Oakland County Parks and Recreation Commission is seeking approval and acceptance of a purchase agreement between the County of Oakland and Joseph D. Hodges for the purchase of property parcel nos and at vacant Milford Road, Highland, Michigan. 2. The negotiated price is in the amount of $240,000. The land purchase will expand the current acreage of Highland Oaks County Park. 3. The purchase agreement was recommended for approval by the Oakland County Parks and Recreation Commission on April 15, No Oakland County General Fund/General Purpose funding is required for this acquisition. 5. Sufficient funding is available in the Oakland County Parks and Recreation Commission s Fiscal Year 2009 Capital Improvement Program Budget. No budget amendment is recommended. FINANCE COMMITTEE (The vote for this motion appears on page 291.) *MISCELLANEOUS RESOLUTION #09113 BY: Planning and Building Committee, John Scott, Chairperson IN RE: PARKS AND RECREATION COMMISSION AND DEPARTMENT OF FACILITIES MANAGEMENT REQUEST FOR APPROVAL OF RESIDENTIAL LEASE AGREEMENT WITH KEN PHILABAUM, ADDISON OAKS COUNTY PARK WHEREAS the County of Oakland is the owner of Addison Oaks County Park; and WHEREAS a two-story, three bedroom house, identified as 1480 W. Romeo Road, is located on the grounds of Addison Oaks County Park; and WHEREAS it is the desire of the Oakland County Parks and Recreation Commission to lease said house located at 1480 W. Romeo Road to County employee Ken Philabaum for a period of three years commencing May 1, 2009; and WHEREAS under the terms and conditions of the attached Lease Agreement Ken Philabaum will pay rent in the amount of $ per month, pay all utility costs and provide after hours security, coordinate all emergency activities with local police and fire agencies and provide after hours emergency maintenance as necessary; and WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached lease agreement; and WHEREAS it is the recommendation of the Oakland County Parks and Recreation Commission and the Department of Facilities Management that the Oakland County Board of Commissioners accept and 285

9 approve the terms and conditions of the attached Lease Agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached Lease Agreement between the County of Oakland and Mr. Ken Philabaum. BE IT FURTHER RESOLVED that the rent amount received be deposited in the Oakland County Parks and Recreation Rental House Revenue Fund line item. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Lease Agreement and all other related documents between the County of Oakland and Ken Philabaum, which may be required. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Residential Lease Agreement on file in County Clerk s office. FISCAL NOTE (MISC. #09113) BY: Finance Committee, Tom Middleton, Chairperson IN RE: PARKS AND RECREATION COMMISSION AND DEPARTMENT OF FACILITIES MANAGEMENT REQUEST FOR APPROVAL OF RESIDENTIAL LEASE AGREEMENT WITH KEN PHILABAUM, ADDISON OAKS COUNTY PARK Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced Miscellaneous Resolution and finds: 1. The Oakland County Parks and Recreation Commission is seeking approval and acceptance of a residential lease agreement between the County of Oakland and Ken Philabaum for the rental of a house identified as 1480 W. Romeo Road and located on the grounds of Addison Oaks County Park. 2. The residential lease agreement with Ken Philabaum stipulates he will pay rent in the amount of $595 per month for a period of three years and pay all utility costs, commencing May 1, A late fee of $25 will be paid for each monthly rent not received within five days of its due date and will be considered additional rent to compensate for costs incurred because of late payments. 4. In addition to rent and utilities, Ken Philabaum will provide after hours security, coordinate all emergency activities with local police and fire agencies, and provide after hours emergency maintenance as necessary for Addison Oaks County Park. 5. The residential lease agreement was recommended for approval by the Oakland County Parks and Recreation Commission on April 15, The monthly rent amount will be deposited in the Oakland County Parks and Recreation Fund, Addison Oaks Rental House Revenue Fund line item. 7. No budget amendment is recommended. FINANCE COMMITTEE (The vote for this motion appears on page 291.) *MISCELLANEOUS RESOLUTION #09114 BY: Planning and Building Committee, John Scott, Chairperson IN RE: WASTE RESOURCE MANAGEMENT UNIT - RESOLUTION APPROVING AN AMENDMENT OF THE INTERLOCAL AGREEMENT FOR WASTE AND RECYCLING SERVICES WITH RESOURCE RECOVERY AND RECYCLING AUTHORITY OF SOUTHWEST OAKLAND COUNTY - RRRASOC WHEREAS the Resource Recovery and Recycling Authority of Southwest Oakland County (RRRASOC) submitted a project proposal dated February 24, 2006, to perform an intergovernmental project regarding waste and recycling services; and 286

