OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES

Transcription

1 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES August 29, 2013 Meeting called to order by Chairperson Michael Gingell at 9:42 a.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Bosnic, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hoffman, Long, Matis, McGillivray, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack. (19) EXCUSED ABSENCE WITH NOTICE: Hatchett, Jackson. (2) Quorum present. Invocation given by Marcia Gershenson. Pledge of Allegiance to the Flag. Moved by Spisz supported by McGillivray the minutes of the August 14, 2013 Board Meeting be approved. A sufficient majority having voted in favor, the minutes were approved as printed. Moved by Taub supported by Gershenson the agenda be approved as printed. AYES: Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hoffman, Long, Matis, McGillivray, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic. (19) NAYS: None. (0) A sufficient majority having voted in favor, the agenda was approved as printed. Chairperson Michael Gingell addressed the Board to introduce Commissioners Dwyer and Gershenson. Commissioners Dwyer and Gershenson addressed the Board to present a Proclamation to Retired Chief Robert E. Rebtoy, Farmington Hills Fire Department honoring him for his distinguished career, he has received an array of honors including 59 Letters of Appreciation, 11 Life Saving Awards, 4 Chain of Survival Awards, 1 Distinguished Service Award, 14 Unit Citation Awards, 12 Certificates of Appreciation and 2 Certificates of Merit Awards. Retired Chief Robert Rebtoy, Farmington Hills Fire Department addressed the Board. Chairperson Michael Gingell addressed the Board to acknowledge the Honorable Judge Lisa Gorcyca; and to introduce Commissioners Bosnic, Gosselin and McGillivray. Commissioners Bosnic, Gosselin and McGillivray addressed the Board to present a Proclamation to the Honorable Judge Dennis Drury (retired) for serving with distinction for almost 29 years as Judge to the 52-4 District Court. He started his career as an Assistant City Attorney for Clawson, then spent 15 years 437

2 as a Private Practice Attorney in Troy and Clawson before being elected in 1984, to the 52-4 District Court. During his tenure with the 52-4 District Court, Judge Dennis Drury has served as Chief Judge for eight years and was appointed by the Michigan Supreme Court to serve as Circuit Court Drug Judge on two different occasions. This experience drove Judge Dennis Drury to develop and implement a Drug Therapy Court in 2001, where he has served as the presiding Judge for over 10 years. Honorable Judge Dennis Drury (retired) addressed the Board. Chairperson Michael Gingell addressed the Board to introduce Commissioner Crawford. Commissioner Crawford addressed the Board and asked George Miller, Director of Health and Human Services to join her in presenting a Proclamation to Tina Abbate-Marzolf, Chief Executive Officer, Area Agency on Aging 1-B to honor September as Senior Center Month in Oakland County. Oakland County Senior Centers have adopted a wellness model and are sites for health education, fitness, nutrition, socialization, education, cultural enrichment, participation in sports, special events, physical therapies, transportation and counseling for seniors. Tina Abbate-Marzolf, Chief Executive Officer of the Area Agency on the Aging 1-B, addressed the Board. Chairperson Michael Gingell addressed the Board to introduce Mark Newman, Director of Public Services Animal Control and Bob Gatt, Manager, Animal Control. Mark Newman Director of Public Services Animal Control and Bob Gatt, Manager Animal Control addressed the Board to present a Proclamation to Andy Didorosi, Founder and President of Detroit Bus Company in Ferndale, for donating a 20-ton portable air conditioning unit and diesel generator to the Oakland County Animal Control and Pet Adoption Center this summer to help keep the animals in its care cool during the dog days of summer. Andy Didorosi, Founder and President of Detroit Bus Company addressed the Board. The following people addressed the Board during public comment: John Holeton, Pauline Holeton, Erica Coulston, Fred Nader, Tom Constand, Rebecca Kiessling, Peter Riccardo, Christopher Zielinski and Jim Thienel, Oakland County Republican Party Chairperson. Moved by Zack supported by Hoffman the resolutions (with fiscal notes attached) on the Consent Agenda be adopted. The vote for this motion appears on page 444. The resolutions on the Consent Agenda follow (annotated by an asterisk {*}): *MISCELLANEOUS RESOLUTION #13218 BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET/EQUALIZATION DIVISION APPROVAL OF CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH THE CITIES OF AUBURN HILLS, LATHRUP VILLAGE AND ROCHESTER WHEREAS the Equalization Division provides a number of services to local units of government including original assessments, reappraisals, and file maintenance; and WHEREAS these services are provided under contract with the local units as approved by the Board of Commissioners; and WHEREAS revenues and expenditures associated with the services for this contract are included in the FY 2013 through FY 2015 Adopted Budget; therefore, no budget amendment is recommended. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves entering into the attached Contract for Oakland County Equalization Division Assistance Services covering the term July 1, 2013 through June 30, 2016 with the Cities of Auburn Hills, Lathrup Village and Rochester, which have been signed by their authorized signatories. BE IT FURTHER RESOLVED that the Board of Commissioners Chairperson is authorized to sign this contract. 438

