HomeMy WebLinkAboutMinutes - 2009.09.24 - 7058619
OAKLAND COUNTY
BOARD OF COMMISSIONERS
MINUTES
September 24, 2009
Meeting called to order by Chairperson Bill Bullard, Jr. at 9:48 a.m. in the Courthouse Auditorium, 1200 N.
Telegraph Road, Pontiac, Michigan.
Roll called.
PRESENT: Bullard, Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin,
Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts,
Runestad, Schwartz, Scott, Taub, Woodward, Zack. (25)
EXCUSED ABSENCE WITH NOTICE: None. (0)
Quorum present.
Invocation given by Christine Long.
Pledge of Allegiance to the Flag.
Moved by Potter supported by Schwartz the minutes of the September 2, 2009 Board Meeting be
approved.
A sufficient majority having voted in favor, the minutes were approved as printed.
Moved by Jacobsen supported by Coulter the agenda be amended as follows:
ITEMS ON BOARD AGENDA
PLANNING AND BUILDING COMMITTEE
a. Drain Commissioner – 2009 Lake Level Assessments for Operation and Maintenance
b. Drain Commissioner – 2009 Chapter 4 Drain Maintenance Assessment Resolution
c. Drain Commissioner – 2009 Chapter 18 Drain Maintenance Assessment
(Reason for Suspension of Planning and Building Committee, items a., b., and c.: Waiver of Rule XII.C.2:
Finance Committee review without Referral.)
ITEMS NOT ON BOARD AGENDA
FINANCE COMMITTEE
g.a. Board of Commissioners – Oakland Microloan Program
(Reason for Suspension of Finance Committee, item g.a.: Waiver of Rule III – Item was reviewed by
Finance Committee immediately prior to today’s Board meeting (not available in time for mailing of printed
agenda).
Commissioners Minutes Continued. September 24, 2009
620
GENERAL GOVERNMENT COMMITTEE
a. Tri-Party Road Improvement Program – Funding and Project Approval Process
(Reasons for Suspension of General Government Committee, item a.: Waiver of Rules III. – Item was
reviewed by GG and Finance Committees immediately prior to today’s Board meeting (not available in
time for mailing of printed agenda) and Waiver of Rule XII.C.2 – Finance Committee review without
Referral.)
b. Board of Commissioners – Appointments to the Board of County Canvassers
(Reason for Suspension of General Government Committee, item b.: Waiver of Rule III. – Item was
reviewed by GG Committee immediately prior to today’s Board meeting (not available in time for mailing
of printed agenda.)
Also, move Public Services Committee, Item c. from the Consent Agenda to the Regular Agenda.
Vote on Agenda, as amended:
AYES: Bullard, Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin,
Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts,
Runestad, Schwartz, Scott, Taub, Woodward, Zack. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the agenda, as amended, was approved.
Deputy County Clerk Connie Spak read a communication from L. Brooks Patterson, County Executive,
reappointing Fred Seeley and Peter Smith as Directors of the Economic Development Corporation for six
year terms ending May 31, 2015. Without objection the appointments were approved.
The following people addressed the Board: April Hutchings, Alice Benbow, Phyliss Slater, Buzz Brown,
Megan Owens, Robert Anderson, Becky Clark, Jay Fedewa, Dr. Michael Ross, Jeff Swanberg, Bob
Prud’homme, Walt Zymbora, Commissioner Potter, and Harold Harris.
Moved by Capello supported by Coleman 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 675. The resolutions on the Consent Agenda follow (annotated by an asterisk {*}):
*REPORT (MISC. #09195)
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – EXTENSION OF ADDITIONAL
COMPENSATION FOR OVERTIME EXEMPT EMPLOYEES FOR SPECIFIC PURPOSES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Human Resources Committee having reviewed MR #09195 on September 16, 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
Commissioners Minutes Continued. September 24, 2009
621
MISCELLANEOUS RESOLUTION #09195
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - EXTENSION OF ADDITIONAL
COMPENSATION FOR OVERTIME EXEMPT EMPLOYEES FOR SPECIFIC PURPOSES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS additional compensation for overtime exempt employees in the Information Technology
Department at a straight time hourly rate for all hours worked beyond 48 hours in a workweek for specific,
pre-approved assignments has been annually authorized beginning with Miscellaneous Resolution
#99155; and
WHEREAS the Human Resources Department initially developed and proposed this approach in
response to the occasional, identified need of the Information Technology Department to address a
particular technical project or problem; and
WHEREAS the Human Resources Department has assessed the value and cost of this program and
found it provides the Director of Information Technology with an effective management tool which is cost
and project effective compared to other alternatives such as contracted staff; and
WHEREAS updated usage statistics of Additional Compensation for Overtime Exempt Employees is
provided to the Board of Commissioners in each Information Technology Master Plan Quarterly Status
report; and
WHEREAS Miscellaneous Resolution #08193 required that this additional compensation provision be
subject to review and evaluation for continuation by the Board of Commissioners after one year; and
WHEREAS this additional compensation provision is estimated at $10,000 for Fiscal Year 2010 and is
based on previous usage for Fiscal Year 2002 - Fiscal Year 2009; and
WHEREAS funding is available in the Fiscal Year 2010 Budget for Information Technology Fund, no
budget amendment is required.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes, for one year, Fiscal
Year 2010, additional compensation for overtime exempt employees in the Information Technology
Department (excluding Managers and the Director) at a straight time hourly rate for all hours worked
beyond 48 hours in a work week (hours worked beyond 48 in a work week must be pre-approved by
supervision in order to be compensable) for specific pre-approved assignments.
BE IT FURTHER RESOLVED that Information Technology will continue to report on the usage of
additional compensation for overtime exempt employees in the Master Plan Quarterly Status document.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
(The vote for this motion appears on page 675.)
*MISCELLANEOUS RESOLUTION #09207
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY/CLEMIS - LIVE SCAN INTERLOCAL
AGREEMENT WITH THE CITY OF WIXOM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Court Law Enforcement Management Information System (“CLEMIS”) is a computerized
system that provides access to and entry of law enforcement and public safety data and facilitates the
exchange of information among public safety agencies. CLEMIS also provides access to various other
criminal justice databases. CLEMIS is interfaced with state and federal law enforcement computers,
which maintain records and files essential to the needs of the criminal justice and public safety
communities; and
WHEREAS the CLEMIS Division is a division of the Oakland County department of Information
Technology that supports public safety agencies using CLEMIS and provides services such as training,
help desk, and technical support to the public safety agencies, and that is a liaison with the State on law
enforcement technology matters; and
WHEREAS part of the information that is entered and accessed in CLEMIS includes the exchange and
submission of fingerprint information on Live Scan Equipment; and
Commissioners Minutes Continued. September 24, 2009
622
WHEREAS Miscellaneous Resolution #08084 established the Live Scan Interlocal Agreement between
various agencies for replacement of aging Live Scan equipment with new equipment which will no longer
be maintained by the CLEMIS Division, but will be maintained by the vendor who provided the County the
new Live Scan equipment; and
WHEREAS the City of Wixom was not included in the list of the municipalities at the time of establishing
the agreement for new Live Scan equipment per Misc. Resolution #08084 but has acquired new Live
Scan equipment since; and
WHEREAS the new Live Scan equipment was purchased with federal grants which have gone through
the County Executive Contract Review Process and the Board of Commissioners’ Grant Acceptance
Procedures; and
WHEREAS in exchange for the use of the Live Scan equipment for no fee, the municipalities shall be
responsible for all maintenance costs associated with the Live Scan equipment; and
WHEREAS the CLEMIS Division desires to establish an Interlocal Agreement with the City of Wixom to
delineate the responsibilities and obligations of the County and municipality regarding the use and
maintenance of the Live Scan equipment for submission and exchange of fingerprint information; and
WHEREAS the CLEMIS Division and the Department of Corporation Counsel have developed the
attached Live Scan Interlocal Agreements setting forth the rights and obligations of the County and the
municipality; and
WHEREAS the City of Wixom signing the attached Interlocal Agreement will be charged an annual
maintenance fee of $3,313 annually to the County for three years which is based upon their specific
equipment and software needs and a one year warranty on the equipment expires from vendor; and
WHEREAS the Oakland County Board of Commissioners is required under the Urban Cooperation Act of
1967 to approve Interlocal Agreements between the County and the municipalities.
NOW THERFORE BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
approves the attached Interlocal Agreement and authorizes the Chairperson of the Board of
Commissioners to sign the Agreement with the City of Wixom.
BE IT FURTHER RESOLVED that the anticipated revenue and expenses in the amount of $3,313
annually for three years relating to the anticipated Live Scan equipment coming off warranty has been
included in the Finance Committee Recommended Budget CLEMIS Fund for FY 2010 – FY 2012,
therefore no budget amendment is recommended.
Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution.
FINANCE COMMITTEE
Copy of Exhibit I – Software License Agreement and Exhibit II – System Maintenance Terms and
Conditions on file in County Clerk’s office.
LIVE SCAN AGREEMENT BETWEEN OAKLAND COUNTY AND CITY OF WIXOM
This Agreement is made between Oakland County, a Constitutional Corporation, 1200 North Telegraph,
Pontiac, Michigan 48341 and [Name and Address of Political Subdivision]. In this Agreement, the County
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 County and the Political Subdivision enter into this Agreement. The purpose of this
Agreement is to delineate the responsibilities and obligations of the Parties regarding use and
maintenance of Live Scan Equipment for submission and exchange of Fingerprint Information.
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 or amendment.
1.2. Claim means any alleged loss, claim, complaint, demand for relief or damages, cause of
action, proceeding, judgment, deficiency, liability, penalty, fine, litigation, cost, or expense,
including, but not limited to, reimbursement for reasonable attorney fees, witness fees, court
costs, investigation expenses, litigation expenses, or amounts paid in settlement, which are
imposed on, incurred by, or asserted against the County or Political Subdivision, its
Commissioners Minutes Continued. September 24, 2009
623
employees or agents, whether such Claim is brought in law, equity, tort, contract, or
otherwise.
1.3. Contractor means the vendor selected by the County, pursuant to County purchasing
policies and procedures, to provide the Live Scan Equipment and the maintenance services
for the Live Scan Equipment.
1.4. County means Oakland County, a Municipal and Constitutional Corporation including, but
not limited to, all departments, divisions, the County Board of Commissioners, elected and
appointed officials, directors, board members, council members, commissioners, authorities,
committees, employees, agents, or any such persons’ successors.
1.5. Courts and Law Enforcement Management Information System ("CLEMIS") means the
computer system which provides access to and entry of public safety and law enforcement
data and facilitates the exchange of such data between public safety and law enforcement
agencies. CLEMIS also provides access to other criminal justice databases. CLEMIS is
interfaced to state and federal law enforcement computers systems which maintain records
and files essential to the needs of the public safety and law enforcement community.
1.6. Courts and Law Enforcement Management Information System Division (“CLEMIS Division”)
means a division of the Oakland County Department of Information Technology that
supports CLEMIS users. The CLEMIS Division provides services such as training for
CLEMIS, a help desk, technical support, application development, liaison with the State on
technology matters, vendor liaison, CLEMIS administration, project management, and a
CLEMIS application backup site.
1.7. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.8. Exhibit means all of the following documents which are fully incorporated into this
Agreement:
1.8.1. Exhibit I: Software License
1.8.2. Exhibit II: Maintenance Agreement
1.9. Fingerprint Information means the fingerprint impressions and associated data that is
entered into the Live Scan Equipment by the Political Subdivision.
1.10. Live Scan Equipment (or Equipment) means cabinet or desktop style handscanner systems
including hardware, software, demographic interfaces and software customization as
delivered by the Contractor.
1.11. Maintenance Fees means the amount of money paid by the Political Subdivision to the
County to maintain the Live Scan Equipment pursuant to Section 4 of this Agreement.
Maintenance Fees do not include costs for maintenance services not covered by the
Maintenance Agreement.
1.12. Political Subdivision means [Insert Name of Political Subdivision], including, but not limited
to, its Council, departments, divisions, elected and appointed officials, directors, board
members, council members, commissioners, authorities, committees, employees, agents,
subcontractors, or any such persons’ successors.
1.13. System Manager means the individual or individuals designated by the Political Subdivision
who is the authorized point of contact between the County and the Contractor for
receiving/sending of material or Live Scan Equipment related to this Agreement or other
issues related to this Agreement.
2. COUNTY RESPONSIBILITIES. Subject to the terms and conditions contained in this Agreement,
and applicable changes in law, the County shall carry out the following:
2.1. The County shall provide Live Scan Equipment, specifically one (1) handscanner system, to
the Political Subdivision for its use. The County purchased most of the Live Scan Equipment
with grant funds; thus, the County shall remain the owner of the Live Scan Equipment, even
though it is located at the Political Subdivision.
2.2. In an effort to reduce costs to the Political Subdivision and the County, the County
negotiated and executed a single Software License Agreement, Exhibit I, and Maintenance
Agreement, Exhibit II, for all Live Scan Equipment purchased by the County.
2.3. The Contractor shall provide the maintenance services for the Live Scan Equipment, not the
County, as set forth in the Maintenance Agreement attached as Exhibit II.
2.4. Once the Political Subdivision enters and submits the Fingerprint Information into the Live
Scan Equipment, the County will submit the Fingerprint Information to the State of Michigan,
Commissioners Minutes Continued. September 24, 2009
624
pursuant to law. The County shall also store all Fingerprint Information entered and
submitted into the Live Scan Equipment at the County.
3. POLITICAL SUBDIVISION’S RESPONSIBILITIES.
3.1. The Political Subdivision shall use and operate the Live Scan Equipment properly and
according to this Agreement and applicable law.
3.2. The Political Subdivision shall comply with the Software License, attached as Exhibit I, and
the Maintenance Agreement, attached as Exhibit II.
3.3. In exchange for the use of the Live Scan Equipment, the Political Subdivision shall pay for
the maintenance services provided by the Contractor. The Maintenance Fees and the
manner of payment are set forth in Section 4 of this Agreement. The Political Subdivision
shall be solely responsible to pay for any maintenance services not covered by the
Maintenance Agreement, Exhibit II.
3.4. Each Political Subdivision shall identify a System Manager and alternative and notify the
County in writing of the System Manager and alternative. The Political Subdivision must
notify the County in writing of any changes to the System Manager and alternative within five
(5) Days of any change.
3.5. The System Manager shall be the first point of contact for the Political Subdivision when
problems occur with the Live Scan Equipment. The System Manager shall be the sole
individual responsible for relaying problems with the Live Scan Equipment to the Contractor
and/or communicating the need for maintenance to the Contractor.
3.6. The Political Subdivision shall send its employees or agents to training classes regarding
Live Scan Equipment as required by the County. The training classes shall be provided to
the Political Subdivision at no charge.
3.7. The Political Subdivision shall require that all users of Live Scan Equipment report any
problem or unusual activity to the System Manager to enable proper maintenance of the Live
Scan Equipment.
3.8. The Political Subdivision shall be solely responsible for entering Fingerprint Information into
the Live Scan Equipment for its jurisdiction.
3.9. The Political Subdivision shall be solely responsible for ensuring that the Fingerprint
Information entered into Live Scan Equipment is accurate, complete, updated, and/or purged
as required by law.
3.10. The Fingerprint Information entered into the Live Scan Equipment shall be and remain the
data of the Political Subdivision.
3.11. The Political Subdivision shall replace or repair the Live Scan Equipment which is willfully or
negligently lost, stolen, damaged, or destroyed and shall be responsible for the costs
associated with such replacement or repair, normal wear and tear excepted.
3.12. The Political Subdivision shall not move (from the facility where it is located) the Live Scan
Equipment until written notice is given to the County. The Political Subdivision shall not
dispose of the Live Scan Equipment without first getting written permission of the County.
3.13. Except as otherwise provided by this Agreement, the Political Subdivision shall be solely
responsible for all costs, fines, and fees associated with the use and misuse of the Live Scan
Equipment.
4. FINANCIAL RESPONSIBLITIES.
4.1. The County shall pay the Maintenance Fees to the Contractor annually for the Maintenance
Agreement and invoice the Political Subdivision for the amount and in the manner set forth in
this section.
4.2. The Political Subdivision shall pay Three Thousand, Three Hundred and Thirteen
($3,313.00) Dollars in Maintenance Fees annually to the County for three (3) years, for
twenty-four by seven (24x7) maintenance and preventative services for each Live Scan
device provided to the Political Subdivision by the County. The obligation to pay
Maintenance Fees shall begin on May 1, 2010.
4.3. The County shall invoice the Political Subdivision quarterly for the Maintenance Fees. The
Maintenance Fees become due to the County upon receipt of such invoice and the Political
Subdivision agrees to pay the invoice within forty-five (45) Days of receipt.
4.4. Except as provided in this Agreement, the County is not responsible for any cost, fee, fine or
penalty incurred by the Political Subdivision in connection with this Agreement.
Commissioners Minutes Continued. September 24, 2009
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4.5. To the maximum extent provided by law, if there is any amount past due under this
Agreement, the County, in its sole discretion, has the right to set off that amount from any
amount due to the Political Subdivision from the County, including, but not limited to,
distributions from the Delinquent Tax Revolving Fund (DTRF).
5. DURATION OF INTERLOCAL AGREEMENT.
5.1. The Agreement and any amendments hereto shall be effective when executed by both
Parties, with resolutions passed by the governing bodies of each Party, and when the
Agreement is filed according to MCL 124.510. 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.
5.2. This Agreement shall remain in effect until December 31, 2013 or until cancelled or
terminated by either Party pursuant to Section 7.
6. ASSURANCES.
6.1. Each Party shall be responsible for its own acts and the acts of its employees, agents, and
subcontractors, the costs associated with those acts, and the defense of those acts.
6.2. Except as otherwise provided by law, the Political Subdivision shall be responsible for
Claims that arise out of its use of the Live Scan Equipment.
6.3. Neither Party shall be liable to the other Party for any consequential, incidental, indirect, or
special damages of any kind in connection with this Agreement.
7. TERMINATION OR CANCELLATION OF AGREEMENT.
7.1. Either Party may terminate or cancel this Agreement for any reason upon thirty (30) days
notice. The effective date for termination or cancellation shall be clearly stated in the notice.
7.2. Notwithstanding any other provision of this Agreement, if the Political Subdivision ceases to
be a member of CLEMIS, this Agreement shall terminate, as of the date the Political
Subdivision ceases to be a member of CLEMIS, with no notice required by either Party.
7.3. The Political Subdivision shall not be responsible for payment of Maintenance Fees after the
effective date of termination or cancellation of this Agreement.
7.4. Within thirty (30) Days of the effective date of termination or cancellation of this Agreement,
the Political Subdivision shall return the Live Scan Equipment to the County.
7.5. The Parties shall not be obligated to pay a cancellation or termination fee, if this Agreement
is cancelled or terminated as provided herein.
8. SUSPENSION OF SERVICES.
8.1. Upon notice to the Political Subdivision of the County’s determination that the Political
Subdivision has failed to comply with federal, state, or local law or the requirements
contained in this Agreement, the County may immediately suspend this Agreement, provided
the notice contains a detailed description of the basis for the determination.
