HomeMy WebLinkAboutMinutes - 2022.01.20 - 352101200 N. Telegraph Road, Bldg. 12 East, Pontiac, MI 48341
Board of Commissioners
David T. Woodward
January 20, 2022 at 6:00 PM
MINUTES
1.Call Meeting to Order
Chairperson David T. Woodward called the meeting of the Board of Commissioners to
order at 6:51 PM in Commissioners' Auditorium 1200 N. Telegraph Road, Pontiac
Michigan 48341.
2.Roll Call
MEMBERS PRESENT: Kristen Nelson, Angela Powell, Gary McGillivray, Penny
Luebs, Gwen Markham, Yolanda Smith Charles, Eileen Kowall, Chuck Moss, Michael
Spisz, Janet Jackson, Michael Gingell, Karen Joliat, Adam Kochenderfer, Charles
Cavell, David Woodward, Philip Weipert, Thomas Kuhn, Robert Hoffman, Marcia
Gershenson, William Miller III (20)
MEMBERS ABSENT WITH NOTICE: Christine Long (1)
3.Invocation - Charlie Cavell
4.Pledge of Allegiance to the Flag
5.Approval of Minutes
William Miller III moved approval of the December 30, 2021 minutes, as presented.
Seconded by Michael Gingell.
Motion Passed.
Vote Summary (20-0-0)
Yes: David Woodward, Michael Gingell, Michael Spisz, Karen Joliat, Kristen Nelson,
Eileen Kowall, Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Chuck
Moss, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles Cavell,
Penny Luebs, Janet Jackson, Gary McGillivray, Robert Hoffman, Adam Kochenderfer
No: None
Abstain: None
a.Clerk/Register of Deeds - Minutes Draft Minutes dated December 30, 2021
6.Approval of Agenda
Michael Spisz moved the agenda be amended as follows: add item 6a., entitled:
County Response to Oxford School Shooting Incident-Request for Sunset Position
Creations and Other Necessary Funding. Seconded by William Miller lll.
Motion Passed.
Vote Summary (20-0-0)
Yes: David Woodward, Michael Gingell, Michael Spisz, Karen Joliat, Kristen Nelson,
Eileen Kowall, Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Chuck
Moss, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles Cavell,
Penny Luebs, Janet Jackson, Gary McGillivray, Robert Hoffman, Adam Kochenderfer
No: None
Abstain: None
a.Board of Commissioners - Resolution - County Response to Oxford
School Shooting Incident - Request for Sunset Postion Creations and
Other Necessary Funding
Michael Spisz moved to suspend the rules and immediately vote on the
attached Resolution - County Response to Oxford Shooting Incident - Request
for Sunset Position Creations and Other Necessary Funding. Seconded by
Penny Luebs
Motion Passed.
Vote Summary (15-5-0)
Yes: David Woodward, Michael Gingell, Michael Spisz, Karen Joliat, Philip
Weipert, Gwen Markham, Angela Powll, Chuck Moss, Marcia Gershenson,
William Mileer lll, Charles Cavell, Penny Luebs, Janet Jackson, Robert
Hoffman, Adam Kochenderfer.
No: Kristen Nelson, Eileen Kowall, Thomas Kuhn, Yolanda Smith Charles, Gary
McGillivray.
Michael Spisz moved to adopt the attached Resolution: - County Response to
Oxford School Shooting Incident - Request for Sunset Postion Creations and
Other Necessary Funding. Seconded by Michael Gingell.
Motion Passed.
Vote Summary (16-3-1)
Yes: David Woodward, Michael Gingell, Michael Spisz, Karen Joliat, Eileen
Kowall, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson,
William Miller III, Yolanda Smith Charles, Charles Cavell, Penny Luebs, Janet
Jackson, Robert Hoffman, Adam Kochenderfer
No: Thomas Kuhn, Charles Moss, Gary McGillivray
Abstain: Kristen Nelson
MISCELLANEOUS RESOLUTION #22-001
Sponsored By: Michael Spisz
IN RE: - County Response to Oxford School Shooting Incident - Request
for Sunset Postion Creations and Other Necessary Funding
WHEREAS the school shooting incident in Oxford Township on November 30,
2021, has required a substantial response from the Oakland County
government due to the trauma created for school students and other local
residents, as well as the legal complexity and amount of evidence involved in
prosecuting crimes related to the incident; and
WHEREAS $600,000 was previously appropriated by the Board of
Commissioners in the Prosecuting Attorney’s Office budget via Miscellaneous
Resolution #21507 for temporary emergency personnel and security
expenditures associated with the Oxford High School shooting incident; and
WHEREAS the Prosecuting Attorney’s Administration has reviewed its
operations and the anticipated extraordinary workload related to the incident;
and
WHEREAS it has been determined that nine (9) full-time eligible (FTE) positions
will be needed for the duration of the criminal cases, which is expected to be no
less than three (3) years; and
WHEREAS these positions will be created with a sunset date of January 31,
2024, and their continuation is contingent upon reconsideration as part of the
regular annual budget proceedings in 2023; and
WHEREAS two (2) FTE Prosecutor Investigators positions are requested to
assist the trial attorneys with evidence review and analysis, follow-up witness
interviews, and additional investigation related to this incident, with one of those
positions specifically to supervise and manage physical security; and
WHEREAS two (2) FTE Paralegal positions are requested to assist with
receiving, organizing, and indexing evidence, redacting evidence, producing
discovery, and trial presentation; and
WHEREAS one (1) FTE Victim Advocate position is requested to provide
support and assistance to victims and witnesses, which will be reimbursed with
a state grant; and
WHEREAS two (2) FTE Office Support Clerk–Senior positions are requested to
support the additional Investigators, Paralegal, and Victim Advocate, and to file
pleadings, and to process correspondence and calls; and
WHEREAS eliminating one (1) GF/GP part-time non-eligible (PTNE) 1,000
hours per year vacant Assistant Prosecutor position will help offset the cost of
creating one FTE Assistant Prosecutor position; and
WHEREAS one (1) FTE Assistant Prosecutor position is requested to assist the
Chiefs of the Circuit Court, Juvenile Justice and Family Support divisions who
have had to set aside other cases to work exclusively on the Oxford
prosecutions; and
WHEREAS it is also requested to create a new classification and one (1)
GF/GP FTE position titled Prosecutor Community Liaison to manage media
inquiries, press releases, social media, and the organization of press
conferences; and
WHEREAS the estimated cost for the creation of the above sunset positions is
$2,147,701 for FY 2022 through FY 2024; and
WHEREAS funding totaling $500,000 is required for communications,
information technology, security, and other related costs related to the response
and prosecution by the Prosecuting Attorney; and
WHEREAS funding totaling $20,000 is required to provide counseling services
for Sheriff's Office personnel who responded to the incident; and
WHEREAS funding totaling $100,000 is required to support Oxford area
economic recovery, including organizations and businesses that have provided
indispensable assistance and resources following the shooting incident. This
funding will be administrated by the Oxford Response Ad Hoc Committee
established by the Oakland County Board of Commissioners. The Ad Hoc
Committee will develop criteria, establish a timeline, review and select awards
for the Oxford area economic recovery; and
WHEREAS funding totaling $500,000 is required to support the mental health
needs of students, families, and educators who have directly been impacted as
a result of the Oxford school shooting incident; and
WHEREAS in light of the urgency of the County’s response to the shooting
incident, funding for the sunset positions and other identified funding needs is
available to be advanced from the County General Fund on an emergency
basis, with anticipated reimbursement in part or in whole from the federal
government; and
WHEREAS additional mental health support for students and members of the
Oxford community is being provided through non-County funding sources, with
anticipated additional support through separate federal grant funding.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the creation of the following new Merit classification:
Classification Grade FLSA Status
Prosecutor Community Liaison 119 Exempt
BE IT FURTHER RESOLVED to create the following nine (9) GF/GP FTE
positions to be sunset January 31, 2024:
# Pos Classification Division/Unit Division/Unit #
Two (2)Office Support
Clerk - Senior
Administration/Administration 4010101
Two (2)Prosecutor
Investigator
Administration/Administration 4010101
Two (2)Paralegal Administration/Administration 4010101
One (1)Prosecutor
Community
Liaison
Administration/Administration 4010101
One (1)Victim Advocate Administration/Administration 4010101
One (1)Assistant
Prosecutor
Administration/Administration 4010101
BE IT FURTHER RESOLVED to delete one (1) GF/GP PTNE 1,000 hour per year
Assistant Prosecutor position (#4010201-12285) in the Prosecuting Attorney,
Litigation Division (#4010201).
BE IT FURTHER RESOLVED that the Oakland County Board of
Commissioners authorizes a one-time appropriation from the General Fund
Assigned Fund Balance totaling $3,247,701 which will be appropriated from the
Assigned Fund balance for Oxford Response (GL Account #383555) for the
costs of these positions and other funding necessary to effectively respond to
the shooting incident.
BE IT FURTHER RESOLVED that the vehicle fleet is expanded by two (2)
vehicles for the Prosecutor Investigator positions.
BE IT FURTHER RESOLVED that the Prosecutor's Office shall submit a
quarterly report to the Public Health and Safety and Finance Committees on the
use of the $500,000 used for communications, information technology, security,
and other related costs related to the response and prosecution by the
Prosecutor's Office.
BE IT FURTHER RESOLVED that the Finance Committee shall review during
annual budget hearings the continued needs for the newly created positions in
the Prosecutor’s office.
BE IT FURTHER RESOLVED that the Board of Commissioners establishes the
Oxford Response Ad Hoc Committee to develop criteria, establish a timeline,
review and select awards for the Oxford area economic recovery monies
appropriated.
BE IT FURTHER RESOLVED that the Oxford Response Ad Hoc Committee will
be appointed by the Chairman of the Board of Commissioners.
BE IT FURTHER RESOLVED the Oxford Response Ad Hoc Committee shall
make recommendations to the Board of Commissioners which will detail the
program prior to the release of the $500,000 appropriated within this resolution.
