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OAKLAND COUNTY

BOARD OF COMMISSIONERS

MINUTES November 12, 2009 Meeting called to order by Chairperson Bill Bullard, Jr. at 9:39 a.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called.

PRESENT: Bullard, Burns, Capello, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack. (24)

EXCUSED ABSENCE PER MISCELLANEOUS RESOLUTION #04228: Coleman. (1) Quorum present. Invocation given by Jim Nash. Pledge of Allegiance to the Flag. Moved by Middleton supported by Burns the minutes of the October 29, 2009 Board Meeting be approved. A sufficient majority having voted in favor, the minutes were approved. Moved by Jacobsen supported by Coulter the agenda be amended as follows: ITEMS NOT ON BOARD AGENDA GENERAL GOVERNMENT COMMITTEE

f. Board of Commissioners – Appointment to the Solid Waste Planning Committee – Township Government

(Reason for Suspension of General Government Committee, item f.: Waiver of Rule III. – Item was taken up by the General Government Committee immediately prior to today’s meeting. Also, move Public Services Committee, items j. and k. from the Consent Agenda to the Regular Agenda. Moved by Schwartz supported by Burns to move Human Resources Committee, items a. and b. from the Consent Agenda to the Regular Agenda. Vote on Agenda, as amended:

AYES: Burns, Capello, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard. (23) NAYS: None. (0)

A sufficient majority having voted in favor, the agenda, as amended, was approved.

Commissioners Minutes Continued. November 12, 2009

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Chairperson Bill Bullard, Jr. together with Commissioner Gary McGillivray presented a proclamation to the Senior Home Assistance Repair Program (SHARP) honoring them for providing a very valuable service to senior citizens and physically challenged individuals in our county through the generosity and commitment of more than 100 volunteers. Rich Collins from SHARP accepted the proclamation and addressed the Board. Chairperson Bill Bullard, Jr. introduced Eve Berousek, Board of Commissioners Secretary, and congratulated her on 35 years of service to Oakland County. He thanked her for all her hard work and knowledge. Eve Berousek addressed the Board. The following people addressed the Board during public comment: Alice Benbow, of Rochester Hills, John and Pauline Holeton, of Shelby Township, Commissioner David Woodward, Commissioner Shelley Taub, Commissioner Marcia Gershenson, Commissioner David Coulter (who recognized former State Representative and former County Commissioner Nancy Quarles, who was in attendance) and Commissioner Jeff Potter. Moved by Middleton supported by Gershenson the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). The vote for this motion appears on page 810. The resolutions on the Consent Agenda follow (annotated by an asterisk {*}): *MISCELLANEOUS RESOLUTION #09262 BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – FOURTH QUARTER 2009 DEVELOPMENT APPROPRIATION TRANSFER To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS all development cost is incorporated as a single appropriation within the non-departmental budget and then an amount equal to the actual expense is transferred to the user department with a summary report to the Finance Committee; and WHEREAS the Department of Information Technology has determined the Fourth Quarter 2009 development charges to be $1,207,251.22 and the imaging development charge to be $25,205.39 for the General Fund/General Purpose County departments; and WHEREAS direct charges to Special Revenue and Proprietary fund departments are $459,688.20, non-governmental imaging development are $17,535.48, and non-county agencies are $1,719.00 for the Fourth Quarter 2009; and WHEREAS an appropriation transfer to General Fund/General Purpose County departments is needed to fund these development charges. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners has reviewed the Fourth Quarter 2009 Development Report and approves the Fourth Quarter appropriation transfer as specified on the attached schedule. BE IT FURTHER RESOLVED that the respective departmental Fiscal Year 2009 budgets are to be amended as specified in the attached detail schedule. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.

FINANCE COMMITTEE Copy of Information Technology Development Summary 4th Quarter 2009 and Development/Support Detail – Fourth Quarter 2009 on file in County Clerk’s office. (The vote for this motion appears on page 810.)


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*REPORT (MISC. #09231) BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR MICHIGAN HOUSE BILL 5279 TO STREAMLINE ABSENTEE VOTING TO PROTECT THE VOTE FOR OVERSEAS MILITARY PERSONNEL To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered the above titled resolution on November 2, 2009, 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 #09231 BY: Commissioners Shelley Taub, District #16 and Janet Jackson, District #21 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR MICHIGAN HOUSE BILL 5279 TO STREAMLINE ABSENTEE VOTING TO PROTECT THE VOTE FOR OVERSEAS MILITARY PERSONNEL To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the highly respected, non-partisan Pew Center on the States named Michigan as one of 16 states failing its overseas troops by not allowing enough time for military personnel to return their votes to Michigan in time to be counted; and WHEREAS the study found that the majority of AV ballots requested by our overseas military never make it home in time to be counted, largely due to overseas mailing delays; and WHEREAS these are men and women who are overseas, away from their families and often risking their lives to protect our freedom. Michigan must take action to ensure their right to vote is protected here at home; and WHEREAS federal legislation has been introduced designed to streamline the overseas military system, but it is unclear whether that legislation will move forward; and WHEREAS Michigan owes it to our military men and women to take action now to implement common-sense changes that will safeguard their vote, with the full expectation that any improvements Michigan makes to the military voting system will help ensure the state is compliant should any new, federal guidelines be enacted in the future; and WHEREAS in response to the Pew Center report, Oakland County Clerk Ruth Johnson, Macomb County Clerk Carmella Sabaugh and Wayne County Clerk Cathy Garrett created OPERATION: OUR TROOPS COUNT earlier this year to push for changes that will ensure the votes of overseas military personnel are counted on Election Day and began working with State Representative Vince Gregory on legislation to remedy mailing delays; and WHEREAS at the county clerks’ request, State Rep. Vince Gregory introduced House Bill 5279 in August 2009 which would allow Michigan clerks to email/fax blank absentee ballots to overseas voters, streamlining the military voting system, reducing mailing time and postage costs; and WHEREAS more than 30 other states across the nation already allow this practice with appropriate safeguards and integrity built into the system. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports the brave men and women, who are stationed overseas to defend our country and to preserve freedom in foreign lands, and believe Michigan must provide them with every opportunity to exercise their basic democratic right to vote. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby urges the Michigan State Legislature to adopt House Bill 5279 that will allow state election officials to make blank ballots available by email, fax, or other electronic means to overseas voters. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners urges the Michigan State Legislature to adopt legislation that provides for a secure environment that protects the secrecy of the ballot, yet allows for the completed ballots of military personnel who are stationed overseas to be counted on Election Day.


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BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to Michigan Secretary of State Terri Lynn Land, the Oakland County delegation to the Michigan Legislature, Oakland County’s lobbyists and the Michigan Association of Counties. Chairperson, we move the adoption of the foregoing resolution.

SHELLEY TAUB, JANET JACKSON, JIM RUNESTAD, MATTIE HATCHETT, DAVID POTTS, HELAINE ZACK, JOHN SCOTT, DAVID WOODWARD, JEFF POTTER, TIM BURNS, KIM CAPELLO, DAVID COULTER, GARY McGILLIVRAY, JIM NASH, TIM GREIMEL, ERIC COLEMAN, CHRISTINE LONG, TOM MIDDLETON, BRADFORD JACOBSEN, MICHAEL GINGELL, ROBERT GOSSELIN, SUE ANN DOUGLAS, BILL BULLARD

(The vote for this motion appears on page 810.) *MISCELLANEOUS RESOLUTION #09263 BY: General Government Committee, Christine Long, Chairperson IN RE: HEALTH AND HUMAN SERVICES – HOMELAND SECURITY DIVISION – ACCEPTANCE FOR 2008 INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT PROGRAM – REGIONAL FIDUCIARY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS funding was released from the United States Department of Homeland Security, Federal Emergency Management Agency (FEMA) and the DHS Office of Emergency Communications (OEC) to the State of Michigan for the 2008 Interoperable Emergency Communications Grant Program (IECGP); and WHEREAS the State has awarded a 2008 IECGP grant to Region 2 in the State which includes, but is not limited to the following political subdivisions: City of Detroit and Macomb, Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties for the purposes of Homeland Security; and WHEREAS the Michigan Homeland Protection Board continues to support Regional Homeland Security Planning Boards to identify and prioritize how regionally awarded grant funds will be used; and WHEREAS the Regional Homeland Security Planning Board for Region 2 (“Region 2 Planning Board”) is comprised of the representatives from the above-listed political subdivisions; and WHEREAS the Region 2 Homeland Security Board is not a legal entity that can manage and distribute the grant funds and has selected Oakland County to serve as fiduciary and subgrantee for the 2008 Interoperable Emergency Communications Grant Program; and WHEREAS the region’s Interoperable Emergency Communications Grant Program award is $361,071.12 to be used to fund projects that strengthen interoperable communications capabilities in the areas of Leadership and Governance, Common Planning and Operational Protocols, and Emergency Responder Skills and Capabilities; and WHEREAS the grant agreement has been reviewed and approved through the County Executive contract review process; and WHEREAS Oakland County Corporation Counsel has developed the attached Interlocal agreement and exhibits to be used for the 2008 Interoperable Emergency Communications Grant Program. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the position of Fiduciary and Subgrantee for the 2008 Interoperable Emergency Communications Grant and accepts the grant funds in an amount up to $361,071.12 with no county match or in-kind contribution required. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves the attached Interlocal agreement and exhibits and authorizes its chairperson to execute such Agreement and all other related documents between Oakland County and the Political Subdivisions located in Region 2 of the State.


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BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the Grant Agreement and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original agreement as approved. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution.

GENERAL GOVERNMENT COMMITTEE Copy of Grant Review Sign Off – Homeland Security and State of Michigan 2008 Interoperable Emergency Communications Grant Program Grant Agreement on file in County Clerk’s office. 2008 INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT PROGRAM INTERLOCAL FUNDING AGREEMENT BETWEEN OAKLAND COUNTY AND [NAME OF POLITICAL SUBDIVISION] This Interlocal Funding Agreement ("the Agreement") is made between Oakland County, a Constitutional Corporation, 1200 North Telegraph, Pontiac, Michigan 48341 ("Fiduciary"), and the [Name and Address of Political Subdivision], a Michigan Municipal Corporation ("Political Subdivision"). In this Agreement the Fiduciary and the Political Subdivision may also be referred to individually as "Party" or jointly as "Parties." PURPOSE OF AGREEMENT. Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501, et seq., the Fiduciary and the Political Subdivision enter into this Agreement for the purpose of delineating the relationship and responsibilities between the Fiduciary, the Political Subdivision, and the Region 2 Planning Board regarding the 2008 Interoperable Emergency Communications Grant Program (“Grant Program”) and use of Grant Program funds, including but not limited to, the purchase, use, and tracking of equipment purchased with Grant Program funds, purchase or reimbursement of services with Grant Program funds, and/or reimbursement for certain salaries and/or overtime with Grant Program funds. Oakland County, Michigan was elected and appointed Fiduciary for the 2008 Interoperable Emergency Communications Grant Program by Region 2 Planning Board via a resolution dated August 19, 2009. Oakland County accepted the position of Fiduciary and as a result entered into the 2008 Interoperable Emergency Communications Grant Program Agreement with the State of Michigan and became the Subgrantee for the Grant Program. In consideration of the mutual promises, obligations, representations, and assurances in this Agreement, the Parties agree to the following: 1. DEFINITIONS. The following words and expressions used throughout this Agreement, whether used

in the singular or plural, within or without quotation marks, or possessive or nonpossessive, shall be defined, read, and interpreted as follows: 1.1. Agreement means the terms and conditions of this Agreement, the Exhibits attached hereto,

and any other mutually agreed to written and executed modification, amendment, or addendum.

1.2. Claim means any alleged loss, claim, complaint, demand for relief or damages, cause of action, proceeding, judgment, deficiency, liability, penalty, fine, litigation, costs, and/or expenses, including, but not limited to, reimbursement for attorney fees, witness fees, court costs, investigation expenses, litigation expenses, and amounts paid in settlement, which are imposed on, incurred by, or asserted against the Fiduciary or Political Subdivision, as defined herein, whether such claim is brought in law or equity, tort, contract, or otherwise.

1.3. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m. 1.4. Fiduciary means Oakland County, a Constitutional Corporation including, but not limited to,

its Board, any and all of its departments, divisions, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, volunteers, and/or any such persons successors.

1.5. Political Subdivision means the ___________, a Michigan Municipal Corporation including, but not limited to, its Council, Board, any and all of its departments, its divisions, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, subcontractors, attorneys, volunteers, and/or any such persons successors.

1.6. Region means the area comprised of the City of Detroit and Macomb, Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties. This Region mirrors the existing State emergency


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management district and the Office of Public Health Preparedness bio-defense network region.

1.7. Region 2 Homeland Security Planning Board (“Region 2 Planning Board”) means the Regional Homeland Security Planning Board for Region 2, as created by the Michigan Homeland Protection Board, and is comprised of the City of Detroit and Macomb, Monroe, Oakland, St Clair, Washtenaw, and Wayne Counties. The Region mirrors the existing State emergency management district and the Office of Public Health Preparedness bio-defense network region.

1.8. 2008 Interoperable Emergency Communications Grant Program (“Grant Program”) means the grant program described and explained in Exhibit B which began September 1, 2008 and ends August 31, 2010. The purpose of the Grant Program is improve local, tribal, regional, statewide, and national interoperable communications.

2. AGREEMENT EXHIBITS. The Exhibits listed below and their properly promulgated amendments are incorporated and are part of this Agreement. 2.1. Exhibit A – Region 2 Homeland Security Planning Board Resolution; re: 2008 Interoperable

Emergency Communications Grant Program Fiduciary; and 2.2. Exhibit B – 2008 Interoperable Emergency Communications Grant Program Agreement

between Fiduciary and the State; and 2.3. Exhibit C – Transfer of Ownership Agreement/Equipment Receipt and Acceptance; and 2.4. Exhibit D – Request for Reimbursement Forms.

3. FIDUCIARY RESPONSIBILITIES. 3.1. The Fiduciary shall comply with all requirements set forth in the Grant Program Agreement

between the Fiduciary and the State of Michigan. 3.2. The Fiduciary shall comply with all requirements set forth in the 2008 Interoperable

Emergency Communications Grant Program Guidance. 3.3. The Fiduciary shall purchase equipment with the Grant Program funds in accordance with the

Fiduciary’s purchasing policies and procedures. The Region 2 Planning Board shall determine what type of equipment will be purchased and who shall receive such equipment.

3.4. The Fiduciary shall create, maintain, and update a list/inventory of all equipment purchased with Grant Program funds beginning at the time the Grant Program Agreement is executed and ending three (3) years after the Grant Program is closed. The list/inventory shall include the following: (1) the equipment purchased; (2) the cost for each piece of equipment; (3) what Political Subdivision the equipment is transferred to; and (4) the physical location of the equipment.

3.5. The Fiduciary shall transfer ownership and legal title to the equipment purchased with Grant Program funds to Political Subdivisions, designated by the Region 2 Planning Board, via the Transfer of Ownership Agreement attached as Exhibit C. The Fiduciary’s Manager, Homeland Security Division shall execute the Transfer of Ownership Agreement on behalf of the Fiduciary and ________ shall execute the Transfer of Ownership Agreement on behalf of the Political Subdivision.

3.6. The Fiduciary shall notify each Political Subdivision at the end of the Fiduciary’s fiscal year of the dollar amount of equipment that has been transferred to the Political Subdivision.

3.7. The Fiduciary shall reimburse or purchase services for the Political Subdivision with Grant Program funds, as directed by the Region 2 Planning Board. Such funds shall only be transferred or services purchased after the applicable Request for Reimbursement Forms, attached as Exhibit D, are properly executed by the Parties. The Fiduciary’s Manager, Homeland Security Division shall execute the Forms on behalf of the Fiduciary and ______ shall execute the Forms on behalf of the Political Subdivision.

3.8. The Fiduciary shall reimburse the Political Subdivision, as directed by the Region 2 Planning Board, with Grant Program funds for salaries and overtime for Political Subdivision employees and/or agents. Such funds shall only be transferred after the applicable Request for Reimbursement Forms, attached as Exhibit D, are properly executed by the Parties. The Fiduciary’s Manager, Homeland Security Division shall execute the Forms on behalf of the Fiduciary and ____ shall execute the Forms on behalf of the Political Subdivision.


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3.9. The Fiduciary shall file this Agreement pursuant to law and provide executed copies of this Agreement to the Region 2 Planning Board Secretary and the applicable Political Subdivision.

4. POLITICAL SUBDIVISION RESPONSIBILITIES. 4.1. Upon receipt of equipment purchased with Grant Program funds, the Political Subdivision

shall execute the Transfer of Ownership Agreement, attached as Exhibit C, for each piece of equipment. The Political Subdivision will not obtain title to the equipment and will not be permitted to use the equipment until the Fiduciary receives an executed Transfer of Ownership Agreement. The Political Subdivision agrees to be bound by all terms and conditions of the Transfer of Ownership Agreement, attached as Exhibit C.

4.2. Upon execution of the Transfer Ownership Agreement, Exhibit C, the Political Subdivision shall be solely responsible for the equipment, including but not limited to the following: 4.2.1. Operation of the equipment; and 4.2.2. Maintenance and repair of the equipment; and 4.2.3. Replace or repair equipment which is willfully or negligently lost, stolen, damaged, or

destroyed; and 4.2.4. Investigate, fully document, and make part of the official Grant Program records any

loss, damage, or theft of equipment; and 4.2.5. Insurance for the equipment if required by law or if the Political Subdivision deems it

appropriate in its discretion; and 4.2.6. Training for use of the equipment, if training is not included with the purchase of the

equipment; and 4.2.7. Liability for all Claims arising out of the Political Subdivision’s use of the equipment.

4.3. The Political Subdivision shall comply with and shall use the equipment in accordance with the 2008 Interoperable Emergency Communications Grant Program Guidance.

4.4. The Political Subdivision shall keep the Fiduciary informed of the location of the equipment. If the equipment by its nature is mobile, the Political Subdivision must provide a general location or “home-base” where the equipment can be found. If the location of the equipment changes, the Political Subdivision shall provide the new location to the Fiduciary immediately. The information required by this Section shall be provided to the Fiduciary upon execution of the Transfer Ownership Agreement and continue until three (3) years after the close of this Grant Program.