10 WHEREAS the proposed project activities are consistent with the Oakland County Solid Waste Management planning obligations as required by State Law, Part 115, Solid Waste Management of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended; and WHEREAS RRRASOC is a municipal solid waste authority, established pursuant to Act 179 of 1947 and is comprised of the cities of Farmington, Farmington Hills, Novi, South Lyon, Southfield, Walled Lake, Wixom, and the Township of Lyon; and WHEREAS an interlocal Agreement was drafted to address necessary legal, liability, and responsibility issues for both the County and RRRASOC, and identifies Oakland County's role in the project; and WHEREAS the interlocal Agreement was adopted as a contract by the Oakland County Board of Commissioners on May 25, 2006; and WHEREAS RRRASOC and Oakland County Waste Resource Management wishes to amend the interlocal agreement to extend the software license for the Re-TRAC web based tool included in the Interlocal agreement; Section 4.1.4; and WHEREAS Oakland County Corporation Counsel and Risk Management have reviewed and approved the amended Interlocal Agreement between the County and RRRASOC; and WHEREAS the amended interlocal agreement has been approved by RRRASOC. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby adopt the amended contract to be carried out with RRRASOC. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE INTERLOCAL AGREEMENT FOR REGIONAL WASTE AND RECYCLING SERVICES BETWEEN OAKLAND COUNTY AND THE RESOURCE RECOVERY AND RECYCLING AUTHORITY OF SOUTHWEST OAKLAND COUNTY (RRRASOC) This Interlocal Agreement ( the AGREEMENT ) is made between Oakland County, a Constitutional and Municipal Corporation, 1200 N. Telegraph Road, Pontiac, Michigan ( the COUNTY ) and Resource Recovery and Recycling Authority of Southwest Oakland County, E. Eight Mile Road, Southfield, MI ( RRRASOC ). In this AGREEMENT, the COUNTY and RRRASOC may also be referred to individually as Party or jointly as Parties. 1. PURPOSE OF AGREEMENT. 1.1 Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL et seq., the County and RRRASOC enter into this AGREEMENT for the purpose of developing a comprehensive plan for the effective provision of regional waste and recycling services in Oakland County. 1.2 Research performed by RRRASOC and provided to the COUNTY under the terms of this Agreement will assist the COUNTY in the provision of uniform, reliable, and cost-effective methods of solid waste disposal and recycling in the COUNTY in years to come. 1.3 INFORMATION gathered pursuant to this AGREEMENT will assist the COUNTY with solid waste planning obligations under the Natural Resources and Environmental Protection Act and the implementation of the COUNTY S Solid Waste Management Plan as updated in NOW THEREFORE, in consideration of the mutual promises, obligations, representations, and assurances in this AGREEMENT, the Parties agree to the following: 2. DEFINITIONS: The following words and expressions used throughout this AGREEMENT, whether used in the singular or plural, within or without quotation marks, or possessive or non-possessive, shall be defined, read, and interpreted as follows: 2.1 AGENT OR AGENTS of the COUNTY or RRRASOC shall be defined to include any and all of that Party s officers, elected officials, appointed officials, directors, board members, council members, authorities, boards, committees, commissions, employees, managers, departments, divisions, volunteers, AGENTS, representatives, and/or any such person s successors or predecessors, employees, attorneys, or auditors (whether such persons act or acted in their personal, representative, or official capacities), and/or any and all persons acting by, through, under, or in concert with any of them. AGENT shall also include any person who was an AGENT at any time during this AGREEMENT but for any reason is no longer employed, appointed, or elected in that capacity. 287