3 BE IT FURTHER RESOLVED that the Oakland County Clerk shall receive and file the executed contract with the concerned unit of government as required by law. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Contracts for Oakland County Equalization Division Assistance Services with the Cities of Auburn Hills, Lathrup Village and Rochester Incorporated by Reference. Original on file in County Clerk s office. (The vote for this motion appears on page 444.) *MISCELLANEOUS RESOLUTION #13219 BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS TRI-PARTY PROGRAM ADDITIONAL APPROPRIATION FOR CHARTER TOWNSHIP OF WEST BLOOMFIELD PROJECT NO WHEREAS the Charter Township of West Bloomfield Township Tri-Party Project No was originally approved per MR #13016; and WHEREAS the project was established for the resurfacing of Fourteen Mile Road from Haggerty Road to Country Way; and WHEREAS the total Tri-Party project cost participation was established at $475,000 of which the County agreed to fund $158,333; and WHEREAS the Charter Township of West Bloomfield and the Road Commission for Oakland County (RCOC) approved additional funding from existing allocated Tri-Party monies since the time Project No was initiated; and WHEREAS additional project costs exceeding 15% of the original agreement require a separate Finance Committee resolution to appropriate the additional Oakland County share of the project costs; and WHEREAS the Oakland County share for the additional project cost is $66,000 to bring the total County share to $224,333; and WHEREAS funding in the amount of $66,000 is available in the General Fund Assigned Fund Balance for Tri-Party funding (GL acct #383510). NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the additional Oakland County cost of $66,000 for Tri-Party Project No BE IT FURTHER RESOLVED that the Board of Commissioners authorizes the following FY 2013 budget amendment: GENERAL FUND (#10100) FY 2013 Revenue Planned Use of Fund Balance $66,000 Total Revenues $66,000 Expenditures Road Commission Tri-Party $66,000 Total Expenditures $66,000 Chairperson, on behalf of the Finance Committee, I move adoption of the forgoing resolution. FINANCE COMMITTEE Copy of correspondence from Tom Noechel, Programming Supervisor, Oakland County Road Commission on file in County Clerk s office. (The vote for this motion appears on page 444.) 439

4 *MISCELLANEOUS RESOLUTION #13220 BY: Planning and Building Committee, Jim Runestad, Chairperson IN RE: WATER RESOURCES COMMISSIONER A RESOLUTION ADOPTING A FINAL PROJECT PLAN FOR WASTEWATER SYSTEM IMPROVEMENTS AND DESIGNATING AN AUTHORIZED PROJECT REPRESENTATIVE WHEREAS the Board of Commissioners of the County of Oakland, by majority vote of its members-elect, and pursuant to Michigan Public Act 342 of the Public Acts of 1939 ( Act 342 ), as amended, has authorized and directed that there be established a county system of sewage disposal improvements and services to serve municipalities in the County (hereinafter sometimes referred to as the System ), and has designated the Oakland County Water Resources Commissioner as the county agency for the System (said Water Resources Commissioner being hereinafter sometimes referred to as the County Agency ); and WHEREAS under and subject to the terms of Act 342, the County is authorized, through the County Agency, to acquire and construct the sewage disposal facilities hereinafter described to improve and extend the System (the Project ); and WHEREAS the System recognizes the need to make improvements to its existing Supervisory Control and Data Acquisition System (hereinafter sometimes referred to as the SCADA System ); and WHEREAS the County Agency has authorized Tetra Tech to prepare a Project Plan, which recommends upgrading the existing SCADA system by utilizing the existing OakNET network infrastructure and Management from OCIT. This consists of a distributed network which uses radios and OakNET fiber optic communication to provide the high speed communication network. The system includes a new SCADA Data Server Center (SDSC) to be located at the OCIT building, a new SCADA Operations Control Center (SOCC) located at WRC offices (replacing the outdated existing FEP hardware), and approximately eight new Radio Concentrator Sites (RCS) with upgrades to additional radio repeater sites dispersed throughout the County; and WHEREAS said Project Plan was presented at a Public Hearing held on May 30, 2013 and all public comments have been considered and addressed; and WHEREAS MR #13039 acknowledged that the Water Resources Commissioner has applied for an S2- Grant from the Michigan Department of Environmental Quality for $498,334 to provide funding for the SCADA system. The purpose of the grant is to offset enterprise and special revenue funding for the common to all part of the system currently under design; and WHEREAS adopting a final project plan is a requirement under this grant. NOW THEREFORE BE IT RESOLVED that Oakland County formally adopts said Project Plan and agrees to implement the selected alternative [upgrading the existing SCADA system by utilizing the existing OakNET network infrastructure and Management from OCIT. This consists of a distributed network which uses radios and OakNET fiber optic communication to provide the high speed communication network. The system includes a new SCADA Data Server Center (SDSC) to be located at the OCIT building, a new SCADA Operations Control Center (SOCC) located at WRC offices (replacing the outdated existing FEP hardware), and approximately eight new Radio Concentrator Sites (RCS) with upgrades to additional radio repeater sites dispersed throughout the County]. The project cost for the SCADA System is $2,366, These costs were previously presented and approved by the Oakland County Budget Task Force on September 18, BE IT FURTHER RESOLVED that the County Agency, a position currently held by Jim Nash, Water Resources Commissioner, Phil Sanzica P.E., Chief Deputy and Suzanne R. Coffey P.E., Manager, are designated as the authorized project representatives for all activities associated with the project referenced above, including the submittal of said Project Plan as the first step in applying to the State of Michigan for a revolving fund loan to assist in the implementation of the selected alternative. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE 440