4.5. The Political Subdivision shall list all equipment transferred to it pursuant to the Transfer Ownership Agreement on its Schedule of Expenditures of Federal Awards.

4.6. Except for equipment that is disposable or expendable, the Political Subdivision shall inform the Fiduciary if it plans to dispose of the equipment and work with the Fiduciary regarding any issues associated with disposal of the equipment.

4.7. The Political Subdivision shall be solely responsible for all costs, fines, and fees associated with the use and misuse of the equipment, including but not limited to, costs for replacing the equipment or costs, fines, or fees associated with an ineligible use determination by auditors.

4.8. The Political Subdivision shall make the equipment available to the Fiduciary and State and Federal Auditors upon request.

4.9. Prior to reimbursement for the purchase of services and/or for salaries or overtime, the Political Subdivision shall properly execute the applicable Request for Reimbursement Forms, attached as Exhibit D. The Political Subdivision shall not receive reimbursement for services, salaries, and/or overtime until all applicable Request for Reimbursement Forms are properly executed. The Fiduciary, in its sole discretion, shall determine if the Request for Reimbursement Forms are properly executed.

5. REGION 2 PLANNING BOARD RESPONSIBILITIES. The Parties agree and acknowledge that the Region 2 Planning Board shall have the following responsibilities: 5.1. Undertake studies and make recommendations on matters of emergency management and

homeland security to Political Subdivisions in the Region; and 5.2. Prepare and present to the State Homeland Security Advisory Council findings of activities

and initiatives undertaken in the Region; and 5.3. Hold public meetings, subject to the Michigan Open Meetings Act; and


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5.4. Perform such other acts or functions as it may deem necessary or appropriate to fulfill the duties and obligations imposed by Federal and State homeland security program requirements; and

5.5. Establish sub-committees to carry out its work; and 5.6. Advocate for, monitor, and actively engage in the implementation of the Regional Homeland

Security Strategy; and 5.7. Determine what type of equipment will be purchased with the Grant Program funds,

determine what equipment each Political Subdivision will receive, and convey this information to the Fiduciary immediately after such determinations are made.

6. DURATION OF INTERLOCAL AGREEMENT. 6.1. The Agreement and any amendments hereto shall be effective when executed by both

Parties with concurrent resolutions passed by the governing bodies of each Party and shall end three (3) years from the date the Grant Program is closed. The approval and terms of this Agreement and any amendments hereto shall be entered in the official minutes of the governing bodies of each Party.

7. ASSURANCES. 7.1. Each Party shall be responsible for its own acts and the acts of its employees, and agents,

the costs associated with those acts, and the defense of those acts. 7.2. The Parties have taken all actions and secured all approvals necessary to authorize and

complete this Agreement. The persons signing this Agreement on behalf of each Party have legal authority to sign this Agreement and bind the Parties to the terms and conditions contained herein.

7.3. Each Party shall comply with all federal, state, and local ordinances, regulations, administrative rules, laws, and requirements applicable to its activities performed under this Agreement, including but not limited to the Grant Program Agreement, attached as Exhibit B and the 2008 Interoperable Emergency Communications Grant Program Guidance.

8. TERMINATION OR CANCELLATION OF AGREEMENT. Either Party may terminate and/or cancel this Agreement upon thirty (30) Days notice to the other Party. The effective date of termination and/or cancellation shall be clearly stated in the notice. If this Agreement is terminated and/or cancelled, the Transfer of Ownership Agreements executed prior to the date of termination and/or cancellation, shall remain valid and govern the Parties’ duties and obligations regarding equipment transferred to the Political Subdivision and the Parties shall execute Transfer of Ownership Agreements for all equipment ordered by the Fiduciary prior to the date of termination and/or cancellation.

9. 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.

10. DISCRIMINATION. The Parties shall not discriminate against their employees, agents, applicants for employment, or another persons or entities with respect to hire, tenure, terms, conditions, and privileges of employment, or any matter directly or indirectly related to employment in violation of any federal, state or local law.

11. PERMITS AND LICENSES. Each Party shall be responsible for obtaining and maintaining, throughout the term of this Agreement, all licenses, permits, certificates, and governmental authorizations necessary to carry out its obligations and duties pursuant to this Agreement.

12. RESERVATION OF RIGHTS. This Agreement does not, and is not intended to waive, impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the Parties.

13. DELEGATION/SUBCONTRACT/ASSIGNMENT. Neither Party shall delegate, subcontract, and/or assign any obligations or rights under this Agreement without the prior written consent of the other Party.

14. 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.


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No waiver by either Party shall subsequently affect its right to require strict performance of this Agreement.

15. 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.

16. CAPTIONS. The section and subsection numbers, captions, and any index to such sections and subsections contained in this Agreement are intended for the convenience of the reader and are not intended to have any substantive meaning. 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 nonpossessive use in this Agreement shall be deemed the appropriate plurality, gender or possession as the context requires.

17. NOTICES. Notices given under this Agreement shall be in writing and shall be personally delivered, sent by express delivery service, certified mail, or first class U.S. mail postage prepaid, and addressed to the person listed below. Notice will be deemed given on the date when one of the following first occur: (1) the date of actual receipt; (2) the next business day when notice is sent express delivery service or personal delivery; or (3) three days after mailing first class or certified U.S. mail. 17.1. If Notice is sent to the Fiduciary, it shall be addressed and sent to: Oakland County Board of

Commissioners Chairperson, 1200 North Telegraph, Pontiac, Michigan 48341, with a copy to Oakland County Homeland Security Division, Manager, 1200 N. Telegraph Dept 410, Building 47 West, Pontiac, Michigan 48341.

17.2. If Notice is sent to the Political Subdivision, it shall be addressed to: 17.3. Either Party may change the address and/or individual to which Notice is sent by notifying the

other Party in writing of the change. 18. GOVERNING LAW. This Agreement shall be governed, interpreted, and enforced by the laws of the

State of Michigan. 19. AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications, amendments, recessions,

waivers, or releases to this Agreement must be in writing and executed by both Parties. 20. ENTIRE AGREEMENT. This Agreement represents the entire agreement and understanding

between the Parties. This Agreement supersedes all other oral or written agreements between the Parties. The language of this Agreement shall be construed as a whole according to its fair meaning, and not construed strictly for or against any Party.

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 Oakland County, and hereby accepts and binds the Oakland County to the terms and conditions of this Agreement. EXECUTED: ____________________________________ DATE: ______________ Chairperson Oakland County Board of Commissioners WITNESSED: ____________________________________ DATE: ______________ Clerk/Register of Deeds County of Oakland [Political Subdivision Signature Block] FISCAL NOTE (MISC. #09263) BY: Finance Committee, Tom Middleton, Chairperson IN RE: HEALTH AND HUMAN SERVICES – HOMELAND SECURITY DIVISION – ACCEPTANCE FOR 2008 INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT PROGRAM – REGIONAL FIDUCIARY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee, has reviewed the above referenced resolution, and finds:

1. The State of Michigan has awarded a 2008 Interoperable Emergency Communications Grant Program (IECGP) to Region 2, which includes, but is not limited to the following political


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subdivisions: City of Detroit and Macomb, Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties. The Region 2 Planning Board has selected Oakland County to serve as fiduciary and subgrantee for the 2008 Interoperable Emergency Communications Grant program award in an amount up to $361,071.12.

2. The grant period is September 1, 2008, through August 31, 2010. 3. The grant will be used to support projects that strengthen interoperable communications

capabilities within Region 2 in the areas of Leadership and Governance, Common Planning and Operational Protocols, and Emergency Responder Skills and Capabilities.

4. The following budget amendment is recommended to the FY 2010 Adopted Budget to recognize the grant award: FY 2010 FY 2010 Adopted Amended Budget Amend. Budget

FUND 29330 - GR0000000471 Revenues 1060601-115095-610313 Federal Grant Rev. $ -0- $361,071 $361,071 Expenditures – Urban Area Security Initiative 1060601-115095-731458 Prof. Serv. $ -0- $211,071 211,071 1060601-115095-750567 Training-Ed. Supp. -0- 75,000 75,000 1060601-115095-731241 Miscellaneous -0- 75,000 75,000 Total Expenditures $ -0- $361,071 $361,071

FINANCE COMMITTEE (The vote for this motion appears on page 810.) *MISCELLANEOUS RESOLUTION #09253 BY: Planning and Building Committee, John Scott, Chairperson IN RE: BUILDING AUTHORITY - RESOLUTION SUPPLEMENTING THE AUTHORIZATION GRANTED TO THE OAKLAND COUNTY BUILDING AUTHORITY TO FINANCE A PROJECT TO ACQUIRE FACILITIES LOCATED IN OAKLAND COUNTY, MICHIGAN TO BE USED BY THE OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Board of Commissioners (the "Board") of the County of Oakland, Michigan (the "County"), have approved a project to acquire various facilities located in the County of Oakland (the "Project") which are now being used by the Oakland County Community Mental Health Authority (the “CMHA”), all as more fully described in EXHIBIT A to a Lease Contract (as hereinafter defined), and a proposed Lease Contract between the County and the Oakland County Building Authority (the "Authority") dated as of December 1, 2006 (the "Lease Contract"), as amended pursuant to which the Authority has acquired, constructed, furnished, renovated and equipped part of the Project as contemplated by the terms of Act No. 31, Public Acts of Michigan, 1948 (First Extra Session), as amended ("Act 31"), and leased the Project to the County for a term not to exceed 50 years as permitted by Act 31; and WHEREAS some of the capital projects approved in the Lease Contract could not be undertaken; and WHEREAS there are several capital projects which can be substituted for those capital projects originally approved which could not be undertaken; and WHEREAS there has been prepared and attached hereto as APPENDIX I a form of Second Amendment to Lease Contract setting forth the capital projects which have been completed as well as those which will be added to the Project and removing those projects which can not be undertaken. NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland, Michigan, as follows:

1. The Second Amendment to Lease Contract in the form of APPENDIX I attached hereto is hereby approved, and the Chairman of the Board of Commissioners and the County Clerk are hereby authorized and directed to execute and deliver the same for and on behalf of the County. Final plans and project description shall be approved by the Planning and Building Committee of the Board of Commissioners before they are attached to the Lease Contract to be executed.


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2. All activities involved in the planning and construction of this Project under this resolution shall comply with the standing rules of the Board of Commissioners.

BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized fill in any blanks in Appendix I - prior to executing and filing this document with the Oakland County Clerk. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution.

PLANNING AND BUILDING COMMITTEE Copy of Lease Contract and Appendix A-1 on file in County Clerk’s office. FISCAL NOTE (MISC. #09253) BY: Finance Committee, Tom Middleton, Chairperson IN RE: BUILDING AUTHORITY – RESOLUTION SUPPLEMENTING THE AUTHORIZATION GRANTED TO THE OAKLAND COUNTY BUILDING AUTHORITY TO FINANCE A PROJECT TO ACQUIRE FACILITIES LOCATED IN OAKLAND COUNTY, MICHIGAN TO BE USED BY THE OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds:

1. The resolution authorizes the Second Amendment to the Lease Contract that sets forth the capital projects, including those projects completed, various capital projects to be added, and removing those projects that cannot be undertaken.

2. Appendix A-1 includes an updated list of properties and includes estimated capital improvement projects of $148,416 to be undertaken at the properties.

3. There are sufficient bonds monies remaining to cover the additional capital projects. No budget amendment is recommended.

FINANCE COMMITTEE (The vote for this motion appears on page 810.) *MISCELLANEOUS RESOLUTION #09254 BY: Planning and Building Committee, John Scott, Chairperson IN RE: BUILDING AUTHORITY – RESOLUTION APPROVING AN AMENDMENT TO SUBLEASE IN CONNECTION WITH A PROJECT TO ACQUIRE FACILITIES LOCATED IN OAKLAND COUNTY, MICHIGAN TO BE USED BY THE OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Board of Commissioners (the "Board") of the County of Oakland, Michigan (the "County"), have approved a project to acquire various facilities located in the County of Oakland (the "Project") which are now being used by the Oakland County Community Mental Health Authority (the “CMHA”), all as more fully described in EXHIBIT A to a Lease Contract (as hereinafter defined), and a proposed Lease Contract between the County and the Oakland County Building Authority (the "Authority") dated as of December 1, 2006 (the "Lease Contract"), as amended pursuant to which the Authority has acquired, constructed, furnished, renovated and equipped part of the Project as contemplated by the terms of Act No. 31, Public Acts of Michigan, 1948 (First Extra Session), as amended ("Act 31"), and leased the Project to the County for a term not to exceed 50 years as permitted by Act 31; and WHEREAS on June 27, 2007 the County and the Oakland County Community Mental Health Authority (“CMHA”) entered into a Sublease under which the County is the Lessor and CMHA is the Lessee of a Project which the Authority was to acquire which included various capital projects to be undertaken by the Authority, leased to the County and thereafter subleased by the County to CMHA; and WHEREAS some of the capital projects approved in the Sublease could not be undertaken; and WHEREAS there are several capital projects which can be substituted for those capital projects originally approved which could not be undertaken; and


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WHEREAS there has been prepared and attached hereto as APPENDIX I a form of Amendment to Sublease setting forth the capital projects which have been completed as well as those which will be added to the Project and removing those projects which can not be undertaken. NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland, Michigan, as follows:

1. The Amendment to Sublease in the form of APPENDIX I attached hereto is hereby approved, and the Chairman of the Board of Commissioners and the County Clerk are hereby authorized and directed to execute and deliver the same for and on behalf of the County.

BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized fill in any blanks in Appendix I – prior to executing and filing this document with the Oakland County Clerk. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Amendment to Sublease and Appendix A-1 on file in County Clerk’s office. FISCAL NOTE (MISC. #09254) BY: Finance Committee, Tom Middleton, Chairperson IN RE: BUILDING AUTHORITY – RESOLUTION APPROVING AN AMENDMENT TO SUBLEASE IN CONNECTION WITH A PROJECT TO ACQUIRE FACILITIES LOCATED IN OAKLAND COUNTY, MICHIGAN TO BE USED BY THE OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds:

1. The resolution authorizes the amendment to the Sublease with Oakland County Community Mental Health Authority (CMHA) in order to update the capital projects to be undertaken by CMHA.

2. Appendix A-1 includes an updated list of properties and includes estimated capital improvement projects of $148,416 to be undertaken at the properties.

3. The Sublease provides for the repayment of the principal and interest payments from CMHA to Oakland County.

FINANCE COMMITTEE (The vote for this motion appears on page 810.) *MISCELLANEOUS RESOLUTION #09264 BY: Planning and Building Committee, John Scott, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS/WASTE RESOURCE MANAGEMENT - ACCEPTANCE OF UNITED STATES ENVIRONMENTAL PROTECTION AGENCY BROWNFIELD CONSORTIUM ASSESSMENT GRANT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution #99252, "Board of Commissioners - Amendments to the Grants Procedures", the Waste Resource Management Unit of the Department of Economic Development and Community Affairs, as part of the Oakland County Brownfield Consortium, has applied to the United States Environmental Protection Agency (EPA) for a Brownfield Consortium Assessment grant to perform environmental assessment work on Brownfield properties in the amount of $1,000,000; and WHEREAS Oakland County has partnered with the Cities of Farmington Hills, Ferndale, Hazel Park, Madison Heights and Pontiac to form the Oakland County Brownfield Consortium; and WHEREAS the EPA has awarded the Oakland County Brownfield Consortium a $1,000,000 grant, the same amount as the application, for the period starting in 2009; and WHEREAS the Cities of Farmington Hills, Ferndale, Hazel Park, Madison Heights and Pontiac will enter into a memorandum of agreement with Oakland County pertaining to this grant; and


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WHEREAS the Cities of Farmington Hills, Ferndale, Hazel Park, Madison Heights and Pontiac will have $100,000 each to spend on environmental assessments on Brownfield sites in their cities as part of this grant; and WHEREAS the remaining $500,000 of the grant will be spent on environmental investigations on Brownfield sites located in the other cities, villages and townships not associated as part of the Oakland County Brownfield Consortium; and WHEREAS acceptance of the grant does not obligate the County to any future commitments; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process and the Board of Commissioners Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Brownfield Consortium Assessment grant from the U.S. EPA in the amount of $1,000,000. BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the grant agreement and to approve grant changes and extensions, within 15 percent of the original award, which are consistent with the original agreement. Chairperson, on behalf of the Planning & Building Committee, I move the adoption of the foregoing resolution.

PLANNING AND BUILDING COMMITTEE

Copy of Grant Review Sign Off – Economic Development and Community Affairs, U.S. Environmental Protection Agency Cooperative Agreement and Oakland County Brownfield Consortium Agreement on file in County Clerk’s office.

FISCAL NOTE (MISC. #09264) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS/WASTE RESOURCE MANAGEMENT – ACCEPTANCE OF UNITED STATES ENVIRONMENTAL PROTECTION AGENCY BROWNFIELD CONSORTIUM ASSESSMENT GRANT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds:

1. The resolution authorizes acceptance of a Brownfield Consortium Assessment Grant from the U.S. Environmental Protection Agency in the amount of $1,000,000.

2. Oakland County and the Cities of Farmington Hills, Ferndale, Hazel Park, Madison Heights, and Pontiac (collectively known as the Oakland County Brownfield Consortium) have formed a coalition for this assessment grant with Oakland County serving as the grant recipient.

3. Each of the five cities in the consortium will receive $100,000 to perform environmental investigations and Oakland County will receive the balance of $500,000 to perform Phase I and II environmental investigations on Brownfield sites located in other County municipalities not associated as part of the Oakland County Brownfield Consortium.

4. The award includes $994,000 for site assessment activities at sites contaminated by hazardous substances or by petroleum, $2,000 for site inventory and selection, $3,000 for administration, and $1,000 for community outreach and redevelopment activities.