11 2.2 AGREEMENT means the terms and conditions of this AGREEMENT, Exhibit A and any other mutually agreed to and properly executed modification, amendment, addendum, or change order. 2.3 CLAIMS shall be defined to include any and all losses, complaints, demands for relief or damages, suits, causes of action, proceedings, judgments, deficiencies, penalties, costs and expenses, including, but not limited to, any reimbursement for reasonable attorney fees, witness fees, court costs, investigation and/or litigation expenses, any amounts paid in settlement, or any other amount for which the COUNTY and/or any COUNTY AGENT becomes legally and/or contractually obligated to pay, or defend against, or any other liabilities of any kind whatsoever, whether direct, indirect or consequential, whether based upon any alleged violation of the constitution (federal or state), any statute, rule, regulation or the common law, whether in law or equity, tort, contract, otherwise and/or whether commenced or threatened and arising out of any alleged breach of any duty by RRRASOC or any RRRASOC AGENT under or in connection with this Agreement or are based on or result in any way from RRRASOC s participation in the AGREEMENT. 2.4 COUNTY means Oakland County, a Municipal and Constitutional Corporation including, but not limited to, all of its departments, divisions, the County Board of Commissioners, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, AGENTS, subcontractors, volunteers, and/or any such persons successors. 2.5 RRRASOC (The Resource Recovery and Recycling Authority of Southwest Oakland County) is an intergovernmental, municipal solid waste authority created in 1989 by the eight member communities of Farmington, Farmington Hills, Novi, South Lyon, Southfield, Walled Lake, Wixom and Lyon Township. 3. COUNTY RESPONSIBILITIES: Subject to the terms and conditions contained in this Agreement, and applicable changes in law, the COUNTY shall carry out the following: 3.1 Subject to the terms and conditions contained in this AGREEMENT, and applicable changes in law, the COUNTY shall carry out the following: The COUNTY shall pay RRRASOC a total of $28, for all work performed under this AGREEMENT. RRRASOC shall submit an invoice to the COUNTY itemizing all amounts due under this AGREEMENT in a timely manner The COUNTY shall pay the invoices within thirty (30) days after receipt of the same Except as expressly provided in this AGREEMENT, the COUNTY is not responsible for any cost, fee, fine or penalty incurred by RRRASOC in connection with this AGREEMENT. 4. RRRASOC RESPONSIBILITIES: 4.1 Subject to the terms and conditions contained in this AGREEMENT, and applicable changes in law, RRRASOC shall carry out the following: RRRASOC will use the on-line, web-based tool (Re-TRAC) to accomplish the following tasks: Continue to track waste and recycling trends within their membership Provide specific reports to the County upon request Provide access to SOCRRA to utilize software upon request Provide access to other communities in the County upon request by the County. 4.2 Obligations under this section are solely those of RRRASOC and not obligations of RRRASOC s Member Municipalities. 5. RRRASOC INDEMNIFICATION OF COUNTY: 5.1 RRRASOC agrees to indemnify, defend, and hold harmless, to extent permitted by law, the COUNTY and/or any COUNTY AGENT from any CLAIM(S), loss, or damage connected to or resulting from any work done by RRRASOC and/or any of RRRASOC S AGENT S under this AGREEMENT, unless such loss or damage is caused by RRRASOC and/or RRRASOC AGENTS following direct instructions from COUNTY AGENTS. 5.2 The COUNTY agrees to indemnify, defend, and hold harmless, to the extent permitted by law, RRRASOC and/or any RRRASOC AGENT from any CLAIM(S), loss, or damage connected to or resulting from any work done by the COUNTY and/or any of COUNTY S AGENT S under this 288

12 AGREEMENT, unless such loss or damage is caused by the COUNTY and/or COUNTY AGENTS following direct instructions from RRRASOC. 6. LENGTH OF AGREEMENT: This AGREEMENT shall remain in effect until December 31, 2011 or until terminated by either Party as provided for in this AGREEMENT. 7. TERMINATION OF AGREEMENT: Either Party may terminate or cancel this AGREEMENT for any reason upon thirty (30) days notice. The effective date for termination or cancellation shall be clearly stated in the notice. 