5 FISCAL NOTE (MISC. #13220) BY: Finance Committee, Tom Middleton, Chairperson IN RE: WATER RESOURCES COMMISSIONER A RESOLUTION ADOPTING A FINAL PROJECT PLAN FOR WASTEWATER SYSTEM IMPROVEMENTS AND DESIGNATING AN AUTHORIZED PROJECT REPRESENTATIVE Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. This resolution requests the Oakland County Board of Commissioners to approve the final project plan for the County Wide Supervisory Control and Data Acquisition System (SCADA) and designate the Oakland County Water Resources Commissioner as the county agency for the System. 2. Water Resources Commissioner, per MR #13039, applied for an S2-Grant from the Michigan Department of Environmental Quality in the amount of $498,334 to fund the planning and design services for the SCADA system project. 3. The grant requires the Oakland County Board of Commissioners to adopt the final SCADA system project plan with a cost of $2,366,339, which includes: upgrading existing SCADA system network infrastructure, fiber optic high speed communication network, a new SCADA Data Service Center located at the OCIT building, a new Operations Control Center located at the WRC office, replacing outdated existing hardware and eight new Radio Concentrator Sites with upgrades to additional radio repeater sites dispersed throughout the County. 4. The final project plan cost of $2,366,339 will be allocated back to the appropriate water and sewer systems that will benefit from the SCADA project. 5. No budget amendment is required. No General Fund appropriation required. FINANCE COMMITTEE (The vote for this motion appears on page 444.) *MISCELLANEOUS RESOLUTION #13221 BY: Planning and Building Committee, Jim Runestad, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS COMMUNITY & HOME IMPROVEMENT DIVISION 2013 ANNUAL ACTION PLAN AND CONSOLIDATED GRANT ACCEPTANCE FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) AND EMERGENCY SOLUTIONS GRANT (ESG) PROGRAMS WHEREAS the Oakland County Board of Commissioners authorized submittal of the Oakland County 2013 Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD); and WHEREAS the 2013 Annual Action Plan contains a consolidated Federal grant application for activities designed to accomplish the goals and objectives for the Community Development Block Grant (CDBG) Program, HOME Investment Partnerships (HOME) Program and the Emergency Solutions Grants (ESG) Program; and WHEREAS HUD by letter dated July 26, 2013 transmitted to the Community & Home Improvement Division a Program Year 2013 consolidated allocation of $6,868,762 including $5,135,462 for CDBG, $1,476,127 for HOME and $257,173 for ESG, for the period of May 1, 2013 through April 30, 2014; and WHEREAS this is the 39 th year of grant funding and acceptance for these programs; and WHEREAS total program revenue for the 2013 CDBG Program will be $5,635,462 including $5,135,462 grant allocation and $500,000 in estimated CDBG Revolving Loan Funds; and WHEREAS total program revenue for the 2013 HOME Program will be $2,058,256 including $1,476,127 HOME grant allocation, $332,129 grant match and $250,000 in estimated HOME Program Income; and WHEREAS funding for the HOME program match is appropriated in the Oakland County 2013 Adopted Budget; and WHEREAS total program revenue for the 2013 ESG Program will be the grant allocation of $257,173; and 441

6 WHEREAS the CDBG and ESG grants are 100 percent federally funded and no County funds are required; and WHEREAS fund schedules and program descriptions for the 2013 CDBG, HOME and ESG programs appear in Attachment A; and WHEREAS the grant currently funds 22 Special Revenue (SR) positions in the Economic Development & Community Affairs/Community & Home Improvement Division (# ); 40% of one (1) GF/GP Environmental Prog Coord (position # ) in Planning & Economic Development Division for an Emergency Solutions Grant (ESG) Coordinator; and 50% of one (1) GF/GP Accountant III (position # ) in the Management & Budget/Fiscal Services Division for grant accounting services; and WHEREAS the grant funds will cover the following positions in the Community & Home Improvement Division listed below as follows: 1 Com & Home Improvement Asst Grant Compliance & Program Coord Com & Home Improvement Coord /03231/03430/ Supv - Com & Home Impr Admin Serv Com & Home Improvement Tech / Supv - Com & Home Imp 00999/ Com & Home Imp Specialist / Housing Counselor Homeless Sv Supv Com & Home Imp Field Tech / Student Senior Com & Home Imp Spec Chief - Com & Home Imp Sr Com & Home Imp Field Tech / Manager - Com & Home Imp WHEREAS the CDBG, HOME and ESG grant agreements have been reviewed by County Executive Departments through the County grant review process (MR #13180); and WHEREAS acceptance of these grants does not obligate Oakland County to any future commitment; and WHEREAS Federal sequestration and continuing resolutions delayed Congressional Release of CDBG, HOME and ESG funds by two months imposing a constrained program year and an adverse impact on the County to meet federal spending performance requirements. To expedite release of funds and mitigate adverse impacts to the program, grant agreements were sent to the County Executive and Board of Commissioner s Chairperson for signature upon completion of the Grant Review Process but prior to completion of the Board of Commissioners Grant Acceptance process; and WHEREAS program budget amendments for 2013 CDBG Home Improvement Program Revolving Loan Fund and HOME Program Income actual amounts will be requested by resolution in 2014 after compilation of additional information and fiscal year closing; and WHEREAS the 2012 Annual Action Plan and Consolidated Grant Acceptance for CDBG, HOME and ESG (MR #07164) estimated Home Improvement Program Revolving Loan Fund revenue of $500,000 and Home Investment Partnership Act program income revenue of $250,000; and WHEREAS actual program year 2012 program income revenues from the Home Improvement Revolving Loan Fund totaled $592, and the HOME Program totaled $444,833. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts consolidated CDBG, HOME and ESG grant funding from the U.S. Department of Housing and Urban Development in the amount of $6,868,762, $500,000 in estimated Home Improvement Revolving Loan Funds, $250,000 in estimated HOME Program Income and HOME County match of $332,129 for a consolidated 2013 program year grant package totaling $7,950,891. BE IT FURTHER RESOLVED that the 2012 Annual Action Plan and Consolidated Grant Acceptance has been amended to reflect actual revenues generated through the CDBG Home Improvement Revolving Loan Fund totaling $592, and Home Investment Partnership Act totaling $444,833 during the program year period of May 1, 2012 through April 30, BE IT FURTHER RESOLVED that the future level of service, including personnel, will be contingent upon the level of Federal funding available for these programs. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes both the Board of Commissioners Chairperson and the County Executive to execute the grant agreements and to approve amendments and extensions up to fifteen (15) percent variance from the award, consistent with the agreement as originally approved. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE 442