5. The award is the same amount as the grant application. 6. The grant funding period is October 1, 2009 through September 30, 2012. 7. No county match or General Fund/General Purpose funding is required for the grant. 8. An amendment to the FY 2010 Special Revenue Budget for the Brownfield Consortium

Assessment Grant (Project # GR0000000472) is recommended as follows: FUND 29411 FY 2010 Revenues 1090201-174220-610313 Grants – Federal $1,000,000 Expenditures 1090201-174220-731073 Legal Services $ 4,000 1090201-174220-731458 Professional Services 990,000 1090201-174220-732018 Travel & Conference 5,000 1090201-174220-750399 Office Supplies 1,000


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Total Expenditures $1,000,000 $ 0

FINANCE COMMITTEE (The vote for this motion appears on page 810.) *MISCELLANEOUS RESOLUTION #09265 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF’S OFFICE – 2009 BULLETPROOF VEST PARTNERSHIP PROGRAM GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the U.S. Department of Justice, Bureau of Justice Assistance Programs, has awarded the Sheriff’s Office grant funding in the amount of $7,047, with a required 50% grant match of $7,047 for the grant year period of April 1, 2009 through September 30, 2011; and WHEREAS the grant allows reimbursement of costs incurred by the Sheriff’s Office for the purchase of approved bulletproof vests for deputies; and WHEREAS the acceptance of this grant does not obligate the County to any future commitment; and WHEREAS the continuation of the program is contingent upon future levels of reimbursement program funding. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the 2009 U.S. Department of Justice Bulletproof Vest Partnership Program Grant in the amount of $14,094, including $7,047 of grant funding and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached. BE IT FURTHER RESOLVED that the grant provides for a reimbursement of costs, and a 50% grant match of $7,047 is required. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.

PUBLIC SERVICES COMMITTEE

Copy of Grant Review Sign Off – Sheriff’s Office on file in County Clerk’s office. FISCAL NOTE (MISC. #09265) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF’S OFFICE – 2009 BULLETPROOF VEST PARTNERSHIP PROGRAM GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds:

1. The U.S. Department of Justice, Bureau of Justice Assistance Programs, awarded the Sheriff’s Office grant program funding in the amount of $14,094 including the grant award of $7,047.

2. The grant provides 50% reimbursement of costs incurred by the Sheriff’s Office for the purchase of approved bulletproof vests for deputies, and represents reimbursement of prior years cost of bulletproof vests purchased through the Sheriff’s GFGP budget.

3. The grant period is April 1, 2009 through September 30, 2011. 4. County matching funds of $7,047 is required, but no positions are required. 5. No budget amendment is recommended, as this is a 2009 reimbursement award, which offsets

the expenses incurred in FY 2009 for this program. FINANCE COMMITTEE (The vote for this motion appears on page 810.)


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*MISCELLANEOUS RESOLUTION #09266 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE – GRANT YEAR 2009 STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP) REIMBURSEMENT GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the United States Department of Justice, Bureau of Justice Assistance awarded Oakland County expenditure reimbursement funding in the amount of $72,448 for its State Criminal Alien Assistance Program; and WHEREAS the funding is reimbursement of Corrections Officers salaries (based on a prescribed formula) for those officers directly involved in the care and maintenance of alien inmates housed in the Oakland County Jail; and WHEREAS Oakland County has met the federal requirements necessary to accept the award; and WHEREAS the reimbursement period covers July 1, 2007 through June 30, 2008; and WHEREAS no county match is required; and WHEREAS the acceptance of this grant does not obligate the County to any future commitment; and WHEREAS the continuation of the program is contingent upon future levels of reimbursement program funding. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the Grant Year 2009 State Criminal Alien Assistance Program (SCAAP) Reimbursement award in the amount of $72,448 and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Grant Review Sign Off – Sheriff’s Office, Bureau of Justice Assistance, State Criminal Alien Assistance Program (SCAAP), FY 2009 SCAAP Guidelines and Application, Certifications and Standard Assurances on file in County Clerk’s office. FISCAL NOTE (MISC. #09266) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF’S OFFICE – GRANT YEAR 2009 STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP) REIMBURSEMENT GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds:

1. The United States Department of Justice, Bureau of Justice Assistance, awarded the Sheriff’s Office $72,448 in reimbursement funding for its State Criminal Alien Assistance Program.

2. The reimbursement period for Grant Year 2009 is July 1, 2007, through June 30, 2008. 3. No County match is required. 4. The Grant Year 2009 funding represents a 3% increase from Grant Year 2008 grant award of

$70,412. 5. The Sheriff’s Corrective Services revenue FY 2009 Budget reflects an anticipated award of

$82,000. 6. No budget amendment is recommended, as this is a 2009 reimbursement award, which offsets

the expenses incurred in FY 2009 for this program. FINANCE COMMITTEE

(The vote for this motion appears on page 810.)


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*REPORT (MISC. #09267) BY: Human Resources Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFF’S OFFICE – 2009–2012 EXPANDED JAIL ALLIANCE WITH SUPPORT FOR INMATES (JAWS) BYRNE JAG STIMULUS GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee having reviewed the above referenced resolution on November 4, 2009 reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing report. HUMAN RESOURCES COMMITTEE MISCELLANEOUS RESOLUTION #09267 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE – 2009-2012 EXPANDED JAIL ALLIANCE WITH SUPPORT FOR INMATES (JAWS) BYRNE JAG STIMULUS GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Sheriff’s Office established the Jail Alliance With Support (JAWS) program in 2004 through a grant from the Michigan Department of Community Health Office of Drug Control Policy; and WHEREAS the Michigan Department of Community Health has awarded the Oakland County Sheriff’s Department grant funding in the amount of $681,648 for the grant program year period of July 1, 2009 through September 30, 2012 which resumes funding halted in FY 2009; and WHEREAS the Community Health Authority (CMHA) has provided supplemental funding towards the JAWS program since 2006; and WHEREAS this grant award expands the existing post-booking jail diversion program (JAWS) to the female jail population who are experiencing addiction problems; and will include treatment readiness services, coordination with the Courts for a community re-integration plan diverting them from jail and 90 days of follow-up services; and WHEREAS this grant awards provides for the creation of two (2) SR 1,000 hours per year part-time-non-eligible (PTNE) Inmate Substance Abuse Technician positions in the Sheriff’s Office/Corrective Services Division/Inmate Program Services Unit; and WHEREAS this award provides for the continuation of one (1) GF/GP full-time eligible (FTE) Inmate Caseworker (Pos. #4030320-10729) and changes the funding from CMHA funding to Michigan Department of Community Health grant funding; and WHEREAS the funding arrangement between the Community Mental Health Authority (CMHA) and Oakland County for one-time funding for Fiscal Year 2009 JAWS program has been terminated; and WHEREAS CMHA agrees to continue partial funding in the amount of $64,468 for one (1) GF/GP full-time Inmate Caseworker (Pos.#4030320-06577) assigned to Inmate Program Services with funds being deposited into the General Fund; and WHEREAS the acceptance of this award does not obligate the County to any future commitment; and WHEREAS the continuation of the program is contingent upon future levels of funding; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process and the Board of Commissioners’ Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the 2009–2012 Expanded Jail Alliance with Support for Inmates grant award (Byrne JAG Stimulus) in the amount of $681,648 to continue the Jail Alliance with Support for Inmates with Co-occurring Disorders program and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreements, as attached. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners accepts the Fiscal Year 2010 CMHA Letter of Agreement in the amount of $64,468 and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached. BE IT FURTHER RESOLVED that to support the JAWS program two (2) SR part-time-non-eligible (PTNE) 1,000 hours per year Inmate Substance Abuse Technician positions be created in the Sheriff’s Office/Corrective Services Division/Inmate Program Services Unit.


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BE IT FURTHER RESOLVED that funding for one (1) GF/GP full-time eligible (FTE) Inmate Caseworker (Pos. #4030320-10729) be changed from GF/GP CMHA funding to SR grant funded status. BE IT FURTHER RESOLVED to continue one (1) GF/GP full-time Inmate Caseworker (Pos. #4030320-06577) in the Corrective Services-Detention Facilities Division/Inmate Program Services which is partially funded by CMHA through September 30, 2010. BE IT FURTHER RESOLVED that the continuation of this program and position(s) are contingent upon continued reimbursement funding. Chairperson, on behalf of the Public Services Committee, I move the adoption of the forgoing resolution.


Copy of Grant Review Sign Off – Sheriff’s Office, Grant Agreement Between Michigan Department of Community Health and County of Oakland, Purpose, Statement of Work, Program Budget Summary Byrne Memorial Formula and Local Law Enforcement Block Grant, Performance/Progress Report Requirements, Financial Status Report, Audit Status Notification Letter, Standard Assurances and Guidance to State Agencies Regarding the Use of Funds Received Under the American Recovery and Reinvestment Act (ARRA) on file in County Clerk’s office.

FISCAL NOTE (MISC. #09267) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF'S OFFICE – 2009-2012 EXPANDED JAIL ALLIANCE WITH SUPPORT FOR INMATES (JAWS) BYRNE JAG STIMULUS GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds:

1. The Michigan Department of Community Health, through the Office of Drug Control Policy, has awarded renewed grant funding to the Sheriff’s Office of $681,648 to continue its Jail Alliance With Support (JAWS) program that was halted last year.

2. Total grant program funding is $681,648 with no required County match. 3. Funding of $681,648 covers the period July 1, 2009 through September 30, 2012. 4. The Sheriff’s Office also received a Letter of Agreement from the Oakland County Community

Mental Health Authority (CMHA) to contribute funding in the amount of $64,468, which partially funds one (1) GF/GP Full-Time Inmate Caseworker (Pos. #06577) assigned to the Inmate Program Services.

5. CMHA agrees to provide this contributed funding arrangement for a one-year period from October 1, 2009 through September 30, 2010, at which time this funding arrangement will be evaluated for extension and renewal.

6. The total grant funding of $681,648 provides for the creation of two (2) SR PTNE 1,000 hour per year Inmate Substance Abuse Technician positions in the Sheriff’s Department/Corrective Services Division, Inmate Program Services Unit.

7. Funding for one (1) GF/GP FTE Inmate Caseworker (Pos. #4030320-10729) is changed from CMHA funding to Michigan Department of Community Health grant funding.

8. The grant award also funds $5,000 for Travel and Conference, $10,630 for Supplies and Materials, and $219,698 for Contractual Services from CMHA to perform treatment readiness groups.

9. A budget amendment to the Fiscal Year 2010, 2011, and 2012 Special Revenue budgets is recommended to recognize acceptance of the renewed grant funding as detailed in the attached Schedule.

FINANCE COMMITTEE (The vote for this motion appears on page 810.)


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*MISCELLANEOUS RESOLUTION #09268 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: OAKLAND COUNTY SHERIFF’S OFFICE - 2009 COPS TECHNOLOGY PROGRAM GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Sheriff’s Office along with CLEMIS of Oakland County has solicited and received federal funding under the U.S. Department of Justice - Office of Community Oriented Policing Services in the amount of $625,000 for the period of March 11, 2009 through March 10, 2012; and WHEREAS the acceptance of this grant for Oakland County Sheriff’s Office and CLEMIS of Oakland County will provide two types of Cogent Systems remote access wireless biometric identification devices to participating law enforcement agencies and supply additional hardware to enhance the internal AFIS (Automated Fingerprint Identification System); and WHEREAS the wireless devices will allow officers to capture fingerprint or mugshot images by capturing this information and transmitting it electronically to the AFIS (Automated Fingerprint Identification System) where it is analyzed for a match with a record on file; and WHEREAS the goal of this program is to streamline the means of processing searches from the wireless devices and to reduce the amount of time the officer waits for an identification response from the backend identification systems; and WHEREAS the grant award has been processed through the County Executive's Contract Review Process and the Board of Commissioners Grant Application Procedures; and WHEREAS the acceptance of this grant does not obligate the County to any future commitment. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the grant funding from the U.S. Department of Justice in the amount of $625,000 with no County match requirement; and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution PUBLIC SERVICES COMMITTEE Copy of Grant Review Sign Off - Sheriff’s Office, Letter Regarding Technology Program Grant #2009CKWX0358, Technology Program Grant Terms and Conditions, Law Enforcement Technology Financial Clearance Memo, Frequently Asked Questions, Memo from Fiscal Services Division and Budget Narrative on file in County Clerk’s office. FISCAL NOTE (MISC. #09268) BY: Finance Committee, Tom Middleton, Chairperson IN RE: OAKLAND COUNTY SHERIFF’S DEPARTMENT – 2009 COPS TECHNOLOGY PROGRAM GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds:

1. Oakland County Sheriff’s Office, along with CLEMIS of Oakland County, have been awarded grant funding from the U.S. Department of Justice – Office of Community Oriented Policing Services in the amount of $625,000 for the period of March 11, 2009 through March 10, 2012.

2. Grant funding will cover 100% of the equipment costs as well as the contractual services for installation of hardware and software modifications to the Automated Fingerprint Identification System (AFIS).

3. There are no additional personnel costs requested and no county match required. 4. A budget amendment is recommended to the Fiscal Year 2010 Special Revenue Budget as

follows: LAW ENFORCEMENT GRANT FUND #27420 Revenue FY 2010 1080305-116130-610314 Grants-Federal $625,000 Total Revenue $625,000


802

Expenditures 1080305-116130-760132 Capital-Computer Equip $529,461 1080305-116130-731458 Professional Services 95,539 Total Expenditure $625,000

FINANCE COMMITTEE (The vote for this motion appears on page 810.) *MISCELLANEOUS RESOLUTION #09269 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: CIRCUIT COURT/FRIEND OF THE COURT - 2010 ACCESS AND VISITATION GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the State Court Administrative Office (SCAO) has awarded the Friend of the Court grant funding in the amount of $21,500 for the period of October 1, 2009 through September 30, 2010; and WHEREAS this grant is for services to be performed in conjunction with HAVEN, which facilitates parenting time (visitation) for certain cases as determined by the Court; and WHEREAS matching funds are not required by the grant from HAVEN or the Oakland County Friend of the Court; and WHEREAS the contract has been approved in accordance with the County Executive’s review process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the FY 2010 Access and Visitation Grant. BE IT FURTHER RESOLVED that the Oakland County Friend of the Court will contract with HAVEN to provide services as detailed in the grant award. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute this agreement and to approve amendments and extensions up to fifteen (15%) percent variance from the award. BE IT FURTHER RESOLVED that continuation of this grant program is contingent upon the continuation of State funding. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.

PUBLIC SERVICES COMMITTEE Copy of Grant Review Sign Off – Friend of the Court and Agreement Between Michigan Supreme Court State Court Administrative Office and 6th Circuit Court, Oakland County Friend of the Court on file in County Clerk’s office. FISCAL NOTE (MISC. #09269) BY: Finance Committee, Tom Middleton, Chairperson IN RE: CIRCUIT COURT/FRIEND OF THE COURT – 2010 ACCESS AND VISITATION GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds:

1. The Oakland County Friend of the Court (FOC) has been awarded a Federal Access and Visitation Grant through the State Court Administrative Office (SCAO) in the amount of $21,500.

2. The grant period is October 1, 2009 through September 30, 2010. 3. The grant is for services to be performed in conjunction with agencies that facilitate parenting

time (visitation) for certain cases as determined by the court. 4. There is no General Fund fiscal obligation. 5. The FY 2010 Adopted Budget is $24,621 and therefore, a budget amendment of $3,121 is

recommended as follows:


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FUND 27120 – FOC ACCESS VISITATION: FY 2010 Grant # GR0000000282 Revenue 3010401-126030-615571 Grants-State ($3,121) ($3,121) Expenditure 3010401-126030-731458 Professional Services ($3,121)

($3,121) FINANCE COMMITTEE

(The vote for this motion appears on page 810.) *REPORT (MISC. #09270) BY: Human Resources Committee, Sue Ann Douglas, Chairperson IN RE: 52-2 DISTRICT COURT – FY 2010 MICHIGAN DRUG COURT PROGRAM – MICHIGAN STATE COURT ADMINISTRATIVE OFFICE (SCAO) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee having reviewed the above referenced resolution on November 4, 2009 reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing report. HUMAN RESOURCES COMMITTEE MISCELLANEOUS RESOLUTION #09270 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: 52-2 DISTRICT COURT – FY 2010 MICHIGAN DRUG COURT PROGRAM – MICHIGAN STATE COURT ADMINISTRATIVE OFFICE (SCAO) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the 52nd District Court, Division II (Clarkston) applied for a grant with the State Court Administrative Office (SCAO), Michigan Drug Court Grant Program effective October 1, 2009 through September 30, 2010; and WHEREAS the District Court was awarded $14,000, for a total program funding of $47,415; and WHEREAS this drug court was instituted to deal with the problems of increasing recidivism, increasing use of alcohol and illegal drugs, rising systems costs, and an increase in jail days ordered; and WHEREAS the Drug Court Program is on its sixth year of operation and currently is funded by the SCAO grant and Assessment Fees and Drug Court Treatment Fees revenue; and WHEREAS for FY10 the SCAO grant will provide limited funding to one (1) SR full-time eligible Probation Officer II position, #3020305-10317, that provides intensive probation supervision and frequent alcohol testing of defendants participating in the Drug Court Program; and WHEREAS to operate in a more cost-effective manner, Division II proposes to streamline the Drug Court Program by deleting the current full-time eligible SR Probation Officer II position effective November 5, 2009 and reassigning current Program caseload to an existing position, #3020305-07230, which will be partially reimbursed by the grant; and WHEREAS in addition the Court proposes the creation of two (2) GF/GP part-time non-eligible 1,000 hours per year Probation Officer I positions to assist the Probation Unit and the costs of these positions be offset by Assessment Fees and Drug Court Treatment Fees revenue; and WHEREAS program costs include supplies, travel, and conference. These costs are offset by the Drug Court Treatment fees, Assessment Fees and the SCAO grant award; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process and the Board of Commissioners’ Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the State Court Administrative Office (SCAO) Grant for the period of October 1, 2009 through September 30, 2010.