The purpose of the program is to support the mental health needs of students,
families, and educators who have directly been impacted as a result of the
Oxford school shooting incident.
BE IT FURTHER RESOLVED that all applicable County departments are
authorized to apply for any available funding from the U.S. Department of
Justice or other appropriate federal or state source related to this incident and
that, upon receipt of the funds as approved by the Board of Commissioners,
those funds be credited as appropriate to reimburse the costs of the County’s
response to the Oxford school shooting incident in place of the advanced
emergency funding authorized by this resolution.
BE IT FURTHER RESOLVED that the FY 2022 – FY 2024 budget amendment
is amended as detailed in Schedule A.
Vote Summary (16-3-1)
Yes: David Woodward, Michael Gingell, Michael Spisz, Karen Joliat, Eileen
Kowall, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson,
William Miller III, Yolanda Smith Charles, Charles Cavell, Penny Luebs, Janet
Jackson, Robert Hoffman, Adam Kochenderfer
No: Thomas Kuhn, Charles Moss, Gary McGillivray
Abstain: Kristen Nelson
Attachments:
1.Prosecuting Attorney Sunset Positions HR Write Up.01-20-22
2.Response to Oxford School Shooting Positions Schedule A R1 - Update
1-20-22 final
7.Communications
a.Board of Commissioners - Presentation Dana Lasenby, CEO - Oakland
Community Health Network Update
Dana Lasenby, CEO, Oakland Community Health Network, addressed the
Board to give a presentation entitled: School Mental Health Navigator Program.
Michael Gingell moved to receive and file the attached Communications.
Seconded by Gary McGillivray.
Motion Passed.
Vote Summary (19-0-0)
Yes: David Woodward, Michael Gingell, Karen Joliat, Kristen Nelson, Eileen
Kowall, Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Charles
Moss, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles
Cavell, Penny Luebs, Janet Jackson, Gary McGillivray, Robert Hoffman, Adam
Kochenderfer
No: None
Abstain: None
b.Board of Commissioners - Appointment Community Corrections Advisory
Board - Judge Brennan
Fred Miller, Oakland County Deputy Clerk/Register of Deeds, addressed the
Board to read a communication from Kevin Oeffner, 6th Judicial Circuit Court
Administrator, notifying the Board that Jeffery Matis, Oakland County Circuit
Court Chief Judge, recommends the appointment of Mary Ellen Brennan,
Oakland County Circuit Court Judge, to the Community Corrections Advisory
Board, for a four-year term beginning February 28, 2022.
Michael Gingell moved to receive and file the attached Communications.
Seconded by Gary McGillivray.
Motion Passed.
Vote Summary (19-0-0)
Yes: David Woodward, Michael Gingell, Karen Joliat, Kristen Nelson, Eileen
Kowall, Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Charles
Moss, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles
Cavell, Penny Luebs, Janet Jackson, Gary McGillivray, Robert Hoffman, Adam
Kochenderfer
No: None
Abstain: None
c.Board of Commissioners - Appointment Library Board - Judge Savin
Fred Miller, Oakland County Deputy Clerk/Register of Deeds, addressed the
Board to read a communication from Kevin Oeffner, 6th Judicial Circuit Court
Administrator, notifying the Board that Jeffery Matis, Oakland County Circuit
Court Chief Judge, recommends the appointment of Lorie Savin, Oakland
County Circuit Court Judge, to the Library Board, for a term ending August 24,
2024.
Michael Gingell moved to receive and file the attached Communications.
Seconded by Gary McGillivray.
Motion Passed.
Vote Summary (19-0-0)
Yes: David Woodward, Michael Gingell, Karen Joliat, Kristen Nelson, Eileen
Kowall, Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Charles
Moss, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles
Cavell, Penny Luebs, Janet Jackson, Gary McGillivray, Robert Hoffman, Adam
Kochenderfer
No: None
Abstain: None
d.Board of Commissioners - Communications CE Appointment to Economic
Development Corporation - E. Masserang
Fred Miller, Oakland County Deputy Clerk/Register of Deeds, addressed the Board to read
a communication from David Coulter, Oakland County Executive, recommending the
appointment of Elizabeth Masserang as the Oakland County Director of the Economic
Development Corporation (EDC), for a term ending January 18, 2028.
Michael Gingell moved to receive and file the attached Communications.
Seconded by Gary McGillivray.
Motion Passed.
Vote Summary (19-0-0)
Yes: David Woodward, Michael Gingell, Karen Joliat, Kristen Nelson, Eileen
Kowall, Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Charles
Moss, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles
Cavell, Penny Luebs, Janet Jackson, Gary McGillivray, Robert Hoffman, Adam
Kochenderfer
No: None
Abstain: None
e.Board of Commissioners - Other Action Resignation Oakland County
Public Transportation Authority - M. Piana
Fred Miller, Oakland County Deputy Clerk/Register of Deeds, addressed the
Board to read a communication from Melanie Piana, Mayor, City of Ferndale,
submitting her resignation from the Oakland County Public Transit Authority
(OCPTA), effective January 18, 2022.
Michael Gingell moved to receive and file the attached Communications.
Seconded by Gary McGillivray.
Motion Passed.
Vote Summary (19-0-0)
Yes: David Woodward, Michael Gingell, Karen Joliat, Kristen Nelson, Eileen
Kowall, Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Charles
Moss, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles
Cavell, Penny Luebs, Janet Jackson, Gary McGillivray, Robert Hoffman, Adam
Kochenderfer
No: None
Abstain: None
f.Board of Commissioners - Other Action Grant Exception - Medical
Marihuana Operation and Oversight Grants
Fred Miller, Oakland County Deputy Clerk/Register of Deeds, addressed the
Board to read a communication from Chairperson David Woodward notifying
the Board that he has authorized submission of the following Grant Application:
Name: Medical Marihuana Operation and Oversight Grants
Amount: $454,786
Grant Application Deadline: January 1, 2022
Michael Gingell moved to receive and file the attached Communications.
Seconded by Gary McGillivray.
Motion Passed.
Vote Summary (19-0-0)
Yes: David Woodward, Michael Gingell, Karen Joliat, Kristen Nelson, Eileen
Kowall, Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Charles
Moss, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles
Cavell, Penny Luebs, Janet Jackson, Gary McGillivray, Robert Hoffman, Adam
Kochenderfer
No: None
Abstain: None
g.Board of Commissioners - Communications Thank you to Board - P. Dib
Fred Miller, Oakland County Deputy Clerk/Register of Deeds, addressed the
Board to read a letter from Patti Dib, Oakland County Board of Commissioners
Chief of Staff, thanking the Board for their kind expression of sympathy on the
passing of her mother.
Michael Gingell moved to receive and file the attached Communications.
Seconded by Gary McGillivray.
Motion Passed.
Vote Summary (19-0-0)
Yes: David Woodward, Michael Gingell, Karen Joliat, Kristen Nelson, Eileen
Kowall, Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Charles
Moss, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles
Cavell, Penny Luebs, Janet Jackson, Gary McGillivray, Robert Hoffman, Adam
Kochenderfer
No: None
Abstain: None
8.Nomination and Election of Vice Chairperson
Gwen Markham moved to nominate Commissioner Marcia Gershenson as Vice
Chairperson of the Oakland County Board of Commissioners. Seconded by Robert
Hoffman.
Motion Passed.
Vote Summary (18-0-1)
Yes: David Woodward, Michael Gingell, Karen Joliat, Kristen Nelson, Eileen Kowall,
Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Marcia Gershenson,
William Miller III, Yolanda Smith Charles, Charles Cavell, Penny Luebs, Janet
Jackson, Gary McGillivray, Robert Hoffman, Adam Kochenderfer
No: None
Abstain: Chuck Moss
9.Public Comment
The following people addressed the Board during Public Comment #1: Jonathan
Landsman, Sandra Carolan, Ross Baranco, Melissa Williams, Tasha Shurgin, Laura
Galuardi, Susan Thompkins, Kathy Cross, Sidney Ross, Gerald Riley and Michelle
Zonca.
Reports of Standing Committees
CONSENT AGENDA
Michael Gingell moved to recommend approval of the attached resolutions on the
Consent Agenda. Seconded by Penny Luebs.
Motion Passed.
Vote Summary (19-0-0)
Yes: David Woodward, Michael Gingell, Karen Joliat, Kristen Nelson, Eileen Kowall,
Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Chuck Moss, Marcia
Gershenson, William Miller III, Yolanda Smith Charles, Charles Cavell, Penny Luebs,
Janet Jackson, Gary McGillivray, Robert Hoffman, Adam Kochenderfer
No: None
Abstain: None
10.ECONOMIC DEVELOPMENT AND INFRASTRUCTURE COMMITTEE – WILLIAM
MILLER
a.Board of Commissioners - Road Improvement Fiscal Year
2022 Appropriation with the Charter Township of West Bloomfield for Tri-
Party Road Improvement Program – Project No. 55041
Michael Gingell moved to adopt the attached Road Improvement : Fiscal Year
2022 Appropriation with the Charter Township of West Bloomfield for Tri-Party
Road Improvement Program – Project No. 55041 . Seconded by Penny Luebs.
Motion Passed.
MISCELLANEOUS RESOLUTION #22-002
Sponsored By: Kristen Nelson, Christine Long
IN RE: Fiscal Year 2022 Appropriation with the Charter Township of West
Bloomfield for Tri-Party Road Improvement Program – Project No. 55041
WHEREAS since the 1970s, the Oakland County Board of Commissioners has
authorized the Tri-Party Road Improvement Program to assist Oakland
County’s cities, villages and townships (CVTs) with the construction,
maintenance and repair of roads under the supervision, direction and control of
the Road Commission for Oakland County (RCOC); and
WHEREAS on September 29, 2021, the Oakland County Board of
Commissioners approved Miscellaneous Resolution #21378 which appropriated
$2,000,000 for the FY 2022 Tri-Party Road Improvement Program allocation for
projects managed by the RCOC; and
WHEREAS the Charter Township of West Bloomfield, along with the RCOC,
has identified a project and said project is ready to be undertaken immediately;
and
WHEREAS the project meets the terms and conditions of the Tri-Party Road
Improvement Program and the local cost participation agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners hereby approves the project submitted by the Charter Township
of West Bloomfield and authorizes the transfer of Tri-Party Road Improvement
Program funds in the amount of $92,266 from Non-Departmental Transfers
appropriation (9090101).