8. NO THIRD PARTY BENEFICIARIES: Except as provided for the benefit of the Parties, this AGREEMENT does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to indemnification, right to subrogation, and/or any other right, in favor of any other person or entity. It is expressly understood that RRRASOC shall have no liability to third parties for alleged loss or damages, direct or indirect, under any theory or claim alleging defect, negligence, error, omission, or any other failure in respect to the work product delivered to the COUNTY under this AGREEMENT, and the COUNTY covenants to advise any subsequent users of the work product of this limitation. 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 other person or entities with respect to hire, tenure, terms, conditions, and privileges of employment, or any matter directly or indirectly related to employment in violation of any federal, state or local law. 11. PERMITS AND LICENSES: Each Party shall be responsible for obtaining and maintaining, throughout the term of this Agreement, all licenses including software licenses, permits, certificates, and governmental authorizations necessary to perform all its obligations under this AGREEMENT. Upon request, a Party shall furnish copies of any permit, license, and certificate of governmental authorization to the requesting Party. 12. RESERVATION OF RIGHTS. This AGREEMENT does not, and is not intended to impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the Parties. 13. FORCE MAJEURE. Each Party shall be excused from any obligations under this AGREEMENT during the time and to the extent that a Party is prevented from performing due to causes beyond such Parties control, including, but not limited to, an act of God, war, acts of government (other than the Parties ), fire strike, labor disputes, civil disturbances, reduction of power source, or any other circumstances beyond the reasonable control of the affected Party. Reasonable notice shall be given to the affected Party of any such event. 14. DELEGATION/SUBCONTRACT/ASSIGNMENT: A Party may not delegate, subcontract, and/or assign any obligations or rights under this AGREEMENT without the prior written consent of the other Party. 15. NO IMPLIED WAIVER: Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any rights or remedies under this AGREEMENT shall constitute a waiver of those rights with regard to any existing or subsequent breach of this AGREEMENT. No waiver of any term, condition, or provision of this AGREEMENT, whether by conduct or otherwise, in one or more instances, shall be deemed or construed as a continuing waiver of any term, condition, or provision of this AGREEMENT. No waiver by either Party shall subsequently affect its right to require strict performance of this AGREEMENT. 16. SEVERABILITY: If a Court of competent jurisdiction finds a term, or condition, of this AGREEMENT to be illegal or invalid, then the term or condition shall be deemed severed from this AGREEMENT. All other terms, conditions and provisions of this AGREEMENT shall remain in full force. 17. CAPTIONS: The section and subsection numbers, captions, and any indent to such sections and subsections contained in this AGREEMENT are intended for the convenience of the reader and are not intended to have any substantive meaning. The numbers, captions, and indexes shall not be interpreted or be considered as part of this AGREEMENT. Any use of the singular or plural number, any reference to the male, female or neuter genders, and any possessive or non-possessive use in this AGREEMENT shall be deemed the appropriate plurality, gender or possession as the context requires. 289

13 18. NOTICES: Notices given under this AGREEMENT shall be in writing and shall be personally delivered, sent by express delivery service, certified mail, or first class U.S. mail postage prepaid, and addressed to the person listed below. Notice will be deemed given on the date when one of the following first occur: (1) the date of actual receipt; (2) the next business day when notice is sent express delivery service or personal delivery; or (3) three days after mailing first class or certified mail If notice is sent to the COUNTY it shall be addressed and sent to: Oakland County Waste Resource Management, 1200 N. Telegraph Road, EOB, Room 102, Pontiac, Michigan and Chairperson of the Oakland County Board of Commissioners, 1200 N. Telegraph Road, Pontiac, Michigan, If notice is sent to RRRASOC, it shall be addressed to Michael J. Csapo, RRRASOC General Manager, W. Eight Mile Road, Southfield, MI GOVERNING LAW/CONSENT TO JURISDICTION AND VENUE. This AGREEMENT shall be governed, interpreted, and enforced by the laws of the State of Michigan. Except as otherwise required by law or court rule, any action brought to enforce, interpret, or decide any CLAIM arising under or related to this AGREEMENT shall be brought in the 6 th Judicial Circuit Court for the State of Michigan, the 50 th District Court of the State of Michigan, or the United States District Court for the Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of the Court. Except as otherwise required by law or court rule, venue is proper in the Courts set forth above. 