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BE IT FURTHER RESOLVED that one (1) GF/GP part-time non-eligible 1,000 hour per year Probation Officer I position be created in the Probation Unit of the 52-2 Clarkston District Court, and cost of this position will be offset by the Drug Court Treatment fee. BE IT FURTHER RESOLVED that one (1) GF/GP part-time non-eligible 1,000 hour per year Probation Officer I position be created in the Probation Unit of the 52-2 Clarkston District Court, and cost of this position will be offset by the Assessment fee. BE IT FURTHER RESOLVED that one (1) SR full-time eligible Probation Officer II position (#3020305-10317) be deleted effective November 5, 2009. BE IT FURTHER RESOLVED that one (1) GF/GP full-time eligible Senior Probation position (#3020305-07230) be partially reimbursed by the SCAO grant effective November 5, 2009 through September 30, 2010. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the contract agreement and that the chairperson may approve amendments and extensions up to fifteen (15%) percent variance from the award, consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant is conditioned upon continued interpretation of the contract consistent with the February 6, 2001, letter from the Michigan Supreme Court, State Court Administrative Office, providing that assurance #3 of that grant application shall not be construed as a mandate for future funding of the program from the funding unit, said letter attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that no expenditures are authorized until a grant agreement is fully executed with the County’s obligation limited to the grant funding period. BE IT FURTHER RESOLVED should Assessment Fees or the Drug Court Treatment Fees decrease, the two (2) positions will be evaluated and an alternative funding source will need to be identified, otherwise the positions will need to be deleted. BE IT FURTHER RESOLVED that continuation of the program and staffing associated with this grant is contingent upon continuation of State funding and receipt of additional funding sources. BE IT FURTHER RESOLVED that continuation of this grant does not obligate the County to any future commitment. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.


Copy of Grant Review Sign Off – 52/2 District Court, Michigan Supreme Court State Court Administrative Office Michigan Drug Court Grant Program 2010 Grant Contract, Letter Regarding FY 2010 Michigan Drug Court Grant Program Award 52-2 District Court – DWI Drug Treatment Court and Memorandums of Agreement on file in County Clerk’s office. FISCAL NOTE (MISC. #09270) BY: Finance Committee, Tom Middleton, Chairperson IN RE: 52-2 DISTRICT COURT – FY 2010 MICHIGAN DRUG COURT PROGRAM – MICHIGAN STATE COURT ADMINISTRATIVE OFFICE (SCAO) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds:

1. The 52nd District Court, Division II (Clarkston) has received a grant from the State Court Administrative Office (SCAO), Michigan Drug Court Program, for the period of October 1, 2009 through September 30, 2010.

2. The SCAO grant award is $14,000. The award combined with the General Fund Assessment Fee revenue of $33,415 equals the total program funding of $47,415.

3. Total resources of $47,415 are allocated as follows: Personnel of $43,465, Travel and Conference of $1,000, and Laboratory Supplies of $2,950.

4. The grant contract includes partial funding for one SR full-time eligible Probation Officer II position (#3020305-10317) for $12,050. This is for the period of October 1, 2009 through November 4, 2010.


805

5. The grant contract includes partial funding for one (1) GF/GP FTE Senior Probation Officer II position (3020305-07230) for $31,415. This is for the period of November 4, 2009 through September 30, 2010.

6. Currently, Assessment and Drug Treatment Court fees fund Clarkston’s Drug Court program for one SR FTE Probation Officer II position.

7. Included in the acceptance of the SCAO grant award is the proposal to delete one SR FTE Probation Officer II position of ($70,811), and re-appropriate these funds to create two (2) GF/GP PTNE Probation Officer I positions, totaling $39,074.

8. The above proposal generates $31,737 in GF/GP savings, which the court is requesting to place in their Budget Transition account.

9. A budget amendment is recommended to the Fiscal Year 2010 Budget to reflect the acceptance of FY 2010 SCAO grant award, delete one (1) SR FTE Probation Officer II position, create two (2) GF/GP Probation Officer I positions, and appropriate the savings from these actions into the Court’s Budget Transition account as detailed on Schedule A.

FINANCE COMMITTEE (The vote for this motion appears on page 810.) *MISCELLANEOUS RESOLUTION #09271 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: 52-1 DISTRICT COURT – FY 2010 MICHIGAN DRUG COURT PROGRAM - MICHIGAN STATE COURT ADMINISTRATIVE OFFICE (SCAO) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the 52nd District Court, Division I (Novi) applied for a grant with the State Court Administrative Office (SCAO), Michigan Drug Court Grant Program effective October 1, 2009 through September 30, 2010; and WHEREAS the application requested total program funding in the amount of $86,540 of which $80,510 was awarded, consisting of $4,200 in grant funding from SCAO, plus $76,310 in-kind support from the general fund, with no required cash match; and WHEREAS this is the ninth year of grant funding; and WHEREAS the court intends to continue the Drug Court to deal with the problems of increasing recidivism, increasing use of alcohol and illegal drugs, rising systems costs, and an increase in jail days ordered; and WHEREAS this grant no longer funds any positions, the in-kind support is currently budgeted in the general fund; and WHEREAS this grant award of $4,200 funds Ignition Interlock installation and travel expenses; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Michigan Drug Court Grant (MDCGP)/State Court Administrative Office. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the contract agreement and that the chairperson may approve amendments and extensions up to fifteen (15%) percent variance from the award, consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant is conditioned upon continued interpretation of the contract consistent with the February 6, 2001, letter from the Michigan Supreme Court, State Court Administrative Office, providing that assurance #3 of that year’s grant application shall not be construed as a mandate for future funding of the program from the funding unit, said letter attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that no expenditures are authorized until a grant agreement is fully executed with the County’s obligation limited to the grant funding period. BE IT FURTHER RESOLVED that continuation of this grant program is contingent upon continuation of State funding. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment.


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Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE

Copy of Grant Review Sign Off – 52-1 District Court, Michigan Supreme Court State Court Administrative Office Michigan Drug Court Grant Program 2010 Grant Contract, Letter Regarding FY 2010 Michigan Drug Court Grant Program Award 52-1 District Court – DWI Drug Treatment Court and Memorandums of Agreement on file in County Clerk’s office. FISCAL NOTE (MISC. #09271) BY: Finance Committee, Tom Middleton, Chairperson IN RE: 52-1 DISTRICT COURT – FY 2010 MICHIGAN DRUG COURT PROGRAM – MICHIGAN STATE COURT ADMINISTRATIVE OFFICE (SCAO) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds:

1. The 52nd District Court, Division I (Novi) has received a grant from the State Court Administrative Office (SCAO), Michigan Drug Court Program in the amount of $4,200 for the period of October 1, 2009, through September 30, 2010.

2. The total program budget is for $80,510, which includes an award from SCAO of $4,200, with $76,310 in General Fund in-kind support and no required County cash match.

3. This is the ninth year that the 52-1 Novi Drug Court has been awarded grant funding from SCAO. 4. The award of $4,200 continues funding for the Ignition Interlock service of $3,450 and travel of

$750. 5. A budget amendment is recommended to the FY 2010 Special Revenue Fund to reflect continued

funding from the SCAO, 52-1 District Court Drug Court grant: SCAO DRUG COURT 52-1 - FUND 27150 FY 2010 Project #GR0000000239 Activity A, Analysis Type GLB Revenues 3020201-121050-615571 Grants – State ( 800) ($ 800) Expenditures 3020201-121050-732018 Travel and Conference $ 225 3020201-121050-750280 Lab. Supplies ( 4,475) 3020201-121050-731458 Professional Services 3,450 ($ 800)

FINANCE COMMITTEE

(The vote for this motion appears on page 810.) *MISCELLANEOUS RESOLUTION #09272 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: 52-3 DISTRICT COURT – FY 2010 MICHIGAN DRUG COURT PROGRAM – MICHIGAN STATE COURT ADMINISTRATIVE OFFICE (SCAO) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the 52nd District Court, Division III (Rochester Hills) applied for a grant with the State Court Administrative Office (SCAO), Michigan Drug Court Grant Program effective October 1, 2009 through September 30, 2010; and WHEREAS the application requested total program funding in the amount of $137,258 of which $113,188 was awarded, consisting of $17,000 in grant funding from SCAO, plus $96,188 in-kind support from the general fund; and WHEREAS this is the 1st year of grant funding; and WHEREAS the court intends to continue the Drug Court to deal with the problems of increasing recidivism, increasing use of alcohol and illegal drugs, rising systems costs, and an increase in jail days ordered; and


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WHEREAS the grant agreement has been processed through the County Executive Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the State Court Administrative Office (SCAO) Grant for the period of October 1, 2009 through September 30, 2010. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the contract agreement and that the chairperson may approve amendments and extensions up to fifteen (15%) percent variance from the award, consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant is conditioned upon continued interpretation of the contract consistent with the February 6, 2001, letter from the Michigan Supreme Court, State Court Administrative Office, providing that assurance #3 of that year’s grant application shall not be construed as a mandate for future funding of the program from the funding unit, said letter attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that no expenditures are authorized until a grant agreement is fully executed with the County’s obligation limited to the grant funding period. BE IT FURTHER RESOLVED that continuation of this grant program is contingent upon continuation of State funding. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.


Copy of Grant Review Sign Off – 52/3 District Court, Michigan Supreme Court State Court Administrative Office Michigan Drug court Grant Program 2010 Grant Contract, Letter Regarding FY 2010 Michigan Drug Court Grant Program Award 52-3 District Court – DWI Drug Treatment Court and Memorandums of Agreement on file in County Clerk’s office. FISCAL NOTE (MISC. #09272) BY: Finance Committee, Tom Middleton, Chairperson IN RE: 52-3 DISTRICT COURT – FY 2010 MICHIGAN DRUG COURT PROGRAM – MICHIGAN STATE COURT ADMINISTRATIVE OFFICE (SCAO) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds:

1. The 52nd District Court, Division III (Rochester Hills) has received a grant from the State Court Administrative Office (SCAO), Michigan Drug Court Program in the amount of $17,000 for the period of October 1, 2009, through September 30, 2010.

2. The total program budget is for $113,188 which includes an award from SCAO of $17,000 with $96,188 in General Fund in-kind match.

3. This is the 1st year of SCAO grant funding. 4. The grant funds of $17,000 are allocated as follows: Professional Services $13,200, Supplies of

$2,300 and Travel and Conference of $1,500. 5. A budget amendment is recommended to the FY 2010 Special Revenue Fund to reflect funding

from the SCAO, 52-1 District Court Drug Court grant: SCAO DRUG COURT 52-3 - FUND 27165 FY 2010 Project #GR0000000468 Activity A, Analysis Type GLB Revenues 3020405-121050-615571 Grants – State $17,000 $17,000 Expenditures 3020405-121050-731458 Professional Service $13,200 3020405-121050-750294 Material and Supplies 2,300 3020405-121050-732018 Travel 1,500 $17,000

FINANCE COMMITTEE


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(The vote for this motion appears on page 810.) *MISCELLANEOUS RESOLUTION #09273 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: CIRCUIT COURT – FY 2010 JUVENILE AND ADULT DRUG COURT COMBINED SCAO GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Circuit Court applied for two grants with the State Court Administrative Office (SCAO), Michigan Drug Court Grant Program with a granting period of October 1, 2009 through September 30, 2010; and WHEREAS the SCAO grant awards, plus PA 511 Community Corrections contributed funds, Child Care Funds, DHS/BJJ funds, and general fund in-kind support make up the total program funding for FY 2010; and WHEREAS the court intends to continue the Adult and Juvenile Drug Courts to deal with the problems of increasing recidivism, increasing use of alcohol and illegal drugs, rising systems costs, and the increase in jail days ordered; and WHEREAS in addition, these awards provide funding for drug testing supplies and kits, contractual services for individual and family treatment, and transitional housing; and WHEREAS (4) four positions are partially funded by the Adult and Juvenile Drug Court grants. These positions are one (1) SR FTE Youth and Family Casework Supervisor position (3010402-9712), one (1) SR FTE Technical Assistant position (3010402-10677), and two (2) SR FTE Youth and Family Caseworker II positions (3010402-09711 & 3010402-9835); and WHEREAS the SCAO Juvenile Grant award is $29,250; and WHEREAS the SCAO Adult Drug Court grant award is $35,000; and WHEREAS all SCAO funding is limited to Drug Court participants as of September 30, 2009; and WHEREAS the contract has been approved in accordance with the County Executive’s Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the FY 2010 Adult and Juvenile Drug Court SCAO grant awards. BE IT FURTHER RESOLVED that acceptance of this grant is conditioned upon the continued interpretation of the contract consistent with the February 6, 2001, letter from the Michigan Supreme Court, State Court Administrative Office, providing that assurance #3 of that grant application shall not be construed as a mandate for future funding of the program from the funding unit, said letter attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that no expenditures are authorized until a grant agreement is fully executed with the County’s obligation limited to the grant funding period. BE IT FURTHER RESOLVED that continuation of the positions associated with this grant is contingent upon continuation of state funding, and receipt of additional funding sources. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the contracts and that the chairperson may approve amendments and extensions up to fifteen (15%) percent variance from the awards, consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.


Copy of Grant Review Sign Off – Circuit Court, Michigan Supreme Court State Court Administrative Office Michigan Drug Court Grant Program 2010 Grant Contract, Assurances, Letter Regarding FY 2010 Michigan Drug Court Grant Program Award 6th Circuit Court – Adult Drug Treatment Court, Letter Regarding Operation of the Adult Drug Treatment Court and the Juvenile Drug Treatment Court in Oakland County Absent Continued Prosecutor Support, Order Regarding the Establishment of an Adult Treatment Court, The 10 Key Components of Drug Treatment Courts as Promulgated by the National Association of Drug Court Professionals, The 10 Essential Elements of Mental Health Treatment Courts as Described by the Bureau of Justice Assistance (BJA), Oakland County Adult Treatment Court


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Probation Violation Track Memorandum of Understanding, and E-mail regarding Grant Review on file in County Clerk’s office. FISCAL NOTE (MISC. #09273) BY: Finance Committee, Tom Middleton, Chairperson IN RE: CIRCUIT COURT – FY 2010 JUVENILE AND ADULT DRUG COURT COMBINED SCAO GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds:

1. The Circuit Court has received two grants from the State Court Administrative Office (SCAO), Michigan Drug Court Program, for the period of October 1, 2009 through September 30, 2010.

2. Total funding of $743,498 is derived from the following sources: - Adult SCAO award (fund 27130) of $35,000. - Juvenile SCAO award (fund 27140) of $29,250. - Child Care Fund (20293) support of $516,648 for position costs, and controllable operating

costs. - General Fund (in-kind) support of $12,600. - PA 511 Community Corrections funds of $100,000 for contractual services. - Department of Human Services/Bureau of Juvenile Justice grant (DHS/BJJ) fund (27170) (in-

kind) grant funding support of $50,000 for contractual services for drug testing and therapy. 3. There are five (5) full time eligible positions to support both the Adult and Juvenile Drug Courts

totaling $383,649. These positions are proportionately funded as follows: - One (1) SR full-time eligible Youth and Family Casework Supervisor position (3010402-

09712) with the total personnel cost of $99,550. This position is funded as follows: Adult Drug Court SCAO funds totaling $21,181, Juvenile Drug Court SCAO funds totaling $10,146, and Child Care Funds totaling $68,223.

- One (1) SR full-time eligible Technical Assistant position (3010402-10677) with the total personnel cost of $63,963. This position is funded as follows: Adult Drug Court SCAO funds totaling $13,819, Juvenile Drug Court SCAO funds totaling $5,607, Child Care funds totaling $44,537.

- One (1) SR full-time eligible Youth and Family Caseworker II position (3010402-09711) with the total personnel cost of $95,899. This position is funded as follows: Juvenile Drug Court SCAO funds totaling $6,748, and Child Care Funds totaling $89,151.

- One (1) SR full-time eligible Youth and Family Caseworker II position (3010402-09835) with the total personnel cost of $95,899. This position is funded as follows: Juvenile Drug Court SCAO funds totaling $6,749, and Child Care Funds totaling $89,150.

- The approval of the Child Care fund contract per MR #09198 authorized the court to charge 20% of one (1) GF/GP Manager of Court Services position (3010402-07512) to the Child Care fund totaling $28,338. The County will receive a reimbursement of $14,169.

4. Total Operating Costs for the Adult and Juvenile Drug Court Program is $347,249. The Operating Costs consist of the following; Indirect Costs of $28,485, Personal Mileage of $15,795, Professional Services $259,969, Travel and Conference $2,000, Testing Materials $37,000, and Training and Education $4,000.

5. Oakland County’s in-kind contribution is estimated to be $12,600 for FY 2010. This amount is derived by estimating Judges’ time, Court Referees’ time, Support staffs’ time, and internal services spent on the drug courts. Please note the Judges Salaries are reimbursed by the State. All in-kind General Fund contributions are included in the FY 2010 Adopted Budget.

6. A FY 2010 budget amendment is recommended to reflect the SCAO grant awards, and to amend the Child Care Fund. (See Attached Schedule A)

FINANCE COMMITTEE

(The vote for this motion appears on page 810.)


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*MISCELLANEOUS RESOLUTION #09258 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE – ESTABLISHMENT OF JAIL BOARDING FEES – JANUARY 1, 2010 THROUGH DECEMBER 31, 2010 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution #03266, the Oakland County Board of Commissioners established daily jail boarding fee rates of $86.83 for 2004, $89.86 for 2005, $93.01 for 2006, $96.27 for 2007, and $99.64 for 2008; and WHEREAS by adoption of Miscellaneous Resolution #03266, the Board of Commissioners also continued the policy of not charging a daily jail boarding fee rate for the period 2004 through 2008 for the housing of prisoners for local units of government within Oakland County; and WHEREAS cost to house prisoners at the Oakland County Jail for 2010 have been estimated to correspond to the increase in the Law Enforcement Patrol Services Contract rates. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners establishes jail boarding fee rates for the housing of out-of-County prisoners at the Oakland County Jail of $105.26 per day for 2010. BE IT FURTHER RESOLVED that the Board of Commissioners continues the policy of not charging a daily rate for the housing of prisoners at the Oakland County Jail for local units of government within Oakland County for the period January 1, 2010 through December 31, 2010. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE FISCAL NOTE (MISC. #09258) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF'S OFFICE - ESTABLISHMENT OF JAIL BOARDING FEES - JANUARY 1, 2010 THROUGH DECEMBER 31, 2010 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds:

1. Miscellaneous Resolution #03266 authorized the establishment of Law Enforcement Services jail boarding fees for the period January 1, 2004 through December 31, 2008.

2. This resolution establishes Jail Boarding Fees for the twelve (12) month period January 1, 2010 through December 31, 2010.

3. The proposed Jail Boarding Fees are estimated at $105.26 per day for 2010, and continues the Board of Commissioners policy of not charging a daily rate for the housing of prisoners at the Oakland County Jail to local units of government within Oakland County.