BE IT FURTHER RESOLVED additional project costs, not greater than 15%
from the original agreement, which are consistent with the project as originally
approved, will be paid when invoiced and appropriated in the quarterly forecast
resolution.
BE IT FURTHER RESOLVED that additional project costs exceeding 15% of
the original agreement will require a separate resolution.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to
forward copies of this resolution to the Road Commission for Oakland County,
Oakland County Fiscal Services, and the Charter Township of West
Bloomfield.
BE IT FURTHER RESOLVED that the FY 2022 budget shall be amended as
described in the attached Schedule A – Budget Amendment.
Vote Summary (19-0-0)
Yes: David Woodward, Michael Gingell, Karen Joliat, Kristen Nelson, Eileen
Kowall, Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Chuck
Moss, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles
Cavell, Penny Luebs, Janet Jackson, Gary McGillivray, Robert Hoffman, Adam
Kochenderfer
No: None
Abstain: None
Attachments:
1.Schedule A - Budget Amendment - Project No. 55041
2.Tri Party-Twp West Bloom Project 55041
b.Board of Commissioners - Road Improvement Fiscal Year
2022 Appropriation with the City of Wixom for Tri-Party Road Improvement
Program – Project No. 56561
Michael Gingell moved to adopt the attached Road Improvement : Fiscal Year
2022 Appropriation with the City of Wixom for Tri-Party Road Improvement
Program – Project No. 56561 . Seconded by Penny Luebs.
Motion Passed.
MISCELLANEOUS RESOLUTION #22-003
Sponsored By: Christine Long, Philip Weipert, Gwen Markham
IN RE: Fiscal Year 2022 Appropriation with the City of Wixom for Tri-Party
Road Improvement Program – Project No. 56561
WHEREAS since the 1970s, the Oakland County Board of Commissioners has
authorized the Tri-Party Road Improvement Program to assist Oakland
County’s cities, villages and townships (CVTs) with the construction,
maintenance and repair of roads under the supervision, direction and control of
the Road Commission for Oakland County (RCOC); and
WHEREAS on September 29, 2021, the Oakland County Board of
Commissioners approved Miscellaneous Resolution #21378 which appropriated
$2,000,000 for the FY 2022 Tri-Party Road Improvement Program allocation for
projects managed by the RCOC; and
WHEREAS the City of Wixom, along with the RCOC, has identified a project
and said project is ready to be undertaken immediately; and
WHEREAS the project meets the terms and conditions of the Tri-Party Road
Improvement Program and the local cost participation agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners hereby approves the project submitted by the City of Wixom
and authorizes the transfer of Tri-Party Road Improvement Program funds in
the amount of $150,000 from Non-Departmental Transfers appropriation
(9090101).
BE IT FURTHER RESOLVED additional project costs, not greater than 15%
from the original agreement, which are consistent with the project as originally
approved, will be paid when invoiced and appropriated in the quarterly forecast
resolution.
BE IT FURTHER RESOLVED that additional project costs exceeding 15% of
the original agreement will require a separate resolution.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to
forward copies of this resolution to the Road Commission for Oakland County,
Oakland County Fiscal Services, and the City of Wixom.
BE IT FURTHER RESOLVED that the FY 2022 budget shall be amended as
described in the attached Schedule A – Budget Amendment.
Vote Summary (19-0-0)
Yes: David Woodward, Michael Gingell, Karen Joliat, Kristen Nelson, Eileen
Kowall, Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Chuck
Moss, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles
Cavell, Penny Luebs, Janet Jackson, Gary McGillivray, Robert Hoffman, Adam
Kochenderfer
No: None
Abstain: None
Attachments:
1.Schedule A - Budget Amendment - Project No. 56561
2.Tri Party-City of Wixom Project 56561
c.Facilities Maintenance and Operations - Resolution Pontiac Health Center
Building Renovation Project
Michael Gingell moved to adopt the attached Resolution: Pontiac Health Center
Building Renovation Project. Seconded by Penny Luebs.
Motion Passed.
MISCELLANEOUS RESOLUTION #22-004
Sponsored By: William Miller III
IN RE: Pontiac Health Center Building Renovation Project
WHEREAS the ongoing operation of the Sheriff's Evidence Processing Center
is critical; and
WHEREAS the existing evidence processing center located in the basement of
the jail is operating in inadequate building conditions, which has been subject to
flooding on several occasions; and
WHEREAS Facilities Maintenance and Operations (FM&O) is recommending
the renovation of the south side of the existing Pontiac Health Center Building to
provide a modern evidence processing center; and
WHEREAS the building will receive previously planned building maintenance
improvements; and
WHEREAS the project will also include lower-level renovations that will provide
storage to various County departments; and
WHEREAS the renovation and relocation will be performed by in-house staff
and outside contractors obtained through the Purchasing Division; and
WHEREAS the design services for this project will be provided by Hooker
DeJong Architects of Muskegon, MI and the construction management services
will be provided by Frank Rewold & Son of Rochester, MI (both competitively
bid annual contractors); and
WHEREAS funding for these renovations is included in the Building
Improvement Fund; and
WHEREAS the total cost of the project is $4,690,789, which includes
$2,241,676 for the main level building renovation; $1,148,494 for previously
planned building maintenance improvements; $751,290 for inflationary
contingency; $366,279 for lower-level storage area renovations; $152,050 for
roof solar panel system installation; and $31,000 for architectural, engineering,
and construction administration fees (see attached project estimate); and
WHEREAS funding in the amount of $4,427,259 is available for transfer from
the FY 2022 Capital Improvement Program/Building Improvement Fund
(#40100) to the Project Work Order Fund (#40400) for the Pontiac Health
Center Building Renovation Project; and
WHEREAS additional funding in the amount of $263,530 is available from
previously approved projects in the Project Work Order Fund (#40400) that
were completed under budget as follows:
-$197,141 Project Work Order Fund (#40400) Remodeling and Expansion of
Forensic Laboratory Toxicology Unit Project #100000001812 -$66,389 Project
Work Order Fund (#40400) Patrol Services Relocation Project #100000001829.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners hereby authorizes the Pontiac Health Center Building
Renovation Project in the amount of $4,690,789.
BE IT FURTHER RESOLVED that the Board of Commissioners authorizes the
transfer of funding for the Pontiac Health Center Building Renovation Project
(#100000003618) in the amount of $4,690,789 from the Capital Improvement
Program/Building Improvement Fund (#40100) to the Project Work Order Fund
(#40400) as detailed below:
BUILDING
IMPROVEMENT FUND
(#40100)
FY 2022
Revenues:
1040801-148020-695500-
40400
Transfer In-Proj Work
Order
$263,530
1040801-148020-665882 Planned Use of Balance $4,437,259
Total Revenues $4,690,789
Expenditures:
1040801-148020-788001-
40400
Transfer Out - Proj Work
Order
$4,690,789
Total Expenditures $4,690,789
PROJECT WORK
ORDER FUND (#40400)
Project ID 100000003618,
Activity PROJ
Revenues:
1040801-148020-695500 Transfer In - Building
Fund
$4,690,789
Total Revenues $4,690,789
Expenditures:
1040801-148020-796500 Budgeted Equity Adjust $4,690,789
Total Expenditures $4,690,789
PROJECT WORK
ORDER FUND (#40400)
Project ID 100000001812,
Activity PROJ
Revenues:
1040101-148020-665882 Planned Use of Balance $197,141
Total Revenues $197,141
Expenditures
1040101-148020-788001-
40100
Transfer Out - Building
Fund
$197,141
Total Expenditures $197,141
PROJECT WORK
ORDER FUND (#40400)
Project ID 100000001829, Activity
PROJ
Revenues:
1040101-148020-665882 Planned Use Balance $66,389
Total Revenues $66,389
Expenditures
1040101-148020-788001-
40100
Transfer Out - Building
Fund
$66,389
Total Expenditures $66,389
Vote Summary (19-0-0)
Yes: David Woodward, Michael Gingell, Karen Joliat, Kristen Nelson, Eileen
Kowall, Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Chuck
Moss, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles
Cavell, Penny Luebs, Janet Jackson, Gary McGillivray, Robert Hoffman, Adam
Kochenderfer
No: None
Abstain: None
Attachments:
1.MR Pontiac Health Sheriff's Renovation 12.28.21
2.Project Location-34East
3.Sheriffs Dept. Pontiac Health Renovation - Project Estimate (1)
11.FINANCE COMMITTEE – GWEN MARKHAM
There were no items on the Consent Agenda for the Finance Committee.
12.LEGISLATIVE AFFAIRS AND GOVERNMENT OPERATIONS COMMITTEE –
KRISTEN NELSON
a.Board of Commissioners - Resolution Designating January 11, 2022 as
National Human Trafficking Awareness Day and January 2022 as Slavery
and Human Trafficking Prevention Month in Oakland County
Michael Gingell moved to adopt the attached Resolution: Designating January
11, 2022 as National Human Trafficking Awareness Day and January 2022 as
Slavery and Human Trafficking Prevention Month in Oakland County. Seconded
by Penny Luebs.
Motion Passed.