8.2. Upon submission of a written plan or statement by the Political Subdivision to the County
addressing each basis listed in the County’s notice and the County agrees to such written
plan or statement (such agreement shall not be unreasonably withheld), then the Political
Subdivision shall be entitled to an immediate reinstatement of the Agreement.
8.3. The right to suspend this Agreement is in addition to the right to terminate or cancel this
Agreement contained in Section 7.
8.4. The County shall not incur penalty, expense, or liability if services are suspended under this
Section, unless the Agreement is not immediately reinstated as provided in this Section or
the County wrongfully suspended the Agreement under this Section.
9. NO THIRD PARTY BENEFICIARIES. Except as expressly provided in this Agreement, this
Agreement does not and is not intended to create any obligation, duty, promise, contractual right or
benefit, right to indemnification, right to subrogation, and/or any other right, in favor of any other
person or entity.
10. COMPLIANCE WITH LAWS. Each Party shall comply with all federal, state, and local laws,
statutes, ordinances, regulations, administrative rules, and requirements applicable to its activities
performed under this Agreement and applicable to the operation of the Live Scan Equipment.
11. DISCRIMINATION. The Parties shall not discriminate against their employees, agents, applicants
for employment, or other 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.
Commissioners Minutes Continued. September 24, 2009
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12. RESERVATION OF RIGHTS. This Agreement does not, and is not intended to, impair, divest,
delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power,
obligation, duty, or immunity of the Parties.
13. FORCE MAJEURE. Each Party shall be excused from any obligations under this Agreement
during the time and to the extent that a Party is prevented from performing due to causes beyond
such Party’s control, including, but not limited to, an act of God, war, fire, strike, labor disputes, civil
disturbances, reduction of power source, or any other circumstances beyond the reasonable
control of the affected Party. Reasonable notice shall be given to the affected Party of any such
event.
14. IN-KIND SERVICES. This Agreement does not authorize any in-kind services, unless previously
agreed to by the Parties and specifically listed herein.
15. DELEGATION/SUBCONTRACT/ASSIGNMENT. A Party shall not delegate, subcontract, and/or
assign any obligations or rights under this Agreement without the prior written consent of the other
Party.
16. NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a Party to pursue or
enforce any rights or remedies under this Agreement shall constitute a waiver of those rights with
regard to any existing or subsequent breach of this Agreement. No waiver of any term, condition,
or provision of this Agreement, whether by conduct or otherwise, in one or more instances, shall be
deemed or construed as a continuing waiver of any term, condition, or provision of this Agreement.
No waiver by either Party shall subsequently effect its right to require strict performance of this
Agreement.
17. 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.
18. 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.
19. 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.
19.1. If Notice is set to the County, it shall be addressed and sent to: Oakland County Department
of Information Technology, Manager of CLEMIS Division, 1200 North Telegraph Road,
Building #49 West, Pontiac, Michigan, 48341 and Chairperson of the Oakland County Board
of Commissioners, 1200 North Telegraph, Pontiac, Michigan 48341
19.2. If Notice is sent to the Political Subdivision, it shall be addressed to:
{Insert Name and Address of the Agency--NOT System Manager or Local Administrator}
19.3. Either Party may change the address and/or individual to which Notice is sent by notifying
the other Party in writing of the change.
20. GOVERNING LAW/CONSENT TO JURISDICTION AND VENUE. This Agreement shall be
governed, interpreted, and enforced by the laws of the State of Michigan. Except as otherwise
required by law or court rule, any action brought to enforce, interpret, or decide any Claim arising
under or related to this Agreement shall be brought in the 6th Judicial Circuit Court of the State of
Michigan, the 50th District Court of the State of Michigan, or the United States District Court for the
Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of the
court. Except as otherwise required by law or court rule, venue is proper in the courts set forth
above.
21. AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications, amendments,
recissions, waivers, or releases to this Agreement must be in writing and agreed to by both Parties.
Unless otherwise agreed, the modification, amendment, recission, waiver, or release shall be
Commissioners Minutes Continued. September 24, 2009
627
signed by the same persons who signed the Agreement or other persons as authorized by the
Parties' governing bodies.
22. RESCISSION OF PREVIOUS INTERLOCAL AGREEMENT. This Agreement hereby rescinds and
supersedes the Live Scan Maintenance Agreement previously entered into between the County
and Political Subdivision and this Agreement shall control all matters contemplated therein.
23. 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.
The Parties have taken all actions and secured all approvals necessary to authorize and complete this
Agreement. The persons signing this Agreement on behalf of each Party have legal authority to sign this
Agreement and bind the Parties to the terms and conditions contained herein.
IN WITNESS WHEREOF, _______________ hereby acknowledges that he has been authorized by a
resolution of the __________________, a certified copy of which is attached, to execute this Agreement
on behalf of the Political Subdivision and hereby accepts and binds the Political Subdivision to the terms
and conditions of this Agreement.
EXECUTED: ______________________________ DATE: ______________
WITNESSED: ______________________________ DATE: ______________
IN WITNESS WHEREOF, Bill Bullard, Jr., Chairperson, Oakland County Board of Commissioners, hereby
acknowledges that he has been authorized by a resolution of the Oakland County Board of
Commissioners, a certified copy of which is attached, to execute this Agreement on behalf of Oakland
County and hereby accepts and binds Oakland County to the terms and conditions of this Agreement.
EXECUTED: ______________________________ DATE: ______________
Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
WITNESSED: ______________________________ DATE: ______________
Ruth Johnson, Clerk Register of Deeds
County of Oakland
(The vote for this motion appears on page 675.)
*MISCELLANEOUS RESOLUTION #09208
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET/EQUALIZATION DIVISION – APPROVAL
OF CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH
THE CITIES OF AUBURN HILLS, BLOOMFIELD HILLS, AND THE CHARTER TOWNSHIP OF LYON
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Equalization Division provides a number of services to local units of government including
original assessments, reappraisals, and file maintenance; and
WHEREAS these services are provided under contract with the local units as approved by the Board of
Commissioners; and
WHEREAS revenues and expenditures associated with the services for this contract are included in the
FY 2010-2012 Finance Committee Recommended Budget and therefore, no budget amendment is
recommended.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves entering into the attached Contract for Oakland County Equalization Division Assistance
Services covering the term July 1, 2009 through June 30, 2011 with the Cities of Auburn Hills, Bloomfield
Hills and the Charter Township of Lyon, which have been signed by their authorized signatories.
BE IT FURTHER RESOLVED that the Board of Commissioners’ Chairperson is authorized to sign this
contract.
BE IT FURTHER RESOLVED that the Oakland County Clerk shall receive and file the executed contract
with the concerned unit of government as required by law.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
Commissioners Minutes Continued. September 24, 2009
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CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH
THE CITY OF AUBURN HILLS (personal property services)
This CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH
THE CITY OF AUBURN HILLS, (hereafter, this "Contract") is made and entered into between the
COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation, whose address is 1200
North Telegraph Road, Pontiac, Michigan 48341 (hereafter, the "County"), and the CITY OF AUBURN
HILLS , a Michigan Constitutional and Municipal Corporation whose address is 1827 North Squirrel Road,
Auburn Hills, Michigan 48326-2753 (hereafter, the "Municipality"). In this Contract, either the County
and/or the Municipality may also be referred to individually as a "Party" or jointly as "Parties.”
INTRODUCTORY STATEMENTS
A. The Municipality, pursuant to the laws of the State of Michigan (hereafter, the "State"), including,
but not limited to, the Michigan General Property Tax Act (MCL 211.1, et seq.) is required to
perform real and personal property tax appraisals and assessments for all nonexempt real and
personal property located within the geographic boundaries of the Municipality for the purpose of
levying State and local property taxes.
B. The Parties recognize and agree that absent an agreement such as this, or pursuant to an order
of the State Tax Commission mandating the County to perform all or some of the property tax
appraisal and tax assessment responsibilities for real and/or personal property located within the
Municipality's geographic boundaries (MCL 211.10(f), the County, has no obligation to provide
these Services to or for the Municipality.
C. The Michigan General Property Tax Act (MCL 211.34(3) provides that the County Board of
Commissioners, through the Equalization Division may furnish assistance to local assessing
officers in the performance of certain of these legally mandated, Municipality, property appraisal
and assessment responsibilities.
D. The Municipality has requested the County's Equalization Division assistance in performing the
“Equalization Division Assistance Services" (as described and defined in this Contract) and has
agreed in return to reimburse the County as provided for in this Contract.
E. The County has determined that it has sufficient "Equalization Division Personnel," as defined
herein, possessing the requisite knowledge and expertise and is agreeable to assisting the
Municipality by providing the requested “Equalization Division Assistance Services" under the
terms and conditions of this Contract.
NOW, THEREFORE, in consideration of these premises and the mutual promises, representations, and
agreements set forth in this Contract, and for other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the County and the Municipality mutually agree as follows:
§1. DEFINED TERMS In addition to the above defined terms (i.e., "Contract”, "County”, “Municipality”,
"Party" and "Parties", and “State”), the Parties agree that the following words and expressions
when printed with the first letter capitalized as shown herein, whether used in the singular or
plural, possessive or nonpossessive, and/or either within or without quotation marks, shall, be
defined and interpreted as follows:
1.1. "County Agent" or "County Agents" shall be defined as any and all Oakland County
elected officials, appointed officials, directors, board members, council members,
commissioners, authorities, other boards, committees, commissions, employees,
managers, departments, divisions, volunteers, agents, representatives, and/or any such
persons' successors or predecessors, agents, employees, attorneys, or auditors (whether
such persons act or acted in their personal representative or official capacities), and/or
any persons acting by, through, under, or in concert with any of them, excluding the
Municipality and/or any Municipality Agents, as defined herein. "County Agent" and/or
"County Agents" shall also include any person who was a County Agent anytime during
the term of this Contract but, for any reason, is no longer employed, appointed, or elected
and serving as a County Agent.
1.2. “Equalization Division Personnel” as used in this Contract shall be defined as a specific
subset of, and included as part of the larger group of County Agents as defined above,
and shall be further defined as any and all County Agents specifically employed and
assigned by the County to work in the Equalization Division of the County’s Department
of Management and Budget as shown in the current County budget and/or personnel
records of the County. For any and all purposes in this Contract, any reference to County
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629
Agents shall also include within that term any and all Equalization Division Personnel, but
any reference in this contract to Equalization Division Personnel shall not include any
County Agent employed by the County in any other function, capacity or organizational
unit of the County other than the Equalization Division of the Department of Management
and Budget.
1.3. "Municipality Agent" or "Municipality Agents", shall be defined to include any and all
Municipality officers, elected officials, appointed officials, directors, board members,
council members, authorities, boards, committees, commissions, employees, managers,
departments, divisions, volunteers, agents, representatives, and/or any such persons'
successors or predecessors, agents, employees, attorneys, or auditors (whether such
persons act or acted in their personal, representative, or official capacities), and/or any
and all persons acting by, through, under, or in concert with any of them, except that no
County Agent shall be deemed a Municipality Agent and conversely, no Municipality
Agent shall be deemed a County Agent. "Municipality Agent" shall also include any
person who was a Municipality Agent at any time during this Contract but for any reason
is no longer employed, appointed, or elected in that capacity.
1.4. "Claim(s)" shall be defined to include any and all alleged losses, claims, complaints,
demands for relief or damages, suits, causes of action, proceedings, judgments,
deficiencies, liability, penalties, litigation costs and expenses, including, but not limited to,
any reimbursement for reasonable attorney fees, witness fees, court costs, investigation
and/or litigation expenses, any amounts paid in settlement, and/or any other amounts,
liabilities or Claim(s) of any kind whatsoever which are imposed on, incurred by, or
asserted against either the County and/or any County Agent, as defined herein, or any
Claim(s) for which the County and/or any County Agent may become legally and/or
contractually obligated to pay or defend against, or any other liabilities of any kind
whatsoever, whether direct, indirect or consequential, whether based upon any alleged
violation of the constitution (federal or State), any statute, rule, regulation or the common
law, whether in law or equity, tort, contract, or otherwise, and/or whether commenced or
threatened and arising out of any alleged breach of any duty by the County and/or any
County Agent to any third-person, the Municipality, including any Municipality Agent or
any Municipality Taxpayer under or in connection with this Contract or are based on or
result in any way from the County’s and/or any County Agent’s participation in this
Contract.
1.5. “Municipality Taxpayer” shall be defined as any and all residents, property owners,
persons, or taxable entities within the Municipality, or their representatives or agents, who
may be liable or responsible for any property taxes assessed by the Municipality pursuant
to any applicable State Property Tax Laws.
1.6. "State" shall be defined as the "State of Michigan,” a sovereign governmental entity of the
United States, and shall also include within its definition any and all departments or
agencies of State government including specifically, but not limited to, the State Tax
Commission, the State Tax Tribunal, and/or the State Department of Treasury.
§2. COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES The Parties agree that the full
and complete scope of any and all County Equalization Division Assistance Services shall be as
described and limited in the following subsections (hereinafter defined and referred to as either
“Equalization Division Assistance Services” or "Services”).
2.1. “EQUALIZATION DIVISION ASSISTANCE SERVICES” OR “SERVICES” TO BE
PROVIDED "Equalization Division Assistance Services" or "Services", to be performed
by County for the Municipality as those terms are defined in this Contract, shall only
include and shall be limited to the following activities:
2.1.1. This Contract is to provide for annual assessment of personal property through
the 2010 and 2011 tax years as required by laws of the State of Michigan. The
County agrees to make assessments of personal property within the Municipality
pursuant to MCL 211.10d.
2.1.2. The Equalization Division personnel will appraise all new personal property,
process all personal property description changes, and will audit where
necessary to insure and establish accurate appraisals on all taxable personal
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property. The Equalization Division personnel will review all statements and
extensions, make valuation recommendations to the assessor in the absence of
a prepared personal property statement and load all values on the computer for
the assessment roll. All Board of Review changes will be processed on the
personal property section of the assessment roll and balanced to insure there
are no omissions. The Equalization Division personnel will be available for
consultation on all Michigan Tax Tribunal appeals for personal property and will
assist the Assessor in the preparation of both oral and written defense of
appeals as long as there is a current Contract in effect. However, the County
shall not assist or appear on behalf of the Municipality regarding appeals of
special assessments to the Michigan Tax Tribunal or any other Court or
Tribunal.
2.2. PURPOSE OF COUNTY “SERVICES” The Parties agree that the purpose of any and all
“Equalization Division Assistance Services” or “Services” to be performed under this
Contract shall be to assist (e.g., to help, aid, lend support, and/or participate in as an
auxiliary, to contribute effort toward completion of a goal, etc.) the Municipality in the
performance of that Municipality's official functions, obligations, and Municipality's legal
responsibilities for property tax appraisal and assessment pursuant to the applicable
State Property Tax Laws.
2.3. MANNER COUNTY TO PROVIDE SERVICES The Parties agree that any and all
"Equalization Division Assistance Services" or "Services" to be provided by the County for
the Municipality under this Contract shall be performed solely and exclusively by the
County's "Equalization Division Personnel" as defined herein.
2.3.1. Equalization Division Personnel shall be employed and assigned by the County
in such numbers and based on such appropriate qualifications and other factors
as decided solely by the County.
2.3.2. The Parties agree that the County shall be solely and exclusively responsible for
furnishing all Equalization Division Personnel with all job instructions, job
descriptions and job specifications and shall in all circumstances control,
supervise, train or direct all Equalization Division Personnel in the performance
of any and all Services under this Contract.
2.3.3. Except as otherwise expressly provided for herein, the Parties agree and
warrant that, at all times and for all purposes relevant to this Contract, the
County shall remain the sole and exclusive employer of all County Agents and
Equalization Division Personnel and that the County shall remain solely and
completely liable for any and all County Agents' past, present, or future wages,
compensation, overtime wages, expenses, fringe benefits, pension or retirement
benefits, travel expenses, mileage allowances, training expenses, transportation
costs, and/or other allowances or reimbursements of any kind, including, but not
limited to, workers' disability compensation benefits, unemployment
compensation, Social Security Act protection(s) and benefits, any employment
taxes, and/or any other statutory or contractual right or benefit based on or in
any way related to any County Agent's employment status.
2.3.4. This Contract is neither intended, nor shall it be interpreted, to create, change,
grant, modify, supplement, supersede, alter, or otherwise affect or control, in any
manner, form, or at any time, any right, privilege, benefit, or any other term or
condition of employment, of any kind or nature whatsoever, in, upon, or for any
County Agent or Equalization Division Personnel with the County, any applicable
County employment and/or union contract, and/or any County rule(s),
regulation(s), hours of work, shift assignment, order(s), policy(ies), procedure(s),
directive(s), ethical guideline(s), etc., which shall, solely and exclusively, govern
and control the employment relationship between the County and any County
Agent or Equalization Division Personnel and/or the conduct and actions of any
County Agent or any Equalization Division Personnel. To illustrate, but not
otherwise limit, this Contract does not and shall not be interpreted to limit,
modify, control, or otherwise affect, in any manner:
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2.3.4.1. The County's sole and exclusive right, obligation, responsibility, and
discretion to employ, compensate, assign, reassign, transfer,
promote, reclassify, discipline, demote, layoff, furlough, discharge
any Equalization Division Personnel and/or pay any and all
Equalization Division Personnel's wages, salaries, allowances,
reimbursements, compensation, fringe benefits, or otherwise decide
any and all such terms and conditions of employment and make any
and all employment decisions that affect, in any way, the
employment of any Equalization Division Personnel with the County,
subject only to its applicable collective bargaining Contracts.
2.3.4.2. The County's sole and exclusive right, obligation, and responsibility
to determine, establish, modify, or implement any and all operational
policies, procedures, orders, rules, regulations, ethical guidelines,
and/or any other judgment, policy or directive which, in any way,
governs or controls any activity of any County Agent or Equalization
Division Personnel, any necessary County Agent or Equalization
Division Personnel's training standards or proficiency(ies), any level
or amount of required supervision, any and all standards of
performance, any sequence or manner of performance, and any
level(s) of experience, training, or education required for any
Equalization Division Personnel performing any County duty or
obligation under the terms of this Contract.
2.3.5. The Municipality agrees that except as expressly provided for under the terms of
this Contract and/or laws of this State, no County Agent or Equalization Division
Personnel, while such person is currently and/or actively employed or otherwise
remains on the payroll of the County as a County Agent shall be employed,
utilized, or perform any other services, of any kind, directly or indirectly, in any
manner or capacity, or otherwise be available to perform any other work or
assignments by or for the Municipality during the term of this Contract. This
section shall not prohibit the Municipality from employing any person who was a
former County Agent but is no longer employed in that capacity by the County.
2.3.6. Except as otherwise expressly provided by the Contract and/or applicable State
law, the Parties agree and warrant that neither the County, nor any County
Agent, nor any Equalization Division Personnel, by virtue of this Contract or
otherwise, shall be deemed, considered or claimed to be an employee of the
Municipality and/or a Municipality Agent.
2.3.7. The Municipality shall not otherwise provide, furnish or assign any Equalization
Division Personnel with any job instructions, job descriptions, job specifications,
or job duties, or in any manner attempt to control, supervise, train, or direct any
Personnel in the performance of any County's Equalization Division Assistance
Services duty or obligation under the terms of this Contract.