4. No budget amendment is recommended at this time. FINANCE COMMITTEE

Vote on amended Consent Agenda:

AYES: Capello, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns. (24)

NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended 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.


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MISCELLANEOUS RESOLUTION #09274 BY: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION – ADDITIONAL ACTIONS TO INCREASE EFFICIENCY AND REDUCE COST To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Department of Health and Human Services/Health Division has proactively examined its operations and identified opportunities for cost savings and increased efficiency; and WHEREAS to realize these savings it has been determined that the Child Health Conference (Outreach) program can be closed, involving the deletion of one (1) GF/GP funded PTNE 1,000 hour per year Physician position, the transfer of three (3) FTE Auxiliary Health Worker positions to other programs and the change of funding from GF/GP to SR to utilize available CPBC grant funding; and WHEREAS the transfer of Auxiliary Health Worker positions is proposed to increase County services in the areas of WIC, TB Control, and Infant health; and WHEREAS the Outreach organizational unit (1060238) is no longer needed and can be deleted. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approve the proposed actions of the Department of Health and Human Services/Health Division as follows:

1. To delete one (1) GF/GP Physician, (PTNE 1,000 hours/year), position #1060238-07611 (Outreach unit).

2. To transfer the following Auxiliary Health Worker positions as follows: Position # From Location To Location From Fund To Fund 01328 1060238 1060284 (WIC) GF/GP (20221) SR (28553) 01752 1060238 1060235 (TB Control) GF/GP (20221) SR (28556) 06824 1060238 1060291 (Infant Promotion) GF/GP (20221) SR (28563)

3. To delete the Outreach (Child Heath Conference) unit (#1060238). 4. To adjust operating expenses to reflect closure of the Child Health Conference program.

BE IT FURTHER RESOLVED that the Fiscal Year 2010 Adopted Budget be amended to reflect the reorganization, position changes, and funding changes listed above. 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. REPORT (MISC. #09232) BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – URGE THE U.S. CENSUS BUREAU TO INCLUDE CITIZENSHIP STATUS ON THE 2010 CENSUS QUESTIONNAIRE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered the above titled resolution on November 2, 2009, recommends that the resolution be amended as follows: 1. Title.

IN RE: BOARD OF COMMISSIONERS – URGE THE U.S. CENSUS BUREAU TO INCLUDE CITIZENSHIP STATUS ON THE 2010 2020 CENSUS QUESTIONNAIRE

2. NOW THEREFORE BE IT RESOLVED paragraph. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners urges the Census Bureau to include citizenship status on the questionnaire for the 2010 2020 census.

Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report.



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MISCELLANEOUS RESOLUTION #09232 BY: Commissioners Shelley G. Taub, District #16 and Jim Runestad, District # 6 IN RE: BOARD OF COMMISSIONERS – URGE THE U.S. CENSUS BUREAU TO INCLUDE CITIZENSHIP STATUS ON THE 2010 CENSUS QUESTIONNAIRE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Article I Section 2 of the United States Constitution requires that a census be conducted every ten years; and WHEREAS the census is used to apportion seats in the House of Representatives, electoral votes, redraw congressional districts, and government program funding; and WHEREAS in fiscal year 2000, the Government Accounting Office (GAO) found that 85% of federal government obligations in grants to state and local governments were distributed on the basis of formulas that use data such as population and income; and WHEREAS federal programs that are distributed on the basis of population include, but are not limited to, Social Services Block Grant (SSBG), Workforce development, Community Development Block Grants (CDBG), Medicaid, Foster Care, Adoption Assistance, roads and transportation grants and others; and WHEREAS the census figures are based on actual counts of persons living in the United States, including citizens, non-citizen legal residents, non-citizen long-term visitors, and illegal immigrants; and WHEREAS the census questionnaires have evolved over time to include much more information about the population of the United States; and WHEREAS it is imperative to know how many residents are citizens and legal residents of the United States. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners urges the Census Bureau to include citizenship status on the questionnaire for the 2010 census. Chairperson, we move the adoption of the foregoing resolution.

SHELLEY TAUB, JIM RUNESTAD, JOHN SCOTT, BRADFORD JACOBSEN, DAVID POTTS, TOM MIDDLETON, JEFF POTTER, CHRISTINE LONG, MICHAEL GINGELL, SUE ANN DOUGLAS, KIM CAPELLO, ROBERT GOSSELIN, BILL BULLARD

Moved by Long supported by Taub the resolution be adopted. Moved by Long supported by Taub the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Long supported by Taub the resolution be amended to coincide with the recommendation in the General Government Committee Report. A sufficient majority having voted in favor, the amendment carried. Vote on resolution, as amended: AYES: Douglas, Gershenson, Gingell, Gosselin, Greimel, Jacobsen, Long, Middleton, Potter,

Potts, Runestad, Scott, Taub, Zack, Bullard, Burns, Capello. (17) NAYS: Coulter, Hatchett, Jackson, McGillivray, Nash, Schwartz, Woodward. (7) A sufficient majority having voted in favor, the resolution, as amended, was adopted. REPORT BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – APPOINTMENT TO THE SOLID WASTE PLANNING COMMITTEE – GENERAL PUBLIC To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:


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The General Government Committee, having considered appointment to the Solid Waste Planning Committee remaining General Public seat on November 2, 2009, hereby recommends that the following individual be appointed for a two-year term of October 12, 2009 – October 11, 2011.

General Public Richard Gutowski


GENERAL GOVERNMENT COMMITTEE Copy of Application Form for Appointment to Boards, Committees and Commissions and Resume of Richard T. Gutowski on file in County Clerk’s office. Moved by Long supported by Potter the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Long supported by Potter to nominate Richard Gutowski to the Solid Waste Planning Committee for a two-year term ending October 11, 2011. Chairperson Bill Bullard, Jr. asked if there were any other nominations. Moved by Hatchett supported by Schwartz to nominate Timothy Constant. Discussion followed. The vote for the appointment to the Solid Waste Planning Committee was as follows:

Douglas (Gutowski), Gershenson (Constant), Gingell (Gutowski), Gosselin (Gutowski), Greimel (Constant), Hatchett (Constant), Jackson (Constant), Jacobsen (Gutowski), Long (Gutowski), McGillivray (Constant), Middleton (Gutowski), Nash (Constant), Potter (Gutowski), Potts, (Gutowski), Runestad (Gutowski), Schwartz (Constant), Scott (Gutowski), Taub (Gutowski), Woodward (Constant), Zack (Constant), Bullard (Gutowski), Burns (Constant), Capello (Gutowski), Coulter (Constant). SUMMARY OF VOTES Richard Gutowski 13 Timothy Constant 11

A sufficient majority having voted in favor, the appointment of Richard Gutowski to the Solid Waste Planning Committee for a two-year term ending October 11, 2011 was confirmed. REPORT BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – APPOINTMENT TO THE SOLID WASTE PLANNING COMMITTEE – TOWNSHIP GOVERNMENT AND SEMCOG To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered appointment to the Solid Waste Planning Committee for the Township Government seat on November 12, 2009, hereby recommends that the following individual be appointed for a two-year term of October 12, 2009 – October 11, 2011.

Township Government (1) Robert DePalma, Supervisor, Groveland Township JoAnn VanTassel, Trustee, Orion Township, Designee (votes in the absence of the township government appointee)




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Copy of Application Form for Appointment to Boards, Committees and Commissions on file in County Clerk’s office. Moved by Long supported by Gingell the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Chairperson Bill Bullard, Jr. asked if there were any other nominations. There were none. Moved by Long supported by Gingell the appointments of JoAnn VanTassel, Orion Township Trustee, Township Government Representative; Robert DePalma, Groveland Township Supervisor, Designee; and Chuck Hersey, Manager, Environmental Programs to the Solid Waste Planning Committee for a two-year term ending October 11, 2011 be confirmed. Vote on appointment:

AYES: Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello, Coulter, Douglas. (24)

NAYS: None. (0) A sufficient majority having voted in favor, the appointments of JoAnn VanTassel, Robert DePalma, and Chuck Hersey to the Solid Waste Planning Committee for a two-year term ending October 11, 2011 were confirmed. MISCELLANEOUS RESOLUTION #09275 BY: Human Resources Committee, Sue Ann Douglas, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT - SALARY ADMINISTRATION PLAN 4th QUARTERLY REPORT FOR FY 2009 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Salary Administration Plan approved by the Board of Commissioners for Salary Grades 1 - 21 provides a process for departments and employees to request a review of the salary grade placement of classifications; and WHEREAS the 4th Quarterly Report for FY 2009 identifies the job studies conducted and the salary grade changes recommended by the Human Resources Department after completion of this review process; and WHEREAS funding is available in the Classification and Rate Change fund to implement GF/GP salary grade changes resulting from this Salary Administration Quarterly Report recommendations; and WHEREAS funding is available through Community & Home Improvement CDBG grants to implement salary grade changes resulting from recommended Special Revenue salary grade changes. NOW THEREFORE BE IT RESOLVED that the Oakland Board of Commissioners authorizes implementation of the Salary Administration Plan 4th Quarterly Report for FY 2009, which includes the following classification changes: FROM SALARY TO SALARY POSITION # CLASSIFICATION GRADE CLASSIFICATION GRADE 1090680-03354 Community & Home Improvement Specialist 11 Senior Community & Home Improvement Specialist 12 4030215-03273 Office Supervisor II 10 Supervisor – Sheriff’s Records 12 6010132-03424 Supervisor – Inspection Svcs 13 Supervisor – Construction Support & Drain Maintenance 14 Chairperson, on behalf of the Human Resources Committee, I move the adoption of the foregoing resolution. HUMAN RESOURCES COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections.


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MISCELLANEOUS RESOLUTION #09252 BY: Human Resources Committee, Sue Ann Douglas, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT FISCAL YEAR 2010 – 2012 LABOR AGREEMENT EMPLOYEES REPRESENTED BY THE OAKLAND PROSECUTORS INVESTIGATORS ASSOCIATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland and the Oakland County Prosecutor’s Investigators Association, have been negotiating a contract covering approximately six employees; and WHEREAS a three year agreement has been reached for the period October 1, 2009 through September 30, 2012, and said agreement has been reduced to writing; and WHEREAS this agreement provides for a 2.5% wage reduction for Fiscal Year 2010; and a wage and benefit re-opener for Fiscal Year 2011and 2012; and WHEREAS this agreement provides for the elimination of the $300 deferred compensation match effective January 2010; and WHEREAS the agreement has been reviewed by your Human Resources Committee, which recommends approval of the agreement. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the proposed agreement between the County of Oakland and the Oakland County Prosecutor’s Investigators Association, covering the period of October 1, 2009, through September 30, 2012, and that the Board Chairperson on behalf of the County of Oakland, is authorized to execute said agreement as attached. Chairperson, on behalf of the Human Resources Committee, I move the adoption of the foregoing resolution. HUMAN RESOURCES COMMITTEE Copy of the County of Oakland and the Oakland County Prosecutor and Oakland County Prosecutor’s Investigators Association Collective Bargaining Agreement 2009-2012, Appendix A and Appendix B on file in County Clerk’s office. FISCAL NOTE (MISC. #09252) BY: Finance Committee, Tom Middleton, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT FISCAL YEAR 2010-2012 LABOR AGREEMENT EMPLOYEES REPRESENTED BY THE OAKLAND PROSECUTOR’S INVESTIGATORS ASSOCIATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds:

1. The County of Oakland and the Oakland County Prosecutor’s Investigators Association have previously negotiated a contract covering approximately six (6) employees (Miscellaneous Resolution #08229) for the period October 1, 2008 through September 30, 2009.

2. The County of Oakland and the Oakland County Prosecutor’s Investigators Association, Bargaining Unit #042 have agreed to a contract agreement for the three (3) year period October 1, 2009 through September 30, 2012.

3. The employees represented by this bargaining unit will receive the same salary and fringe benefit modifications as general non-represented County employees for FY 2010.

4. FY 2011 and FY 2012 are wage reopeners. 5. The Fiscal Year 2010 salary and related fringe benefit cost are reduced 2.5% with yearly re-

opener reviews for Fiscal Year 2011 and 2012. 6. This agreement also provides for the elimination of the $300 deferred compensation match

effective January 2010. 7. The General Fund reduction is $7,104 (Salary $4,512, Fringe Benefits $2,592) with the remaining

portion of the savings being absorbed by Prosecutor CRP grant funding in the amount of $6,850. 8. The 2.5% wage reduction and reduction in Deferred Compensation is included in the FY 2010

Adopted Budget.


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9. No budget amendment is recommended at this time. If necessary, an adjustment will be made to the FY 2011 and FY 2012 Budgets pending the outcome of the yearly re-opener reviews.

FINANCE COMMITTEE Moved by Douglas supported by Gingell the resolution (with fiscal note attached) be adopted. Discussion followed.

Vote on resolution: AYES: Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton,

Nash, Potter, Potts, Runestad, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello, Coulter, Douglas, Gershenson. (23)

NAYS: Schwartz. (1) A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted. MISCELLANEOUS RESOLUTION #09276 BY: Human Resources Committee, Sue Ann Douglas, Chairperson IN RE: HUMAN RESOURCES - FISCAL YEAR 2010 COLLECTIVE BARGAINING AGREEMENT EXTENSION FOR EMPLOYEES REPRESENTED BY AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES (A.F.S.C.M.E.) COUNCIL 25 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland and AFSCME Council 25 have negotiated an extension of the current collective bargaining agreement for Fiscal Year 2010, for approximately five Board of Commissioner employees; and WHEREAS a one year agreement has been reached for the period October 1, 2009 through September 30, 2010; and WHEREAS this agreement provides for a 2.5% wage reduction for Fiscal Year 2010; and WHEREAS this agreement provides for the elimination of the $300 deferred compensation match effective January 2010; and WHEREAS the agreement has been reduced to writing in the form of a Memorandum of Agreement; and WHEREAS this agreement has been reviewed by your Human Resources Committee, which recommends its approval. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the proposed agreement between the County of Oakland and AFSCME Council 25 covering the period of October 1, 2009, through September 30, 2010, and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached. Chairperson, on behalf of the Human Resources Committee, I move the adoption of the foregoing resolution.

HUMAN RESOURCES COMMITTEE

Copy of Memorandum of Agreement on file in County Clerk’s office. FISCAL NOTE (MISC. #09276) BY: Finance Committee, Tom Middleton, Chairperson IN RE: HUMAN RESOURCES – FISCAL YEAR 2010 COLLECTIVE BARGAINING AGREEMENT EXTENSION FOR EMPLOYEES REPRESENTED BY AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES (A.F.S.C.M.E.) COUNCIL 25 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds:

1. The County of Oakland and AFSCME Council 25 have negotiated an extension of the current collective bargaining agreement for Fiscal Year 2010 for participating Board of Commissioner employees.


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2. The agreement provides for a 2.5% wage reduction effective with the pay period beginning September 26, 2009. The collective bargaining agreement extension covers the period of October 1, 2009 through September 30, 2010. The agreement also provides for the elimination of the $300 deferred compensation match effective January 1, 2010.

3. The 2.5% wage reduction for all positions totals approximately $7,437 (Salaries $5,297 and Fringe Benefits $2,140) and has been included in the FY 2010 Adopted Budget, along with the reduction in Deferred Compensation. Therefore, no amendment is recommended.

FINANCE COMMITTEE Moved by Douglas supported by Gingell the resolution (with fiscal note attached) be adopted. AYES: Gosselin, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts,

Runestad, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello, Coulter, Douglas, Gershenson, Gingell. (22)

NAYS: Schwartz. (1) A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted. REPORT (MISC. #09255) BY: Finance Committee, Tom Middleton, Chairperson IN RE: WATER RESOURCES COMMISSIONER – OAKLAND-MACOMB INTERCEPTOR DRAIN DRAINAGE DISTRICT FULL FAITH AND CREDIT RESOLUTION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above-referenced resolution, on November 5, 2009, recommends that the resolution, under the NOW THEREFORE BE IT RESOLVED paragraph, paragraph 3. be amended as follows:

3. “The County Executive, as the Chief Administrative Officer of the County, and the County Treasurer or the financial consultant, Municipal Financial Consultants, is are authorized to file with the Department of Treasury of the State of Michigan on behalf of the County an Application for the State Treasurer's Approval to Issue Bonds with respect to the Bonds. “

Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report. FINANCE COMMITTEE

MISCELLANEOUS RESOLUTION #09255 BY: Planning and Building Committee, John Scott, Chairperson IN RE: WATER RESOURCES COMMISSIONER - OAKLAND-MACOMB INTERCEPTOR DRAIN DRAINAGE DISTRICT FULL FAITH AND CREDIT RESOLUTION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to a petition which was filed with the Director of the Michigan Department of Agriculture on June 18, 2009 by the Charter Township of Clinton of Macomb County, through the Macomb County Public Works Commissioner, and on June 22, 2009 by the Charter Township of Independence of Oakland County, through the Oakland County Water Resources Commissioner, proceedings have been carried out by the Drainage Board for the Oakland-Macomb Interceptor Drain Drainage District (the “Drainage District”) for the financing and construction of certain projects, said projects having been determined to be necessary for the public health; and WHEREAS pursuant to the authorization provided in Chapter 21 of the Drain Code, the Drainage Board of the Drainage District expects to provide for the issuance of one or more series of bonds to finance costs relating to the project described on Schedule I (the “Project”), and the costs of issuance of such bonds; and WHEREAS all or a portion of such bonds will be sold to the Michigan Municipal Bond Authority (“Authority”) under the State Revolving Fund Program; and