MISCELLANEOUS RESOLUTION #22-005
Sponsored By: Janet Jackson
IN RE: Designating January 11, 2022 as National Human Trafficking
Awareness Day and January 2022 as Slavery and Human Trafficking
Prevention Month in Oakland County
WHEREAS human trafficking is a form of modern-day slavery and is a crime
against humanity that violates the most basic human rights; and
WHEREAS human trafficking victims are children - boys and girls, along with
adults - men and women who are recruited, harbored, obtained, or exported
through force, fraud, or coercion for the purposes of sexual exploitation, forced
labor, involuntary servitude, debt bondage and other methods of slavery; and
WHEREAS an estimated 100,000 to 300,000 American children - boys and
girls, some as young as 14 years old, are at risk of being trafficked for
commercial sex in the United States each year as part of the $9.8 billion U.S.
sex trafficking industry, according to a report from anti-trafficking group Shared
Hope International; and
WHEREAS even with the diligent efforts of federal, state, and local law
enforcement, human trafficking is the fastest growing and second largest
criminal industry in the world today, according to the U.S. Department of Health
and Human Services; and
WHEREAS the International Labor Organization estimates that there are over
40 million victims of human trafficking worldwide; and
WHEREAS the State of Michigan has the 7th largest call volume to the National
Human Trafficking Resource Center hotline; and
WHEREAS in 2019, Michigan had 364 trafficking cases, 184 victims identified,
and 145 businesses were involved in trafficking; and
WHEREAS in 2007, the U.S. Senate designated January 11th as National
Human Trafficking Awareness Day to raise awareness of sexual slavery and
human trafficking worldwide; and
WHEREAS in 2010, President Barack Obama continued to address the
injustice of modern slavery and human trafficking and proclaimed January as
National Slavery and Human Trafficking Prevention Month, culminating in the
annual celebration of National Freedom Day on February 1st; and
WHEREAS Michigan's Attorney General has identified human trafficking as a
serious concern for law enforcement agencies, coordinating efforts for training,
awareness, and victim care; and
WHEREAS the Human Trafficking Commission Act, Act 325 of 2014,
established the Michigan Human Trafficking Commission for the prevention,
intervention, and rehabilitation to the illegal act of human trafficking in the State;
and
WHEREAS the Oakland County Board of Commissioners sponsored a
successful event in 2014 to provide human trafficking professional training and
public awareness; and
WHEREAS on January 14, 2015, a majority of the new legislation from the
2014 Human Trafficking Legislative Package took effect to fight against the
horrific crimes of human trafficking. It was in 2015, that the Oakland County
Human Trafficking Task Force was created; and
WHEREAS Oakland County is dedicated to preventing and combating human
trafficking and, through a collaborative effort, has launched the Oakland County
Human Trafficking website to enhance public awareness, conduct outreach in
the community, and work with the victims of human trafficking; and
WHEREAS Oakland County remains unrelenting in its efforts to end the
exploitation and injustice suffered by the victims of this crime and in 2018, in
partnership with Common Ground, launched the Oakland County Human
Trafficking Hot Line to provide trafficking victims crisis support, intervention and
program services; and
WHEREAS all people must work to dismantle trafficking networks, help
survivors rebuild their lives, address the underlying forces that push so many
into bondage, develop economies that create legitimate jobs, and build a global
sense of justice that says no child or adult should ever be exploited.
NOW THEREFORE BE IT RESOLVED the Board of Commissioners
recognizes January 11, 2022, as Human Trafficking Awareness Day and
January 2022 as Slavery and Human Trafficking Prevention Month to bring
awareness and prevention to the crime of human trafficking in Oakland County
and every day strive to restore to all people the most basic rights of freedom,
dignity, and justice.
BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds
is requested to forward a copy of this resolution to the Michigan Abolitionist
Project, the Michigan Human Trafficking Task Force, the Michigan Rescue and
Reach Coalition, Sheriff Michael Bouchard, Oakland Schools, CARE House of
Oakland County, Common Ground, Sanctum House, Centro Multicultural La
Familia, Crossroads for Youth, Jewish Family Services, and Youth Assistance
for Oakland County.
Vote Summary (19-0-0)
Yes: David Woodward, Michael Gingell, Karen Joliat, Kristen Nelson, Eileen
Kowall, Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Chuck
Moss, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles
Cavell, Penny Luebs, Janet Jackson, Gary McGillivray, Robert Hoffman, Adam
Kochenderfer
No: None
Abstain: None
b.Human Resources - Resolution for a COVID-19 Temporary Emergency
Leave Policy Extension
Michael Gingell moved to adopt the attached Resolution: for a COVID-19
Temporary Emergency Leave Policy Extension. Seconded by Penny Luebs.
Motion Passed.
MISCELLANEOUS RESOLUTION #22-006
Sponsored By: Kristen Nelson
IN RE: for a COVID-19 Temporary Emergency Leave Policy Extension
WHEREAS in an effort to provide flexibility for departments to address
employees who may be experiencing issues due to COVID-19, the Board of
Commissioners approved a Temporary Emergency Leave Policy (“Policy”) with
M.R. #20334, and an extension to this policy with M.R. #20636; and
WHEREAS to qualify under the Policy, the absence must be related to needs
as a result of COVID-19, or an involuntary or voluntary furlough due to COVID-
19; and
WHEREAS qualifying leaves referenced in the Policy must be approved by the
employee’s department as well as the Human Resources Department; and
WHEREAS the Policy allows departments and employees flexibility regarding
work schedules / work hours that meet the Policy criteria and will require
employees to sign an agreement that overtime will be calculated based on over
40 hours per week; and
WHEREAS the Human Resources Department is proposing to extend the
Policy (with the exception of the Expanded FMLA) and provide an additional 40
hours of Temporary Emergency Leave to all full-time employees and an
additional 20 hours of Temporary Emergency Leave to all part-time, non-eligible
employees to use in case of illness or school/daycare closures, effective upon
Board of Commissioners approval through June 30, 2022; and
WHEREAS no additional funding is required at this time and any required
overtime due to department staffing requirements will be monitored.
NOW THEREFORE BE IT RESOLVED the Oakland County Board of
Commissioners approves extending the COVID-19 Temporary Emergency
Leave Policy from January 1, 2022, through June 30, 2022.
BE IT FURTHER RESOLVED that no budget amendment is required at this
time.
Vote Summary (19-0-0)
Yes: David Woodward, Michael Gingell, Karen Joliat, Kristen Nelson, Eileen
Kowall, Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Chuck
Moss, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles
Cavell, Penny Luebs, Janet Jackson, Gary McGillivray, Robert Hoffman, Adam
Kochenderfer
No: None
Abstain: None
Attachments:
1.HR - COVID 19 Additional NPH hours for 2022
2.HR - COVID 19 Temporary Emergency Leave Policy Revised 12-28-2021
13.PUBLIC HEALTH AND SAFETY COMMITTEE – PENNY LUEBS
a.Emergency Management & Homeland Security - Grant Application with the
Federal Emergency Management Agency for the Hazard Mitigation Grant
Program
Michael Gingell moved to adopt the attached Grant Application: with the Federal
Emergency Management Agency for the Hazard Mitigation Grant Program.
Seconded by Penny Luebs.
Motion Passed.
MISCELLANEOUS RESOLUTION #22-007
Sponsored By: Penny Luebs
IN RE: with the Federal Emergency Management Agency for the Hazard
Mitigation Grant Program
WHEREAS the Emergency Management & Homeland Security Department
(EMHSD) is applying for Hazard Mitigation Grant Funds from the Federal
Emergency Management Agency (FEMA) for FY 2022 through FY 2025; and
WHEREAS the EMHSD was made aware of the availability of Hazard Mitigation
Grant Funds for communities in Michigan due to disasters in 2020; and
WHEREAS the EMHSD is responsible for the completion of the Oakland
County Hazard Mitigation Plan; and
WHEREAS the purpose of Hazard Mitigation activities is to reduce or eliminate
future property damages and/or loss of life from natural hazards such as floods,
tornadoes, and storms; and
WHEREAS FEMA provides funds for hazard mitigation planning activities; and
WHEREAS grant funding in the amount of $135,000 is being requested to hire
a consultant to assist with the completion of the Oakland County Hazard
Mitigation Plan; and
WHEREAS the 25% required in-kind match of $45,000 represents the EMHSD
staff labor to support the planning process; and
WHEREAS the grant application has completed the Grant Review Process
according to the Board of Commissioners Grant Procedures.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the submission of the FEMA DR-4494-MI Hazard
Mitigation Grant.
BE IT FURTHER RESOLVED that acceptance of this grant does not obligate
the County to any future commitment including continuation of any special
revenue positions if/when the grant expires.
BE IT FURTHER RESOLVED that no budget amendment is required at this
time.
Vote Summary (19-0-0)
Yes: David Woodward, Michael Gingell, Karen Joliat, Kristen Nelson, Eileen
Kowall, Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Chuck
Moss, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles
Cavell, Penny Luebs, Janet Jackson, Gary McGillivray, Robert Hoffman, Adam
Kochenderfer
No: None
Abstain: None
Attachments:
1.GRANT REVIEW SIGN OFF Haz Mit Application
2.EMHSD_Hazard_Mitigation_Grant_App_2021 MR
3.HMGP_Planning_Application-0720 v2
b.Sheriff’s Office - Grant Amendment #1 to Extend the FY 2021 Interlocal
Agreement with Oakland Community Health Network (OCHN) for
Medication-Assisted Treatment (MAT) and Jail Alliance with Support
(JAWS) Programming Positions at the Oakland County Jail
Michael Gingell moved to adopt the attached Grant Amendment: #1 to Extend
the FY 2021 Interlocal Agreement with Oakland Community Health Network
(OCHN) for Medication-Assisted Treatment (MAT) and Jail Alliance with
Support (JAWS) Programming Positions at the Oakland County Jail. Seconded
by Penny Luebs.
Motion Passed.