20. AGREEMENT APPROVAL AND AMENDMENT: 20.1 This AGREEMENT shall not become effective prior to the approval by concurrent resolutions of the County Board of Commissioners and the governing Legislative Body of RRRASOC. The approval and terms of this AGREEMENT shall be entered in the official minutes and proceedings of the County Board of Commissioners and governing Legislative Body of RRRASOC and shall also be filed with the office of the Clerk of the County and RRRASOC. In addition, this AGREEMENT, and any subsequent amendments, shall be filed with the Secretary of State for the State of Michigan by the COUNTY and shall not become effective or implemented prior to its filing with the Secretary of State and the Clerk of the County Except as expressly provided herein, this AGREEMENT may be amended only by concurrent written resolutions of the County Board of Commissioners and the governing body of RRRASOC. This AGREEMENT shall not be changed, supplemented, or amended except as provided for heron, and no other act, verbal representation, document, usage, or custom shall be deemed to amend or modify this AGREEMENT. 21. ENTIRE AGREEMENT: This AGREEMENT constitutes the complete and entire AGREEMENT between the COUNTY and RRRASOC and fully supersedes any and all prior AGREEMENTS or contemporaneous representations or understandings, verbal or oral, between them concerning and in any way related to the subject matter of this AGREEMENT. It is further agreed that the terms and conditions herein are contractual and are not a mere recital and that there are no other AGREEMENTS, understandings, contracts or representations between RRRASOC and the County in any way related to the subject matter hereof, except as expressly stated herein. 22. CONCLUSION: For and in considerations of the mutual promises, acknowledgements and representations set forth in this AGREEMENT, and for other good and valuable consideration, the adequacy of which is hereby acknowledged, the COUNTY and RRRASOC hereby agree to be bound by the above terms and provisions. IN WITNESS WHEREOF,, hereby acknowledges that he has been authorized by RRRASOC to execute this AGREEMENT on behalf of RRRASOC and hereby accepts and binds RRRASOC to the terms and conditions of this AGREEMENT. By: Date: Michael J. Csapo, General Manager RRRASOC Witnessed: Date: 290

14 IN WITNESS WHEREOF, Bill Bullard, Jr., Chairperson, Oakland County Board of Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners, a certified copy of which is attached, to execute this Agreement on behalf of the County of Oakland and hereby accepts and binds the County to the terms and conditions of this Agreement: By: Date: Bill Bullard, Jr., Chairperson Oakland County Board of Commissioners Witnessed: Date: FISCAL NOTE (MISC. #09114) BY: Finance Committee, Tom Middleton, Chairperson IN RE: WASTE RESOURCE MANAGEMENT UNIT - RESOLUTION APPROVING AN AMENDMENT OF THE INTERLOCAL AGREEMENT FOR WASTE AND RECYCLING SERVICES WITH RESOURCE RECOVERY AND RECYCLING AUTHORITY OF SOUTHWEST OAKLAND COUNTY - RRRASOC Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Board of Commissioners by Miscellaneous Resolution #06092 approved an Interlocal Agreement between Oakland County and the Resource Recovery and Recycling Authority of Southwest Oakland County (RRRASOC) at a cost of $70,750 to obtain regional waste and recycling services and data to assist in updating the Oakland County Solid Waste Management Plan. 2. The Agreement addresses necessary legal, liability, and responsibility issues for both the County and RRRASOC and identifies Oakland County s role in the project. 3. In particular, the Agreement provides local community profiles and needs assessment and identifies intergovernmental options available to communities regarding solid waste collection and disposal and recycling activities. 4. The resolution amends the Interlocal Agreement to extend the software license for the Re-TRAC web-based tool included in the agreement and extends the Agreement through December 31, Under terms of the Amended Agreement the County will pay RRRASOC an additional amount of $28, for work performed. 