2.4. LIMITS AND EXCLUSIONS ON COUNTY “SERVICES” Except as otherwise expressly
provided for within this Contract, neither the County nor any County Agents shall be
responsible for assisting or providing any other "Services " or assistance to the
Municipality or assume any additional responsibility for assisting the Municipality in any
other way or manner with any Municipality obligations under any and all State Property
Tax Laws, including, but not limited to, providing any attorney or legal representation to
the Municipality or any Municipality Agent at any proceeding before the Michigan Tax
Tribunal or any other adjudicative body or court, except as expressly provided for in this
Contract.
2.4.1. The Municipality shall, at all times and under all circumstances, remain solely
liable for any and all costs, legal obligations, and/or civil liabilities associated
with or in any way related to any Municipality tax appraisal or assessment
functions or any other Municipality legal obligation under any applicable State
Property Tax Laws. The Municipality shall employ and retain its own
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Municipality legal representation, as necessary, to defend any such claim or
challenge before the State Tax Tribunal or any other court or review body.
2.4.2. Except for those express statutory and/or regulatory obligations incumbent only
upon licensed Equalization Division Personnel (i.e., State Licensed and Certified
Real and/or Personal Property Tax Assessors) to defend property tax appraisals
and assessments that they either performed, or were otherwise performed under
their supervision, before the Michigan Tax Tribunal, the Parties agree that no
other County Agents, including any County attorneys shall be authorized,
required and/or otherwise obligated under this Contract or pursuant to any other
agreement between the Parties to provide any legal representation to or for the
Municipality and/or otherwise defend, challenge, contest, appeal, or argue on
behalf of the Municipality before the Michigan Tax Tribunal or any other review
body or court.
§3. TERM OF CONTRACT The Parties agree that the term of this Contract shall begin on the
effective date of this Contract, as otherwise provided herein, and shall end on June 30, 2011
without any further act or notice from either Party being required. Any and all County Services
otherwise provided to the Municipality prior to the effective date of this Contract, shall be subject to
the terms and conditions provided for herein.
§4. NO TRANSFER OF MUNICIPALITY LEGAL OBLIGATIONS TO COUNTY Except as expressly
provided for in this Contract, the Municipality agrees that this Contract does not, and is not
intended to, transfer, delegate, or assign to the County, and/or any County Agent or Equalization
Division Personnel any civil or legal responsibility, duty, obligation, duty of care, cost, legal
obligation, or liability associated with any governmental function delegated and/or entrusted to the
Municipality under any applicable State Property Tax Laws.
4.1. The Municipality shall, at all times and under all circumstances, remain solely liable for
any and all costs, legal obligations, and/or civil liabilities associated with or in any way
related to any Municipality tax appraisal or assessment functions or any other Municipality
legal obligation. The Municipality agrees that under no circumstances shall the County
be responsible for any costs, obligations, and/or civil liabilities associated with its
Municipality function or any responsibility under any State Property Tax Law.
4.2. The Municipality shall not incur or create any debts, liens, liabilities or obligations for the
County and shall take all necessary steps to ensure that any debts, liens, liabilities or
obligations that the Municipality may incur shall not become a debt, liability, obligation or
Claim(s) against the County.
4.3. The Parties agree that the Municipality shall at all times remain responsible for the
ultimate completion of any and all Municipality duties or obligations under any and all
applicable State Property Tax Laws. Nothing in this Contract shall relieve the Municipality
of any Municipality duty or obligation under any applicable State Property Tax Law.
4.4. The Municipality and Municipality Agents shall be and remain responsible for compliance
with all federal, State, and local laws, ordinances, regulations, and agency requirements
in any manner affecting any work or performance of this Contract or with any Municipality
duty or obligation under any applicable State Property Tax Law.
§5. NO DELEGATION OR DIMINUTION OF ANY GOVERNMENTAL AUTHORITY The Parties
reserve to themselves any rights and obligations related to the provision of any and all of each
Party's respective governmental services, authority, responsibilities, and obligations. Except as
expressly provided otherwise herein, this Contract does not, and is not intended to, create,
diminish, delegate, transfer, assign, divest, impair, or contravene any constitutional, statutory,
and/or other legal right, privilege, power, civil or legal responsibility, obligation, duty of care,
liability, capacity, immunity, authority or character of office of either Party to any other person or
Party.
5.1. The Parties further agree, notwithstanding any other term or condition in this Contract,
that no provision in this Contract is intended, nor shall it be construed, as a waiver of any
governmental immunity, as provided by statute or applicable court decisions, by either
Party, either for that Party and/or any of that Party's County or Municipal Agents.
5.2. Notwithstanding any other provision in this Contract, nothing in this Contract shall be
deemed to, in any way, limit or prohibit the Oakland County Board of Commissioners
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statutory rights and obligations to review and/or further equalize Municipality property
values or tax assessments and/or further act upon any Municipality assessment(s) of
property taxes under any applicable State Property Tax Laws, including, but not limited to
challenging any Municipality assessment before the Michigan Tax Tribunal.
§6. PAYMENT SCHEDULE In consideration of the promises set forth in this Contract, the Municipality
agrees to pay to the County: For the contract years 2009-2010 and 2010-2011 the sum of $14.40
for each year for each personal property description rendered during the life of this Contract.
Payment for the contract year 2009-2010 is payable on or before July 1, 2010 and payment for the
contract year 2010-2011 is payable on or before July 1, 2011. If during the term of this Contract,
there are additional services requested of the County, the Parties shall negotiate additional fees to
be paid by the Municipality.
6.1. All time incurred for Board of Review dates beyond the regular County working hours to
be billed at the applicable Equalization Division personnel’s overtime rate and charged to
the Municipality over and above any other fees described in this Contract, with the
following exceptions:
6.1.1. One evening meeting as required by law under MCL § 211.29(1).
6.1.2. Dates requiring overtime set by the Municipality Charter.
6.2. The Municipality agrees to be responsible for postage on all personal property statements
and personal property notices mailed relating to work performed under this Contract. The
Municipality agrees to be responsible for all photographic supplies.
6.3. Should the MUNICIPALITY fail, for any reason, to timely pay the County the amounts
required under this Contract, the MUNICIPALITY agrees that upon notice from the
Oakland County Treasurer to the Treasurer of the State of Michigan (or any other State of
Michigan official authorized to disburse funds to the MUNICIPALITY), the State of
Michigan is authorized to withhold any funds due the MUNICIPALITY from the State, and
assign those funds to partially or completely offset any deficiency by the MUNICIPALITY
to the County. Such funds shall be paid directly to the County. Further, the
MUNICIPALITY waives any claims against the State or County, or their respective
officials, for any such amounts paid to the County.
6.4. Should the MUNICIPALITY fail for any reason to timely pay the County the amounts
required under this Contract, the MUNICIPALITY agrees that the County Treasurer shall
be entitled to set-off and retain any amounts due the MUNICIPALITY from Delinquent Tax
Revolving Fund (“DTRF”) or any other source of funds due the MUNICIPALITY in the
possession of the County, to partially or completely offset any deficiency by the
MUNICIPALITY, unless expressly prohibited by law. Such a transfer shall be considered
an assignment by the MUNICIPALITY to the COUNTY. Further, the MUNICIPALITY
waives any claims against the County, or its officials, for any such amounts paid to the
County.
6.5. Notwithstanding any other term or condition in this Contract, should the Municipality fail
for any reason to timely pay the County the amounts required under this Contract, the
MUNICIPALITY agrees that the County may discontinue, upon thirty (30) days written
notice to the Municipality, without any penalty or liability whatsoever, any County services
or performance obligations under this Contract.
6.6. None of these provisions shall operate to limit in any way the County’s right to pursue any
other legal remedies against the MUNICIPALITY for the reimbursement of amounts due
the County under this Agreement. The remedies in this paragraph are available to the
County on an ongoing and successive basis, as the MUNICIPALITY becomes delinquent
in its payments.
§7. LIABILITY The Municipality further agrees that the County shall not be liable to the Municipality
for any and all Claim(s), except as otherwise expressly provided for in this Contract.
7.1. The Parties agree that this Contract does not and is not intended to create or include any
County warranty, promise, covenant or guaranty, either express or implied, of any kind or
nature whatsoever in favor of the other Municipality, and/or any Municipality Agents, or
any Municipality Taxpayer or any other person or entity, or that the County’s efforts in the
performance of any obligation under this Contract will result in any specific monetary
benefit or efficiency, or increase in any tax revenue for the Municipality, or will result in
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any specific reduction or increase in any property assessment, or guarantee that any
County services provided under this Contract will withstand any challenge before the
State Tax Tribunal or any court or review body, or any other such performance-based
outcome.
7.2. In the event of any alleged breach, wrongful termination, and/or any default of any term or
condition of this Contract by either the County or any County Agent, the County and/or
any County Agent shall not be liable to the Municipality for any indirect, incidental, special
or consequential damages, including, but not limited to any replacement costs for County
Services, any loss of income or revenue, and/or any failure by the Municipality to meet
any Municipality obligation under any applicable State Property Tax Laws, or any other
economic benefit or harm that the Municipality may have realized, but for any alleged
breach, wrongful termination, default and/or cancellation of this Contract, or damages
beyond or in excess of the amount(s) of any amount paid to, received or retained by the
County at the time of the alleged breach or default in connection with or under the terms
of this Contract, whether such alleged breach or default is alleged in an action in contract
or tort and/or whether or not the Municipality has been advised of the possibility of such
damages. This provision and this Contract is intended by the Parties to allocate the risks
between the Parties, and the Parties agree that the allocation of each Party's efforts,
costs, and obligations under this Contract reflect this allocation of each Party's risk and
the limitations of liability as specified herein.
7.3. Notwithstanding any other provision in this Contract, with regard to any and all alleged
losses, claims, complaints, demands for relief or damages, suits, causes of action,
proceedings, judgments, deficiencies, liability, penalties, litigation costs and expenses,
including, but not limited to, any reimbursement for reasonable attorney fees, witness
fees, court costs, investigation and/or litigation expenses, any amounts paid in settlement,
and/or any other amounts, liabilities of any kind whatsoever which are imposed on,
incurred by, or asserted against the Municipality or any Municipality Agent by any third
person, including but not limited to any Municipality Agent or Municipality Taxpayer,
arising out of any activities or Services to be carried out by any County Agent in the
performance of this Contract, the Municipality hereby agrees that it shall have no rights
pursuant to or under this Contract against the County and/or any County Agents to or for
any indemnification (i.e., contractually, legally, equitably, or by implication) contribution,
subrogation, or other right to be reimbursed by the County and/or any of County Agents
based upon any and all legal theories or alleged rights of any kind, whether known or
unknown, for any and all alleged losses, claims, complaints, demands for relief or
damages, judgments, deficiencies, liability, penalties, litigation costs and expenses of any
kind whatsoever which are imposed on, incurred by, or asserted against the Municipality
and which are alleged to have arisen under or are in any way based or predicated upon
this Contract.
7.4. If the Municipality requests and the County agrees, the County may prepare the actual
tax statement for mailing by the Municipality to Municipality residents. In preparing any
such tax statement the County shall rely upon certain data provided by the Municipality
beyond the data gathered by the County under this contract, including, but not limited to,
the applicable millage rate. The parties agree that under no circumstances shall the
County be held liable to the Municipality or any third party based upon any error in any
tax statement due to information supplied by the Municipality to the County for such
purposes.
§8. MUNICIPALITY AGENTS AND COOPERATION WITH THE COUNTY The Municipality agrees
that it shall be solely and exclusively responsible, during the term of this Contract, for
guaranteeing that all Municipality Agents fully cooperate with Equalization Division Personnel in
the performance of all County Services under this Contract.
8.1. Municipality Agents shall be employed and assigned based on appropriate qualifications
and other factors as decided by the Municipality. The Municipality agrees that it shall be
solely responsible for furnishing all Municipality Agents with all job instructions, job
descriptions and job specifications and shall solely control, direct, and supervise all
Municipality Agents and shall be solely responsible for the means and manner in which
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Municipality's duties or obligations under any applicable State Property Tax Laws are
satisfied.
8.2. The Municipality agrees that it shall be solely and completely liable for any and all
Municipality Agents' past, present, or future wages, compensation, overtime wages,
expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage
allowances, training expenses, transportation costs, and/or other allowances or
reimbursements of any kind, including, but not limited to, workers' disability compensation
benefits, unemployment compensation, Social Security Act protection(s) and benefits,
any employment taxes, and/or any other statutory or contractual right or benefit based on
or in any way related to any Municipality Agent's employment status or any alleged
violation of any Municipality Agent's statutory, contractual (e.g., union, employment, or
labor contract), constitutional, common law employment right, and/or civil rights by the
Municipality. The Municipality agrees to indemnify and hold harmless the County from
and against any and all Claim(s) which are imposed upon, incurred by, or asserted
against the County or any County Agent by any Municipality Agent and/or which are
based upon, result from, or arise from, or are in any way related to any Municipality
Agent's wages, compensation, benefits, or other employment-related or based rights,
including, but not limited to, those described in this section.
8.3. The Municipality agrees that no Municipality Agent shall, by virtue of this Contract or
otherwise, be considered or claimed to be an employee of the County and/or a County
Agent. This Contract does not grant or confer, and shall not be interpreted to grant or
confer, upon any Municipality Agents or any other individual any status, privilege, right, or
benefit of County employment or that of a County Agent.
8.4. The Municipality agrees to provide the County with information regarding any activity
affecting the tax status of any parcel including but not limited to the following: Downtown
Development Authorities, Redevelopment Plans, Tax Increment Financing Authorities. In
addition, the municipality agrees to notify the County immediately of approval of any
application for abatement or tax exemption.
8.5. The Municipality agrees to inform the County agents regarding any increase in taxation
which is governed by the Truth in Taxation Act as well as any property which is being
considered for an exemption under the Industrial Facility Tax Act. The County shall be
informed of these proposed changes prior to approval by the governing body of the
municipality.
8.6. The Municipality agrees to forward all personal property statements and any other
documents affecting the status or value of personal property located within the
Municipality to the County's Equalization Division in a timely manner.
§9. INDEPENDENT CONTRACTOR The Parties agree that at all times and for all purposes under
the terms of this Contract, the County's and/or any and all County Agents' legal status and
relationship to the Municipality shall be that of an Independent Contractor. Except as expressly
provided herein, each Party will be solely responsible for the acts of its own employees, Agents,
and servants during the term of this Contract. No liability, right or benefits arising out of an
employer/employee relationship, either express or implied, shall arise or accrue to either Party as
a result of this Contract.
§10. COUNTY PRIORITIZATION OF COUNTY RESOURCES The Municipality acknowledges and
agrees that this Contract does not, and is not intended to, create either any absolute right in favor
of the Municipality, or any correspondent absolute duty or obligation upon the County, to
guarantee that any specific number(s) or classification of County Agents will be present on any
given day to provide County services to the Municipality.
§11. INDEMNIFICATION The Municipality shall not be obligated to pay any portion of any court
ordered judgment or award to a third party for which a court has determined that the County
and/or any County Agent was solely negligent or at fault. However, the Municipality agrees to,
indemnify and hold the County and/or any County Agent harmless from and against any and all
Claim(s) which are imposed upon, incurred by, or asserted against the County and/or any County
Agent by any Municipality Agent under any circumstances or by any person which are based
upon, result from, or arise from, or are in any way related to any alleged error, mistake, negligence
or intentional act(s) or omission(s) by the Municipality and/or any Municipality Agent, including, but
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636
not limited to: (a) any alleged breach of legal duty to any person by the Municipality and/or any
Municipality Agent; (b) any alleged failure by the Municipality or any Municipality Agent to comply
with any Municipality duty or obligation in this Contract; and/or (c) any other Claim(s) based in
any way upon any Municipality or Municipality Agent's services, buildings, equipment, or any other
event, occurrence, duty, or obligation related or attendant thereto.
§12. CANCELLATION OR TERMINATION OF THIS CONTRACT Except as follows, and
notwithstanding any other term or provision in any other section of this Contract, either Party, upon
a minimum of ninety (90) calendar days written notice to the other Party, may cancel and/or
completely terminate this Contract for any reason, including convenience, without incurring any
penalty, expense, or liability to the other Party. The effective date for any such termination is to be
clearly stated in the notice.
12.1. At 5:00 p.m. on the effective date of the cancellation of this Contract all Municipality
and/or County obligations under this Contract, except those rights and obligations
expressly surviving cancellation as provided for in this Contract, shall end.
12.2. The Municipality agrees that any and all Municipality obligations, including, but not limited
to, any and all indemnification and hold harmless promises, waivers of liability, record-
keeping requirements, any Municipality payment obligations to the County, and/or any
other related obligations provided for in this Contract with regard to any acts,
occurrences, events, transactions, or Claim(s) either occurring or having their basis in any
events or transactions that occurred before the cancellation or completion of this
Contract, shall survive the cancellation or completion of this Contract.
§13. EFFECTIVE DATE, CONTRACT APPROVAL, AND AMENDMENT The Parties agree that this
Contract, and/or any subsequent amendments thereto, shall not become effective prior to the
approval by concurrent resolutions of both the Oakland County Board of Commissioners and the
City Council of Auburn Hills. The approval and terms of this Contract, and/or any possible
subsequent amendments thereto, shall be entered in the official minutes and proceedings of both
the Oakland County Board of Commissioners and the City Council of Auburn Hills and shall also
be filed with the office of the Clerk of the County and the Clerk for the City of Auburn Hills.
§14. The Parties agree that this Contract, and/or any possible subsequent amendments, shall be filed
with the Michigan Secretary of State and this Contract, and/or any possible subsequent
amendments, shall not become effective prior to this required filing with the Secretary of State.
14.1. The Parties agree that except as expressly provided herein, this Contract shall not be
changed, supplemented, or amended, in any manner, except as provided for herein, and
no other act, verbal representation, document, usage or custom shall be deemed to
amend or modify this Contract in any manner.
§15. NO THIRD-PARTY BENEFICIARIES Except as expressly provided herein for the benefit of the
Parties (i.e., County or Municipality), this Contract does not, and is not intended to, create, by
implication or otherwise, any direct or indirect obligation, duty, promise, benefit, right to be
indemnified (i.e., contractually, legally, equitably, or by implication) and/or any right to be
subrogated to any Party's rights in this Contract, and/or any other right of any kind, in favor of any
person, including, but not limited to, any County Agent or Municipality Agent or any Municipality
Taxpayer, any Taxpayer's legal representative, any organization, any alleged unnamed
beneficiary or assignee, and/or any other person.
§16. CONSTRUED AS A WHOLE The language of all parts of this Contract is intended to and, in all
cases, shall be construed as a whole according to its fair meaning, and not construed strictly for or
against any party. As used in this Contract, the singular or plural number, possessive or
nonpossessive shall be deemed to include the other whenever the context so suggests or
requires.
§17. CAPTIONS The section headings or titles and/or all section numbers contained in this Contract
are intended for the convenience of the reader and not intended to have any substantive meaning
and are not to be interpreted as part of this Contract.