7 Copy of Grant Review Sign Off Community and Home Improvement Division; Correspondence from Keith E. Hernandez, AICP Director Office of Community Planning and Development Detroit Field Office, Special Contract Conditions Fiscal Year 2013; Funding Approval/Agreement and Attachment A Excerpt from PY 2013 Annual Action Plan Incorporated by Reference. Original on file in County Clerk s office. FISCAL NOTE (MISC. #13221) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS COMMUNITY & HOME IMPROVEMENT DIVISION 2013 ANNUAL ACTION PLAN AND CONSOLIDATED GRANT ACCEPTANCE FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) AND EMERGENCY SOLUTIONS GRANT (ESG) PROGRAMS Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Oakland County Community and Home Improvement Division has received program year 2013 funding from the U.S. Department Housing and Urban Development for the CDBG, HOME, and ESG grants. 2. The total grant award of $7,950,891 includes $6,868,762 in federal CDBG, HOME and ESG, $500,000 in estimated Home Improvement Revolving Loan Funds, $250,000 in estimated HOME Program Income and HOME County match of $332, The Federal award of $6,868,762 is $422,425 more than the 2012 program year award of $6,446, Local County match of $332,129 (25%) is required for grant funding allocated to housing rehabilitation and/or new construction activities for HOME. 5. County Match of $332,129 is available in the Non-Departmental Grant Match line item of the FY 2013 Adopted Budget. No additional appropriation is required. 6. Indirect costs associated with this grant are not paid due to administrative and planning limits. 7. The grant currently funds 22 Special Revenue (SR) positions in the Economic Development & Community Affairs/Community & Home Improvement Division (# ) and 40% of one (1) GF/GP Environmental Prog Coord (position # ) in Planning & Economic Development Division for an ESG Coordinator; and 50% of one (1) GF/GP Accountant III (position # ) in the Management & Budget/Fiscal Services Division for grant accounting services. 8. The grants fund the following Community & Home Improvement Division positions listed below: 1 Com & Home Imp Asst Grant Compliance & Program Coord Com & Home Imp Coord /03231/03430/ Supv -Com & Home Imp Admin Serv Com & Home Improvement Tech / Supv - Com & Home Imp 00999/ Com & Home Imp Specialist / Housing Counselor Homeless Sv Supv Com & Home Imp Field Tech / Student Senior Com & Home Imp Spec Chief - Com & Home Imp Sr Com & Home Imp Field Tech / Manager - Com & Home Imp The 2012 Annual Action Plan and Consolidated Grant Acceptance has been amended to reflect actual funding generated through the CDBG Home Improvement Revolving Loan Fund of $592, and HOME Program Income of $444,833 for the program year period of May 1, 2013 through April 30, A FY 2013 Budget is amended as follows: GENERAL FUND (#10100) Expenditures Non-Dept. Grant Match ($332,129) Transfer Out 332, HOME INVESTMENT PARTNERSHIP FUND (#29711) REVENUE Project #GR Activity A Analysis Type GLB Operating Unit # Transfer In $282, Transfer In 49,

8 $332,129 Expenditures Housing Rehab Match $282, CHDO Match 49,819 $332, FINANCE COMMITTEE Vote on Consent Agenda: AYES: Dwyer, Gershenson, Gingell, Gosselin, Hoffman, Long, Matis, McGillivray, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic, Crawford. (19) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted. There were no items to report on the Regular Agenda for the Finance Committee. REPORT (MISC. #13146) BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS RECOGNIZING OCTOBER AS RESPECT LIFE MONTH IN OAKLAND COUNTY The General Government Committee, having considered the above titled resolution on August 19, 2013 hereby recommends that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #13146 BY: Commissioners Jim Runestad, District #6; Mike Bosnic, District #16; Mattie Hatchett, District #10 IN RE: BOARD OF COMMISSIONERS RECOGNIZING OCTOBER AS RESPECT LIFE MONTH IN OAKLAND COUNTY WHEREAS the Oakland County Board of Commissioners recognizes that people are the county s greatest resource; and WHEREAS our nation was founded upon the principle of valuing the individual rights of its citizens, as expressed in the Declaration of Independence that all people are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness ; and WHEREAS all citizens should be granted equal protection under the law, especially the most innocent and vulnerable; and WHEREAS a fundamental principle of our laws is the recognition that all individuals should be granted an equal opportunity regardless of age or background; and WHEREAS that unjust discrimination against the unborn is not consistent with those principles and beliefs; and WHEREAS organizations such as Right to Life and the many crisis pregnancy services in Oakland County contribute every day to saving the lives of the most innocent; and WHEREAS these organizations have contributed greatly to the great reduction in the number of abortions in Michigan in the past 20 years, therefore providing opportunity and basic human rights to many. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby recognizes October 2013 as Respect Life month in Oakland County and encourages all citizens to celebrate the value of human life and those who protect it every day. Chairperson, I move the adoption of the foregoing Resolution. 444