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WHEREAS such bonds will be payable in part from the collection of special assessments against public corporations in Oakland and Macomb Counties in the Drainage District, said special assessments to be duly confirmed as provided in the Drain Code; and WHEREAS pursuant to a Final Order of Apportionment dated September 1, 2009 adopted by the Drainage Board for the Drainage District, the cost of the Project has been apportioned against public corporations in Oakland County as follows: City of Auburn Hills (3.3059%), Independence Township (includes City of Clarkston) (3.1622%), City of Lake Angelus (0.0359%), City of Rochester (2.9035%), City of Rochester Hills (12.9326%), Oakland Township (2.0159%), Orion Township (4.6139%), Oxford Township (2.4184%), Village of Lake Orion (0.6612%), Village of Oxford (1.1499%), Waterford Township (13.4608%), and West Bloomfield Township (1.8398%); and WHEREAS pursuant to a Final Order of Apportionment dated September 1, 2009 adopted by the Drainage Board for the Drainage District, the cost of the Project has been apportioned against public corporations in Macomb County: Chesterfield Township (5.2273%), City of Fraser (2.2419%), City of Sterling Heights (16.2460%), City of Utica (0.9153%), Clinton Township (10.6143%), Harrison Township (2.9333%), Lenox Township (0.2566%), Macomb Township (includes Washington Township) (7.9141%), Shelby Township (4.6171%), and Village of New Haven (0.5341%); and WHEREAS the Drainage Board of the Oakland-Macomb Interceptor Drain, by resolution adopted October 13, 2009, authorized and provided for the issuance by the Oakland-Macomb Interceptor Drain Drainage District of its Drain Bonds, Series 2010A, in the aggregate principal amount of not to exceed $57,500,000 (the “Series 2010A Bonds”) to defray part of the costs of the Project; and WHEREAS in the future the Drainage Board may issue additional bonds to finance additional costs of the Project in an amount not to exceed $12,500,000 (the “Additional Bonds,” and together with the Series 2010A Bonds, the “Drain Bonds”); and WHEREAS Section 526 of Act 40, Public Acts of Michigan, 1956, as amended (the “Drain Code”), authorizes a county to pledge its full faith and credit for the payment of obligations issued under Chapter 21 of the Drain Code, if the county board of commissioners has adopted a resolution by two-thirds (2/3) vote of its members-elect to that effect; and WHEREAS the Series 2010A Bonds are to be designated Oakland-Macomb Interceptor Drain Drainage District Bonds (Limited Tax General Obligation), Series 2010A, with such modifications and other designations as may be approved by resolution of the Drainage Board, in an aggregate principal amount not to exceed $57,500,000, with such bonds expected to be issued in approximately January 2010, bearing interest at the rates and maturing in such amounts and at such times as may be determined pursuant to the resolution of the Drainage Board; and WHEREAS said Project is immediately necessary to protect and preserve the public health, and it is in the best interest of Oakland County that the Drain Bonds be sold and secured by a pledge of the full faith and credit of Oakland County, as authorized by Section 526 of the Drain Code; and WHEREAS the Board of Commissioners of Macomb County is expected to adopt a similar resolution pledging its full faith and credit for the payment of the Drain Bonds. NOW THEREFORE BE IT RESOLVED by the Oakland County Board of Commissioners:

1. Pursuant to the authorization provided in Section 526 of the Drain Code, the Oakland County Board of Commissioners, by a majority vote of at least two-thirds (2/3) of its members-elect, does hereby irrevocably pledge the full faith and credit of Oakland County for the prompt payment of the principal of and interest on the Drain Bonds, in one or more series, not to exceed in the aggregate $70,000,000, and does agree that in the event any public corporations in Oakland County shall fail or neglect to account to the Oakland County Treasurer for the amount of any special assessment installment and interest (in anticipation of which the bonds are issued) when due, then the amount thereof shall be advanced from the funds of Oakland County, and the Oakland County Treasurer is directed to make such advancement to the extent necessary.

2. In the event that, pursuant to said pledge of its full faith and credit Oakland County advances out of Oakland County funds all or any part of the principal and interest due on the bonds, it shall be the duty of the Oakland County Treasurer, for and on behalf of Oakland County, to take all actions and proceedings and pursue all remedies permitted or authorized by law for the reimbursement of such sums so paid.

3. The County Treasurer or the financial consultant, Municipal Financial Consultants, is authorized to file with the Department of Treasury of the State of Michigan on behalf of the County an Application for the State Treasurer's Approval to Issue Bonds with respect to the Bonds.


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4. The County Treasurer is authorized, if necessary, to approve the circulation of a preliminary and final official statement for the Bonds, to cause the preparation of those portions of the preliminary and final official statement that pertain to the County, and to do all other things necessary for compliance with Rule 15c2-12 issued under the Securities Exchange Act of 1934, as amended (the "Rule"). The County Treasurer is authorized to execute and deliver such certificates and to do all other things that are necessary to effectuate the sale and delivery of the Bonds.

5. The County Treasurer is hereby authorized, if necessary, to execute and deliver in the name and on behalf of the County (i) a certificate of the County to comply with the requirements for a continuing disclosure undertaking of the County pursuant to subsection (b)(5) of the Rule and (ii) amendments to such certificate from time to time in accordance with the terms of such certificate (the certificate and any amendments thereto are collectively referred to herein as the "Continuing Disclosure Certificate"). To the extent a Continuing Disclosure Certificate is executed and delivered, the County hereby covenants and agrees that it will comply with and carry out all of the provisions of such Continuing Disclosure Certificate. The remedies for any failure of the County to comply with and carry out the provisions of the Continuing Disclosure Certificate shall be as set forth therein.

6. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded.

Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution.

PLANNING AND BUILDING COMMITTEE Copy of Schedule I on file in County Clerk’s office. FISCAL NOTE (MISC. #09255) BY: Finance Committee, Tom Middleton, Chairperson IN RE: WATER RESOURCES COMMISSIONER - OAKLAND-MACOMB INTERCEPTOR DRAIN DRAINAGE DISTRICT FULL FAITH AND CREDIT RESOLUTION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds:

1. The Drainage Board for the Oakland-Macomb Interceptor Drain Drainage District is requesting that the Board of Commissioners pledge the full faith and credit of the County of Oakland for the payment of principal and interest on the Oakland-Macomb Interceptor Drain Drainage District Bonds, Series 2010A. Macomb County is expected to adopt a similar resolution pledging its full faith and credit.

2. Oakland and Macomb Counties will be secondary obligors with the Drainage District as primary obligor, with Special Assessments to the Public Corporations as determined by the Final Order of Apportionment percentages approved by the Drainage Board on September 1, 2009.

3. Chapter 21 of the Drain Code Section 526 of Act 40, Public Acts of Michigan, 1956, as amended (the Drain Code), authorizes the County Board of Commissioners to pledge its full faith and credit and requires a two-thirds vote of its members-elect.

4. The Drain Bonds for the series 2010A are not to exceed $57,500,000, and the Drainage Board may issue additional bonds in the amount not to exceed $12,500,000, for a grand total amount of $70,000,000 for design, construction of certain projects, and rehabilitation of the Oakland-Macomb Interceptor.

5. The Drain Bonds shall bear an interest rate and mature in such amounts and times pursuant to a resolution determined by the Drainage Board.

6. A total or a portion of the Drain Bonds will be sold to the Michigan Municipal Bond Authority under the Michigan Water Pollution Control Revolving Loan Program at approximately 2.500% interest.

7. The statutory limit for County debt is $6,785,898,614 (10% of State Equalized Value). As of October 21, 2009, the total pledged debt is $315,325,399 or approximately 0.46468% of the S.E.V.


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8. The estimated project cost of $70,000,000 will have 48.50% or $33,950,000 apportioned to Public Corporations within Oakland County and 51.50% or $36,050,000 to Public Corporations within Macomb County as indicated in the chart: PUBLIC CORPORATION PERCENT $ AMOUNT City of Auburn Hills 3.3059% $ 2,314,130 Independence Township (includes City of Clarkston) 3.1622% $ 2,213,540 City of Lake Angelus 0.0359% $ 25,130 City of Rochester 2.9035% $ 2,032,450 City of Rochester Hills 12.9326% $ 9,052,820 Oakland Township 2.0159% $ 1,411,130 Orion Township 4.6139% $ 3,229,730 Oxford Township 2.4184% $ 1,692,880 Village of Lake Orion 0.6612% $ 462,840 Village of Oxford 1.1499% $ 804,930 Waterford Township 13.4608% $ 9,422,560 West Bloomfield Township 1.8398% $ 1,287,860 Total Oakland County - Public Corporations 48.5000% $33,950,000 Total Macomb County - Public Corporations 51.5000% $36,050,000 Grand Total 100.0000% $70,000,000

9. The Public Corporations will pay for the Drain Bonds through a Special Assessment Roll for the Oakland-Macomb Interceptor Drain Project.

10. No budget amendment or General Fund appropriation is recommended. FINANCE COMMITTEE

Moved by Scott supported by Greimel the resolution (with fiscal note attached) be adopted. Moved by Scott supported by Greimel the Finance Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Scott supported by Greimel the resolution be amended to coincide with the recommendation in the Finance Committee Report. A sufficient majority having voted in favor, the amendment carried. Vote on resolution, as amended: AYES: Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts,

Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello, Coulter, Douglas, Gershenson, Gingell, Gosselin. (24)

NAYS: None. (0) A sufficient majority having voted in favor, the resolution (with fiscal note attached), as amended, was adopted. REPORT (MISC. #09277) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF CENTRAL SERVICES AND DEPARTMENT OF FACILITIES MANAGEMENT – RESOLUTION AUTHORIZING THE OAKLAND COUNTY BUILDING AUTHORITY TO FINANCE A PROJECT TO CONSTRUCT A NEW ADMINISTRATIVE OFFICE AND TERMINAL BUILDING FOR THE OAKLAND COUNTY INTERNATIONAL AIRPORT (OCIA) LOCATED IN OAKLAND COUNTY, MICHIGAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above-referenced resolution, on November 5, 2009, recommends that the lease contract, Appendix I, be amended in the third WHEREAS to read as follows:


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WHEREAS it is proposed that the Authority finance the total part of the cost of the Project by the issuance of building authority bonds payable from cash rental payments to be made by the County to the Authority pursuant to this Lease and Act 31; and

Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report. FINANCE COMMITTEE

MISCELLANEOUS RESOLUTION #09277 BY: Planning and Building Committee, John Scott, Chairperson IN RE: DEPARTMENT OF CENTRAL SERVICES AND DEPARTMENT OF FACILITIES MANAGEMENT - RESOLUTION AUTHORIZING THE OAKLAND COUNTY BUILDING AUTHORITY TO FINANCE A PROJECT TO CONSTRUCT A NEW ADMINISTRATIVE OFFICE AND TERMINAL BUILDING FOR THE OAKLAND COUNTY INTERNATIONAL AIRPORT (OCIA) LOCATED IN OAKLAND COUNTY, MICHIGAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS there have been prepared and presented to the Board of Commissioners (the "Board") of the County of Oakland, Michigan (the "County"), conceptual documents describing the project to construct a new administrative office and terminal building for the Oakland County International Airport (the “OCIA”) located in the County of Oakland (the "Project"), all as more fully described in EXHIBIT A to the Lease Contract (as hereinafter defined), and a proposed Lease Contract between the County and the Oakland County Building Authority (the "Authority") dated as of December 1, 2009 (the "Lease Contract"), pursuant to which the Authority will construct, furnish and equip the Project as contemplated by the terms of Act No. 31, Public Acts of Michigan, 1948 (First Extra Session), as amended ("Act 31"), and lease the Project to the County for a term not to exceed 50 years as permitted by Act 31; and WHEREAS it has been estimated that the period of usefulness of the Project to be not less than 35 years and that the total cost of constructing, furnishing and equipping the Project (as defined in the Lease Contract) in an amount not to exceed $7,100,000 of which not to exceed $5,800,000 will be provided by the proceeds from the sale of bonds by the Authority pursuant to Act 31; and WHEREAS the County proposes to undertake the Project and to request the Authority to incur taxable or tax-exempt debt (the "Reimbursement Obligations") to finance all or a portion of the costs of the Project; and WHEREAS the County may make certain expenditures for said Project prior to issuance of the Reimbursement Obligations and may wish to use the proceeds of the Reimbursement Obligations to reimburse all or a portion of said expenditures; and WHEREAS it is in the public interest and for the public benefit that the County designate an authorized officer for the purposes of declaring official intent of the County with respect to expenditures; and WHEREAS there has been prepared and attached hereto as APPENDIX I a form of Lease Contract and as APPENDIX II a form of notice entitled "NOTICE OF INTENTION OF THE COUNTY OF OAKLAND TO ENTER INTO A LEASE CONTRACT WITH THE OAKLAND COUNTY BUILDING AUTHORITY AND NOTICE OF RIGHT TO PETITION FOR REFERENDUM THEREON" (the "Notice of Intention"). NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland, Michigan, as follows:

1. The conceptual documents and estimates relating to the Project and identified in EXHIBIT A to APPENDIX I hereto are hereby approved and ordered filed with the County Clerk.

2. The Lease Contract in the form of APPENDIX I hereto is hereby approved, and the Chairman of the Board of Commissioners and the County Clerk are hereby authorized and directed to execute and deliver the same for and on behalf of the County. Final plans and project description shall be approved by the Planning and Building Committee of the Board of Commissioners before they are attached to the Lease Contract to be executed.

3. It is hereby determined that the Notice of Intention provides information sufficient to adequately inform the electors and taxpayers of the County of the nature of the contractual obligations to be undertaken by the County in the Lease Contract and of their right under Act 31 to file a petition requesting a referendum election on the Lease Contract.


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4. The form and content of the Notice of Intention are hereby approved, and the County Clerk is hereby authorized and directed to cause the Notice of Intention to be published once in the Oakland Press, Pontiac, Michigan, a newspaper of general circulation within the County which is hereby determined to be the newspaper reaching the largest number of electors and taxpayers of the County. The Notice shall be at least one third of a page in size.

5. The Treasurer of the County is hereby authorized to declare official intent of the County with respect to reimbursement.

6. Each declaration of official intent shall be substantially in the form set forth in APPENDIX III attached hereto and by this reference incorporated herein, and said form may be modified from time to time on the advice of bond counsel to the County and as necessary to conform to requirements of our reimbursement regulations as the same may be adopted by the Internal Revenue Service or amended from time to time, or with the requirements of applicable rulings or regulations relating to tax-exempt borrowings.

7. The Treasurer is hereby directed to file each declaration of official intent in the office of the Oakland County Clerk, which location constitutes the customary location of the records of the Authority which are available to the general public.

8. The Oakland County Clerk is further directed to assure that each declaration of intent is continuously available during normal business hours of the County on every business day of the period beginning the earlier of 10 days after the date of execution of said declaration of intent and ending on the date of issuance of the Reimbursement Bonds.

9. The County Executive, if necessary, is authorized to file for approval to issue the bonds from the State of Michigan, Department of Treasury ("Treasury"), to pay the related fee, and to execute and deliver such other documents as may be requested by the Treasury.

10. All activities involved in the planning and construction of this Project under this resolution shall comply with the standing rules of the Board of Commissioners.

BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to fill in the blanks in Exhibit B to Lease Contract, and Appendix III - Declaration of Intent prior to executing and filing these documents with the Oakland County Clerk. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Lease Contract, Project Description, Notice of Intention of the County of Oakland to Enter into a Lease Contract with the Oakland County Building Authority and Notice of Right to Petition for Referendum Thereon and Form of Declaration of Official Intent on file in County Clerk’s office. FISCAL NOTE (MISC. #09277) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF CENTRAL SERVICES AND DEPARTMENT OF FACILITIES MANAGEMENT - RESOLUTION AUTHORIZING THE OAKLAND COUNTY BUILDING AUTHORITY TO FINANCE A PROJECT TO CONSTRUCT A NEW ADMINISTRATIVE OFFICE AND TERMINAL BUILDING FOR THE OAKLAND COUNTY INTERNATIONAL AIRPORT (OCIA) LOCATED IN OAKLAND COUNTY, MICHIGAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds:

1. The resolution authorizes the Oakland County Building Authority to issue Building Authority Bonds in the aggregate principal amount not to exceed $5,800,000 for the purpose of constructing a new administrative office and terminal building.

2. The statutory limit for County debt is $6,785,898,615 (10% of current State Equalized Value). As of September 30, 2009 the total outstanding County pledged credit is $315,325,399, or approximately .46% of the S.E.V.


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3. The Building Authority bonds shall bear interest at a rate or rates that will result in a net interest cost not exceeding 8% per annum.

4. Funding for the principal and interest payments by the County will be provided by the Oakland County International Airport Fund. No General Fund appropriation is recommended.

FINANCE COMMITTEE Moved by Scott supported by Runestad the resolution (with fiscal note attached) be adopted. Moved by Scott supported by Runestad the Finance Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Scott supported by Runestad the resolution be amended to coincide with the recommendation in the Finance Committee Report. A sufficient majority having voted in favor, the amendment carried. Discussion followed. Vote on resolution, as amended: AYES: Hatchett, Jackson, Jacobsen, Long, Middleton, Nash, Potter, Potts, Runestad, Schwartz,

Scott, Taub, Bullard, Burns, Capello, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel. (21)

NAYS: McGillivray, Woodward, Zack. (3) A sufficient majority having voted in favor, the resolution (with fiscal note attached), as amended, was adopted. MISCELLANEOUS RESOLUTION #09278 BY: Planning & Building Committee, John A. Scott, Chairperson IN RE: WATER RESOURCES COMMISSIONER RESOLUTION TO ESTABLISH OAKLAND COUNTY HIGHLAND TOWNSHIP WELL WATER SUPPLY SYSTEM AND AUTHORIZE OAKLAND COUNTY HIGHLAND TOWNSHIP WELL WATER SUPPLY SYSTEM CONTRACT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Charter Township of Highland (the "Township") is in urgent need of a well water supply system and facilities constituting a part of the system as described in the form of the proposed contract hereinafter mentioned, in order to promote the health and welfare of the residents thereof, which water supply facilities and system also would benefit the County and its residents, and the parties to said proposed contract have concluded that such facilities can be provided and financed most economically and efficiently by the County through the exercise of the powers conferred by Act 342, Public Acts of Michigan, 1939, as amended ("Act 342"), and especially Sections 5a, 5b and 5c thereof; and WHEREAS by the terms of Act 342, the County and the Township are authorized to enter into a contract for the acquisition, construction and financing of the water supply system facilities to serve the Township and for the payment of the cost thereof by the Township, with interest, and the County is then authorized to issue its bonds in one or more series to provide the funds necessary therefor; and WHEREAS there has been submitted to this Board of Commissioners a proposed contract between the County, by and through the County Water Resources Commissioner, County Agency, party of the first part, and the Township, party of the second part (the "Contract"), which Contract provides for the acquisition, construction and financing of the water supply system facilities and which Contract is hereinafter set forth in full; and WHEREAS there have also been submitted for approval and adoption by this Board of Commissioners, preliminary plans, specifications and estimates of the cost and period of usefulness of the water supply system facilities; and


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WHEREAS this Board of Commissioners desires to establish the water supply system and to proceed with the water supply system facilities and the approval and execution of the Contract to acquire, construct and finance the water supply system facilities as provided in the Contract. NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of Oakland County, Michigan, as follows:

1. APPROVAL OF PROJECT AND DESIGNATION OF COUNTY AGENCY. This Board of Commissioners by majority vote of its members-elect does hereby approve, under and pursuant to Act 342, the establishment of the Oakland County Highland Township Well Water Supply System (the "System"), which shall consist of (i) water supply system facilities, as specified and to be located as shown in Exhibit A to the Contract (the "Project") and (ii) the services provided thereby; that the Project and the System shall serve the Township; that the Oakland County Water Resources Commissioner is hereby designated and appointed as the "County Agency" for the Project and the System; that the County Agency shall have all the powers and duties with respect to the Project and the System as are provided by law and especially by Act 342; and that all obligations incurred by the County Agency with respect to the Project and the System, unless otherwise authorized by this Board of Commissioners, shall be payable solely from funds derived from the Township as hereinafter provided.