§18. NOTICES Except as otherwise expressly provided for herein, any and all correspondence,
invoices, and/or any other written notices required, permitted or provided for under this Contract to
be delivered to either Party shall be sent to that Party by first class mail. All such written notices,
including any notice canceling or terminating this Contract as provided for herein, shall be sent to
the other Party's signatory to this Contract, or that signatory's successor in office, at the addresses
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637
shown in this Contract. All correspondence or written notices shall be considered delivered to a
Party as of the date that such notice is deposited with sufficient postage with the U.S. Postal
Service.
§19. WAIVER OF BREACH The waiver of a breach of any provision of this Contract shall not operate
or be construed as a waiver of any subsequent breach. Each and every right, remedy and power
granted to either party or allowed it by law shall be cumulative and not exclusive of any other.
§20. ENTIRE CONTRACT This Contract, consisting of a total of fourteen (14) pages, sets forth the
entire agreement between the County and the Municipality and fully supersedes any and all prior
agreements or understandings between them in any way related to the subject matter hereof. It is
further understood and agreed that the terms and conditions herein are contractual and are not a
mere recital and that there are no other agreements, understandings, contracts, or representations
between the County and the Municipality in any way related to the subject matter hereof, except
as expressly stated herein. This Contract shall not be changed or supplemented orally and may
be amended only as otherwise provided herein.
For and in consideration of the mutual assurances, promises, acknowledgments, warrants,
representations, and agreements set forth in this Contract, and for other good and valuable consideration,
the receipt and adequacy of which is hereby acknowledged, the undersigned hereby execute this
Contract on behalf of the Parties, and by doing so legally obligate and bind the Parties to the terms and
conditions of this Contract.
IN WITNESS WHEREOF, James D. McDonald, Mayor of the City of Auburn Hills, hereby acknowledges
that he has been authorized by a resolution of the City Council of Auburn Hills, a certified copy of which is
attached, to execute this Contract on behalf of the Municipality and hereby accepts and binds the
Municipality to the terms and conditions of this Contract.
EXECUTED: __________________________ DATE: __________________
James D. McDonald, Mayor
City of Auburn Hills
WITNESSED: __________________________ DATE: __________________
Linda F. Shannon, Clerk
City of Auburn Hills
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 Contract on behalf of the Oakland
County, and hereby accepts and binds the Oakland County to the terms and conditions of this Contract.
EXECUTED: __________________________ DATE: __________________
Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
WITNESSED: __________________________ DATE: __________________
Ruth Johnson, Clerk/ Register of Deeds
County of Oakland
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH
THE CITY OF BLOOMFIELD HILLS (real and personal property services)
This CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH
THE CITY OF BLOOMFIELD HILLS, (hereafter, this "Contract") is made and entered into between the
COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation, whose address is 1200
North Telegraph Road, Pontiac, Michigan 48341 (hereafter, the "County"), and the CITY OF
BLOOMFIELD HILLS, a Michigan Constitutional and Municipal Corporation whose address is 45 East
Long Lake Road, Bloomfield Hills, Michigan 48304-2322 (hereafter, the "Municipality"). In this Contract,
either the County and/or the Municipality may also be referred to individually as a "Party" or jointly as
"Parties.”
INTRODUCTORY STATEMENTS
A. The Municipality, pursuant to the laws of the State of Michigan (hereafter, the "State"), including,
but not limited to, the Michigan General Property Tax Act (MCL 211.1, et seq.) is required to
perform real and personal property tax appraisals and assessments for all nonexempt real and
personal property located within the geographic boundaries of the Municipality for the purpose of
levying State and local property taxes.
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B. The Parties recognize and agree that absent an agreement such as this, or pursuant to an order
of the State Tax Commission mandating the County to perform all or some of the property tax
appraisal and tax assessment responsibilities for real and/or personal property located within the
Municipality's geographic boundaries (MCL 211.10(f), the County, has no obligation to provide
these Services to or for the Municipality.
C. The Michigan General Property Tax Act (MCL 211.34(3) provides that the County Board of
Commissioners, through the Equalization Division may furnish assistance to local assessing
officers in the performance of certain of these legally mandated, Municipality, property appraisal
and assessment responsibilities.
D. The Municipality has requested the County's Equalization Division assistance in performing the
“Equalization Division Assistance Services" (as described and defined in this Contract) and has
agreed in return to reimburse the County as provided for in this Contract.
E. The County has determined that it has sufficient "Equalization Division Personnel," as defined
herein, possessing the requisite knowledge and expertise and is agreeable to assisting the
Municipality by providing the requested “Equalization Division Assistance Services" under the
terms and conditions of this Contract.
NOW, THEREFORE, in consideration of these premises and the mutual promises, representations, and
agreements set forth in this Contract, and for other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the County and the Municipality mutually agree as follows:
§1. DEFINED TERMS In addition to the above defined terms (i.e., "Contract”, "County”, “Municipality”,
"Party" and "Parties", and “State”), the Parties agree that the following words and expressions
when printed with the first letter capitalized as shown herein, whether used in the singular or
plural, possessive or nonpossessive, and/or either within or without quotation marks, shall, be
defined and interpreted as follows:
1.1. "County Agent" or "County Agents" shall be defined as any and all Oakland County
elected officials, appointed officials, directors, board members, council members,
commissioners, authorities, other boards, committees, commissions, employees,
managers, departments, divisions, volunteers, agents, representatives, and/or any such
persons' successors or predecessors, agents, employees, attorneys, or auditors (whether
such persons act or acted in their personal representative or official capacities), and/or
any persons acting by, through, under, or in concert with any of them, excluding the
Municipality and/or any Municipality Agents, as defined herein. "County Agent" and/or
"County Agents" shall also include any person who was a County Agent anytime during
the term of this Contract but, for any reason, is no longer employed, appointed, or elected
and serving as a County Agent.
1.2. “Equalization Division Personnel” as used in this Contract shall be defined as a specific
subset of, and included as part of the larger group of County Agents as defined above,
and shall be further defined as any and all County Agents specifically employed and
assigned by the County to work in the Equalization Division of the County’s Department
of Management and Budget as shown in the current County budget and/or personnel
records of the County. For any and all purposes in this Contract, any reference to County
Agents shall also include within that term any and all Equalization Division Personnel, but
any reference in this contract to Equalization Division Personnel shall not include any
County Agent employed by the County in any other function, capacity or organizational
unit of the County other than the Equalization Division of the Department of Management
and Budget.
1.3. "Municipality Agent" or "Municipality Agents", shall be defined to include any and all
Municipality officers, elected officials, appointed officials, directors, board members,
council members, authorities, boards, committees, commissions, employees, managers,
departments, divisions, volunteers, agents, representatives, and/or any such persons'
successors or predecessors, agents, employees, attorneys, or auditors (whether such
persons act or acted in their personal, representative, or official capacities), and/or any
and all persons acting by, through, under, or in concert with any of them, except that no
County Agent shall be deemed a Municipality Agent and conversely, no Municipality
Agent shall be deemed a County Agent. "Municipality Agent" shall also include any
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639
person who was a Municipality Agent at any time during this Contract but for any reason
is no longer employed, appointed, or elected in that capacity.
1.4. "Claim(s)" shall be defined to include any and all alleged losses, claims, complaints,
demands for relief or damages, suits, causes of action, proceedings, judgments,
deficiencies, liability, penalties, litigation costs and expenses, including, but not limited to,
any reimbursement for reasonable attorney fees, witness fees, court costs, investigation
and/or litigation expenses, any amounts paid in settlement, and/or any other amounts,
liabilities or Claim(s) of any kind whatsoever which are imposed on, incurred by, or
asserted against either the County and/or any County Agent, as defined herein, or any
Claim(s) for which the County and/or any County Agent may become legally and/or
contractually obligated to pay or defend against, or any other liabilities of any kind
whatsoever, whether direct, indirect or consequential, whether based upon any alleged
violation of the constitution (federal or State), any statute, rule, regulation or the common
law, whether in law or equity, tort, contract, or otherwise, and/or whether commenced or
threatened and arising out of any alleged breach of any duty by the County and/or any
County Agent to any third-person, the Municipality, including any Municipality Agent or
any Municipality Taxpayer under or in connection with this Contract or are based on or
result in any way from the County’s and/or any County Agent’s participation in this
Contract.
1.5. “Municipality Taxpayer” shall be defined as any and all residents, property owners,
persons, or taxable entities within the Municipality, or their representatives or agents, who
may be liable or responsible for any property taxes assessed by the Municipality pursuant
to any applicable State Property Tax Laws.
1.6. "State" shall be defined as the "State of Michigan,” a sovereign governmental entity of the
United States, and shall also include within its definition any and all departments or
agencies of State government including specifically, but not limited to, the State Tax
Commission, the State Tax Tribunal, and/or the State Department of Treasury.
§2. COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES The Parties agree that the full
and complete scope of any and all County Equalization Division Assistance Services shall be as
described and limited in the following subsections (hereinafter defined and referred to as either
“Equalization Division Assistance Services” or "Services”).
2.1. “EQUALIZATION DIVISION ASSISTANCE SERVICES” OR “SERVICES” TO BE
PROVIDED "Equalization Division Assistance Services" or "Services", to be performed
by County for the Municipality as those terms are defined in this Contract, shall only
include and shall be limited to the following activities:
2.1.1. This Contract is to provide for annual assessment of real and personal property
through the 2010 and 2011 tax years as required by laws of the State of
Michigan. The County agrees to make assessments of real and personal
property within the Municipality pursuant to MCL 211.10d.
2.1.2. The Equalization Division personnel will appraise all new property, process all
real and personal property description changes, prepare the assessment roll for
real and personal property in the Municipality; attend March, July and December
Boards of Review and other such duties as required by the State General
Property Tax Laws. The Equalization Division personnel will also be available for
consultation on all Michigan Tax Tribunal real and personal property appeals
and will assist the assessor in the preparation of both the oral and written
defense of appeals, as long as there is a current Contract in effect. However,
the County shall not assist or appear on behalf of the Municipality regarding
appeals of special assessments to the Michigan Tax Tribunal or any other Court
or Tribunal.
2.2. PURPOSE OF COUNTY “SERVICES” The Parties agree that the purpose of any and all
“Equalization Division Assistance Services” or “Services” to be performed under this
Contract shall be to assist (e.g., to help, aid, lend support, and/or participate in as an
auxiliary, to contribute effort toward completion of a goal, etc.) the Municipality in the
performance of that Municipality's official functions, obligations, and Municipality's legal
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640
responsibilities for property tax appraisal and assessment pursuant to the applicable
State Property Tax Laws.
2.3. MANNER COUNTY TO PROVIDE SERVICES The Parties agree that any and all
"Equalization Division Assistance Services" or "Services" to be provided by the County
for the Municipality under this Contract shall be performed solely and exclusively by the
County's "Equalization Division Personnel" as defined herein.
2.3.1. Equalization Division Personnel shall be employed and assigned by the County
in such numbers and based on such appropriate qualifications and other factors
as decided solely by the County.
2.3.2. The Parties agree that the County shall be solely and exclusively responsible for
furnishing all Equalization Division Personnel with all job instructions, job
descriptions and job specifications and shall in all circumstances control,
supervise, train or direct all Equalization Division Personnel in the performance
of any and all Services under this Contract.
2.3.3. Except as otherwise expressly provided for herein, the Parties agree and
warrant that, at all times and for all purposes relevant to this Contract, the
County shall remain the sole and exclusive employer of all County Agents and
Equalization Division Personnel and that the County shall remain solely and
completely liable for any and all County Agents' past, present, or future wages,
compensation, overtime wages, expenses, fringe benefits, pension or retirement
benefits, travel expenses, mileage allowances, training expenses, transportation
costs, and/or other allowances or reimbursements of any kind, including, but not
limited to, workers' disability compensation benefits, unemployment
compensation, Social Security Act protection(s) and benefits, any employment
taxes, and/or any other statutory or contractual right or benefit based on or in
any way related to any County Agent's employment status.
2.3.4. This Contract is neither intended, nor shall it be interpreted, to create, change,
grant, modify, supplement, supersede, alter, or otherwise affect or control, in any
manner, form, or at any time, any right, privilege, benefit, or any other term or
condition of employment, of any kind or nature whatsoever, in, upon, or for any
County Agent or Equalization Division Personnel with the County, any applicable
County employment and/or union contract, and/or any County rule(s),
regulation(s), hours of work, shift assignment, order(s), policy(ies), procedure(s),
directive(s), ethical guideline(s), etc., which shall, solely and exclusively, govern
and control the employment relationship between the County and any County
Agent or Equalization Division Personnel and/or the conduct and actions of any
County Agent or any Equalization Division Personnel. To illustrate, but not
otherwise limit, this Contract does not and shall not be interpreted to limit,
modify, control, or otherwise affect, in any manner:
2.3.4.1. The County's sole and exclusive right, obligation, responsibility, and
discretion to employ, compensate, assign, reassign, transfer,
promote, reclassify, discipline, demote, layoff, furlough, discharge
any Equalization Division Personnel and/or pay any and all
Equalization Division Personnel's wages, salaries, allowances,
reimbursements, compensation, fringe benefits, or otherwise decide
any and all such terms and conditions of employment and make any
and all employment decisions that affect, in any way, the
employment of any Equalization Division Personnel with the County,
subject only to its applicable collective bargaining Contracts.
2.3.4.2. The County's sole and exclusive right, obligation, and responsibility
to determine, establish, modify, or implement any and all operational
policies, procedures, orders, rules, regulations, ethical guidelines,
and/or any other judgment, policy or directive which, in any way,
governs or controls any activity of any County Agent or Equalization
Division Personnel, any necessary County Agent or Equalization
Division Personnel's training standards or proficiency(ies), any level
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641
or amount of required supervision, any and all standards of
performance, any sequence or manner of performance, and any
level(s) of experience, training, or education required for any
Equalization Division Personnel performing any County duty or
obligation under the terms of this Contract.
2.3.5. The Municipality agrees that except as expressly provided for under the terms of
this Contract and/or laws of this State, no County Agent or Equalization Division
Personnel, while such person is currently and/or actively employed or otherwise
remains on the payroll of the County as a County Agent shall be employed,
utilized, or perform any other services, of any kind, directly or indirectly, in any
manner or capacity, or otherwise be available to perform any other work or
assignments by or for the Municipality during the term of this Contract. This
section shall not prohibit the Municipality from employing any person who was a
former County Agent but is no longer employed in that capacity by the County.
2.3.6. Except as otherwise expressly provided by the Contract and/or applicable State
law, the Parties agree and warrant that neither the County, nor any County
Agent, nor any Equalization Division Personnel, by virtue of this Contract or
otherwise, shall be deemed, considered or claimed to be an employee of the
Municipality and/or a Municipality Agent.
2.3.7. The Municipality shall not otherwise provide, furnish or assign any Equalization
Division Personnel with any job instructions, job descriptions, job specifications,
or job duties, or in any manner attempt to control, supervise, train, or direct any
Personnel in the performance of any County's Equalization Division Assistance
Services duty or obligation under the terms of this Contract.
2.4. LIMITS AND EXCLUSIONS ON COUNTY “SERVICES” Except as otherwise expressly
provided for within this Contract, neither the County nor any County Agents shall be
responsible for assisting or providing any other "Services " or assistance to the
Municipality or assume any additional responsibility for assisting the Municipality in any
other way or manner with any Municipality obligations under any and all State Property
Tax Laws, including, but not limited to, providing any attorney or legal representation to
the Municipality or any Municipality Agent at any proceeding before the Michigan Tax
Tribunal or any other adjudicative body or court, except as expressly provided for in this
Contract.
2.4.1. The Municipality shall, at all times and under all circumstances, remain solely
liable for any and all costs, legal obligations, and/or civil liabilities associated
with or in any way related to any Municipality tax appraisal or assessment
functions or any other Municipality legal obligation under any applicable State
Property Tax Laws. The Municipality shall employ and retain its own
Municipality legal representation, as necessary, to defend any such claim or
challenge before the State Tax Tribunal or any other court or review body.
2.4.2. Except for those express statutory and/or regulatory obligations incumbent only
upon licensed Equalization Division Personnel (i.e., State Licensed and Certified
Real and/or Personal Property Tax Assessors) to defend property tax appraisals
and assessments that they either performed, or were otherwise performed under
their supervision, before the Michigan Tax Tribunal, the Parties agree that no
other County Agents, including any County attorneys shall be authorized,
required and/or otherwise obligated under this Contract or pursuant to any other
agreement between the Parties to provide any legal representation to or for the
Municipality and/or otherwise defend, challenge, contest, appeal, or argue on
behalf of the Municipality before the Michigan Tax Tribunal or any other review
body or court.
§3. TERM OF CONTRACT The Parties agree that the term of this Contract shall begin on the
effective date of this Contract, as otherwise provided herein, and shall end on June 30, 2011,
without any further act or notice from either Party being required. Any and all County Services
otherwise provided to the Municipality prior to the effective date of this Contract, shall be subject to
the terms and conditions provided for herein.
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642
§4. NO TRANSFER OF MUNICIPALITY LEGAL OBLIGATIONS TO COUNTY Except as expressly
provided for in this Contract, the Municipality agrees that this Contract does not, and is not
intended to, transfer, delegate, or assign to the County, and/or any County Agent or Equalization
Division Personnel any civil or legal responsibility, duty, obligation, duty of care, cost, legal
obligation, or liability associated with any governmental function delegated and/or entrusted to the
Municipality under any applicable State Property Tax Laws.
4.1. The Municipality shall, at all times and under all circumstances, remain solely liable for
any and all costs, legal obligations, and/or civil liabilities associated with or in any way
related to any Municipality tax appraisal or assessment functions or any other
Municipality legal obligation. The Municipality agrees that under no circumstances shall
the County be responsible for any costs, obligations, and/or civil liabilities associated with
its Municipality function or any responsibility under any State Property Tax Law.
4.2. The Municipality shall not incur or create any debts, liens, liabilities or obligations for the
County and shall take all necessary steps to ensure that any debts, liens, liabilities or
obligations that the Municipality may incur shall not become a debt, liability, obligation or
Claim(s) against the County.
4.3. The Parties agree that the Municipality shall at all times remain responsible for the
ultimate completion of any and all Municipality duties or obligations under any and all
applicable State Property Tax Laws. Nothing in this Contract shall relieve the
Municipality of any Municipality duty or obligation under any applicable State Property
Tax Law.
4.4. The Municipality and Municipality Agents shall be and remain responsible for compliance
with all federal, State, and local laws, ordinances, regulations, and agency requirements
in any manner affecting any work or performance of this Contract or with any Municipality
duty or obligation under any applicable State Property Tax Law.
§5. NO DELEGATION OR DIMINUTION OF ANY GOVERNMENTAL AUTHORITY The Parties
reserve to themselves any rights and obligations related to the provision of any and all of each
Party's respective governmental services, authority, responsibilities, and obligations. Except as
expressly provided otherwise herein, this Contract does not, and is not intended to, create,
diminish, delegate, transfer, assign, divest, impair, or contravene any constitutional, statutory,
and/or other legal right, privilege, power, civil or legal responsibility, obligation, duty of care,
liability, capacity, immunity, authority or character of office of either Party to any other person or
Party.