MISCELLANEOUS RESOLUTION #22-008
Sponsored By: Penny Luebs
IN RE: #1 to Extend the FY 2021 Interlocal Agreement with Oakland
Community Health Network (OCHN) for Medication-Assisted Treatment
(MAT) and Jail Alliance with Support (JAWS) Programming Positions at
the Oakland County Jail
WHEREAS the Oakland County Sheriff’s Office is amending the Fiscal Year
(FY) 2021 Interlocal Agreement with the Oakland County Health Network
(OCHN) for the FY2021 Medication-Assisted Treatment (MAT) Program and the
Jail Alliance with Support (JAWS) Program to extend the term by six (6) months
to cover services October 1, 2021 through March 31, 2022; and
WHEREAS the MAT Program provides services to inmates inside the jail for
treating opioid-use disorders; and
WHEREAS the JAWS program seeks to divert offenders with mental health
needs from custody to more appropriate community-based resources; and
WHEREAS the OCHN will reimburse the County in the amount not to exceed
$44,552 for one (1) full-time eligible (FTE) Inmate Casework Specialist position
(#4030320 – 12026) to work on the MAT and JAWS Programs for October 1,
2021 through March 31, 2022; and
WHEREAS the OCHN will reimburse the County in the amount not to exceed
$66,066 for one (1) full-time eligible (FTE) Inmate Caseworker position
(#4030320 – 06577) to offer mental health services to inmates having serious
and persistent mental illnesses and two (2) part-time non-eligible (PTNE)
Inmate Caseworker positions (#4030320 – 11611 and 11612) to work on the
JAWS program for October 1, 2021 through March 31, 2022; and
WHEREAS the not to exceed amount for the FTE Inmate Caseworker position
(#4030320 – 06577) is $36,615.50 for October 1, 2021 through March 31, 2022
and excludes fringe benefits; the not to exceed amount for the two PTNE
Inmate Caseworker positions (#4030320 – 11611 and 11612) is $29,450.50 and
excludes fringe benefits.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves Amendment #1 to the Interlocal Agreement with the
Oakland County Heath Network for the FY 2021 Medication-Assisted Treatment
Program and Jail Alliance with Support Program in the amount of $110,618 for
the time period October 1, 2021 through March 31, 2022.
BE IT FURTHER RESOLVED to continue one (1) General Fund/General
Purpose (GF/GP) full-time eligible (FTE) Inmate Casework Specialist position
(#4030320 – 12026), one (1) GF/GP full-time eligible (FTE) Inmate Caseworker
position (#4030320 – 06577), and two (2) GF/GP part-time non-eligible (PTNE)
1,000 hours per year Inmate Caseworker positions (#4030320 – 11611 and
11612).
BE IT FURTHER RESOLVED that the continuation of these positions is
contingent upon continued reimbursement funding.
BE IT FURTHER RESOLVED that the FY 2022 budget is amended as detailed
in the attached Schedule A.
Vote Summary (19-0-0)
Yes: David Woodward, Michael Gingell, Karen Joliat, Kristen Nelson, Eileen
Kowall, Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Chuck
Moss, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles
Cavell, Penny Luebs, Janet Jackson, Gary McGillivray, Robert Hoffman, Adam
Kochenderfer
No: None
Abstain: None
Attachments:
1.OCSO Amendment 1 FY21 OCHN MAT & JAWS Extension Schedule
A_R1
2.2021.12.07 INTERLOC Amend #1 2021.11.30 MAT_JAWS Combined
FY21-1 Final Draft
c.Sheriff’s Office - Grant Acceptance with the U.S. Department of Justice,
Bureau of Justice Assistance for the 2021 DNA Capacity Enhancement
and Backlog Reduction (CEBR) Program
Michael Gingell moved to adopt the attached Grant Acceptance: with the U.S.
Department of Justice, Bureau of Justice Assistance for the 2021 DNA Capacity
Enhancement and Backlog Reduction (CEBR) Program. Seconded by Penny
Luebs.
Motion Passed.
MISCELLANEOUS RESOLUTION #22-009
Sponsored By: Penny Luebs
IN RE: with the U.S. Department of Justice, Bureau of Justice Assistance
for the 2021 DNA Capacity Enhancement and Backlog Reduction (CEBR)
Program
WHEREAS the Oakland County Sheriff’s Office applied for and has been
awarded the Fiscal Year (FY) 2021 DNA Capacity Enhancement and Backlog
Reduction (CEBR) Program Grant funding in the amount of $431,351 from the
U.S. Department of Justice, Bureau of Justice Assistance; and
WHEREAS the grant period is October 1, 2021 through September 30, 2023;
and
WHEREAS the Oakland County Sheriff’s Office (OCSO) provides forensic
laboratory services to Oakland County and its neighboring communities; and
WHEREAS grant funding will be used to continue three (3) Full-Time Eligible
(FTE) Special Revenue (SR) Forensic Laboratory Analyst positions (#4030910-
12173, 12450, and 12451) in the Sheriff's Office Investigative & Forensic
Services Division, Forensic Services Unit (#4030910); and
WHEREAS the grant award has completed the Grant Review Process in
accordance with the Grants Policy approved by the Board at their January 21,
2021 meeting.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners accepts the FY 2021 DNA Capacity Enhancement and Backlog
Reduction (CEBR) Program Grant award from the U.S. Department of Justice,
Bureau of Justice Assistance in the amount of $431,351 for the period of
October 1, 2021 through September 30, 2023.
BE IT FURTHER RESOLVED to continue three (3) Full-Time Eligible (FTE)
Special Revenue (SR) Forensic Laboratory Analyst positions (#4030910-12173,
12450, and 12451) in the Sheriff's Office Investigative & Forensic Services
Division, Forensic Services Unit (#4030910).
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.
BE IT FURTHER RESOLVED the budget is amended as detailed in the
attached Schedule A.
Vote Summary (19-0-0)
Yes: David Woodward, Michael Gingell, Karen Joliat, Kristen Nelson, Eileen
Kowall, Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Chuck
Moss, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles
Cavell, Penny Luebs, Janet Jackson, Gary McGillivray, Robert Hoffman, Adam
Kochenderfer
No: None
Abstain: None
Attachments:
1.Grant Review Sign-Off FY22
2.2021 CEBR Grant Schedule A R1
3.FY 2021 CEBR Award_15PBJA-21-GG-03137-DNAX
4.FY 2021 CEBR_Budget_OCSO_Rev 12-21_Redacted
d.Sheriff’s Office - Contract Amendment #1 with the Charter Township of
Oxford for the 2022-2024 Law Enforcement Services Agreement
Michael Gingell moved to adopt the attached Contract: Amendment #1 with the
Charter Township of Oxford for the 2022-2024 Law Enforcement Services
Agreement. Seconded by Penny Luebs.
Motion Passed.
MISCELLANEOUS RESOLUTION #22-010
Sponsored By: Penny Luebs
IN RE: Amendment #1 with the Charter Township of Oxford for the 2022-
2024 Law Enforcement Services Agreement
WHEREAS the Charter Township of Oxford has contracted with the Oakland
County Sheriff's Office to provide law enforcement services for the Township
(M.R. #21524); and
WHEREAS paragraph 29 of the agreement provided that an amendment to this
agreement must be approved by a resolution of the Oakland County Board of
Commissioners and the Charter Township of Oxford; and
WHEREAS the Charter Township of Oxford has requested an amendment to
the agreement adding one (1) Patrol Investigator position beginning on January
29, 2022, and continuing until the current agreement expires or is terminated;
and
WHEREAS the Sheriff has agreed to the provisions of Amendment #1 for the
Charter Township of Oxford under the terms of this agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves and authorizes its Chairperson to sign Amendment #1
to the original Oakland County Sheriff's Office 2022 – 2024 Law Enforcement
Services Agreement with the Charter Township of Oxford to add one (1) Patrol
Investigator position beginning on January 29, 2022 and continuing until the
Oakland County Sheriff's Office 2022 - 2024 Law Enforcement Services
Agreement with the Charter Township of Oxford expires or is terminated.
BE IT FURTHER RESOLVED to create one (1) GF/GP full-time eligible Deputy
II position in the Sheriff’s Office, Patrol Services Division, Oxford Unit
(#4030626).
BE IT FURTHER RESOLVED that one (1) marked patrol vehicle with cell
phone, body-worn camera, mobile radio, prep radio, MDC, and Video Camera
be added to the County fleet to satisfy the requirements of Amendment #1.
BE IT FURTHER RESOLVED that the future level of service, including the
continuation of position(s), is contingent upon the level of funding associated
with this agreement.
BE IT FURTHER RESOLVED that this amendment will take effect January 29,
2022.
BE IT FURTHER RESOLVED the FY 2022 – FY 2024 budgets are amended as
detailed in the attached Schedule A.
Vote Summary (19-0-0)
Yes: David Woodward, Michael Gingell, Karen Joliat, Kristen Nelson, Eileen
Kowall, Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Chuck
Moss, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles
Cavell, Penny Luebs, Janet Jackson, Gary McGillivray, Robert Hoffman, Adam
Kochenderfer
No: None
Abstain: None
Attachments:
1.Sheriff Amendment #1 LES Agreement with Oxford Schedule A
2.Sheriff - Amendment #1 LES Agreement with Township of Oxford 2022-
2024. Write Up
3.Sheriff 2022-2024 LES Agreement Oxford Amend #1
e.Sheriff’s Office - Sponsorship or Donation from Mission Oakland of One
(1) Therapy Canine Dog for the Therapy Canine Program
Michael Gingell moved to adopt the attached Sponsorship or Donation: from
Mission Oakland of One (1) Therapy Canine Dog for the Therapy Canine
Program. Seconded by Penny Luebs.
Motion Passed.