9 Moved by Long supported by Runestad the resolution be adopted. JIM RUNESTAD, MICHAEL SPISZ, BILL DWYER, BOB HOFFMAN, BOB GOSSELIN, MICHAEL GINGELL, MIKE BOSNIC, SHELLEY TAUB, CHRISTINE LONG, JEFF MATIS, TOM MIDDLETON, KATHY CRAWFORD, MATTIE HATCHETT Moved by Long supported by Runestad the General Government Report be accepted. A sufficient majority having voted in favor, the report was accepted. Discussion followed. Moved by Gershenson supported by Zack the resolution be amended as follows: Add BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners believe that abortions should remain safe, legal, and rare and that women should ultimately be able to make this very difficult personal decision in concert with their doctor and their family. Discussion followed. Chairperson Michael Gingell addressed the Board and stated that the amendment was not germane to the resolution. Discussion followed. Moved by Gershenson supported by Zack to object and over-rule Chairperson Michael Gingell. Vote on over-rule: AYES: Gershenson, McGillivray, Quarles, Woodward, Zack. (5) NAYS: Gingell, Gosselin, Hoffman, Long, Matis, Middleton, Runestad, Scott, Spisz, Taub, Weipert, Bosnic, Crawford, Dwyer. (14) A sufficient majority having not voted in favor, the objection to over-rule Chairperson Michael Gingell was denied. Discussion followed. Chairperson Michael Gingell called a brief recess. Chairperson Michael Gingell called the Board back to order. Moved by Woodward supported by Zack the resolution be amended as follows: Add BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners believe that women who are raped or victims of incest should not be forced by their government to carry out a pregnancy. Discussion followed. Chairperson Michael Gingell addressed the Board and stated that the amendment was not germane to the resolution. Discussion followed. 445

10 Moved by Woodward supported by Zack to object and over-rule Chairperson Michael Gingell. Vote on over-rule: AYES: McGillivray, Quarles, Woodward, Zack, Gershenson. (5) NAYS: Gingell, Gosselin, Hoffman, Long, Matis, Middleton, Runestad, Scott, Spisz, Taub, Weipert, Bosnic, Crawford. (13) A sufficient majority having not voted in favor, the objection to over-rule Chairperson Michael Gingell was denied. Discussion followed. Vote on resolution as it stands: AYES: Gosselin, Hoffman, Long, Matis, Middleton, Runestad, Scott, Spisz, Taub, Weipert, Bosnic, Crawford, Dwyer, Gingell. (14) NAYS: McGillivray, Quarles, Woodward, Zack, Gershenson. (5) A sufficient majority having voted in favor, the resolution as it stands was adopted. REPORT (MISC. #13211) BY: Planning and Building Committee, Jim Runestad, Chairperson IN RE: BOARD OF COMMISSIONERS DIGITIZING OF RESEARCH LIBRARY The Planning and Building Committee, having considered the above-titled resolution, reports with a recommendation that the resolution be adopted. Chairperson, on behalf of the Planning and Building Committee, I move the acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE REPORT (MISC. #13211) BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS DIGITIZING OF RESEARCH LIBRARY The General Government Committee, having considered the above titled resolution on August 19, 2013 hereby recommends that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #13211 BY: Commissioners Michael Gingell, District #3; and Michael Bosnic, District #16 IN RE: BOARD OF COMMISSIONERS DIGITIZING OF RESEARCH LIBRARY WHEREAS over the past several years the Oakland County Board of Commissioners has supported cost saving activities that have increased the efficiencies of the County Library including the public/private partnership with Cooley Law School to transfer the Law library to Cooley as well as the relationship with the City of Rochester Hills which transferred the library for the blind and physically impaired to the Rochester Hills library; and WHEREAS a special study group was formed in early 2012 to continue to seek opportunities to increase efficiencies relative to the County library as library services still account for over $1 million dollars in expenses per year; and WHEREAS it has been identified that long-term cost saving opportunities exist in relation to digitizing the Reference materials section of the Library and relocating the de minimis Law Library to another area of the Courthouse; and 446