5.1. The Parties further agree, notwithstanding any other term or condition in this Contract,
that no provision in this Contract is intended, nor shall it be construed, as a waiver of any
governmental immunity, as provided by statute or applicable court decisions, by either
Party, either for that Party and/or any of that Party's County or Municipal Agents.
5.2. Notwithstanding any other provision in this Contract, nothing in this Contract shall be
deemed to, in any way, limit or prohibit the Oakland County Board of Commissioners
statutory rights and obligations to review and/or further equalize Municipality property
values or tax assessments and/or further act upon any Municipality assessment(s) of
property taxes under any applicable State Property Tax Laws, including, but not limited to
challenging any Municipality assessment before the Michigan Tax Tribunal.
§6. PAYMENT SCHEDULE In consideration of the promises set forth in this Contract, the
Municipality agrees to pay to the County: For the contract years 2009-2010 and 2010 -2011, the
sum of $18.20 for each year for each real property description and $13.30 for each year for each
personal property description rendered during the life of this Contract. Payment for the contract
year 2009-2010 is payable on or before July 1, 2010 and payment for the contract year 2010-2011
is payable on or before July 1, 2011.
If during the term of this Contract, there are additional services requested of the County, the
Parties shall negotiate additional fees to be paid by the Municipality.
6.1. All time incurred for Board of Review dates beyond the regular County working hours to
be billed at the applicable Equalization Division personnel’s overtime rate and charged to
the Municipality over and above any other fees described in this Contract, with the
following exceptions:
6.1.1. One evening meeting as required by law under MCL § 211.29(1).
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643
6.1.2. Dates requiring overtime set by the Municipality Charter.
6.2. The Municipality agrees to be responsible for postage on all personal property statements
and personal property notices mailed relating to work performed under this Contract. The
Municipality agrees to be responsible for all photographic supplies.
6.3. Should the MUNICIPALITY fail, for any reason, to timely pay the County the amounts
required under this Contract, the MUNICIPALITY agrees that upon notice from the
Oakland County Treasurer to the Treasurer of the State of Michigan (or any other State
of Michigan official authorized to disburse funds to the MUNICIPALITY), the State of
Michigan is authorized to withhold any funds due the MUNICIPALITY from the State, and
assign those funds to partially or completely offset any deficiency by the MUNICIPALITY
to the County. Such funds shall be paid directly to the County. Further, the
MUNICIPALITY waives any claims against the State or County, or their respective
officials, for any such amounts paid to the County.
6.4. Should the MUNICIPALITY fail for any reason to timely pay the County the amounts
required under this Contract, the MUNICIPALITY agrees that the County Treasurer shall
be entitled to set-off and retain any amounts due the MUNICIPALITY from Delinquent
Tax Revolving Fund (“DTRF”) or any other source of funds due the MUNICIPALITY in the
possession of the County, to partially or completely offset any deficiency by the
MUNICIPALITY, unless expressly prohibited by law. Such a transfer shall be considered
an assignment by the MUNICIPALITY to the COUNTY. Further, the MUNICIPALITY
waives any claims against the County, or its officials, for any such amounts paid to the
County.
6.5. Notwithstanding any other term or condition in this Contract, should the Municipality fail
for any reason to timely pay the County the amounts required under this Contract, the
MUNICIPALITY agrees that the County may discontinue, upon thirty (30) days written
notice to the Municipality, without any penalty or liability whatsoever, any County services
or performance obligations under this Contract.
6.6. None of these provisions shall operate to limit in any way the County’s right to pursue any
other legal remedies against the MUNICIPALITY for the reimbursement of amounts due
the County under this Agreement. The remedies in this paragraph are available to the
County on an ongoing and successive basis, as the MUNICIPALITY becomes delinquent
in its payments.
§7. LIABILITY The Municipality further agrees that the County shall not be liable to the Municipality
for any and all Claim(s), except as otherwise expressly provided for in this Contract.
7.1. The Parties agree that this Contract does not and is not intended to create or include any
County warranty, promise, covenant or guaranty, either express or implied, of any kind or
nature whatsoever in favor of the other Municipality, and/or any Municipality Agents, or
any Municipality Taxpayer or any other person or entity, or that the County’s efforts in the
performance of any obligation under this Contract will result in any specific monetary
benefit or efficiency, or increase in any tax revenue for the Municipality, or will result in
any specific reduction or increase in any property assessment, or guarantee that any
County services provided under this Contract will withstand any challenge before the
State Tax Tribunal or any court or review body, or any other such performance-based
outcome.
7.2. In the event of any alleged breach, wrongful termination, and/or any default of any term or
condition of this Contract by either the County or any County Agent, the County and/or
any County Agent shall not be liable to the Municipality for any indirect, incidental, special
or consequential damages, including, but not limited to any replacement costs for County
Services, any loss of income or revenue, and/or any failure by the Municipality to meet
any Municipality obligation under any applicable State Property Tax Laws, or any other
economic benefit or harm that the Municipality may have realized, but for any alleged
breach, wrongful termination, default and/or cancellation of this Contract, or damages
beyond or in excess of the amount(s) of any amount paid to, received or retained by the
County at the time of the alleged breach or default in connection with or under the terms
of this Contract, whether such alleged breach or default is alleged in an action in contract
or tort and/or whether or not the Municipality has been advised of the possibility of such
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644
damages. This provision and this Contract is intended by the Parties to allocate the risks
between the Parties, and the Parties agree that the allocation of each Party's efforts,
costs, and obligations under this Contract reflect this allocation of each Party's risk and
the limitations of liability as specified herein.
7.3. Notwithstanding any other provision in this Contract, with regard to any and all alleged
losses, claims, complaints, demands for relief or damages, suits, causes of action,
proceedings, judgments, deficiencies, liability, penalties, litigation costs and expenses,
including, but not limited to, any reimbursement for reasonable attorney fees, witness
fees, court costs, investigation and/or litigation expenses, any amounts paid in
settlement, and/or any other amounts, liabilities of any kind whatsoever which are
imposed on, incurred by, or asserted against the Municipality or any Municipality Agent
by any third person, including but not limited to any Municipality Agent or Municipality
Taxpayer, arising out of any activities or Services to be carried out by any County Agent
in the performance of this Contract, the Municipality hereby agrees that it shall have no
rights pursuant to or under this Contract against the County and/or any County Agents to
or for any indemnification (i.e., contractually, legally, equitably, or by implication)
contribution, subrogation, or other right to be reimbursed by the County and/or any of
County Agents based upon any and all legal theories or alleged rights of any kind,
whether known or unknown, for any and all alleged losses, claims, complaints, demands
for relief or damages, judgments, deficiencies, liability, penalties, litigation costs and
expenses of any kind whatsoever which are imposed on, incurred by, or asserted against
the Municipality and which are alleged to have arisen under or are in any way based or
predicated upon this Contract.
7.4. If the Municipality requests and the County agrees, the County may prepare the actual
tax statement for mailing by the Municipality to Municipality residents. In preparing any
such tax statement the County shall rely upon certain data provided by the Municipality
beyond the data gathered by the County under this contract, including, but not limited to,
the applicable millage rate. The parties agree that under no circumstances shall the
County be held liable to the Municipality or any third party based upon any error in any
tax statement due to information supplied by the Municipality to the County for such
purposes.
§8. MUNICIPALITY AGENTS AND COOPERATION WITH THE COUNTY The Municipality agrees
that it shall be solely and exclusively responsible, during the term of this Contract, for
guaranteeing that all Municipality Agents fully cooperate with Equalization Division Personnel in
the performance of all County Services under this Contract.
8.1. Municipality Agents shall be employed and assigned based on appropriate qualifications
and other factors as decided by the Municipality. The Municipality agrees that it shall be
solely responsible for furnishing all Municipality Agents with all job instructions, job
descriptions and job specifications and shall solely control, direct, and supervise all
Municipality Agents and shall be solely responsible for the means and manner in which
Municipality's duties or obligations under any applicable State Property Tax Laws are
satisfied.
8.2. The Municipality agrees that it shall be solely and completely liable for any and all
Municipality Agents' past, present, or future wages, compensation, overtime wages,
expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage
allowances, training expenses, transportation costs, and/or other allowances or
reimbursements of any kind, including, but not limited to, workers' disability compensation
benefits, unemployment compensation, Social Security Act protection(s) and benefits,
any employment taxes, and/or any other statutory or contractual right or benefit based on
or in any way related to any Municipality Agent's employment status or any alleged
violation of any Municipality Agent's statutory, contractual (e.g., union, employment, or
labor contract), constitutional, common law employment right, and/or civil rights by the
Municipality. The Municipality agrees to indemnify and hold harmless the County from
and against any and all Claim(s) which are imposed upon, incurred by, or asserted
against the County or any County Agent by any Municipality Agent and/or which are
based upon, result from, or arise from, or are in any way related to any Municipality
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645
Agent's wages, compensation, benefits, or other employment-related or based rights,
including, but not limited to, those described in this section.
8.3. The Municipality agrees that no Municipality Agent shall, by virtue of this Contract or
otherwise, be considered or claimed to be an employee of the County and/or a County
Agent. This Contract does not grant or confer, and shall not be interpreted to grant or
confer, upon any Municipality Agents or any other individual any status, privilege, right, or
benefit of County employment or that of a County Agent.
8.4. The Municipality agrees to provide the County with information regarding any activity
affecting the tax status of any parcel including but not limited to the following: Downtown
Development Authorities, Redevelopment Plans, Tax Increment Financing Authorities. In
addition, the municipality agrees to notify the County immediately of approval of any
application for abatement or tax exemption.
8.5. The Municipality agrees to inform the County agents regarding any increase in taxation
which is governed by the Truth in Taxation Act as well as any property which is being
considered for an exemption under the Industrial Facility Tax Act. The County shall be
informed of these proposed changes prior to approval by the governing body of the
municipality.
8.6. The Municipality will be responsible for Special Assessment billings, maintaining a paper
trail of roll changes, maintaining the rolls in balance, and providing the Oakland County
Equalization Division with the information necessary to prepare the warrant.
8.7. The Municipality agrees that its agents will perform the following functions:
8.7.1. Mechanically make name changes to Sidwell numbers on a monthly basis using
the County’s Computer terminals.
8.7.2. Provide a copy of all building permits with Sidwell numbers to the County’s
Equalization Division on a monthly basis.
8.7.3. Be responsible for the establishment, accuracy and compilation of all Special
Assessment rolls in the Municipality.
8.7.4. Forward all exemption applications, transfer affidavits, personal property
statements and any and all other documents affecting the status or value of
property located within the Municipality to the County’s Equalization Division in a
timely manner.
8.7.5. Forward all information on splits and combinations after approval by the
Municipality to the County’s Equalization Division.
8.8. In the event that Municipality Agents, for whatever reason, fail or neglect to undertake the
tasks in Section 8.7 above, the County’s Equalization Division may perform these tasks
and they shall be paid on a time and material basis. Such rate shall be based upon the
wages plus benefits of the person or persons performing said tasks.
§9. INDEPENDENT CONTRACTOR The Parties agree that at all times and for all purposes under
the terms of this Contract, the County's and/or any and all County Agents' legal status and
relationship to the Municipality shall be that of an Independent Contractor. Except as expressly
provided herein, each Party will be solely responsible for the acts of its own employees, Agents,
and servants during the term of this Contract. No liability, right or benefits arising out of an
employer/employee relationship, either express or implied, shall arise or accrue to either Party as
a result of this Contract.
§10. COUNTY PRIORITIZATION OF COUNTY RESOURCES The Municipality acknowledges and
agrees that this Contract does not, and is not intended to, create either any absolute right in favor
of the Municipality, or any correspondent absolute duty or obligation upon the County, to
guarantee that any specific number(s) or classification of County Agents will be present on any
given day to provide County services to the Municipality.
§11. INDEMNIFICATION The Municipality shall not be obligated to pay any portion of any court
ordered judgment or award to a third party for which a court has determined that the County
and/or any County Agent was solely negligent or at fault. However, the Municipality agrees to,
indemnify and hold the County and/or any County Agent harmless from and against any and all
Claim(s) which are imposed upon, incurred by, or asserted against the County and/or any County
Agent by any Municipality Agent under any circumstances or by any person which are based
upon, result from, or arise from, or are in any way related to any alleged error, mistake, negligence
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646
or intentional act(s) or omission(s) by the Municipality and/or any Municipality Agent, including, but
not limited to: (a) any alleged breach of legal duty to any person by the Municipality and/or any
Municipality Agent; (b) any alleged failure by the Municipality or any Municipality Agent to comply
with any Municipality duty or obligation in this Contract; and/or (c) any other Claim(s) based in
any way upon any Municipality or Municipality Agent's services, buildings, equipment, or any other
event, occurrence, duty, or obligation related or attendant thereto.
§12. CANCELLATION OR TERMINATION OF THIS CONTRACT Except as follows, and
notwithstanding any other term or provision in any other section of this Contract, either Party, upon
a minimum of ninety (90) calendar days written notice to the other Party, may cancel and/or
completely terminate this Contract for any reason, including convenience, without incurring any
penalty, expense, or liability to the other Party. The effective date for any such termination is to be
clearly stated in the notice.
12.1. At 5:00 p.m. on the effective date of the cancellation of this Contract all Municipality
and/or County obligations under this Contract, except those rights and obligations
expressly surviving cancellation as provided for in this Contract, shall end.
12.2. The Municipality agrees that any and all Municipality obligations, including, but not limited
to, any and all indemnification and hold harmless promises, waivers of liability, record-
keeping requirements, any Municipality payment obligations to the County, and/or any
other related obligations provided for in this Contract with regard to any acts,
occurrences, events, transactions, or Claim(s) either occurring or having their basis in
any events or transactions that occurred before the cancellation or completion of this
Contract, shall survive the cancellation or completion of this Contract.
§13. EFFECTIVE DATE, CONTRACT APPROVAL, AND AMENDMENT The Parties agree that this
Contract, and/or any subsequent amendments thereto, shall not become effective prior to the
approval by concurrent resolutions of both the Oakland County Board of Commissioners and the
City Commission of Bloomfield Hills. The approval and terms of this Contract, and/or any possible
subsequent amendments thereto, shall be entered in the official minutes and proceedings of both
the Oakland County Board of Commissioners and the City Commission of Bloomfield Hills and
shall also be filed with the office of the Clerk of the County and the Clerk for the City of Bloomfield
Hills.
§14. The Parties agree that this Contract, and/or any possible subsequent amendments, shall be filed
with the Michigan Secretary of State and this Contract, and/or any possible subsequent
amendments, shall not become effective prior to this required filing with the Secretary of State.
14.1. The Parties agree that except as expressly provided herein, this Contract shall not be
changed, supplemented, or amended, in any manner, except as provided for herein, and
no other act, verbal representation, document, usage or custom shall be deemed to
amend or modify this Contract in any manner.
§15. NO THIRD-PARTY BENEFICIARIES Except as expressly provided herein for the benefit of the
Parties (i.e., County or Municipality), this Contract does not, and is not intended to, create, by
implication or otherwise, any direct or indirect obligation, duty, promise, benefit, right to be
indemnified (i.e., contractually, legally, equitably, or by implication) and/or any right to be
subrogated to any Party's rights in this Contract, and/or any other right of any kind, in favor of any
person, including, but not limited to, any County Agent or Municipality Agent or any Municipality
Taxpayer, any Taxpayer's legal representative, any organization, any alleged unnamed
beneficiary or assignee, and/or any other person.
§16. CONSTRUED AS A WHOLE The language of all parts of this Contract is intended to and, in all
cases, shall be construed as a whole according to its fair meaning, and not construed strictly for or
against any party. As used in this Contract, the singular or plural number, possessive or
nonpossessive shall be deemed to include the other whenever the context so suggests or
requires.
§17. CAPTIONS The section headings or titles and/or all section numbers contained in this Contract
are intended for the convenience of the reader and not intended to have any substantive meaning
and are not to be interpreted as part of this Contract.
§18. NOTICES Except as otherwise expressly provided for herein, any and all correspondence,
invoices, and/or any other written notices required, permitted or provided for under this Contract to
be delivered to either Party shall be sent to that Party by first class mail. All such written notices,
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647
including any notice canceling or terminating this Contract as provided for herein, shall be sent to
the other Party's signatory to this Contract, or that signatory's successor in office, at the addresses
shown in this Contract. All correspondence or written notices shall be considered delivered to a
Party as of the date that such notice is deposited with sufficient postage with the U.S. Postal
Service.
§19. WAIVER OF BREACH The waiver of a breach of any provision of this Contract shall not operate
or be construed as a waiver of any subsequent breach. Each and every right, remedy and power
granted to either party or allowed it by law shall be cumulative and not exclusive of any other.
§20. ENTIRE CONTRACT This Contract, consisting of a total of fourteen (14) pages, sets forth the
entire agreement between the County and the Municipality and fully supersedes any and all prior
agreements or understandings between them in any way related to the subject matter hereof. It is
further understood and agreed that the terms and conditions herein are contractual and are not a
mere recital and that there are no other agreements, understandings, contracts, or representations
between the County and the Municipality in any way related to the subject matter hereof, except
as expressly stated herein. This Contract shall not be changed or supplemented orally and may
be amended only as otherwise provided herein.
For and in consideration of the mutual assurances, promises, acknowledgments, warrants,
representations, and agreements set forth in this Contract, and for other good and valuable consideration,
the receipt and adequacy of which is hereby acknowledged, the undersigned hereby execute this
Contract on behalf of the Parties, and by doing so legally obligate and bind the Parties to the terms and
conditions of this Contract.
IN WITNESS WHEREOF, L. David Kellett, Sr., Mayor of the City of Bloomfield Hills, hereby
acknowledges that he has been authorized by a resolution of the City Commission of Bloomfield Hills, a
certified copy of which is attached, to execute this Contract on behalf of the Municipality and hereby
accepts and binds the Municipality to the terms and conditions of this Contract.
EXECUTED: ________________________________ DATE: __________________
L. David Kellett, Sr., Mayor
City of Bloomfield Hills
WITNESSED: ________________________________ DATE: __________________
Amy Burton, Clerk
City of Bloomfield Hills
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 Contract on behalf of the Oakland
County, and hereby accepts and binds the Oakland County to the terms and conditions of this Contract.
EXECUTED: ________________________________ DATE: __________________
Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
WITNESSED: ________________________________ DATE: __________________
Ruth Johnson, Clerk/Register of Deeds
County of Oakland
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH
THE CHARTER TOWNSHIP OF LYON (real and personal property services)
This CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH
THE CHARTER TOWNSHIP OF LYON (hereafter, this "Contract") is made and entered into between the
COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation, whose address is 1200
North Telegraph Road, Pontiac, Michigan 48341 (hereafter, the "County"), and the CHARTER
TOWNSHIP OF LYON, a Michigan Constitutional and Municipal Corporation whose address is 58000
Grand River Avenue, New Hudson, Michigan 48165 (hereafter, the "Municipality"). In this Contract, either
the County and/or the Municipality may also be referred to individually as a "Party" or jointly as "Parties.”