2. PLANS AND SPECIFICATIONS – ESTIMATES OF PERIOD OF USEFULNESS AND COST. The preliminary plans and specifications for the Project as contained in Exhibits A and B to the Contract and the estimates of $1,200,000 as the cost thereof and of 30 years and upwards as the period of usefulness thereof, as submitted to this Board of Commissioners, are hereby approved and adopted.

3. APPROVAL OF CONTRACT. The Oakland County Highland Township Well Water Supply System Contract between the County, by and through the County Water Resources Commissioner, party of the first part, and the Township, party of the second part, which Contract has been submitted to this Board of Commissioners and attached as Exhibit A, is hereby approved and adopted, and the County Water Resources Commissioner is hereby authorized and directed to execute and deliver the same for and on behalf of the County, in as many counterparts as may be deemed advisable.

4. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions insofar as they may be in conflict herewith are rescinded.

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 Highland Township Well Water Supply System Contract on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #09279 BY: Planning and Building Committee, John A. Scott, Chairperson IN RE: WATER RESOURCES COMMISSIONER – DONOHUE DRAINAGE DISTRICT DRAIN BONDS FULL FAITH AND CREDIT RESOLUTION To the Oakland County Board of Commissioners: Chairperson, Ladies and Gentlemen: WHEREAS the Drainage Board for the Donohue Drain, by resolution adopted on October 20, 2009, authorized and provided for the issuance by the Donohue Drainage Districts of its Drain Bonds, Series 2009 (the "Bonds") in the aggregate principal amount of not to exceed $930,000 to defray part of the cost of the Donohue Drain; and WHEREAS the Bonds will be dated as of such date, will bear interest at such rates not to exceed 6% per annum, will be in the aggregate principal amount, will mature in such years and principal amounts, and will be subject to redemption prior to maturity as shall be determined at the time of sale by the Oakland County Water Resources Commissioner as Chairman of the Drainage Board for the Donohue Drain; and


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WHEREAS the Drainage Board deems it advisable and necessary to obtain from this Board a resolution pledging the full faith and credit of the County of Oakland (the "County") for the payment of the principal of and interest on the Bonds (the "Bonds"); and WHEREAS the Donohue Drain is necessary to protect and preserve the public health and, therefore, it is in the best interest of the County that the Bonds be sold. NOW THEREFORE BE IT RESOLVED:

1. Pursuant to the authorization provided in Section 474 of the Drain Code of 1956, as amended, the Board of Commissioners of the County hereby pledges irrevocably the full faith and credit of the County for the prompt payment of the principal of and interest on the Bonds, and agrees that, in the event the Charter Township of West Bloomfield or the County shall fail or neglect to account to the County Treasurer of the County for the amount of any special assessment installment and interest when due, the amount thereof shall be advanced immediately from County funds, and the County Treasurer is directed to make such advancement to the extent necessary.

2. In the event that, pursuant to the pledge of full faith and credit, the County advances out of County funds all or any part of an installment and Interest, it shall be the duty of the County Treasurer, for and on behalf of the County, to take all actions and proceedings and pursue all remedies permitted or authorized by law for the reimbursement of such sums so paid.

3. The County Treasurer or the financial consultant, Municipal Financial Consultants Incorporated, is authorized to file with the Department of Treasury of the State of Michigan on behalf of the County an Application for State Treasurer's Approval to Issue Bonds with respect to the Bonds.

4. The County Treasurer is authorized to approve the circulation of a nearly final and final official statement for the Bonds, to cause the preparation of those portions of the nearly final and final official statement that pertain to the County, and to do all other things necessary for compliance with Rule 15c2-12 issued under the Securities Exchange Act of 1934, as amended (the "Rule"). The County Treasurer is authorized to execute and deliver such certificates and to do all other things that are necessary to effectuate the sale and delivery of the Bonds.

5. The County Treasurer is hereby authorized to execute and deliver in the name and on behalf of the County (i) a certificate of the County to comply with the requirements for a continuing disclosure undertaking of the County pursuant to subsection (b)(5) of the Rule and (ii) amendments to such certificate from time to time in accordance with the terms of such certificate (the certificate and any amendments thereto are collectively referred to herein as the "Continuing Disclosure Certificate"). The County hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. The remedies for any failure of the County to comply with and carry out the provisions of the Continuing Disclosure Certificate shall be as set forth therein.

Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #09280 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: PROBATE COURT/SHERIFF’S OFFICE/INFORMATION TECHNOLOGY INTERACTIVE VIDEO HEARING PILOT PROGRAM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in a continuing county wide effort to utilize OakVideo technology the Probate Court, Sheriff’s Office and Information Technology have worked together in developing the proposed video hearing pilot program; and WHEREAS the departments are seeking to implement OakVideo technology for use in mental health commitment hearings with patients at the Center for Forensic Psychiatry in Ann Arbor, MI; and WHEREAS Michigan Court Rule 5.738a allows the use of this technology for mental health commitment hearings; and


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WHEREAS the Sheriff’s Office is required to transport patients from the Forensic Center to the Probate Court for these hearings. This program would allow the patients to remain at the Forensic Center, therefore eliminating the Sheriff’s transport of these patients; and WHEREAS during any given day the Sheriff’s Office transports could include more than just the mental health commitment hearing participants to multiple locations. The use of this technology will not eliminate the Sheriff’s primary need for resources to transport prisoners, but will reduce associated costs such as gasoline, overtime and mileage; and WHEREAS the elimination of these transports reduces liability, saves cost, and reduces lodging of these patients in the Oakland County Jail; and WHEREAS the use of this technology reduces the disruption to the patient associated with the transports; and WHEREAS the FY 2010 Adopted Budget for Probate Court includes changes to the Defense Attorney payment system to reduce and control costs. The Court pays a flat rate to three Defense Attorney’s each week to handle all mental health cases for the week; and WHEREAS additional costs will be incurred by the Probate Court to cover additional Defense Attorney fees and mileage of the attorneys who are required to travel to and from the Forensic Center; and WHEREAS the Probate Court requests $15,000 for attorney fees and their mileage to represent patients at the Forensic Center; and WHEREAS the departments are requesting approval to pilot the program for one (1) year. The pilot will allow the departments to track cost savings and determine the effectiveness of the program. NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners approves the Probate Court, Oakland County Sheriff’s Office, and Information Technology Interactive Video hearing pilot program for a period of one (1) year. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.

PUBLIC SERVICES COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. REPORT (MISC. #09256) BY: Human Resources Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFF’S OFFICE – ESTABLISHMENT OF STANDARD LAW ENFORCEMENT SERVICES CONTRACT RATES AND CONTRACT APPROVAL – JANUARY 1, 2010 THROUGH DECEMBER 31, 2010 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee having reviewed MR #09256 on November 4, 2009 reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing report. HUMAN RESOURCES COMMITTEE MISCELLANEOUS RESOLUTION #09256 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE - ESTABLISHMENT OF STANDARD LAW ENFORCEMENT SERVICES CONTRACT RATES AND CONTRACT APPROVAL - JANUARY 1, 2010 THROUGH DECEMBER 31, 2010 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is the policy of the Oakland County Board of Commissioners to permit the Sheriff's Office to enter into contracts with townships, villages and cities for the purpose of providing Sheriff patrol services; and WHEREAS new contract rates have been developed for the 12-month period commencing January 1, 2010, through December 31, 2010, consistent with the attached schedule; and WHEREAS a proposed agreement has been developed and is attached; and WHEREAS Corporation Counsel has reviewed the agreement.


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NOW THEREFORE BE IT RESOLVED that the following rates be established per officer for Law Enforcement Services for the period January 1, 2010, through December 31, 2010:

Contract 2010 Captain $167,385 Lieutenant 146,874 Patrol Sergeant 132,481 Det. Sergeant 136,088 Dep II (w/fill) 140,928 Dep II (no-fill) 118,413 Dep II (no-fill/no vehicle) 112,180 Patrol Inv. 122,020 Dep I (no-fill) 94,406

BE IT FURTHER RESOLVED that the Board of Commissioners authorizes the Chairperson of the Board and the Sheriff to sign agreements for Law Enforcement Services at these established rates with the following communities: City of Rochester Hills Addison Township Brandon Township Commerce Township Highland Township Independence Township Lyon Township Oakland Township Orion Township Oxford Township Royal Oak Township Springfield Township Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.

PUBLIC SERVICES COMMITTEE Copy of Oakland County Sheriff’s Office 2010 Law Enforcement Services Agreement, Schedule A – Sheriff’s Deputies Contracted for and to be Assigned to Municipality, Schedule B – Holiday Pay, and Schedule C – Hourly Rates on file in County Clerk’s office. FISCAL NOTE (MISC. #09256) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF'S OFFICE - ESTABLISHMENT OF STANDARD LAW ENFORCEMENT SERVICES CONTRACT RATES AND CONTRACT APPROVAL - JANUARY 1, 2010 THROUGH DECEMBER 31, 2010 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds:

1. Miscellaneous Resolution #03264 authorized the establishment of Law Enforcement Services contract rates for the period January 1, 2004 through December 31, 2008.

2. This resolution establishes Law Enforcement Services contract rates for the twelve (12) month period January 1, 2010 through December 31, 2010.

3. The proposed contract rates cover direct operational costs. 4. The FY 2010 Adopted Budget reflects estimated costs and revenues associated with these rates.

Therefore, no budget amendment is recommended at this time. FINANCE COMMITTEE

Moved by Douglas supported by Greimel the resolution be postponed until the December 9, 2009 Board meeting.


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AYES: Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett. (23)

NAYS: Potter. (1) A sufficient majority having voted in favor, the resolution was postponed until the December 9, 2009 Board meeting. REPORT (MISC. #09257) BY: Human Resources Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFF’S OFFICE – ESTABLISHMENT OF LAW ENFORCEMENT SERVICES CONTRACT OVERTIME RATES – JANUARY 1, 2010 THROUGH DECEMBER 31, 2010 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee having reviewed MR #09257 on November 4, 2009 reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing report. HUMAN RESOURCES COMMITTEE MISCELLANEOUS RESOLUTION #09257 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE – ESTABLISHMENT OF LAW ENFORCEMENT SERVICES CONTRACT OVERTIME RATES – JANUARY 1, 2010 THROUGH DECEMBER 31, 2010 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is the policy of the Oakland County Board of Commissioners to authorize the Sheriff's Office to enter into contractual agreements with various communities and organizations for the purpose of providing deputies for traffic and security assignments for various activities and events; and WHEREAS the Sheriff's Office will provide assistance based on the availability of officers at the appropriate overtime rate and will invoice the requesting agency at rates established by the Board of Commissioners; and WHEREAS overtime rates have been developed for the period January 1, 2010 through December 31, 2010; and WHEREAS the Board of Commissioners desires to have rates consistent with the Law Enforcement Patrol Services Contract rates for governmental units within Oakland County as a service to its citizenry, and rates which conform to estimated costs for all non-Oakland County communities and organizations. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners establishes the following hourly overtime rates for the period January 1, 2010, through December 31, 2010, for each officer for the purpose of providing contracted traffic and security services:

Contract 2010 Lieutenant $83.50 Sergeant $75.91 Deputy II $66.01 Deputy I $49.11

BE IT FURTHER RESOLVED that contracts for Sheriff's Traffic and Security Assistance for activities and events within a community which is under contractual agreement for Sheriff's Law Enforcement Patrol Services, may be entered into at the prevailing, established contract overtime rates, upon the review and approval of the Management and Budget Department. Such approval or disapproval of mini-contracts will be provided to the Public Services Committee on a semi-annual basis. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.



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FISCAL NOTE (MISC. #09257) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF'S OFFICE - ESTABLISHMENT OF LAW ENFORCEMENT SERVICES CONTRACT OVERTIME RATES - JANUARY 1, 2010 THROUGH DECEMBER 31, 2010 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds:

1. Miscellaneous Resolution #03265 authorized the establishment of Law Enforcement Services contract overtime rates for the period January 1, 2004 through December 31, 2008.

2. This resolution establishes Law Enforcement Services contract overtime rates for the twelve (12) month period January 1, 2010 through December 31, 2010.

3. The FY 2010/FY 2011/FY 2012 Adopted Budget reflects estimated costs and revenues associated with these rates and is subject to unknown variables. Therefore, no budget amendment is recommended at this time.

FINANCE COMMITTEE Moved by Douglas supported by Greimel the resolution be postponed until the December 9, 2009 Board meeting.

AYES: Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett. (23)

NAYS: Potter. (1) A sufficient majority having voted in favor, the resolution was postponed until the December 9, 2009 Board meeting. MISCELLANEOUS RESOLUTION #09281 BY: Commissioner David Woodward, District #18 IN RE: AMEND MR #09144 - BOARD OF COMMISSIONERS – EXPANSION OF AUTHORIZED DEPOSITORIES FOR PUBLIC FUNDS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS MR #09144 was adopted on October 29, 2009 to allow for the use of credit unions as authorized depositories of public monies held by the Oakland County Treasurer pursuant to PA 40 of 1932; and WHEREAS to allow for credit unions that are state chartered but not federally chartered to qualify as depositories, it is necessary to amend MR #09144. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners hereby amends MR #09144 as follows:

MISCELLANEOUS RESOLUTION #09144 BY: Commissioner David Woodward, District #18 IN RE: BOARD OF COMMISSIONERS – EXPANSION OF AUTHORIZED DEPOSITORIES FOR PUBLIC FUNDS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS 1932 PA 40, as amended, at section 2, MCL 129.12, requires the Board of Commissioners to provide by resolution for the deposit into 1 or more financial institutions of all public monies coming into the hands of the County Treasurer; and WHEREAS the Board of Commissioners’ Miscellaneous Resolutions #6836, #7045, #7428, #8030, #84150, #89005, #92155, #97246, #01178, #06005, and #08004 have authorized depositories; and WHEREAS 1932 PA 40, as amended, at section 6, MCI 129.16, defines “financial institution” to include federally chartered savings and loan associations and credit unions whose deposits are insured by an agency of the United States government and that maintain a principal office or branch office located in this state under the laws of this state or the United States; and


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WHEREAS a credit union is a not-for-profit cooperative financial institution that is owned and controlled by its members, and operated for the purpose of promoting thrift, providing credit at reasonable rates, and providing other financial services to its member; and WHEREAS Oakland County is home to numerous federally insured credit unions that can be responsibly supported utilized as depositories for public monies under Public Act 40. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby designates as authorized depositories for public monies held by the Oakland County Treasurer all state or federally chartered credit unions whose deposits are insured by an agency of the United States government and that maintain a principal office or branch office located in Oakland County under the laws of this state or the United States. BE IT FURTHER RESOLVED that any state or federally chartered credit union established after the effective date of this resolution or any succeeding credit union established as a result of merger, acquisition or name change whose deposits are insured by an agency of the united states government and that maintains a principal office or branch office located in Oakland County under the laws of this state or the United States and are otherwise are eligible financial institutions under 1932 PA 40, as amended, are hereby authorized depositories for public monies held by the Oakland County Treasurer. BE IT FURTHER RESOLVED that unless specifically approved in each and every instance by the full Board of Commissioners no deposit may be made into any financial institution otherwise authorized to receive deposits under this resolution if an elected or appointed official of Oakland County government having authority to designate depositories or to authorize or control deposits is employed by or is an officer or director of said financial institution. BE IT FURTHER RESOLVED that the designated depositories are hereby authorized to honor all checks, electronic transfers, or other automated instruments for payment of money drawn on the various accounts when bearing or purporting the actual or facsimile signature or authorization of the Treasurer of the County of Oakland or his designated deputies. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to the Oakland County Treasurer. Chairperson, we move the adoption of the foregoing resolution.

DAVID WOODWARD, JANET JACKSON, ERIC COLEMAN, MARCIA GERSHENSON, GARY McGILLIVRAY, TIM BURNS, DAVID COULTER, JIM NASH, TIM GREIMEL, HELAINE ZACK, MATTIE HATCHETT

Chairperson, I move the adoption of the foregoing resolution. DAVID WOODWARD

Moved by Woodward supported by Middleton the resolution be adopted.