11 WHEREAS there are currently approximately 70 linear feet of Research materials that need to be indexed and digitized, if appropriate, to reduce the space taken up by these materials and to examine the relocation of the de minimis law library to another area of the Oakland County Courthouse in order to reduce the Library footprint in a premium area of the Courthouse and allow another department to take on the expense of this floor space; and WEHREAS creating a digital archive of reference materials would increase the access to county government and improve library service; and WHEREAS the Oakland County Historical Resources Consortium has been working with Library staff on preparing for this type of solution for digitizing these materials and may have the capability of assisting with this project; and WHEREAS it is in the best interest of the taxpayers of Oakland County to review this matter and to develop options to increase efficiencies and reduce expenses. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners request that the matter be referred to the Planning and Building and General Government Committee for further review and that formal recommendations on this matter be referred back to the full Board within 60 days. MIKE BOSNIC, MICHAEL GINGELL, JOHN SCOTT, PHILIP WEIPERT, BOB HOFFMAN, SHELLEY TAUB, BILL DWYER, JEFF MATIS, KATHY CRAWFORD, CHRISTINE LONG, BOB GOSSELIN, MICHAEL SPISZ, DAVE WOODWARD, GARY MCGILLIVRARY, JANET JACKSON, MATTIE HATCHETT, NANCY QUARLES, TOM MIDDLETON, JIM RUNESTAD Moved by Long supported by Runestad the resolution be adopted. Moved by Long supported by Runestad the Planning and Building Committee Report and the General Government Committee Report be accepted. A sufficient majority having voted in favor, the reports were accepted. Vote on resolution: AYES: Hoffman, Long, Matis, McGillivray, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic, Crawford, Dwyer, Gershenson, Gingell, Gosselin. (19) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. REPORT (MISC. #13145) BY: General Government Committee, Christine Long, Chairperson RE: BOARD OF COMMISSIONERS SUPPORT FOR FULL FINANCIAL TRANSPARENCY AND DISCLOSURE OF THE MICHIGAN CATASTROPHIC CLAIMS ASSOCIATION FUNDS The General Government Committee, having considered the above titled resolution on August 19, 2013 hereby recommends that the resolution be amended as follows. MISCELLANEOUS RESOLUTION #13145 BY: Commissioner Bob Hoffman, District #2 IN RE: BOARD OF COMMISSIONERS SUPPORT FOR FINANCIAL TRANSPARENCY AND DISCLOSURE OF THE MICHIGAN CATASTROPHIC CLAIMS ASSOCIATION IN THE CONDUCT OF PUBLIC AFFAIRS 447

12 WHEREAS the Michigan Catastrophic Claims Association (MCCA), a private non-profit unincorporated association, was created by the state Legislature in 1978; and WHEREAS the MCCA was established by Public Act 136 of 1978, which amended the no-fault law by adding Section 3104 effective July 1, The Legislature created MCCA because insurance companies had difficulty obtaining reinsurance for Michigan s automobile no-fault policies, which provided for unlimited lifetime medical benefits for people who are catastrophically injured in auto accidents; and WHEREAS under Michigan s No-Fault Law, the MCCA reimburses auto no-fault insurance companies for each Personal Injury Protection (PIP) medical claim paid in excess of $530,000; and WHEREAS all auto insurance companies operating in Michigan are assessed to cover the catastrophic medical claims occurring in Michigan. Those assessments are generally passed on to auto insurance policyholders; and WHEREAS the assessment was $ per vehicle. The assessment is currently $ per vehicle; and WHEREAS the MCCA assessment will rise to $ per insured vehicle for the period July 1, 2013 to June 30, 2014; and WHEREAS the MCCA reports that it paid out $947 million more than $135 per insured car in 2012 for claim costs resulting from catastrophic injuries. The majority of these catastrophic claims involves closed-head and spinal cord injuries, multiple fractures, and back and neck injuries; and WHEREAS this proposal represents an increase of $11.00 (6%) from the current MCCA charge of $ and represents $ to cover anticipated new claims, $29.19 to address a $2 billion estimated deficit related to existing claims, and $0.37 for administrative expenses. WHEREAS in 2012, the MCCA had financial assets in excess of $14 billion. WHEREAS the MCCA as a fiduciary steward should be held to standards of transparency and accountability to protect the public s interest including: Basis and methodology of how annual per vehicle assessment rates are calculated. Oversight through the Office of the State Auditor General to ensure compliance with fiscal regulations, accountability and transparency under applicable laws. That tthe MCCA business be conducted at public meetings in compliance with Michigan s Open Meetings Act. subject to exceptions and limitations as set forth in the Act. And that tthe MCCA documents be subject to the requirements of Michigan s Freedom of Information Act, with reasonable limitations to protect individual privacy and information that would put members at a competitive disadvantage or threaten the financial wellbeing of the MCCA fund. WHEREAS the information contained in MCCA files includes identifiers such as social security numbers, birthdates and health information that could put the personal privacy rights and identities of Michigan citizens at risk; and WHEREAS laws such as the Health Insurance Portability and Accountability Act or HIPAA have been put in place to protect of individual s health care privacy; full compliance with these protections should be afforded to individual s concerning information produced by the MCCA; and WHEREAS the financial wellbeing of the MCCA fund is necessary to provide long term benefits for many Michigan citizens who need extensive treatment and rehabilitation. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, hereby supports disclosure and transparency of the Michigan Catastrophic Claims Association (MCCA) information and deliberations in the conduct of public affairs provided that adequate provisions are included to protect the security and privacy of members and rate payers. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby supports the passage of legislation to expand the coverage of the Open Meetings Act and the Freedom of Information Act to the Michigan Catastrophic Claims Association information and deliberations in the conduct of public affairs and urges the Michigan Legislature to adopt and Governor Snyder to sign this legislation. BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward copies of this adopted resolution to Governor Rick Snyder, the Michigan Catastrophic Claims Association (MCCA) Board of Directors and Executive Director, the Commissioner of Financial and Insurance Regulation, Oakland County s delegation to the Michigan Legislature, the Michigan Association of Counties, and Oakland County s lobbyists. Chairperson, we move the adoption of the foregoing resolution. 448