INTRODUCTORY STATEMENTS
A. The Municipality, pursuant to the laws of the State of Michigan (hereafter, the "State"), including,
but not limited to, the Michigan General Property Tax Act (MCL 211.1, et seq.) is required to
perform real and personal property tax appraisals and assessments for all nonexempt real and
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648
personal property located within the geographic boundaries of the Municipality for the purpose of
levying State and local property taxes.
B. The Parties recognize and agree that absent an agreement such as this, or pursuant to an order
of the State Tax Commission mandating the County to perform all or some of the property tax
appraisal and tax assessment responsibilities for real and/or personal property located within the
Municipality's geographic boundaries (MCL 211.10(f), the County, has no obligation to provide
these Services to or for the Municipality.
C. The Michigan General Property Tax Act (MCL 211.34(3) provides that the County Board of
Commissioners, through the Equalization Division may furnish assistance to local assessing
officers in the performance of certain of these legally mandated, Municipality, property appraisal
and assessment responsibilities.
D. The Municipality has requested the County's Equalization Division assistance in performing the
“Equalization Division Assistance Services" (as described and defined in this Contract) and has
agreed in return to reimburse the County as provided for in this Contract.
E. The County has determined that it has sufficient "Equalization Division Personnel," as defined
herein, possessing the requisite knowledge and expertise and is agreeable to assisting the
Municipality by providing the requested “Equalization Division Assistance Services" under the
terms and conditions of this Contract.
NOW, THEREFORE, in consideration of these premises and the mutual promises, representations, and
agreements set forth in this Contract, and for other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the County and the Municipality mutually agree as follows:
§1. DEFINED TERMS In addition to the above defined terms (i.e., "Contract”, "County”, “Municipality”,
"Party" and "Parties", and “State”), the Parties agree that the following words and expressions
when printed with the first letter capitalized as shown herein, whether used in the singular or
plural, possessive or non-possessive, and/or either within or without quotation marks, shall, be
defined and interpreted as follows:
1.1. "County Agent" or "County Agents" shall be defined as any and all Oakland County
elected officials, appointed officials, directors, board members, council members,
commissioners, authorities, other boards, committees, commissions, employees,
managers, departments, divisions, volunteers, agents, representatives, and/or any such
persons' successors or predecessors, agents, employees, attorneys, or auditors (whether
such persons act or acted in their personal representative or official capacities), and/or
any persons acting by, through, under, or in concert with any of them, excluding the
Municipality and/or any Municipality Agents, as defined herein. "County Agent" and/or
"County Agents" shall also include any person who was a County Agent anytime during
the term of this Contract but, for any reason, is no longer employed, appointed, or elected
and serving as a County Agent.
1.2. “Equalization Division Personnel” as used in this Contract shall be defined as a specific
subset of, and included as part of the larger group of County Agents as defined above,
and shall be further defined as any and all County Agents specifically employed and
assigned by the County to work in the Equalization Division of the County’s Department
of Management and Budget as shown in the current County budget and/or personnel
records of the County. For any and all purposes in this Contract, any reference to County
Agents shall also include within that term any and all Equalization Division Personnel, but
any reference in this contract to Equalization Division Personnel shall not include any
County Agent employed by the County in any other function, capacity or organizational
unit of the County other than the Equalization Division of the Department of Management
and Budget.
1.3. "Municipality Agent" or "Municipality Agents", shall be defined to include any and all
Municipality officers, elected officials, appointed officials, directors, board members,
council members, authorities, boards, committees, commissions, employees, managers,
departments, divisions, volunteers, agents, representatives, and/or any such persons'
successors or predecessors, agents, employees, attorneys, or auditors (whether such
persons act or acted in their personal, representative, or official capacities), and/or any
and all persons acting by, through, under, or in concert with any of them, except that no
County Agent shall be deemed a Municipality Agent and conversely, no Municipality
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649
Agent shall be deemed a County Agent. "Municipality Agent" shall also include any
person who was a Municipality Agent at any time during this Contract but for any reason
is no longer employed, appointed, or elected in that capacity.
1.4. "Claim(s)" shall be defined to include any and all alleged losses, claims, complaints,
demands for relief or damages, suits, causes of action, proceedings, judgments,
deficiencies, liability, penalties, litigation costs and expenses, including, but not limited to,
any reimbursement for reasonable attorney fees, witness fees, court costs, investigation
and/or litigation expenses, any amounts paid in settlement, and/or any other amounts,
liabilities or Claim(s) of any kind whatsoever which are imposed on, incurred by, or
asserted against either the County and/or any County Agent, as defined herein, or any
Claim(s) for which the County and/or any County Agent may become legally and/or
contractually obligated to pay or defend against, or any other liabilities of any kind
whatsoever, whether direct, indirect or consequential, whether based upon any alleged
violation of the constitution (federal or State), any statute, rule, regulation or the common
law, whether in law or equity, tort, contract, or otherwise, and/or whether commenced or
threatened and arising out of any alleged breach of any duty by the County and/or any
County Agent to any third-person, the Municipality, including any Municipality Agent or
any Municipality Taxpayer under or in connection with this Contract or are based on or
result in any way from the County’s and/or any County Agent’s participation in this
Contract.
1.5. “Municipality Taxpayer” shall be defined as any and all residents, property owners,
persons, or taxable entities within the Municipality, or their representatives or agents, who
may be liable or responsible for any property taxes assessed by the Municipality pursuant
to any applicable State Property Tax Laws.
1.6. "State" shall be defined as the "State of Michigan,” a sovereign governmental entity of the
United States, and shall also include within its definition any and all departments or
agencies of State government including specifically, but not limited to, the State Tax
Commission, the State Tax Tribunal, and/or the State Department of Treasury.
§2. COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES The Parties agree that the full
and complete scope of any and all County Equalization Division Assistance Services shall be as
described and limited in the following subsections (hereinafter defined and referred to as either
“Equalization Division Assistance Services” or "Services”).
2.1. “EQUALIZATION DIVISION ASSISTANCE SERVICES” OR “SERVICES” TO BE
PROVIDED "Equalization Division Assistance Services" or "Services", to be performed
by County for the Municipality as those terms are defined in this Contract, shall only
include and shall be limited to the following activities:
2.1.1. This Contract is to provide for annual assessment of real and personal property
through the 2010 and 2011 tax years as required by laws of the State of
Michigan. The County agrees to make assessments of real and personal
property within the Municipality pursuant to MCL 211.10d.
2.1.2. The Equalization Division personnel will appraise all new property, process all
real and personal property description changes, prepare the assessment roll for
real and personal property in the Municipality; attend March, July and December
Boards of Review and other such duties as required by the State General
Property Tax Laws. The Equalization Division personnel will also be available for
consultation on all Michigan Tax Tribunal real and personal property appeals
and will assist the assessor in the preparation of both the oral and written
defense of appeals, as long as there is a current Contract in effect. However,
the County shall not assist or appear on behalf of the Municipality regarding
appeals of special assessments to the Michigan Tax Tribunal or any other Court
or Tribunal.
2.2. PURPOSE OF COUNTY “SERVICES” The Parties agree that the purpose of any and all
“Equalization Division Assistance Services” or “Services” to be performed under this
Contract shall be to assist (e.g., to help, aid, lend support, and/or participate in as an
auxiliary, to contribute effort toward completion of a goal, etc.) the Municipality in the
performance of that Municipality's official functions, obligations, and Municipality's legal
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650
responsibilities for property tax appraisal and assessment pursuant to the applicable
State Property Tax Laws.
2.3. MANNER COUNTY TO PROVIDE SERVICES The Parties agree that any and all
"Equalization Division Assistance Services" or "Services" to be provided by the County
for the Municipality under this Contract shall be performed solely and exclusively by the
County's "Equalization Division Personnel" as defined herein.
2.3.1. Equalization Division Personnel shall be employed and assigned by the County
in such numbers and based on such appropriate qualifications and other factors
as decided solely by the County.
2.3.2. The Parties agree that the County shall be solely and exclusively responsible for
furnishing all Equalization Division Personnel with all job instructions, job
descriptions and job specifications and shall in all circumstances control,
supervise, train or direct all Equalization Division Personnel in the performance
of any and all Services under this Contract.
2.3.3. Except as otherwise expressly provided for herein, the Parties agree and
warrant that, at all times and for all purposes relevant to this Contract, the
County shall remain the sole and exclusive employer of all County Agents and
Equalization Division Personnel and that the County shall remain solely and
completely liable for any and all County Agents' past, present, or future wages,
compensation, overtime wages, expenses, fringe benefits, pension or retirement
benefits, travel expenses, mileage allowances, training expenses, transportation
costs, and/or other allowances or reimbursements of any kind, including, but not
limited to, workers' disability compensation benefits, unemployment
compensation, Social Security Act protection(s) and benefits, any employment
taxes, and/or any other statutory or contractual right or benefit based on or in
any way related to any County Agent's employment status.
2.3.4. This Contract is neither intended, nor shall it be interpreted, to create, change,
grant, modify, supplement, supersede, alter, or otherwise affect or control, in any
manner, form, or at any time, any right, privilege, benefit, or any other term or
condition of employment, of any kind or nature whatsoever, in, upon, or for any
County Agent or Equalization Division Personnel with the County, any applicable
County employment and/or union contract, and/or any County rule(s),
regulation(s), hours of work, shift assignment, order(s), policy(ies), procedure(s),
directive(s), ethical guideline(s), etc., which shall, solely and exclusively, govern
and control the employment relationship between the County and any County
Agent or Equalization Division Personnel and/or the conduct and actions of any
County Agent or any Equalization Division Personnel. To illustrate, but not
otherwise limit, this Contract does not and shall not be interpreted to limit,
modify, control, or otherwise affect, in any manner:
2.3.4.1. The County's sole and exclusive right, obligation, responsibility, and
discretion to employ, compensate, assign, reassign, transfer,
promote, reclassify, discipline, demote, layoff, furlough, discharge
any Equalization Division Personnel and/or pay any and all
Equalization Division Personnel's wages, salaries, allowances,
reimbursements, compensation, fringe benefits, or otherwise decide
any and all such terms and conditions of employment and make any
and all employment decisions that affect, in any way, the
employment of any Equalization Division Personnel with the County,
subject only to its applicable collective bargaining Contracts.
2.3.4.2. The County's sole and exclusive right, obligation, and responsibility
to determine, establish, modify, or implement any and all operational
policies, procedures, orders, rules, regulations, ethical guidelines,
and/or any other judgment, policy or directive which, in any way,
governs or controls any activity of any County Agent or Equalization
Division Personnel, any necessary County Agent or Equalization
Division Personnel's training standards or proficiency(ies), any level
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651
or amount of required supervision, any and all standards of
performance, any sequence or manner of performance, and any
level(s) of experience, training, or education required for any
Equalization Division Personnel performing any County duty or
obligation under the terms of this Contract.
2.3.5. The Municipality agrees that except as expressly provided for under the terms of
this Contract and/or laws of this State, no County Agent or Equalization Division
Personnel, while such person is currently and/or actively employed or otherwise
remains on the payroll of the County as a County Agent shall be employed,
utilized, or perform any other services, of any kind, directly or indirectly, in any
manner or capacity, or otherwise be available to perform any other work or
assignments by or for the Municipality during the term of this Contract. This
section shall not prohibit the Municipality from employing any person who was a
former County Agent but is no longer employed in that capacity by the County.
2.3.6. Except as otherwise expressly provided by the Contract and/or applicable State
law, the Parties agree and warrant that neither the County, nor any County
Agent, nor any Equalization Division Personnel, by virtue of this Contract or
otherwise, shall be deemed, considered or claimed to be an employee of the
Municipality and/or a Municipality Agent.
2.3.7. The Municipality shall not otherwise provide, furnish or assign any Equalization
Division Personnel with any job instructions, job descriptions, job specifications,
or job duties, or in any manner attempt to control, supervise, train, or direct any
Personnel in the performance of any County's Equalization Division Assistance
Services duty or obligation under the terms of this Contract.
2.4. LIMITS AND EXCLUSIONS ON COUNTY “SERVICES” Except as otherwise expressly
provided for within this Contract, neither the County nor any County Agents shall be
responsible for assisting or providing any other "Services" or assistance to the
Municipality or assume any additional responsibility for assisting the Municipality in any
other way or manner with any Municipality obligations under any and all State Property
Tax Laws, including, but not limited to, providing any attorney or legal representation to
the Municipality or any Municipality Agent at any proceeding before the Michigan Tax
Tribunal or any other adjudicative body or court, except as expressly provided for in this
Contract.
2.4.1. The Municipality shall, at all times and under all circumstances, remain solely
liable for any and all costs, legal obligations, and/or civil liabilities associated
with or in any way related to any Municipality tax appraisal or assessment
functions or any other Municipality legal obligation under any applicable State
Property Tax Laws. The Municipality shall employ and retain its own
Municipality legal representation, as necessary, to defend any such claim or
challenge before the State Tax Tribunal or any other court or review body.
2.4.2. Except for those express statutory and/or regulatory obligations incumbent only
upon licensed Equalization Division Personnel (i.e., State Licensed and Certified
Real and/or Personal Property Tax Assessors) to defend property tax appraisals
and assessments that they either performed, or were otherwise performed under
their supervision, before the Michigan Tax Tribunal, the Parties agree that no
other County Agents, including any County attorneys shall be authorized,
required and/or otherwise obligated under this Contract or pursuant to any other
agreement between the Parties to provide any legal representation to or for the
Municipality and/or otherwise defend, challenge, contest, appeal, or argue on
behalf of the Municipality before the Michigan Tax Tribunal or any other review
body or court.
§3. TERM OF CONTRACT The Parties agree that the term of this Contract shall begin on the
effective date of this Contract, as otherwise provided herein, and shall end on June 30, 2011,
without any further act or notice from either Party being required. Any and all County Services
otherwise provided to the Municipality prior to the effective date of this Contract, shall be subject to
the terms and conditions provided for herein.
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652
§4. NO TRANSFER OF MUNICIPALITY LEGAL OBLIGATIONS TO COUNTY Except as expressly
provided for in this Contract, the Municipality agrees that this Contract does not, and is not
intended to, transfer, delegate, or assign to the County, and/or any County Agent or Equalization
Division Personnel any civil or legal responsibility, duty, obligation, duty of care, cost, legal
obligation, or liability associated with any governmental function delegated and/or entrusted to the
Municipality under any applicable State Property Tax Laws.
4.1. The Municipality shall, at all times and under all circumstances, remain solely liable for
any and all costs, legal obligations, and/or civil liabilities associated with or in any way
related to any Municipality tax appraisal or assessment functions or any other
Municipality legal obligation. The Municipality agrees that under no circumstances shall
the County be responsible for any costs, obligations, and/or civil liabilities associated with
its Municipality function or any responsibility under any State Property Tax Law.
4.2. The Municipality shall not incur or create any debts, liens, liabilities or obligations for the
County and shall take all necessary steps to ensure that any debts, liens, liabilities or
obligations that the Municipality may incur shall not become a debt, liability, obligation or
Claim(s) against the County.
4.3. The Parties agree that the Municipality shall at all times remain responsible for the
ultimate completion of any and all Municipality duties or obligations under any and all
applicable State Property Tax Laws. Nothing in this Contract shall relieve the
Municipality of any Municipality duty or obligation under any applicable State Property
Tax Law.
4.4. The Municipality and Municipality Agents shall be and remain responsible for compliance
with all federal, State, and local laws, ordinances, regulations, and agency requirements
in any manner affecting any work or performance of this Contract or with any Municipality
duty or obligation under any applicable State Property Tax Law.
§5. NO DELEGATION OR DIMINUTION OF ANY GOVERNMENTAL AUTHORITY The Parties
reserve to themselves any rights and obligations related to the provision of any and all of each
Party's respective governmental services, authority, responsibilities, and obligations. Except as
expressly provided otherwise herein, this Contract does not, and is not intended to, create,
diminish, delegate, transfer, assign, divest, impair, or contravene any constitutional, statutory,
and/or other legal right, privilege, power, civil or legal responsibility, obligation, duty of care,
liability, capacity, immunity, authority or character of office of either Party to any other person or
Party.
5.1. The Parties further agree, notwithstanding any other term or condition in this Contract,
that no provision in this Contract is intended, nor shall it be construed, as a waiver of any
governmental immunity, as provided by statute or applicable court decisions, by either
Party, either for that Party and/or any of that Party's County or Municipal Agents.
5.2. Notwithstanding any other provision in this Contract, nothing in this Contract shall be
deemed to, in any way, limit or prohibit the Oakland County Board of Commissioners
statutory rights and obligations to review and/or further equalize Municipality property
values or tax assessments and/or further act upon any Municipality assessment(s) of
property taxes under any applicable State Property Tax Laws, including, but not limited to
challenging any Municipality assessment before the Michigan Tax Tribunal.
§6. PAYMENT SCHEDULE In consideration of the promises set forth in this Contract, the
Municipality agrees to pay to the County: For the contract years 2009-2010 and 2010-2011, the
sum of $14.70 for each year for each real property description and $12.40 for each year for each
personal property description rendered during the life of this Contract. Payment for the contract
year 2009-2010 is payable on or before July 1, 2010 and payment for the contract year 2010-2011
is payable on or before July 1, 2011. If during the term of this Contract, there are additional
services requested of the County, the Parties shall negotiate additional fees to be paid by the
Municipality.
6.1. All time incurred for Board of Review dates beyond the regular County working hours to
be billed at the applicable Equalization Division personnel’s overtime rate and charged to
the Municipality over and above any other fees described in this Contract, with the
following exceptions:
6.1.1. One evening meeting as required by law under MCL § 211.29(1).
Commissioners Minutes Continued. September 24, 2009
653
6.1.2. Dates requiring overtime set by the Municipality Charter.
6.2. The Municipality agrees to be responsible for postage on all personal property statements
and personal property notices mailed relating to work performed under this Contract. The
Municipality agrees to be responsible for all photographic supplies.
6.3. Should the MUNICIPALITY fail, for any reason, to timely pay the County the amounts
required under this Contract, the MUNICIPALITY agrees that upon notice from the
Oakland County Treasurer to the Treasurer of the State of Michigan (or any other State
of Michigan official authorized to disburse funds to the MUNICIPALITY), the State of
Michigan is authorized to withhold any funds due the MUNICIPALITY from the State, and
assign those funds to partially or completely offset any deficiency by the MUNICIPALITY
to the County. Such funds shall be paid directly to the County. Further, the
MUNICIPALITY waives any claims against the State or County, or their respective
officials, for any such amounts paid to the County.
6.4. Should the MUNICIPALITY fail for any reason to timely pay the County the amounts
required under this Contract, the MUNICIPALITY agrees that the County Treasurer shall
be entitled to set-off and retain any amounts due the MUNICIPALITY from Delinquent
Tax Revolving Fund (“DTRF”) or any other source of funds due the MUNICIPALITY in the
possession of the County, to partially or completely offset any deficiency by the
MUNICIPALITY, unless expressly prohibited by law. Such a transfer shall be considered
an assignment by the MUNICIPALITY to the COUNTY. Further, the MUNICIPALITY
waives any claims against the County, or its officials, for any such amounts paid to the
County.
6.5. Notwithstanding any other term or condition in this Contract, should the Municipality fail
for any reason to timely pay the County the amounts required under this Contract, the
MUNICIPALITY agrees that the County may discontinue, upon thirty (30) days written
notice to the Municipality, without any penalty or liability whatsoever, any County services
or performance obligations under this Contract.