6. Funding is available in the FY 2009 Planning & Economic Development Services/Waste Resource Management Budget, Professional Services account # No additional appropriation or budget amendment is recommended. FINANCE COMMITTEE Vote on Consent Agenda: AYES: Burns, Capello, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Jackson, Jacobsen, Long, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Zack, Bullard. (21) 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 from the Finance Committee on the Regular Agenda. REPORT (MISC. #09107) BY: Human Resources Committee, Sue Ann Douglas, Chairperson IN RE: BOARD OF COMMISSIONERS AUTHORIZATION FOR LAW LIBRARY COLLABORATION 291

15 The Human Resources Committee having reviewed the MR #09107 on May 13, 2009 reports with the recommendation the resolution be amended to add a fourth BE IT FURTHER RESOLVED paragraph as follows: BE IT FURTHER RESOLVED that once a contractual agreement has been negotiated, it will come through the appropriate committee process, including the Human Resources and Finance Committees for review and final recommendation to the Board of Commissioners. Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing report. HUMAN RESOURCES COMMITTEE MISCELLANEOUS RESOLUTION #09107 BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS AUTHORIZATION FOR LAW LIBRARY COLLABORATION WHEREAS the Oakland County Courthouse currently houses three libraries: the Adams Pratt Law Library, the County Research Library, and a Regional Library for the Visually and Physically Impaired (LVPI); and WHEREAS for the past several years, the County has recognized the need to find additional space in the Courthouse for the County s courts and other offices and departments; and WHEREAS the County is currently facing a severe financial crisis, estimated as high as a $76 million dollar shortfall over the next three years; and WHEREAS in seeking to maximize County facilities and, at the same time, reduce the County s financial obligations, efforts have been made to ascertain whether County collaboration and cooperation with and among other libraries may be feasible; and WHEREAS on March 31, 2009, Thomas M. Cooley Law School s President and Dean Don LeDuc sent a letter to County Executive L. Brooks Patterson and County Board Chairperson Bill Bullard, Jr., to inquire whether the County would be interested in combining the Adams Pratt Law Library Collection with Cooley s library collection to be housed together at the Law School s Auburn Hills campus; and WHEREAS the Thomas M. Cooley Law School is the nation s largest law school and has established a 67-acre branch campus in Auburn Hills; and WHEREAS this joint venture arrangement with Cooley Law School comes at an opportune time for the County a time when unprecedented budgetary adjustments must be made in all County departments; and WHEREAS MCL provides that libraries may enter into contracts with other libraries for cooperation and coordination in their maintenance and operation to avoid unnecessary duplication and at the same time promote the widest public use of books, manuscripts and other materials and facilities. ; and WHEREAS the statutes allowing for such collaborative contracts shall be broadly and liberally construed and applied ; and WHEREAS in an effort to keep all parties informed of the Cooley Law School offer, County Administration met with the Library Board on April 20, 2009, to advise it of this unique opportunity and to encourage the Library Board s participation in managing the details; and WHEREAS the Administration has also been in contact with and provided information to the Oakland County Bar Association and the Oakland County Bar Foundation, which provides supplemental financial assistance in the form of gifts to the Adams Pratt Law Library. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners appreciates and supports the offer from Thomas M. Cooley Law School to enter into a collaborative venture for public law library services with Oakland County. BE IT FURTHER RESOLVED that the Board of Commissioners appreciates the support of the County Library Board in this joint venture. BE IT FURTHER RESOLVED that the County Administration, with assistance as needed from the Library Board and the Board of Commissioners staff, is hereby authorized to proceed with negotiations for this collaboration with Thomas M. Cooley Law School with a goal of providing enhanced public law library services to the constituents and users of the Adams Pratt Collection. 292