AYES: Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson. (24) NAYS: None. (0)

A sufficient majority having voted in favor, the resolution was adopted. Commissioner Coulter gave notice that he plans to discharge Miscellaneous Resolution #09129 – Board of Commissioners – Authorizing Intergovernmental Transfer to Expand Access to Health Care for Oakland County Residents, and Contracting Administration of County’s Indigent Hospitalization Program with Oakland Health Plan, Inc. from the Finance Committee at the next regular Board meeting. MISCELLANEOUS RESOLUTION #09282 BY: Shelley Taub, Marcia Gershenson, Christine Long, David Potts, David Woodward IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR PROTECTING SECTION 20J FUNDS FOR OAKLAND COUNTY SCHOOL DISTRICTS To the Oakland County Board of Commissioners


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Chairperson, Ladies and Gentlemen: WHEREAS in Fiscal Year 1994-95, Michigan’s school finance system was revamped, and the “foundation allowance” became the basic mechanism used to distribute state funding in school districts. A foundation allowance is a per-pupil amount that is allocated to each school district and is used to pay for school operations; and WHEREAS 15 years ago when voters approved Proposal A, they were assured that those school districts which had shown strong financial support for their schools would not be penalized – they would be “held harmless”. The intention was to close the school funding gap; and WHEREAS the State School Aid Act first included Section 20j in P.A. 119 of 1999, to take effect in Fiscal Year 1999-2000. The hold harmless school districts have a foundation allowance above the State Maximum Foundation Alliance and must levy local millages to make up the difference between their maximum and foundation allowance; and WHEREAS since 1994, approximately two-thirds of Michigan’s school districts have received a 125% increase in funding, while “hold harmless” districts have been held to an increase of approximately 17%; and WHEREAS Section 1211(3) of the Revised School Code prohibits “hold-harmless” districts from collecting more than an inflationary increase in their per-pupil State and local revenue from one year to the next year. This means that if the dollar increase in the basic foundation allowance exceeds the inflation rate when applied to a hold harmless district’s previous year foundation allowance (not when applied to the basic foundation allowance itself), the district cannot by law levy the number of mills necessary to receive the full dollar increase given in the basic foundation allowance; and WHEREAS in October, Governor Granholm’s vetoed $52 million in 20j funding, leaving 40 school districts, which adopted their annual budgets in June, abruptly without adequate funding; and WHEREAS there are 40 “hold harmless” school districts in Michigan, and 12 are located in Oakland County: Avondale School District, Birmingham City School District, Bloomfield Hills School District, Clarenceville School District, Farmington Public School District, Lamphere Public Schools, Novi Community Schools, School District City of Royal Oak, Southfield Public School District, Troy Public School District, Walled Lake Consolidated School District and West Bloomfield School District; and WHEREAS the Michigan House has recently passed a K-12 supplemental bill for Fiscal Year 2009-10 (HB 4860) which reduces the governor’s proration of $212 million by appropriating $184 federal stimulus funds. This reflects reducing the cut from $127 per student to $10 by tapping these federal funds set aside to cover the budget hole in 2010-11; and WHEREAS the supplemental amendments in House Bill 4860, restored half of the 20j school district funding of $25.7 million (which represents only one-half of FY 2009-10 funding level); and WHEREAS the $59 million in total funding for Section 20j, Section 20l, and Section 32d is from the Michigan Future Fund – currently an unfunded revenue source; and WHEREAS the continuous effort to cut 20j funding would be devastating to these school districts and will have a detrimental impact on their ability to provide quality education. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby urges Governor Granholm and the Michigan Legislature to preserve and protect the 20j funding for our local schools. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to Governor Granholm, the Oakland County delegation to the Michigan Legislature, the school districts in Oakland County, Oakland Schools, the Michigan Association of Counties and Oakland Counties Lobbyists. Chairperson, we move the adoption of the foregoing resolution.

SHELLEY TAUB, MARCIA GERSHENSON, ERIC COLEMAN, CHRISTINE LONG, ROBERT GOSSELIN, DAVID POTTS, MICHAEL GINGELL, THOMAS MIDDLETON, JANET JACKSON, BRADFORD JACOBSEN, TIM GREIMEL, MATTIE HATCHETT, DAVID WOODWARD, JIM RUNESTAD

The Chairperson referred the resolution to the General Government Committee. There were no objections.


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MISCELLANEOUS RESOLUTION #09283 BY: Shelley Taub, District #16 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR THE ALLOCATION OF STATE AND FEDERAL TRANSPORTATION FUNDS BY POPULATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to the Metropolitan Transportation Authorities Act of 1967, 1967 PA 204, as amended, (Act 204), Oakland County is a member of the corporation known as the Regional Transit Coordinating Council (RTCC) and is a member of the Suburban Mobility Authority for Regional Transportation (SMART); and WHEREAS membership in the RTCC also includes the City of Detroit, Wayne County outside of the City of Detroit, Macomb County and Monroe County; and WHEREAS Act 204 established the RTCC as the “designated recipient” to apply for federal and state transportation and operating assistance grants in support of public transportation on behalf of its members; and WHEREAS section 4a (5) of Act 204 requires the RTCC’s annual grant application to designate the distribution of all capital and operating funds which shall be paid directly to the city with a population over 750,000 and the authority representing the counties; and WHEREAS SMART is the “authority representing the member counties” described in section 4a (5) of Act 204 and the City of Detroit (DDOT) is the city with a population over 750,000 while the remaining RTCC area serviced by SMART has a population of 3 million; and WHEREAS pursuant to section 4a (4) of Act 204 the RTCC articles of incorporation set forth the allocation between the city and the authority representing the counties of any grants applied for by the RTCC; and WHEREAS the allocation between the city and the authority representing the counties established at the inception of the RTCC in 1989 was 65% to the City of Detroit and 35% to SMART; and WHEREAS the continued application of the 65/35 allocation formula has resulted in a net loss to SMART and its member counties of over $115 million since 1993 when compared to the amount of grants SMART would have qualified for had its share been determined using the state and federal statutes and regulations applicable at the time of distribution as if the designated subrecipients or direct recipients were allowed to and did apply for federal and state formula funds independently of each other and the RTCC; and WHEREAS Act 204 mandates that the RTCC act only by a unanimous vote of it membership entitled to vote; and WHEREAS the City’s representatives have been unwilling to modify the 65/35 allocation formulas that has unfairly benefited the City by over $115 million since 1993, with some $73.8 million of the unfair benefit having accrued between 2005 and 2009 alone; and WHEREAS continuing such blatant inequity likely mortally injures both ongoing and future support for public transportation and makes future development of a coordinated regional mass transportation system in southeast Michigan unlikely; and WHEREAS SMART is seeking passage of House Bill 4608, remedial legislation that would require the RTCC’s designated distribution of federal and state formula funds, regardless of what entity is the subrecipient or direct recipient of the funds, to be determined using the state and federal statutes and regulations applicable at the time of distribution as if the designated subrecipients or direct recipients were allowed to and did apply for federal and state formula funds independently of each other. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners urges the State Legislature to pass, and asks the Governor to sign, HB 4608, giving the same immediate effect. BE IT FURTHER RESOLVED that the Board of Commissioners directs its lobbyist to undertake all reasonable efforts to facilitate the speedy adoption of HB 4608. BE IT FURTHER RESOLVED that the Clerk is directed to forward copies of this resolution to their lobbyist, the State Legislature, Governor’s Office, the SMART Board of Directors and the members of the RTCC.


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Chairperson, we move the adoption of the foregoing resolution. SHELLEY TAUB, TOM MIDDLETON, ROBERT GOSSELIN, CHRISTINE LONG, MICHAEL GINGELL, BRADFORD JACOBSEN, DAVID POTTS, JIM RUNESTAD, JOHN SCOTT, SUE ANN DOUGLAS

The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #09284 BY: Commissioners Bill Bullard, Jr., District #2, Tim Greimel, District #11 IN RE: BOARD OF COMMISSIONERS – 2010 BOARD OF COMMISSIONERS’ REGULAR MEETING SCHEDULE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the 2009 Adopted Board of Commissioners’ Rules, Article XIII, Section 1 provides, in part, that “Regular meeting of the Board shall be held the second and fourth Thursday of each month at 9:30 a.m. or as established by the Board of Commissioners”; and WHEREAS the Oakland County Board of Commissioners has engaged in discussion relative to holding some of the regular board meetings in the evening and that during the last six months of 2009 the Board of Commissioners conducted five of the nine regularly scheduled meetings on Wednesday evenings, starting at 7:00 p.m.; and WHEREAS to encourage public participation at Board of Commissioners’ regular meetings the 2010 schedule should have an equal number of evening and morning meetings. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby schedules regular Board of Commissions’ meetings at 7:00 p.m. on certain Wednesday evenings and 9:30 a.m. on certain Thursday mornings in the Board of Commissioners’ Auditorium, 1200 N. Telegraph, Pontiac, MI on the following dates: Wednesday, January 20, 2010, 7:00 p.m. Wednesday, February 3, 2010, 7:00 p.m. Thursday, February 18, 2010, 9:30 a.m. Wednesday, March 3, 2010, 7:00 p.m. Thursday, March 25, 2010, 9:30 a.m. Thursday, April 22, 2010, 9:30 a.m. Wednesday, May 5, 2010, 7:00 p.m. Thursday, May 20, 2010, 9:30 a.m. Wednesday, June 9, 2010, 7:00 p.m. Wednesday, July 7, 2010, 7:00 p.m. Thursday, July 22, 2010, 9:30 a.m. Wednesday, August 4, 2010, 7:00 p.m. Thursday, August 19, 2010, 9:30 a.m. Wednesday, September 1, 2010, 7:00 p.m. Thursday, September 23, 2010, 9:30 a.m. Wednesday, October 6, 2010, 7:00 p.m. Thursday, October 21, 2010, 9:30 a.m. Wednesday, November 3, 2010, 7:00 p.m. Thursday, November 18, 2010, 9:30 a.m. Thursday, December 9, 2010, 9:30 a.m. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to post this meeting schedule for 2010 regular meetings.


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Chairperson, we move the adoption of the foregoing resolution. BILL BULLARD, TIM GREIMEL, HELAINE ZACK, MATTIE HATCHETT, JANET JACKSON, DAVID WOODWARD, DAVID COULTER, JIM NASH, STEVEN SCHWARTZ, MARCIA GERSHENSON, MICHAEL GINGELL, GARY McGILLIVRAY, KIM CAPELLO, BRADFORD JACOBSEN, TOM MIDDLETON, JEFF POTTER, DAVID POTTS, SHELLEY TAUB, SUE ANN DOUGLAS, JOHN SCOTT

Moved by Greimel supported by Gingell to suspend the rules and vote on MISCELLANEOUS RESOLUTION #09284 - BOARD OF COMMISSIONERS – 2010 BOARD OF COMMISSIONERS’ REGULAR MEETING SCHEDULE. Vote on motion to suspend the rules: AYES: Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub,

Woodward, Zack, Bullard, Burns, Capello, Coulter, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen. (23)

NAYS: Douglas. (1) A sufficient majority having voted in favor, the motion to suspend the rules and vote on MISCELLANEOUS RESOLUTION #09284 - BOARD OF COMMISSIONERS – 2010 BOARD OF COMMISSIONERS’ REGULAR MEETING SCHEDULE carried. Moved by Greimel supported by Bullard the resolution be adopted. Discussion followed. Moved by Douglas to postpone the resolution to the December 9, 2009 Board meeting. There was no support. Commissioner Douglas withdrew the motion. Discussion followed. Vote on resolution:

AYES: McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson. (22) NAYS: Jacobsen. (1)

A sufficient majority having voted in favor, the resolution was adopted. MISCELLANEOUS RESOLUTION #09285 BY: Commissioners Tim Greimel and Dave Coulter IN RE: BOARD OF COMMISSIONERS – REVISE EQUAL EMPLOYMENT OPPORTUNITY POLICY TO COMPLY WITH PROPOSAL 2 AND TO PROHIBIT DISCRIMINATION BASED ON SEXUAL ORIENTATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County has an Equal Employment Opportunity Policy (the “Policy”) that currently prohibits Oakland County’s government from discriminating in its employment of individuals based on race, sex, age, physical or mental handicap, national origin, religious belief, or political affiliation; and WHEREAS the current Policy refers to Oakland County’s implementation of affirmative action policies and is itself currently entitled “Equal Employment Opportunity (EEO) & Affirmative Action Policy; and


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WHEREAS on November 7, 2006, the voters of the State of Michigan approved Proposal 2 (Michigan 06-2), which amended the State of Michigan’s Constitution to ban the use of affirmative action by the State of Michigan, including its counties and other political subdivisions; and WHEREAS Proposal 2 became law on December 22, 2006; and WHEREAS regardless of one’s views on affirmative action, it is important for Oakland County’s policies to comply with State of Michigan law, especially the State of Michigan’s Constitution; and WHEREAS the current wording of the Policy calls into question its legality and enforceability; and WHEREAS the Policy currently permits Oakland County’s government to discriminate in employment on the basis of sexual orientation; and WHEREAS the Oakland County Board of Commissioners believes that all individuals, regardless of their sexual orientation, have innate worth and human dignity; and WHEREAS the Oakland County Board of Commissioners believes that the sexual orientation of an individual is just as irrelevant to the employment qualifications of that individual as that individual’s race, sex, age, physical or mental handicap, national origin, religious belief, or political affiliation are. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby amends its Equal Employment Opportunity Policy as indicated in the attachment to this resolution in order to bring the Policy into compliance with Proposal 2 and in order to prohibit Oakland County from discriminating in its employment of individuals based on their sexual orientation. Chairperson, we move the adoption of the foregoing resolution.

TIM GREIMEL, DAVID COULTER, HELAINE ZACK, JIM NASH, MARCIA GERSHENSON, GARY McGILLIVRAY, DAVID WOODWARD, JANET JACKSON, STEVEN SCHWARTZ

Copy of Equal Employment Opportunity Policy on file in County Clerk’s office. The Chairperson referred the resolution to the Human Resources Committee. There were no objections. MISCELLANEOUS RESOLUTION #09286 BY: Commissioner Tim Greimel IN RE: BOARD OF COMMISSIONERS – ADOPTION OF “FIX IT FIRST” POLICY IN APPROPRIATION OF TRI-PARTY ROAD PROGRAM EXPENDITURES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS on September 24, 2009, the Oakland County Board of Commissioners approved Resolution #09221 Tri-Party Road Improvement Program – Funding and Project Approval Process ; and WHEREAS Resolution #09221 reduced Oakland County’s contribution, and the respective contributions of the Road Commission for Oakland County and of cities, villages, and townships (CVTs), to the Tri-Party Road Improvement Program from $2.25 million to $1.0 million; and WHEREAS as a result, Resolution #09221 reduced the total annual contribution to the Tri-Party Road Improvement Program from $6.75 million to $3.0 million; and WHEREAS due to the Road Commission for Oakland County having more miles of road under its jurisdiction than any other road commission or county in the State of Michigan and due to financial challenges facing the State of Michigan and all road commissions, the Michigan Infrastructure and Transportation Association has recently reported that Oakland County has the second highest number of roads in disrepair of any county in the State of Michigan; and WHEREAS Resolution #09221 gives the Oakland County Board of Commissioners substantially greater authority over the expenditure of Tri-Party Road Improvement Program funds than it has exercised in the past; and WHEREAS the Board of Commissioners believes that scarce road funds should be prioritized on repairing roads before they are used on widening or expanding roads; and WHEREAS the Board of Commissioners believes that it has a responsibility to pro-actively and forthrightly communicate its road spending priorities to both CVTs and the Road Commission for Oakland County and to not wait until individual projects come before it for approval.


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NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby adopts a policy of appropriating its share of Tri-Party Road Improvement Program funding only to the repair of roads and to the limited reconfiguration of roads for safety purposes. BE IT FURTHER RESOLVED that this new policy of the Oakland County Board of Commissioners expressly prohibits the use of its share of Tri-Party Road Improvement Program dollars to be used for: (a) the widening of roads by adding through lanes in both directions; (b) the extension of roads into areas where the roads did not previously go; and/or (c) the construction of entirely new roads. BE IT FURTHER RESOLVED that this new policy will continue to permit the use of Tri-Party Road Improvement Program dollars for the construction of middle turn lanes, right turn lanes, and left turn lanes (even if doing so means that a road will be expanded from two lanes to three lanes or from four lanes to five lanes) and will continue to permit the use of Tri-Party Road Improvement Program dollars for the paving of gravel roads so long as such newly paved roads are only two lanes or three lanes (two lanes with a middle turn lane). BE IT FURTHER RESOLVED that the Board of Commissioners requests the Oakland County Clerk to forward copies of this resolution to the Road Commission for Oakland County and to all cities, villages, and townships in Oakland County. Chairperson, we move the adoption of the foregoing resolution.

TIM GREIMEL, DAVID COULTER, HELAINE ZACK, JIM NASH, MARCIA GERSHENSON, GARY McGILLIVRAY, DAVID WOODWARD, MATTIE HATCHETT, JANET JACKSON, STEVEN SCHWARTZ

The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #09287 BY: Steven Schwartz, District #14 IN RE: BOARD OF COMMISSIONERS – SCHOOL FUNDING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the State Legislature adopted a budget effective October 1, 2009 that reduces State funding for public school districts by $165 per student; and WHEREAS the Governor announced an additional reduction of $127 per student, effective immediately; and WHEREAS “20J” School Districts received an additional reduction in State funding, in excess of the $165 per pupil and $127 per pupil reductions; and WHEREAS in Oakland County these reductions for “20J” School Districts include: Birmingham ($957,520), Royal Oak ($1,347,794), Southfield ($1,282,239), Avondale ($1,117,251), Bloomfield Hills ($614,201), Clarenceville ($563,293), Novi ($1,695,421), Troy ($2,961,023), West Bloomfield ($1,738,614), Farmington ($2,205,325), Lamphere ($455,738) and Walled Lake ($4,479,393); and WHEREAS public school districts begin their budgets on July 1, therefore, these cuts were announced after over 25% of the public school districts’ budget year had elapsed; and WHEREAS public education should be at the very top of the priorities for the State of Michigan. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners requests that the State Legislature restore as much of the public school district reductions as possible, including restoration of the “20J” cuts. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners requests that the State Legislature adopt a budget process that allows public school districts to know what their State funding is prior to July 1 of each year. BE IT FURTHER RESOLVED that copies of this resolution be sent to each public school district and State legislator in Oakland County, as well as Oakland County’s lobbyists.


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Chairperson, we move the adoption of the foregoing resolution. STEVEN SCHWARTZ, ERIC COLEMAN, JIM NASH, TIM BURNS, MARCIA GERSHENSON, GARY McGILLIVRAY, JANET JACKSON, MATTIE HATCHETT, HELAINE ZACK, TIM GREIMEL, DAVID COULTER

The Chairperson referred the resolution to the General Government Committee. There were no objections. The Board adjourned at 11:00 a.m. to the call of the Chair or December 9, 2009, at 7:00 p.m.

RUTH JOHNSON BILL BULLARD, JR. Clerk Chairperson

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