MISCELLANEOUS RESOLUTION #22-011
Sponsored By: Penny Luebs
IN RE: from Mission Oakland of One (1) Therapy Canine Dog for the
Therapy Canine Program
WHEREAS Miscellaneous Resolution #19005 requires gift donations of any
value that have a financial implication to the County to be officially
acknowledged by the County and accepted by resolution; and
WHEREAS the Sheriff’s Office has received a donation of one (1) therapy
canine dog (“Oxford”) from Mission Oakland with an estimated value of $3,000;
and
WHEREAS Mission Oakland is a 501(c)3 (non-profit), established in 2019, with
a mission to support the Oakland County Sheriff’s Office, community
organizations within Oakland County, and to lend financial assistance to those
who are battling hardship and illness within the law enforcement community;
and
WHEREAS a Memorandum of Understanding was entered into on June 29,
2021, between the Oakland County Sheriff’s Office, the County of Oakland and
the Oakland County Deputy Sheriff’s Association (OCDSA) to create a Therapy
Canine Program within the Sheriff’s Office; and
WHEREAS the Therapy Canine Handlers will be sworn, and certified deputies
and the Therapy Canine Program will be supervised by the Training Unit; and
WHEREAS the Training Unit will be responsible for ensuring each Handler is up
to date on training including, but not limited to, obedience, certification, and
service/therapy training with certification from a nationally recognized therapy
training association; and
WHEREAS the Therapy Canine Program can be used for the following, but not
limited to:
Daily Duties (Extension of the Handler)
Public Events
Community Outreach and Engagement
Major/Traumatic Incidents
School Demonstrations
Grief, Loss, and/or Trauma Related Events
Natural Disaster Incidents
Victim Forensic Interviews
Criminal Investigation Interviews
Crisis Intervention for both citizens and OCSO personnel/families
Medical Facility Visits (Hospitals, Veterans Affairs (VA) Clinics, Nursing
Homes, etc.)
and any use not covered by this list as deemed appropriate by the Sheriff or
their designee; and
WHEREAS the cost of food, veterinary care, grooming, boarding where
necessary, equipment, and other related items for the canines will be paid for by
the County; and
WHEREAS a budget amendment for the care of the canines will be
incorporated with the resolution adopting the collective bargaining agreement
for employees represented by the OCDSA; and
WHEREAS similar to the K-9 Program, if the Handler or Therapy Canine are
retired, the Handler has the option to purchase the Therapy Canine for the
value of $1.00.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes the acceptance of the donation of one (1) therapy
canine dog from Mission Oakland with an estimated value of $3,000.
BE IT FURTHER RESOLVED a budget amendment is not required as the cost
of food, veterinary care, grooming, boarding where necessary, equipment, and
other related items for the canines will be paid for by the County and a budget
amendment will be incorporated with the resolution adopting the bargaining
agreement for employees represented by the OCDSA.
BE IT FURTHER RESOLVED if the Handler or Therapy Canine are retired, the
Handler has the option to purchase the Therapy Canine for $1.00.
Vote Summary (19-0-0)
Yes: David Woodward, Michael Gingell, Karen Joliat, Kristen Nelson, Eileen
Kowall, Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Chuck
Moss, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles
Cavell, Penny Luebs, Janet Jackson, Gary McGillivray, Robert Hoffman, Adam
Kochenderfer
No: None
Abstain: None
Attachments:
1.Mission Oakland - Therapy Canine Donation - January 2022
f.Public Services - Children's Village - Grant Acceptance with the Office of
Health and Nutrition Services, Michigan Department of Education for the
2021-2022 National School Lunch Program
Michael Gingell moved to adopt the attached Grant Acceptance: with the Office
of Health and Nutrition Services, Michigan Department of Education for the
2021-2022 National School Lunch Program. Seconded by Penny Luebs.
Motion Passed.
MISCELLANEOUS RESOLUTION #22-012
Sponsored By: Penny Luebs
IN RE: with the Office of Health and Nutrition Services, Michigan
Department of Education for the 2021-2022 National School Lunch
Program
WHEREAS Oakland County Children’s Village has applied for and been
awarded the National School Lunch Program Grant from the Office of Health
and Nutrition Services, Michigan Department of Education for reimbursement of
meals and snacks provided to the residents at Children’s Village for the period
July 1, 2021, through June 30, 2022; and
WHEREAS the Office of Health and Nutrition Services, Michigan Department of
Education administers the United States Department of Agriculture National
School Lunch/Commodity Distribution, Afterschool Snack and Breakfast
Programs, along with the Seamless Summer Option; and
WHEREAS the purpose of the programs is to make nutritionally balanced, low-
cost meals, snacks, and milk available statewide to children through the
completion of high school; and
WHEREAS the Oakland County Children’s Village is licensed as a residential
childcare institution; and
WHEREAS the campus residents except, Mandy’s Place residents, qualify for
free severe need breakfasts, free lunches, and free afterschool snacks seven
days a week and are reimbursed based on rates provided in Administrative
Memo No.1 dated August 17, 2021; and
WHEREAS in addition, the Michigan Department of Education, in response to
the COVID-19 pandemic, has extended the SSO, Seamless Summer Option of
the National School Lunch Program into the school year and expanded the
qualifications for participation to include residential childcare institutions; and
WHEREAS Children’s Village under the Seamless Summer Option qualifies for
an extra .1125 cents per breakfast and .5675 cents per lunch served to
residents; and
WHEREAS the grant amount is unknown at the time of acceptance; however, it
is based on the attached per meal reimbursement rates; and
WHEREAS for the previous grant period of July 1, 2020, through June 30,
2021, the total cost of meals and snacks was approximately $602,820, of which
Children’s Village was reimbursed $144,230 from the Michigan Department of
Education for the school meal programs; and
WHEREAS meal provision expenditures are not recorded by program due to
cost-efficient bulk purchases that cover food services for the entire campus; and
WHEREAS there is no grant match requirement; and
WHEREAS the grant agreement has completed the Grant Review Process in
accordance with the Board of Commissioners Grant Acceptance Procedures
approved by the Board at their January 21, 2021 meeting.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes and accepts the 2021-2022 National School
Lunch/USDA Food Distribution Agreement and Certification Statement for grant
meal reimbursements for the period July 1, 2021, through June 30, 2022.
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.
BE IT FURTHER RESOLVED that acceptance of this grant does not obligate
the County to any future commitment and continuation of this program is
contingent upon continued future levels of grant funding.
BE IT FURTHER RESOLVED a budget amendment is not required at this time.
Vote Summary (19-0-0)
Yes: David Woodward, Michael Gingell, Karen Joliat, Kristen Nelson, Eileen
Kowall, Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Chuck
Moss, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles
Cavell, Penny Luebs, Janet Jackson, Gary McGillivray, Robert Hoffman, Adam
Kochenderfer
No: None
Abstain: None
Attachments:
1.Grant Review Sign-Off 2021-2022
2.NSLP 2021-2022 Grant Application
g.Health & Human Services - Health Division - Grant Acceptance with the
Michigan Department of Environment, Great Lakes, and Energy for the
Non-Community (Type II) Public Water Programs
Michael Gingell moved to adopt the attached Grant Acceptance: with the
Michigan Department of Environment, Great Lakes, and Energy for the Non-
Community (Type II) Public Water Programs. Seconded by Penny Luebs.
Motion Passed.
MISCELLANEOUS RESOLUTION #22-013
Sponsored By: Penny Luebs
IN RE: with the Michigan Department of Environment, Great Lakes, and
Energy for the Non-Community (Type II) Public Water Programs
WHEREAS the Michigan Department of Environment, Great Lakes, and Energy
(EGLE) has awarded a reimbursement agreement in the amount of $254,417 to
the Oakland County Health Division for the period October 1, 2021 through
September 30, 2022; and
WHEREAS the reimbursement agreement supports services related to Non-
community – Type II Water Supply, Long-Term Drinking Water Monitoring,
Public Swimming Pool Inspections, Septage Waste, and Campground
Inspection; and
WHEREAS all the services referenced above are ongoing; and
WHEREAS the Fiscal Year (FY) 2022 EGLE reimbursement agreement in the
amount of $254,417 reflects a decrease of $31,206 from the FY 2021
agreement amount of $285,623 (M.R. #21013); and
WHEREAS no personnel changes have been requested for the reimbursement
programs at this time; and
WHEREAS no County match is required; and
WHEREAS this grant agreement has completed the Grant Review Process in
accordance with the Grants Policy approved by the Board at their January 21,
2021 meeting.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners accepts the Michigan Department of Environment, Great Lakes,
and Energy Reimbursement Agreement in the total amount of $254,417,
beginning October 1, 2021 through September 30, 2022.
BE IT FURTHER RESOLVED that the Board Chairperson is authorized to
execute the Reimbursement 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.
BE IT FURTHER RESOLVED the FY 2022 budget is amended as detailed in the
attached Schedule A.
Vote Summary (19-0-0)
Yes: David Woodward, Michael Gingell, Karen Joliat, Kristen Nelson, Eileen
Kowall, Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Chuck
Moss, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles
Cavell, Penny Luebs, Janet Jackson, Gary McGillivray, Robert Hoffman, Adam
Kochenderfer
No: None
Abstain: None
Attachments:
1.Grant Review Sign-Off FY22 EGLE
2.PH&S Health FY2022 EGLE II Schedule A
3.FY 2022 OCHD EGLE Grant Agreement
4.mdeq FY21-22 Allocation Comparision revised
h.Health & Human Services - Health Division - Grant Amendment to the FY
2022 Local Health Department (Comprehensive) Agreement for Staffing
Modifications
Michael Gingell moved to adopt the attached Grant Amendment: to the FY 2022
Local Health Department (Comprehensive) Agreement for Staffing
Modifications. Seconded by Penny Luebs.
Motion Passed.