6.6. None of these provisions shall operate to limit in any way the County’s right to pursue any
other legal remedies against the MUNICIPALITY for the reimbursement of amounts due
the County under this Agreement. The remedies in this paragraph are available to the
County on an ongoing and successive basis, as the MUNICIPALITY becomes delinquent
in its payments.
§7. LIABILITY The Municipality further agrees that the County shall not be liable to the Municipality
for any and all Claim(s), except as otherwise expressly provided for in this Contract.
7.1. The Parties agree that this Contract does not and is not intended to create or include any
County warranty, promise, covenant or guaranty, either express or implied, of any kind or
nature whatsoever in favor of the other Municipality, and/or any Municipality Agents, or
any Municipality Taxpayer or any other person or entity, or that the County’s efforts in the
performance of any obligation under this Contract will result in any specific monetary
benefit or efficiency, or increase in any tax revenue for the Municipality, or will result in
any specific reduction or increase in any property assessment, or guarantee that any
County services provided under this Contract will withstand any challenge before the
State Tax Tribunal or any court or review body, or any other such performance-based
outcome.
7.2. In the event of any alleged breach, wrongful termination, and/or any default of any term or
condition of this Contract by either the County or any County Agent, the County and/or
any County Agent shall not be liable to the Municipality for any indirect, incidental, special
or consequential damages, including, but not limited to any replacement costs for County
Services, any loss of income or revenue, and/or any failure by the Municipality to meet
any Municipality obligation under any applicable State Property Tax Laws, or any other
economic benefit or harm that the Municipality may have realized, but for any alleged
breach, wrongful termination, default and/or cancellation of this Contract, or damages
beyond or in excess of the amount(s) of any amount paid to, received or retained by the
County at the time of the alleged breach or default in connection with or under the terms
of this Contract, whether such alleged breach or default is alleged in an action in contract
or tort and/or whether or not the Municipality has been advised of the possibility of such
Commissioners Minutes Continued. September 24, 2009
654
damages. This provision and this Contract is intended by the Parties to allocate the risks
between the Parties, and the Parties agree that the allocation of each Party's efforts,
costs, and obligations under this Contract reflect this allocation of each Party's risk and
the limitations of liability as specified herein.
7.3. Notwithstanding any other provision in this Contract, with regard to any and all alleged
losses, claims, complaints, demands for relief or damages, suits, causes of action,
proceedings, judgments, deficiencies, liability, penalties, litigation costs and expenses,
including, but not limited to, any reimbursement for reasonable attorney fees, witness
fees, court costs, investigation and/or litigation expenses, any amounts paid in
settlement, and/or any other amounts, liabilities of any kind whatsoever which are
imposed on, incurred by, or asserted against the Municipality or any Municipality Agent
by any third person, including but not limited to any Municipality Agent or Municipality
Taxpayer, arising out of any activities or Services to be carried out by any County Agent
in the performance of this Contract, the Municipality hereby agrees that it shall have no
rights pursuant to or under this Contract against the County and/or any County Agents to
or for any indemnification (i.e., contractually, legally, equitably, or by implication)
contribution, subrogation, or other right to be reimbursed by the County and/or any of
County Agents based upon any and all legal theories or alleged rights of any kind,
whether known or unknown, for any and all alleged losses, claims, complaints, demands
for relief or damages, judgments, deficiencies, liability, penalties, litigation costs and
expenses of any kind whatsoever which are imposed on, incurred by, or asserted against
the Municipality and which are alleged to have arisen under or are in any way based or
predicated upon this Contract.
7.4. If the Municipality requests and the County agrees, the County may prepare the actual
tax statement for mailing by the Municipality to Municipality residents. In preparing any
such tax statement the County shall rely upon certain data provided by the Municipality
beyond the data gathered by the County under this contract, including, but not limited to,
the applicable millage rate. The parties agree that under no circumstances shall the
County be held liable to the Municipality or any third party based upon any error in any
tax statement due to information supplied by the Municipality to the County for such
purposes.
§8. MUNICIPALITY AGENTS AND COOPERATION WITH THE COUNTY The Municipality agrees
that it shall be solely and exclusively responsible, during the term of this Contract, for
guaranteeing that all Municipality Agents fully cooperate with Equalization Division Personnel in
the performance of all County Services under this Contract.
8.1. Municipality Agents shall be employed and assigned based on appropriate qualifications
and other factors as decided by the Municipality. The Municipality agrees that it shall be
solely responsible for furnishing all Municipality Agents with all job instructions, job
descriptions and job specifications and shall solely control, direct, and supervise all
Municipality Agents and shall be solely responsible for the means and manner in which
Municipality's duties or obligations under any applicable State Property Tax Laws are
satisfied.
8.2. The Municipality agrees that it shall be solely and completely liable for any and all
Municipality Agents' past, present, or future wages, compensation, overtime wages,
expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage
allowances, training expenses, transportation costs, and/or other allowances or
reimbursements of any kind, including, but not limited to, workers' disability compensation
benefits, unemployment compensation, Social Security Act protection(s) and benefits,
any employment taxes, and/or any other statutory or contractual right or benefit based on
or in any way related to any Municipality Agent's employment status or any alleged
violation of any Municipality Agent's statutory, contractual (e.g., union, employment, or
labor contract), constitutional, common law employment right, and/or civil rights by the
Municipality. The Municipality agrees to indemnify and hold harmless the County from
and against any and all Claim(s) which are imposed upon, incurred by, or asserted
against the County or any County Agent by any Municipality Agent and/or which are
based upon, result from, or arise from, or are in any way related to any Municipality
Commissioners Minutes Continued. September 24, 2009
655
Agent's wages, compensation, benefits, or other employment-related or based rights,
including, but not limited to, those described in this section.
8.3. The Municipality agrees that no Municipality Agent shall, by virtue of this Contract or
otherwise, be considered or claimed to be an employee of the County and/or a County
Agent. This Contract does not grant or confer, and shall not be interpreted to grant or
confer, upon any Municipality Agents or any other individual any status, privilege, right, or
benefit of County employment or that of a County Agent.
8.4. The Municipality agrees to provide the County with information regarding any activity
affecting the tax status of any parcel including but not limited to the following: Downtown
Development Authorities, Redevelopment Plans, Tax Increment Financing Authorities. In
addition, the municipality agrees to notify the County immediately of approval of any
application for abatement or tax exemption.
8.5. The Municipality agrees to inform the County agents regarding any increase in taxation
which is governed by the Truth in Taxation Act as well as any property which is being
considered for an exemption under the Industrial Facility Tax Act. The County shall be
informed of these proposed changes prior to approval by the governing body of the
municipality.
8.6. The Municipality will be responsible for Special Assessment billings, maintaining a paper
trail of roll changes, maintaining the rolls in balance, and providing the Oakland County
Equalization Division with the information necessary to prepare the warrant.
8.7. The Municipality agrees that its agents will perform the following functions:
8.7.1. Mechanically make name changes to Sidwell numbers on a monthly basis using
the County’s Computer terminals.
8.7.2. Provide a copy of all building permits with Sidwell numbers to the County’s
Equalization Division on a monthly basis.
8.7.3. Be responsible for the establishment, accuracy and compilation of all Special
Assessment rolls in the Municipality.
8.7.4. Forward all exemption applications, transfer affidavits, personal property
statements and any and all other documents affecting the status or value of
property located within the Municipality to the County’s Equalization Division in a
timely manner.
8.7.5. Forward all information on splits and combinations after approval by the
Municipality to the County’s Equalization Division.
8.8. In the event that Municipality Agents, for whatever reason, fail or neglect to undertake the
tasks in Section 8.7 above, the County’s Equalization Division may perform these tasks
and they shall be paid on a time and material basis. Such rate shall be based upon the
wages plus benefits of the person or persons performing said tasks.
§9. INDEPENDENT CONTRACTOR The Parties agree that at all times and for all purposes under
the terms of this Contract, the County's and/or any and all County Agents' legal status and
relationship to the Municipality shall be that of an Independent Contractor. Except as expressly
provided herein, each Party will be solely responsible for the acts of its own employees, Agents,
and servants during the term of this Contract. No liability, right or benefits arising out of an
employer/employee relationship, either express or implied, shall arise or accrue to either Party as
a result of this Contract.
§10. COUNTY PRIORITIZATION OF COUNTY RESOURCES The Municipality acknowledges and
agrees that this Contract does not, and is not intended to, create either any absolute right in favor
of the Municipality, or any correspondent absolute duty or obligation upon the County, to
guarantee that any specific number(s) or classification of County Agents will be present on any
given day to provide County services to the Municipality.
§11. INDEMNIFICATION The Municipality shall not be obligated to pay any portion of any court
ordered judgment or award to a third party for which a court has determined that the County
and/or any County Agent was solely negligent or at fault. However, the Municipality agrees to,
indemnify and hold the County and/or any County Agent harmless from and against any and all
Claim(s) which are imposed upon, incurred by, or asserted against the County and/or any County
Agent by any Municipality Agent under any circumstances or by any person which are based
upon, result from, or arise from, or are in any way related to any alleged error, mistake, negligence
Commissioners Minutes Continued. September 24, 2009
656
or intentional act(s) or omission(s) by the Municipality and/or any Municipality Agent, including, but
not limited to: (a) any alleged breach of legal duty to any person by the Municipality and/or any
Municipality Agent; (b) any alleged failure by the Municipality or any Municipality Agent to comply
with any Municipality duty or obligation in this Contract; and/or (c) any other Claim(s) based in
any way upon any Municipality or Municipality Agent's services, buildings, equipment, or any other
event, occurrence, duty, or obligation related or attendant thereto.
§12. CANCELLATION OR TERMINATION OF THIS CONTRACT Except as follows, and
notwithstanding any other term or provision in any other section of this Contract, either Party, upon
a minimum of ninety (90) calendar days written notice to the other Party, may cancel and/or
completely terminate this Contract for any reason, including convenience, without incurring any
penalty, expense, or liability to the other Party. The effective date for any such termination is to be
clearly stated in the notice.
12.1. At 5:00 p.m. on the effective date of the cancellation of this Contract all Municipality
and/or County obligations under this Contract, except those rights and obligations
expressly surviving cancellation as provided for in this Contract, shall end.
12.2. The Municipality agrees that any and all Municipality obligations, including, but not limited
to, any and all indemnification and hold harmless promises, waivers of liability, record-
keeping requirements, any Municipality payment obligations to the County, and/or any
other related obligations provided for in this Contract with regard to any acts,
occurrences, events, transactions, or Claim(s) either occurring or having their basis in
any events or transactions that occurred before the cancellation or completion of this
Contract, shall survive the cancellation or completion of this Contract.
§13. EFFECTIVE DATE, CONTRACT APPROVAL, AND AMENDMENT The Parties agree that this
Contract, and/or any subsequent amendments thereto, shall not become effective prior to the
approval by concurrent resolutions of both the Oakland County Board of Commissioners and the
Board of Trustees of the Charter Township of Lyon. The approval and terms of this Contract,
and/or any possible subsequent amendments thereto, shall be entered in the official minutes and
proceedings of both the Oakland County Board of Commissioners and the Board of Trustees of
the Charter Township of Lyon and shall also be filed with the office of the Clerk of the County and
the Clerk for the Charter Township of Lyon.
§14. The Parties agree that this Contract, and/or any possible subsequent amendments, shall be filed
with the Michigan Secretary of State and this Contract, and/or any possible subsequent
amendments, shall not become effective prior to this required filing with the Secretary of State.
14.1. The Parties agree that except as expressly provided herein, this Contract shall not be
changed, supplemented, or amended, in any manner, except as provided for herein, and
no other act, verbal representation, document, usage or custom shall be deemed to
amend or modify this Contract in any manner.
§15. NO THIRD-PARTY BENEFICIARIES Except as expressly provided herein for the benefit of the
Parties (i.e., County or Municipality), this Contract does not, and is not intended to, create, by
implication or otherwise, any direct or indirect obligation, duty, promise, benefit, right to be
indemnified (i.e., contractually, legally, equitably, or by implication) and/or any right to be
subrogated to any Party's rights in this Contract, and/or any other right of any kind, in favor of any
person, including, but not limited to, any County Agent or Municipality Agent or any Municipality
Taxpayer, any Taxpayer's legal representative, any organization, any alleged unnamed
beneficiary or assignee, and/or any other person.
§16. CONSTRUED AS A WHOLE The language of all parts of this Contract is intended to and, in all
cases, shall be construed as a whole according to its fair meaning, and not construed strictly for or
against any party. As used in this Contract, the singular or plural number, possessive or non-
possessive shall be deemed to include the other whenever the context so suggests or requires.
§17. CAPTIONS The section headings or titles and/or all section numbers contained in this Contract
are intended for the convenience of the reader and not intended to have any substantive meaning
and are not to be interpreted as part of this Contract.
§18. NOTICES Except as otherwise expressly provided for herein, any and all correspondence,
invoices, and/or any other written notices required, permitted or provided for under this Contract to
be delivered to either Party shall be sent to that Party by first class mail. All such written notices,
including any notice canceling or terminating this Contract as provided for herein, shall be sent to
Commissioners Minutes Continued. September 24, 2009
657
the other Party's signatory to this Contract, or that signatory's successor in office, at the addresses
shown in this Contract. All correspondence or written notices shall be considered delivered to a
Party as of the date that such notice is deposited with sufficient postage with the U.S. Postal
Service.
§19. WAIVER OF BREACH The waiver of a breach of any provision of this Contract shall not operate
or be construed as a waiver of any subsequent breach. Each and every right, remedy and power
granted to either party or allowed it by law shall be cumulative and not exclusive of any other.
§20. ENTIRE CONTRACT This Contract, consisting of a total of fourteen (14) pages, sets forth the
entire agreement between the County and the Municipality and fully supersedes any and all prior
agreements or understandings between them in any way related to the subject matter hereof. It is
further understood and agreed that the terms and conditions herein are contractual and are not a
mere recital and that there are no other agreements, understandings, contracts, or representations
between the County and the Municipality in any way related to the subject matter hereof, except
as expressly stated herein. This Contract shall not be changed or supplemented orally and may
be amended only as otherwise provided herein.
For and in consideration of the mutual assurances, promises, acknowledgments, warrants,
representations, and agreements set forth in this Contract, and for other good and valuable consideration,
the receipt and adequacy of which is hereby acknowledged, the undersigned hereby execute this
Contract on behalf of the Parties, and by doing so legally obligate and bind the Parties to the terms and
conditions of this Contract.
IN WITNESS WHEREOF, Lannie D. Young, Supervisor of the Charter Township of Lyon, hereby
acknowledges that he has been authorized by a resolution of the Board of Trustees of the Charter
Township of Lyon, a certified copy of which is attached, to execute this Contract on behalf of the
Municipality and hereby accepts and binds the Municipality to the terms and conditions of this Contract.
EXECUTED: ________________________________ DATE: __________________
Lannie D. Young, Supervisor
Charter Township of Lyon
WITNESSED: ________________________________ DATE: __________________
Michele Ortiz-Cash, Clerk
Charter Township of Lyon
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 Contract on behalf of the Oakland
County, and hereby accepts and binds the Oakland County to the terms and conditions of this Contract.
EXECUTED: ________________________________ DATE: __________________
Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
WITNESSED: ________________________________ DATE: __________________
Ruth Johnson, Clerk/ Register of Deeds
County of Oakland
(The vote for this motion appears on page 675.)
*MISCELLANEOUS RESOLUTION #09209
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: FACILITIES MANAGEMENT - COMMUNITY CORRECTIONS RELOCATION PROJECT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the FY 2009 Capital Improvement Program and the FY 2010 Recommended Capital
Improvement Program include funding for miscellaneous building projects; and
WHEREAS the Community Corrections Division is currently housed in leased office space at 2300 Dixie
Highway, Waterford, Michigan; and
WHEREAS the current lease agreement commenced on October 19, 2008 and will expire on October 18,
2010; and
WHEREAS annual rent for the current lease agreement is $174,542.90; and
Commissioners Minutes Continued. September 24, 2009
658
WHEREAS the FY 2010 Recommended Budget also includes $23,200 for utility costs in the Community
Corrections Budget; and
WHEREAS savings to the County will be realized after expiration of the lease by relocating the
Community Corrections Division to the County-owned Oakland Pointe facility; and
WHEREAS the Community Corrections Relocation Project will renovate space in the Oakland Pointe
facility to accommodate the housing of the Community Corrections Division and in Building D to
accommodate performance of drug testing, as well as provide funding for the relocation; and
WHEREAS the renovation and relocation will be performed by in-house staff and outside contractors; and
WHEREAS the Community Corrections budget for Rent and Building Space Cost Allocation will be
amended during the FY 2011 Budget process after the relocation; and
WHEREAS total project costs of $235,000 are recommended by the Facilities Engineering Division,
including contingency; and
WHEREAS funding in the amount of $235,000 for the project is available for transfer from the FY 2009
Capital Improvement Program/Building Improvement Fund (#40100) to the Project Work Order Fund
(#40400) for the Community Corrections Relocation Project.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the Community
Corrections Relocation Project in the amount of $235,000.
BE IT FURTHER RESOLVED that the Board of Commissioners authorizes transfer of funding in the
amount of $235,000 from the Capital Improvement Program/Building Fund (#40100) to the Project Work
Order Fund (#40400) to establish the Community Corrections Relocation Project (#100000001288).
BE IT FURTHER RESOLVED that the FY 2009 Budget is amended as follows:
BUILDING IMPROVEMENT FUND #40100
1040101-148020-788001-40400 Transfer Out ($235,000)
PROJECT WORK ORDER FUND #40400
1040101-148020-695500-40100 Transfer In $235,000
$ -0-
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
(The vote for this motion appears on page 675.)
*MISCELLANEOUS RESOLUTION #09210
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: BOARD OF COMMISSIONERS – 2009 HURON CLINTON METROPOLITAN AUTHORITY TAX
RATE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Huron-Clinton Metropolitan Authority (HCMA) has requested that the Oakland County
Board of Commissioners apportion a 0.2146 mill property tax rate, consistent with Michigan Law (MCL
211.34d(26) the Headlee “amendment”; and
WHEREAS the Finance Committee recommends the 2009 Huron-Clinton Metropolitan Authority rate be
set at 0.2146 mill, the maximum allowable tax rate; and
WHEREAS $13,389,789 is estimated to be raised by the 0.2146 levy.
NOW THEREFORE BE IT RESOLVED that each Supervisor of the various townships and Assessing
Officers of the several cities of Oakland County are authorized and directed to spread on their respective
township or city tax rolls for the year 2009, a tax rate of 0.2146 mill for the Huron-Clinton Metropolitan
Authority, to be applied to the 2009 Taxable Value of all property located within their respective
jurisdictions.
Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution.
FINANCE COMMITTEE
Copy of Correspondence from David L. Wahl, Controller, Huron-Clinton Metropolitan Authority regarding
the 2009 Huron-Clinton Metropolitan Authority Tax Levy, 2009 Tax Rate Request and Instructions for
Completing Form 614 (L-4029), 2009 Tax Rate Request on file in County Clerk’s office.