13 Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #13145 BY: Commissioner Bob Hoffman, District #2 IN RE: BOARD OF COMMISSIONERS SUPPORT FOR FULL FINANCIAL TRANSPARENCY AND DISCLOSURE OF THE MICHIGAN CATASTROPHIC CLAIMS ASSOCIATION FUNDS WHEREAS the Michigan Catastrophic Claims Association (MCCA), a private non-profit unincorporated association, was created by the state Legislature in 1978; and WHEREAS the MCCA was established by Public Act 136 of 1978, which amended the no-fault law by adding Section 3104 effective July 1, The Legislature created MCCA because insurance companies had difficulty obtaining reinsurance for Michigan s automobile no-fault policies, which provided for unlimited lifetime medical benefits for people who are catastrophically injured in auto accidents; and WHEREAS under Michigan s No-Fault Law, the MCCA reimburses auto no-fault insurance companies for each Personal Injury Protection (PIP) medical claim paid in excess of $500,000; and WHEREAS all auto insurance companies operating in Michigan are assessed to cover the catastrophic medical claims occurring in Michigan. Those assessments are generally passed on to auto insurance policyholders; and WHEREAS the assessment was $ per vehicle. The assessment is currently $ per vehicle; and WHEREAS the MCCA assessment will rise to $ per insured vehicle for the period July 1, 2013 to June 30, 2014; and WHEREAS the MCCA reports that it paid out $947 million more than $135 per insured car in 2012 for claim costs resulting from catastrophic injuries. The majority of these catastrophic claims involves closed-head and spinal cord injuries, multiple fractures, and back and neck injuries; and WHEREAS this proposal represents an increase of $11.00 (6%) from the current MCCA charge of $ and represents $ to cover anticipated new claims, $29.19 to address a $2 billion estimated deficit related to existing claims, and $0.37 for administrative expenses. WHEREAS in 2012, MCCA has financial assets in excess of $14 billion. WHEREAS MCCA as a fiduciary steward should be held to the highest standards of transparency and accountability including: The full disclosure on how annual per vehicle assessment rates are calculated. Additional oversight through an annual independent audit, with the results of that audit being reported to the Michigan State House and Michigan State Senate. Requirement that decisions to raise rates are subject to the approval of the Commissioner of the Office of Financial and Insurance Regulation and allowing for the rejection of increases deemed to be excessive. That MCCA business be conducted at public meetings in compliance with Michigan s Open Meetings Act. And that MCCA documents be subject to the requirements of Michigan s Freedom of Information Act. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, hereby supports full disclosure and transparency of Michigan Catastrophic Claims Association (MCCA) decisions. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby supports the passage of Senate Bills 102 and 103 and urges the Michigan Legislature to adopt and Governor Snyder to sign this legislation. BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward copies of this adopted resolution to Governor Rick Snyder, Michigan Catastrophic Claims Association (MCCA) Board of Directors and Executive Director, the Commissioner of Financial and Insurance Regulation, Oakland County s delegation to the Michigan Legislature, the Michigan Association of Counties, and Oakland County s lobbyists. Chairperson, we move the adoption of the foregoing resolution. 449

14 Moved by Long Supported by Quarles the resolution be adopted. BOB HOFFMAN, JOHN SCOTT, JIM MATIS, BILL DWYER, GARY MCGILLIVRARY, NANCY QUARLES, JANET JACKSON, MARCIA GERSHENSON, HELAINE ZACK, DAVE WOODWARD, TOM MIDDLETON Moved by Long supported by McGillivray the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Long supported by Quarles the resolution be amended to coincided with the recommendation in the General Government Committee Report. A sufficient majority having voted in favor, the amendment carried. Vote on resolution, as amended: AYES: Long, Matis, McGillivray, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hoffman. (19) NAYS: None. (0) A sufficient majority having voted in favor, the resolution, as amended, was adopted. MISCELLANEOUS RESOLUTION #13222 BY: General Government Committee, Christine Long, Chairperson IN RE: COUNTY EXECUTIVE/CORPORATION COUNSEL 2013 POSITION CHANGES WHEREAS Corporation Counsel has identified areas of need and areas where efficiencies can be realized; and WHEREAS recent staffing changes has provided an opportunity to better align staff for the services that need to be provided; and WHEREAS Corporation Counsel has reviewed its operations and has proposed staffing changes that would provide more stability to the Division s operations; and WHEREAS it is proposed to delete one (1) part time non-eligible 1,000 hours per year Assistant Corporation Counsel I (position # ); and WHEREAS it is proposed to downwardly reclassify one (1) Full-Time Eligible Financial Attorney Corporation Counsel (# ) to a Full Time Eligible Assistant Corporation Counsel I; and WHEREAS it is proposed to create one (1) GF/GP Full-Time Eligible Assistant Corporation Counsel I position in the Corporation Counsel unit (# ); and WHEREAS it is proposed to create one (1) GF/GP Part-Time Non-Eligible 450 hours per year Law Clerk position in Corporation Counsel (# ); and WHEREAS these changes are cost neutral to the General Fund budget. NOW THEREFORE BE IT RESOLVED the Board of Commissioners approves to delete one (1) Part- Time Non-Eligible 1,000 hours per year Assistant Corporation Counsel I (position # ). BE IT FURTHER RESOLVED to downwardly reclassify one (1) Full-Time Eligible Financial Attorney Corporation Counsel (# ) to a Full Time Eligible Assistant Corporation Counsel I. BE IT FURTHER RESOLVED to create one (1) GF/GP Full-Time Eligible Assistant Corporation Counsel I position in Corporation Counsel (# ). BE IT FURTHER RESOLVED to create one (1) GF/GP Part-Time Non-Eligible 450 hours per year Law Clerk position in the Corporation Counsel unit (# ). Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE The Chairperson referred the resolution to the Human Resources Committee and the Finance Committee. There were no objections. 450