MISCELLANEOUS RESOLUTION #22-014
Sponsored By: Penny Luebs
IN RE: to the FY 2022 Local Health Department (Comprehensive)
Agreement for Staffing Modifications
WHEREAS the Oakland County Board of Commissioners approved
Miscellaneous Resolution #21435 for the Michigan Department of Health and
Human Services (MDHHS) Fiscal Year (FY) 2022 Local Health Department
(Comprehensive) Agreement for the period of October 1, 2021, through
September 30, 2022; and
WHEREAS the Agreement provides funding for two (2) Special Revenue (SR)
Full-Time Eligible (FTE) Public Health Nutritionist II positions (#1060291-07346,
#1060291-05401) to provide home and virtual visitations to eligible nutritionally
at-risk clients that reside within Oakland County; and
WHEREAS the complexity of case referrals ranges from individuals who are
nutritionally at-risk to those who require medical nutrition therapy; and
WHEREAS the Oakland County Health Division (OCHD) has determined that
one (1) SR FTE Public Health Nutritionist III and one (1) SR Part-Time Non-
Eligible (PTNE) Public Health Nutritionist III positions are needed to assist in
managing medical nutrition therapy cases, which require more complex care
and education: and
WHEREAS the OCHD is requesting to delete the one (1) vacant SR FTE Public
Health Nutritionist II position (#1060291-07346); and
WHEREAS the OCHD is requesting to create one (1) SR PTNE 1,000 hours
per year Public Health Nutritionist III position in the Health Division Health Infant
Promotion unit (1060291); and
WHEREAS the OCHD is requesting to upwardly reclassify the SR FTE Public
Health Nutritionist II position (#1060291-05401) to a SR FTE Public Health
Nutritionist III position; and
WHEREAS this grant amendment has completed the grant review process in
accordance with the Grants Policy approved by the Board of Commissioners at
their January 21, 2021 meeting.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners hereby approves to delete one (1) Special Revenue (SR) Full-
Time Eligible (FTE) Public Health Nutritionist II position (#1060291-07346).
BE IT FURTHER RESOLVED to create one (1) Special Revenue (SR) Part-
Time Non-Eligible (PTNE) 1,000 hours per year Public Health Nutritionist III
position in the Health Division Health Infant Promotion unit (1060291).
BE IT FURTHER RESOLVED to upwardly reclassify one (1) Special Revenue
(SR) Full-Time Eligible (FTE) Public Health Nutritionist II position (#1060291-
05401) to a Special Revenue (SR) Full-Time Eligible (FTE) Public Health
Nutritionist III.
BE IT FURTHER RESOLVED that future levels of service, including personnel,
are contingent upon the level of funding from the MDHHS for this program.
BE IT FURTHER RESOLVED that no budget amendment is needed at this time
as total funding from the State will remain the same and program costs will be updated for
any cost shifts with the next Local Health Department amendment.
Vote Summary (19-0-0)
Yes: David Woodward, Michael Gingell, Karen Joliat, Kristen Nelson, Eileen
Kowall, Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Chuck
Moss, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles
Cavell, Penny Luebs, Janet Jackson, Gary McGillivray, Robert Hoffman, Adam
Kochenderfer
No: None
Abstain: None
Attachments:
1.Grant Review Sign-Off
2.Health - FY22 LHD Grant Amendment.writeup - DRAFT - 12-02-21 (003)
REGULAR AGENDA
14.ECONOMIC DEVELOPMENT AND INFRASTRUCTURE COMMITTEE – WILLIAM
MILLER
There were no items to report on the Regular Agenda for the Economic Development
and Infrastructure Committee.
15.FINANCE COMMITTEE – GWEN MARKHAM
There were no items to report on the Regular Agenda for the Finance Committee.
16.LEGISLATIVE AFFAIRS AND GOVERNMENT OPERATIONS COMMITTEE –
KRISTEN NELSON
There were no items to report on the Regular Agenda for the Legislative Affairs and
Government Operations Committee.
17.PUBLIC HEALTH AND SAFETY COMMITTEE – PENNY LUEBS
There were no items to report on the Regular Agenda for the Public Health and Safety
Committee.
18.Reports of Special Committees
19.Special Order of Business
20.Unfinished Business
21.New & Miscellaneous Business
a.Board of Commissioners - Resolution Sponsorship for the 2022
International Bocce Tournament at Palazzo Di Bocce
MISCELLANEOUS RESOLUTION #22-015
Sponsored By: David Woodward, Michael Gingell, Penny Luebs, Michael Spisz,
Chuck Moss, Janet Jackson
IN RE: Sponsorship for the 2022 International Bocce Tournament at
Palazzo Di Bocce
WHEREAS the sport of Bocce represents one of the longest played ball games
known to mankind, with a history dating to ancient Egypt and Rome; and
WHEREAS Palazzo di Bocce, located in Lake Orion, was host to the 2005
World Bocce Championships, which was the first time the individual men and
women championships were held at one time in a single venue; and
WHEREAS the 2005 World Bocce Championships was a resounding success,
with Palazzo di Bocce playing host to 18 international countries and bringing the
contest to the United States for the first time in many years; and
WHEREAS Palazzo di Bocce had planned to build upon this tremendous
success as the host of the 2020 International Bocce Tournament, inviting
players from the United States, Canada, Italy, Brazil, Chile, San Marino, France,
Switzerland, Germany, Malta and Turkey to complete; and
WHEREAS the 2020 International Bocce Tournament was unfortunately
cancelled due to COVID-19 and the authorized sponsorship dollars were
returned to the County; and
WHEREAS Palazzo di Bocce is seeking to host the 2022 International Bocce
Tournament which presents an opportunity to showcase and promote Oakland
County as a wonderful place to work, play and live before a large national and
international audience; and
WHEREAS in previous years, Oakland County sponsored this event in its
efforts to continually invest in opportunities to drive growth and development in
its local communities; and
WHEREAS one-time funding of $15,000 is available in the Board of
Commissioners FY 2022 Budget Professional Services (Account 731458)
toward the sponsorship of the 2022 International Bocce Tournament at the
Palazzo di Bocce.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes the one-time appropriation of $15,000 from the
General Fund (#10100) Board of Commissioners Professional Services
(#731458) Account for sponsoring the 2022 International Bocce Tournament at
the Palazzo di Bocce.
BE IT FURTHER RESOLVED that the Board of Commissioners requests that
Corporation Counsel negotiate an Agreement with Palazzo Di Bocce and
authorizes the Board Chairperson, or his designee, to execute the Agreement
and any related documents between Oakland County and Palazzo Di Bocce.
BE IT FURTHER RESOLVED that a FY 2022 budget amendment is not
required at this time
Chairperson, the following Commissioners are sponsoring the foregoing
Resolution: Michael Gingell.
The Chairperson referred the resolution to the Economic Development and
Infrastructure Committee. There were no objections.
b.Board of Commissioners - Resolution Establish a Regional Partnership
between Oakland, Wayne, and Macomb Counties for Broadband and
Equity and Water Infrastructure
MISCELLANEOUS RESOLUTION #22-016
Sponsored By: David Woodward, Marcia Gershenson, Michael Spisz, Charles
Cavell, Yolanda Smith Charles, Michael Gingell, Robert Hoffman, Janet
Jackson, Karen Joliat, Adam Kochenderfer, Eileen Kowall, Thomas Kuhn,
Christine Long, Penny Luebs, Gwen Markham, Gary McGillivray, William Miller
III, Chuck Moss, Kristen Nelson, Angela Powell, Philip Weipert
IN RE: Establish a Regional Partnership between Oakland, Wayne, and
Macomb Counties for Broadband and Equity and Water Infrastructure
WHEREAS internet and broadband accessibility and water infrastructure issues
are economic and social challenges which are regional in nature and are most
effectively addressed by cooperation across jurisdictional boundaries; and
WHEREAS the County Commissions of Oakland, Wayne and Macomb
Counties convened at the 2021 Tri-County Summit on November 12, 2021, to
gain insight and collaborate toward finding regional solutions to common issues;
and
WHEREAS a sustainable future is one built on meeting today’s needs without
compromising the ability of future generations to meet their needs, and must
encompass the triple bottom line of integrity, prosperity and equity; and
WHEREAS this objective can best be achieved through joint partnerships
between the County Commissions of Oakland, Wayne and Macomb; and
WHEREAS these partnership groups, to be called the Regional Partnership for
Broadband Infrastructure and Equity and the Regional Partnership for Water
Infrastructure, will establish a framework for dealing with a wide range of
internet and broadband accessibility and water infrastructure challenges facing
the Southeast Michigan region; and
WHEREAS these two partnership groups are substantive outcomes of the 2021
Tri-County Summit, as well as entities through which government, business and
institutions within the region can work together to craft desired goals which
result in sound solutions for a successful future; and
WHEREAS Oakland County is confident that this collaborative commitment
from Tri-County communities will prove to be a model for regional growth and
sustainability.
NOW THEREFORE BE IT RESOLVED that the Oakland, Wayne and Macomb
County Commissions hereby recognize the significant benefit of regional
cooperation and join together to establish the Regional Partnership for
Broadband Infrastructure and Equity and the Regional Partnership for Water
Infrastructure.
BE IT FURTHER RESOLVED that two steering committees shall be formed
with bi-partisan (as appropriate) voting representatives each from the
Commissions of Oakland, Wayne, and Macomb Counties to provide direction
and oversight; the steering committees may include non-voting members
representing county departments and subject matter experts.
BE IT FURTHER RESOLVED that the Commissions of Oakland, Wayne, and
Macomb Counties shall vote regarding the establishment of the Partnerships for
Broadband Infrastructure and Equity and Water Infrastructure at a meeting in
early 2022; and, providing the partnership groups are established, convene the
first meeting of the steering committees by February 25, 2022.
BE IT FURTHER RESOLVED that the Partnership groups will have an
approximate six-month duration during which information, studies and
recommendations for action will be gathered and created which will culminate in
a presentation to be made at the 2022 Tri-County Summit.
Chairperson, the following Commissioners are sponsoring the foregoing
Resolution: David Woodward.
The Chairperson referred the resolution to the Legislative and Government
Operations Committee. There were no objections.
c.Board of Commissioners - Resolution Urging Oakland County to Pay all
Surplus Proceeds, with Interests, to any Affected Taxpayer that the
County has Previously Retained from Tax-foreclosed Properties
MISCELLANEOUS RESOLUTION #22-017
Sponsored By: Robert Hoffman
IN RE: Urging Oakland County to Pay all Surplus Proceeds, with Interests,
to any Affected Taxpayer that the County has Previously Retained from
Tax-foreclosed Properties
WHEREAS the July 2020 Michigan Supreme Court ruling, in case of Rafaeli v.