15 REPORT BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS APPOINTMENTS TO THE OAKLAND COUNTY SOLID WASTE PLANNING COMMITTEE The General Government Committee, having considered these appointments on August 19, 2013, hereby recommends that the following individuals be appointed to the Oakland County Solid Waste Planning Committee for a two-year term beginning October 10, 2013 and ending October 11, Appointee Seat Designation John Myers Solid Waste Industry Mike Csapo Solid Waste Industry Kevin Kendall Solid Waste Industry VACANT Solid Waste Industry VACANT Industrial Waste Generator Jean Gramlich Environmental Interest Group VACANT Environmental Interest Group Robert Hoffman County Government Robert DePalma Township Government Claire Galed City Government Mary Ann Ryan General Public Steven Balagna General Public Steven Percival General Public Amy Mangus Regional Solid Waste Planning Agency (SEMCOG) 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 Forms for Appointment to Boards, Committees and Commissions for John C. Myers, Michael Csapo, Kevin Kendall, Jean Gramlich, Robert DePalma, Claire Galed, Mary Ann Ryan, Steven Balagna and Steven Percival on file in County Clerk s office. Moved by Long supported Zack the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Chairperson Michael Gingell asked if there were any other nominations. There were none. Moved by Long supported by Zack the appointments of John Myers, Mike Csapo, Kevin Kendall, Jean Gramlich, Robert Hoffman, Robert DePalma, Claire Galed, Mary Ann Ryan, Steven Balagna, Steven Percival, and Amy Mangus to the Solid Waste Planning Committee for a Two Year Term beginning October 10, 2013 and ending October 11, 2015 be confirmed. Vote on appointments: AYES: Matis, McGillivray, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hoffman, Long. (19) NAYS: None. (0) A sufficient majority having voted in favor, the appointments of John Myers, Mike Csapo, Kevin Kendall, Jean Gramlich, Robert Hoffman, Robert DePalma, Claire Galed, Mary Ann Ryan, Steven Balagna, Steven Percival, and Amy Mangus to the Solid Waste Planning Committee for a Two-Year Term beginning October 10, 2013 and ending October 11, 2015, were confirmed. There were no items to report on the Regular Agenda for the Human Resources Committee. 451

16 MISCELLANEOUS RESOLUTION #13223 BY: Planning and Building Committee, Jim Runestad, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT/DEPARTMENT OF CORPORATION COUNSEL APPROVAL OF LEASE FOR OAKLAND COUNTY BAR ASSOCIATION WHEREAS the Oakland County Board of Commissioners, via MR #07204, approved the lease of approximately 896 square feet of office space in the Oakland County Courthouse, West Wing Extension, Room 120 to the Oakland County Bar Association (OCBA); and WHEREAS that lease will expire on September 30, 2013, and has no options for renewal; and WHEREAS County Administration supports the continued presence of the OCBA in the West Wing Extension of the Courthouse and supports entering into a new lease with the OCBA for this space; and WHEREAS the Department of Facilities Management, with the assistance of Corporation Counsel, negotiated the terms and conditions in the attached lease; and WHEREAS the attached lease would commence on October 1, 2013, and expire on September 30, 2016, and could be extended, after the expiration of the term, on a year to year basis for up to three years; and WHEREAS pursuant to the terms and conditions in the attached lease, the OCBA would pay $17.50 per square foot annually for the space with increases or decreases based on County operation and maintenance costs as set by the Board of Commissioners on an annual basis; and WHEREAS the Department of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached lease 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 lease between the County of Oakland and the Oakland County Bar Association (OCBA) for 896 square feet of space in the West Wing Extension of the Oakland County Courthouse, First Floor of Building 14 East, Room 120. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs it Chairperson or his designee to execute the attached lease and all other related documents between the County and OCBA which may be required for the lease of such space. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Lease Agreement Between County of Oakland, a Michigan Municipal and Constitution Corporation and Oakland County Bar Association, a Non-Profit Corporation Incorporated by Reference. Original on file in County Clerk s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #13224 BY: Public Services Committee, Bill Dwyer, Chairperson IN RE: SHERIFF'S OFFICE CONTRACT AMENDMENT #1 FOR LAW ENFORCEMENT SERVICES IN THE CHARTER TOWNSHIP OF ORION WHEREAS the Charter Township of Orion has contracted with the Oakland County Sheriff's Office to provide law enforcement services for the Township (MR #12313); and WHEREAS paragraph 24 of this Contract provided that an amendment to this Contract must be approved by a resolution of the Oakland County Board of Commissioners and the Charter Township of Orion; and WHEREAS the Charter Township of Orion has approved a proposed amendment to the contract (Schedule A Deputies Contracted) which would add one (1) Deputy II (no-fill) effective September 21, 2013 to December 31, 2015 bringing the number of Deputy II (no-fill) from eighteen (18) to nineteen (19) and the total number of FTE contracts to twenty-six (26); and WHEREAS the Sheriff has agreed to add one (1) Deputy II (no-fill) for the Charter Township of Orion 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 452