Oakland County, presented a substantial change to the way Michigan
municipalities must deal with surplus proceeds from tax-foreclosed properties
pursuant to Michigan’s General Tax Act (“the Act”); and
WHERAS the Michigan Supreme Court has ruled that provisions of the Act
violate the Michigan Constitution by permitting counties to keep taxpayers’
surplus proceeds received by the counties from the foreclosure sale of
taxpayers’ properties; and
WHEREAS in December of 2020, in response to the Rafaeli decision, the
Michigan Legislature has amended the Act to require the return of excess
proceeds from a foreclosure sale of a taxpayer's property to the taxpayer and to
provide a procedure through which the taxpayer of auctioned property can
pursue their interest in the surplus proceeds of a real estate foreclosure sale;
and
WHEREAS the Act, as amended, provides affected taxpayers with a process
for claiming an interest in proceeds and creates a two-year limitation period for
claims of possession or recovery of foreclosed property, or claims alleging
violation of the laws with respect to foreclosed property; and
WHEREAS the law also imposes an affirmative obligation on potential
claimants to assert their rights; and
WHEREAS concurrently with the foregoing court proceedings and legislative
action in Michigan, the United States Sixth Circuit Court of Appeals has entered
an opinion that has determined that Michigan counties’ taking of a taxpayer’s
equity that exceeds a taxpayer’s tax obligations, is an unconstitutional taking
under the Fifth Amendment of the U.S. Constitution, entitling the taxpayer to
recovery of such surplus, together with interest and with the possibility of an
award of reasonable attorney fees; and
WHEREAS in response to the U.S. Sixth Circuit Court of Appeals ruling, the
U.S. District Court for the Eastern District of Michigan has entered judgment in
favor of the plaintiff taxpayer compelling the defendant county to pay damages
for its Fifth Amendment taking in violation of the U.S. Constitution, in the sum of
surplus proceeds, with interest, as computed based upon the real estate tax
sale price for the taxpayer’s property; and
WHEREAS the judgment entered in the U.S. District Court is now on appeal to
the U.S. Sixth Circuit Court of Appeals, seeking a ruling that the computation of
damages for a Fifth Amendment taking is the greater of the surplus proceeds
received by the County from the tax sale or the surplus proceeds based upon
the fair market value of the property sold at the tax sale; and
WHEREAS based upon the ruling of the federal courts, and the current status
of that case, the federal court’s statute of limitation for taxpayers to commence
legal action for the return of the surplus proceeds takes precedence in federal
courts over the statute of limitation set forth in the Act, as amended; and
WHEREAS on information and belief, Oakland County is subject to future
liability under an existing class action suit seeking enforcement of the federal
court’s ruling in favor of any and all affected taxpayers in the County of Oakland
whose surplus funds have been taken by Oakland County in prior years under
the Act, prior to its amendment.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners agrees to pay any surplus proceeds, with interests, to any
affected taxpayer, as adjudged to be owed by the County pursuant to the
federal court judgment, and that the County has previously retained from tax-
foreclosed properties, and whose taxpayer’s rights to recovery remain an open
legal issue under the applicable statue of limitation for such federal court action,
and including the County’s obligation to those taxpayers as may result from the
class action suit now pending in federal court relating to the same.
BE IT FURTHER RESOLVED that the Oakland County Treasurer shall inform
all tax-foreclosed property owners who are deemed entitled to benefit from the
class action litigation or who individually have the right to commence an action
to cover lost surplus proceeds under the federal statute of limitations that is
applicable to a Fifth Amendment taking in violation of the United States
Constitution.
BE IT FURTHER RESOLVED that the County’s Corporate Counsel research
and inform the Board of Commissioners as to the statute of limitations that is
applicable to bringing a Fifth Amendment violation claim in federal court
pertaining to the subject matter of this resolution.
Chairperson, the following Commissioners are sponsoring the foregoing
Resolution: Robert Hoffman.
The Chairperson referred the resolution to the Finance Committee. There were
no objections.
d.Board of Commissioners - Resolution Appropriation of American Rescue
Plan Act - Local Fiscal Recovery Funds for the 2022 Winter Blast Royal
Oak Festival Matching Grant
MISCELLANEOUS RESOLUTION #22-018
Sponsored By: David Woodward, William Miller III, Michael Spisz, Charles
Cavell, Yolanda Smith Charles, Michael Gingell
IN RE: Appropriation of American Rescue Plan Act - Local Fiscal Recovery
Funds for the 2022 Winter Blast Royal Oak Festival Matching Grant
WHEREAS in January 2005, the festival known as Motown Winter Blast, kicked
off as the official countdown to Super Bowl XL in Detroit. The festival attracted
more than one million people to Detroit during the Super Bowl in 2006; and
WHEREAS for the past 15 years, Winter Blast has continued to attract Metro-
Detroit residents to the exciting revitalized Downtown Detroit area; and
WHEREAS Organizers of the Southeast Michigan winter mainstay festival –
Winter Blast – announced that the festival will return in 2022 with a new home in
downtown Royal Oak, and with it comes a (snowy) mountain of
seasonal activities and so much is free, including admission; and
WHEREAS the inaugural Winter Blast Royal Oak will include winter-
themed experiences, family activities, a local music showcase with much more;
and
WHEREAS the Winter Blast Festival supports local economic activity at a histori
c time of year that has low economic activity, supporting local businesses as
they emerge beyond the pandemic; and
WHEREAS the 2022 Winter Blast Royal Oak is scheduled for Friday, February
18, 2022 to Sunday, February 20, 2022 in downtown Royal Oak; and
WHEREAS the sponsorship expenditure of up to $50,000 for the 2022 Winter
Blast Royal Oak Festival promises to provide a strong return on investment in
attracting economic and cultural activity in Oakland County as
well as contributing measurably to improving the quality of life of
our residents; and
NOW THEREFORE BE IT RESOLVED the Oakland County Board of
Commissioners authorizes the one-time expenditure of up to $50,000 in
American Rescue Plan Act (ARPA) Local Fiscal Recovery Funds for
sponsorship of the 2022 Winter Blast Festival in the City of Royal Oak.
BE IT FURTHER RESOLVED the Oakland County Board of Commissioners
authorizes the appropriation of $50,000 of ARPA Local Fiscal Recovery Funds
for the purpose of sponsoring the 2022 Winter Blast Festival in the City of Royal
Oak.
BE IT FURTHER RESOLVED approval of appropriations of ARPA for
programs and services by Oakland County shall not obligate a commitment of
the General Fund, unless authorized by the Board Commissioners.
BE IT FURTHER RESOLVED that the Board of Commissioners shall act as the
contract administrator for the distribution of the matching funds. The Board
authorizes the Chairperson to execute an interlocal agreement with the City of
Royal Oak for the release of matching funds in an amount equal to the
contribution by the City of Royal Oak, but not to exceed $50,000.
BE IT FURTHER RESOLVED a FY 2022 budget amendment is detailed in the
attached Schedule A.
Chairperson,the following Commissioners are sponsoring the foregoing
Resolution: Michael Gingell.
The Chairperson referred the resolution to the Economic Development and
Infrastructure Committee. There were no objections.
Attachment:
1.BOC_Winter Blast Festival_Schedule A
e.Board of Commissioners - Resolution Appropriating Funding to
Commemorate Elizabeth Denison Forth as the First African American
Landowner in Oakland County
MISCELLANEOUS RESOLUTION #22-019
Sponsored By: Angela Powell, Gwen Markham, Marcia Gershenson, Charles
Cavell, Penny Luebs, Michael Spisz, Kristen Nelson, Janet Jackson
IN RE: Appropriating Funding to Commemorate Elizabeth Denison Forth
as the First African American Landowner in Oakland County
WHEREAS in 1825, Elizabeth Denison Forth purchased 48.5 acres of land in
Pontiac from the Pontiac Company; and
WHEREAS one hundred and sixty-seven years later, a Michigan Historical
Marker honoring Ms. Forth was placed at the site of her former property, now
part of Pontiac’s Oak Hill Cemetery; and
WHEREAS Ms. Forth was inducted into the Michigan Women’s Hall of Fame in
2017; and
WHEREAS enslaved in the Michigan Territory, Ms. Forth’s story is one of
freedom and triumph of an African American woman in the late eighteenth
century; and
WHEREAS her history—shared in Oakland, Macomb, and Wayne counties—
marks the importance, and rare narrative, of how an enslaved Black woman
challenged the Territory’s legal system, self-emancipated to Canada, and
returned years later as a free woman of color; and
WHEREAS while slavery persisted in the Michigan Territory, Ms. Forth was
able to build personal wealth from a combination of financial investments,
including the land she purchased in Oakland County; and
WHEREAS one-time funding of $5,000 is available in the Board of
Commissioners FY 2022 Budget Professional Services Account (#731458) to
create two memorial historical signs and one memorial street sign in the City of
Pontiac.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes one-time funding of up to $5,000 from General Fund
(#10100) Board of Commissioners Professional Service Account (#731458) to
Commemorate Elizabeth Denison Forth as the first African American landowner
in Oakland County.
BE IT FURTHER RESOLVED that the Board of Commissioners recognizes that
by commemorating Ms. Forth, we provide an opportunity for all residents in
Oakland County to understand the legacy of slavery in our County, and to
appreciate how Ms. Forth’s efforts opened opportunities for future African
American landowners.
BE IT FURTHER RESOLVED that a FY 2022 budget amendment is not
required at this time.
Chairperson, the following Commissioners are sponsoring the foregoing
Resolution: Angela Powell.
The Chairperson referred the resolution to the Legislative Affairs and
Government Operations Committee. There were no objections.
22.Announcements
23.Public Comment
The following people addressed the Board during Public Comment #2: Bob Hoffman,
Adam Capps, Denise Capps, Gerald Riley, Michelle Zonca, Michelle Williams, Tasha
Shurgin, Laura Galuardi, Ross Baranco, Sandra Carolan, Prince Miles El and Sidney
Ross.
24.Adjournment to February 3, 2022 or the Call of the Chair
The meeting adjourned at 08:35 PM.