(The vote for this motion appears on page 675.)
Commissioners Minutes Continued. September 24, 2009
659
*MISCELLANEOUS RESOLUTION #09211
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: BOARD OF COMMISSIONERS – 2009 PARKS AND RECREATION PROPERTY TAX LEVY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners has the authority to levy 0.2415 mill tax to
support the Oakland County Parks and Recreation Commission activities, during fiscal year 2010; and
WHEREAS this levy was approved by Oakland County voters on August 8, 2000 and as modified
consistent with Michigan Law (MCL 211.34D(26), the “Headlee amendment”; and
WHEREAS $13,049,934 is estimated to be raised by the 0.2415 levy.
NOW THEREFORE BE IT RESOLVED that each Supervisor of the various townships and Assessing
Officers of the several cites of Oakland County are authorized and directed to spread on their respective
township or city tax rolls for the year 2009, a tax rate of 0.2415 mill for Oakland County Parks and
Recreation activities, to be applied to the 2009 Taxable Value of all property within their respective
jurisdictions.
Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution.
FINANCE COMMITTEE
Copy of 2009 Tax Rate Request form on file in County Clerk’s office.
(The vote for this motion appears on page 675.)
*MISCELLANEOUS RESOLUTION #09212
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: MANAGEMENT AND BUDGET/PURCHASING DIVISION – E-VERIFY IMPLEMENTATION
PROCEDURES FOR SERVICE CONTRACTS
To the Oakland County Board of Commissioners
Chairperson, Ladies, and Gentlemen:
WHEREAS Miscellaneous Resolution (MR) #09116, adopted by the Oakland County Board of
Commissioners on July 30, 2009, established a policy requiring future service contractors to register with,
participate in, and utilize the E-Verify Program implemented by the Federal Department of Homeland
Security and Social Security Administration when hiring employees; and
WHEREAS MR #09116 requires the County Executive to formulate rules and procedures for
implementation of the E-Verify contractor policy and to present such rules and procedures to the Board of
Commissioners for approval before implementation; and
WHEREAS the County Executive recommends approval of the attached E-Verify Procedures.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
attached E-Verify Procedures with implementation of said procedures to begin upon adoption of this
resolution.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
Copy of E-Verify Procedures on file in County Clerk’s office.
(The vote for this motion appears on page 675.)
*REPORT (MISC. #09213)
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
IN RE: SHERIFF – FISCAL YEAR 2009 OAKLAND COUNTY NARCOTICS ENFORCEMENT TEAM
(NET) RESTORE – BYRNE JAG STIMULUS (AMERICAN RECOVERY AND REINVESTMENT ACT OF
2009) GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Human Resources Committee having reviewed the above referenced resolution on September 16,
2009 reports with the recommendation the resolution be adopted.
Commissioners Minutes Continued. September 24, 2009
660
Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing
report.
HUMAN RESOURCES COMMITTEE
MISCELLANEOUS RESOLUTION #09213
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF – FISCAL YEAR 2009 OAKLAND COUNTY NARCOTICS ENFORCEMENT TEAM
(NET) RESTORE – BYRNE JAG STIMULUS (AMERICAN RECOVERY AND REINVESTMENT ACT OF
2009) GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Department of Community Health through the American Recovery and
Reinvestment Act of 2009, Byrne Justice Assistance Grant, awarded the Sheriff funding for the Narcotics
Enforcement Team (NET); and
WHEREAS the grant application requested $304,613 in funding, and the grant award is $400,000 with no
County match required; and
WHEREAS grant funding is for the period of July 1, 2009 through September 30, 2012; and
WHEREAS the grant award provides funding for the addition of one (1) SR Deputy II position; and
WHEREAS this restores one of the two (2) positions that were deleted as a result of a decrease in federal
funding; and
WHEREAS the addition of this position will aid in the efficiency of the task force as well as increase officer
safety for the teams; and
WHEREAS subsequent to the application and resulting award the Sheriff has reassessed the program
and modified the budget to use the additional funding to pay for overtime of the new proposed position;
and
WHEREAS this grant award has been processed through the County Executive’s 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
Oakland County NET Restore – Byrne JAG Stimulus Grant award, for the period July 1, 2009 through
September 30, 2012, in the amount of $400,000 with no match required.
BE IT FURTHER RESOLVED that the grant award will fund one (1) SR Deputy II position.
BE IT FURTHER RESOLVED that one (1) SR Deputy II be created in the Sheriff’s Office/Investigative &
Forensic Services/N.E.T. Unit effective September 26, 2009.
BE IT FURTHER RESOLVED that one (1) NET forfeited vehicle be added to the fleet for use by this
position.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to
execute the grant award and to approve any grant extensions or changes, within fifteen percent (15%) of
the original award, which are consistent with the original application as approved.
BE IT FURTHER RESOLVED that continuation of this program, including positions, is contingent upon
continued grant funding.
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 from Deborah J. Hollis, Acting Director, Office of
Drug Control Policy, Byrne Justice Assistance Grant American Recovery and Reinvestment Act of 2009
Non-Supplanting and Reporting Requirements, Program Budget Cost Detail, Grant Agreement Between
Michigan Department of Community Health and County of Oakland, Attachment 1 – Purpose, Attachment
2 – Statement of Work, Attachment 3 – Program Budget Summary, Attachment 4 –
Performance/Progress Report Requirements, Attachment 5 – Financial Status Report, Attachment 6 –
Audit Status Notification Letter and Addendum for Drug Treatment Courts on file in County Clerk’s office.
Commissioners Minutes Continued. September 24, 2009
661
FISCAL NOTE (MISC. #09213)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF – FISCAL YEAR 2009 OAKLAND COUNTY NARCOTICS ENFORCEMENT TEAM
(NET) RESTORE – BYRNE JAG STIMULUS (AMERICAN RECOVERY AND REINVESTMENT ACT OF
2009) 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 American Recovery and
Reinvestment Act of 2009, Byrne Justice Assistance Grant, awarded the Sheriff funding for the
Narcotics Enforcement Team (NET) in the amount of $400,000.
2. This resolution restores one (1) SR Deputy II position that was deleted due to a reduction in
federal funding as reflected in the FY 2009 NET Grant Acceptance per MR #08275.
3. The grant application requested $304,613 in funding, and the grant award is $400,000 for salary
and fringe benefits over the 39 months of the grant agreement with no County match required.
4. The grant funding period is from July 1, 2009 through September 30, 2012.
5. The $400,000 grant award budget will be distributed across four (4) fiscal years with $30,769
effective July 1, 2009 through September 30, 2009, $123,077 for FY 2010, $123,077 for FY 2011,
and $123,077 for FY 2012.
6. A budget amendment is recommended to the FY 2009 Budget for three (3) months of costs and
to the FY 2010 – FY 2012 Finance Committee Recommended Budget for annual costs as follows:
SPECIAL REVENUE FUND (#27349)
Revenues FY 2009 FY 2010 FY 2011 FY 2012
4030901-110090-615571 State Oper. Gr $30,769 $123,077 $123,077 $123,077
Total Revenues $30,769 $123,077 $123,077 $123,077
Expenditures
4030901-110090-702010 Salaries $19,750 $ 79,001 $ 79,001 $ 79,001
4030901-110090-722740 Fringe Benefits 11,019 44,076 44,076 44,076
Total Expenditures $30,769 $123,077 $123,077 $123,077
FINANCE COMMITTEE
(The vote for this motion appears on page 675.)
*MISCELLANEOUS RESOLUTION #09198
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: CIRCUIT COURT - FAMILY DIVISION - OAKLAND COUNTY CHILD CARE FUND BUDGET
2009-2010
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to provisions of Act 280 of the Public Acts of 1975, Oakland County is required to
develop and submit a plan and budget for the provision of funding of foster care services to the Bureau of
Juvenile Justice, Department of Human Services, annually; and
WHEREAS the Oakland County Circuit Court - Family Division, County of Oakland, and the Oakland
County Department of Human Services have developed the attached foster care services budget for the
State's fiscal year, October 1, 2009 through September 30, 2010; and
WHEREAS a friendly lawsuit was filed August 2006. Dwayne B. v. Granholm was settled July 3, 2008
requiring all foster parents (relative or non-relative) be licensed; and
WHEREAS Oakland County’s Department of Management and Budget was concerned with the fiscal
implications of the settlement agreement. Representatives from the 6th Circuit Court’s Administration, the
Local State of Michigan’s DHS, Oakland County’s Department of Human Services and Oakland County’s
Department of Management and Budget met on February 25, 2009 to discuss these fiscal concerns. The
State of Michigan’s DHS representatives assured us that the settlement of Dwayne B. v Granholm would
not adversely affect our fiscal position; and
WHEREAS the County Executive relied on the Department of Human Services representative’s
assessment when recommending the FY 2010-FY 2012 budget; and
Commissioners Minutes Continued. September 24, 2009
662
WHEREAS subsequent to the recommendation the local DHS submitted figures for the FY 2010 Child
Care Fund contract requesting an increase totaling $1,722,501 from the County Executive
Recommended budget. Specifically, County DHS Supervised Foster Care payments increased
$786,592, County DHS Placed Foster Care and Administrative Rate Payments increased $67,432,
County DHS Placed In-state payments increased $417,569, and Independent Living County DHS placed
foster care and administrative rate increased $450,908; and
WHEREAS representatives from Oakland County’s Management and Budget, Oakland County’s Board of
Commissioners, and Oakland County’s Department of Health and Human Services met with State of
Michigan local DHS representatives on July 10, 2009 and made clear the County’s annual budget is the
legally binding appropriation. DHS does expect to stay within their County appropriation; and
WHEREAS Oakland County will be submitting to the Bureau of Juvenile Justice, Department of Human
Services the increased DHS figures submitted to the County because this is the maximum authorization
the state will allow; and
WHEREAS the Public Services Committee has reviewed this budget and recommends its submission to
the State Office.
NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners authorizes
submission of the 2009-2010 Oakland County Child Care Fund Budget to the Bureau of Juvenile Justice’s
Child Care Fund Unit, Department of Human Services.
BE IT FURTHER RESOLVED the Department of Human Services is legally bound to the appropriation
contained in the FY 2010-2012 Adopted County Budget.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of County Child Care Budget Summary, In-Home Care Certification and In-Home Care/Basic Grant
Budget Detail Report, Michigan Department of Human Services on file in County Clerk’s office.
FISCAL NOTE (MISC. #09198)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: CIRCUIT COURT/FAMILY DIVISION - OAKLAND COUNTY CHILD CARE FUND BUDGET 2009-
2010
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed the above referenced resolution, reports as follows:
1. Under the provisions of Act 280 of the Public Acts of 1975, Oakland County is required to develop
and submit a plan and budget for funding foster care services to the Child and Family Services
Office of the Bureau of Juvenile Justice, Department of Human Services annually.
2. The Circuit Court/Family Division and the Oakland County Department of Health and Human
Services (HHS) has developed the foster care services budget for the period covering October 1,
2009, through September 30, 2010.
3. The application reflects $35,627,611 in gross expenditures and $2,300,000 in offsetting revenues,
leaving a net expenditure of $33,327,611. The Child Care fund reimburses 100% for Foster Care
during release on Appeal of $8,000 and 50% for all other child care fund eligible expenditures of
$33,319,610 rendering a State reimbursement of $16,667,806 should the State approve the
budget and the County expends all funds listed in the application.
4. The application reflects a 7.81% increase from last year’s application of $2,580,534. This is due
to HHS increases of $1,722,499, Institutions care increases of $1,715,771, increase in Foster
Care during release appeal of $8,000, partially offset by a decrease of ($865,736) due to a
reduction of In Home Care programs.
5. The figures provided are estimates for State Child Care Fund budgeting purposes only, based on
current available data and may not reflect the eventual adopted budget and/or expenditures for
this program. The application expenditures exceed the FY 2010 Finance Committee
Recommendation by 9.22% or $3,006,472.
6. If necessary a budget amendment will be recommended at the time of the contract agreement.
FINANCE COMMITTEE
(The vote for this motion appears on page 675.)
Commissioners Minutes Continued. September 24, 2009
663
*REPORT (MISC. #09214)
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
IN RE: CIRCUIT COURT – POSITION DELETIONS TO REDUCE COSTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Human Resources Committee having reviewed the above referenced resolution on September 16,
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 #09214
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: CIRCUIT COURT – POSITION DELETIONS TO REDUCE COSTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Executive has assigned new departmental budget tasks and declared a
triennial budget plan for fiscal years 2010, 2011 and 2012; and
WHEREAS the Circuit Court has reviewed the assigned estimated budget task for General Fund/General
Purpose funds; and
WHEREAS in response to the weakened economy and budget shortfalls facing Oakland County, the
Circuit Court proposes the deletion of four (4) positions earlier than originally proposed; and
WHEREAS Circuit Court proposes the deletion of two (2) Court Clinical Psychologist (#3010402-07245 &
07365) and one (1) GF/GP Youth Assistance Caseworker II (#3010402-01751) that were scheduled to be
deleted effective 10/01/09 per the FY09 Adopted Budget, and one (1) GF/GP Office Assistant II
(#3010201-02569) originally proposed in the FY10 Recommended Budget; and
WHEREAS the savings from the position deletions will be applied towards the Circuit Court’s 2010, 2011
and 2012 budget task; and
WHEREAS the duties that were previously assigned to these positions will either be redistributed to other
divisional employees, privatized or discontinued; and
WHEREAS the remaining portion of the department’s budget task will be included in the triennial budget
plan for fiscal year 2010, 2011 and 2012.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
deletion of following GF/GP positions as shown below:
Position Title Status Dept and Position Number
Court Clinical Psychologist FTE 3010402-07245
Court Clinical Psychologist FTE 3010402-07365
Youth Assistance Caseworker II FTE 3010402-01751
Office Assistant II FTE 3010201-02569
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
FISCAL NOTE (MISC. #09214)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: CIRCUIT COURT – POSITION DELETIONS TO REDUCE COSTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed the above referenced resolution, reports as follows:
1. In an effort to reduce costs, the Circuit Court did not fill four positions in FY 2009 that were
scheduled for deletion in FY 2010. The savings from this action is $183,166 for FY 2009.
2. The Court is requesting to recognize these savings from the date vacated and record them in
their budget transition account. The savings will be utilized against future Circuit Court
budget tasks.
3. The following four (4) positions are scheduled for deletion as of October 1, 2009: two (2)
GF/GP Court Clinical Psychologists (#3040102-07245 and 3040102-7365) of $45,011, one
Commissioners Minutes Continued. September 24, 2009
664
(1) GF/GP Youth Assistance Caseworker II (#3010402-01751) of $82,082, and one (1)
GF/GP Office Assistant II (#3010201-02569) of $56,073.
4. The following budget amendment is recommended to move the savings into the Circuit
Court’s budget transition account:
CIRCUIT COURT GENERAL FUND - 10100 FY 2009
Expenditures
10100-9090101-112700-788001-20293 Transfer Out to Child Care Fund ($ 45,011)
10100-3010101-121100-740023 Budget Transition $183,166
10100-3010201-121100-702010 Salaries ($ 32,569)
10100-3010201-121100-722740 Fringe Benefits ($ 23,503)
10100-3010402-111000-702010 Salaries ($ 50,659)
10100-3010402-111000-722740 Fringe Benefits ($ 31,424)
Total -0-
CIRCUIT COURT CHILD CARE FUND – 20293 FY 2009
Revenues
20293-9010101-112700-615359 Child Care Subsidy ($ 45,011)
20293-9090101-112700-695500-10100 Transfer In from General Fund ($ 45,011)
Total ($ 92,022)
Expenditures
20293-3010402-135120-702010 Salaries ($ 57,408)
20293-3010402-135120-722740 Fringe Benefits ($ 32,614)
Total ($ 92,022)
FINANCE COMMITTEE
(The vote for this motion appears on page 675.)
*MISCELLANEOUS RESOLUTION #09215
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: PROSECUTING ATTORNEY – FISCAL YEAR 2010 COOPERATIVE REIMBURSEMENT
PROGRAM (CRP) GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Department of Human Services has awarded the Office of the Prosecuting
Attorney funding in the amount of $2,516,439 for the period October 1, 2009 through September 30, 2012
with annual renewals beginning October 1, 2010 for each subsequent fiscal year; and
WHEREAS this is the 37th year of grant acceptance for this program; and
WHEREAS the Federal contribution is $1,660,850 (66%) and the County contribution is $855,589 (34%).
The State supplement has been eliminated; and
WHEREAS the required County match of $855,589 has been included in the Fiscal Year 2010 County
Executive Recommended Budget; and
WHEREAS this grant includes continued funding for 24 positions, as follows: one (1) Chief (#4010201-
2946), one Legal Secretary (#4010201-2932), one (1) Office Supervisor (#4010201-979), three (3)
Assistant Prosecutors (#4010201-2052, #4010201-2492, #4010201-7046), three (3) Prosecutor
Investigators (#4010201-1002, #4010201-1847, #4010201-9646), four (4) Support Specialists (#4010201-
916, #4010201-4690, #4010201-6388, #4010201-7379), and eleven (11) Office Assistants (#4010201-
361, #4010201-514, #4010201-2160, #4010201-2612, #4010201-3224, #4010201-3366, #4010201-4691,
#4010201-4692, #4010201-5412, #4010201-7045, #4010201-7380); and
WHEREAS acceptance of this contract does not obligate the County to any future commitment; 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
contract renewal for the Prosecuting Attorney’s Cooperative Reimbursement Program in the total amount
of $2,516,439 for the period of October 1, 2009 through September 30, 2012.
BE IT FURTHER RESOLVED that this agreement shall be amended each fiscal year period beginning
October 1, 2010 through September 30, 2012 to authorize funding for subsequent fiscal year periods
covered by this agreement.
Commissioners Minutes Continued. September 24, 2009
665
BE IT FURTHER RESOLVED that the future level of service, including personnel, will be contingent upon
the level of grant funding available for this program.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to
execute the contract agreement and to approve amendments and extensions up to fifteen (15%) percent
variance from the award, consistent with the original agreement as approved.
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 – Prosecuting Attorney and Prosecuting Attorney Contract – Actual Cost
Cover Sheet, Attachment C – Michigan Department of Human Services FY 2010 Title IV-D Cooperative
Reimbursement Program Application and Worksheets, Oakland County Prosecutor’s Family Support
Division 2010 Organizational Chart, Fiscal Year 2010-2012 Title IV-D Cooperative Reimbursement
Program Agreement for Oakland County and Michigan Department of Human Services Contract
Signature Process on file in County Clerk’s office.
FISCAL NOTE (MISC. #09215)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: PROSECUTING ATTORNEY – FISCAL YEAR 2010 COOPERATIVE REIMBURSEMENT
PROGRAM (CRP) 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 Prosecuting Attorney is requesting the acceptance of the Fiscal Year 2010 Cooperative
Reimbursement Program Grant for the period of October 1, 2009 through September 30, 2012.
This is the 37th year of grant acceptance.
2. This contract acceptance is for three years, and requires an annual fiscal year budget funding
authorization.
3. The grant award of $2,516,439 is 3.5% greater than the current award ($2,430,000). The Federal
contribution is $1,660,850 (66%) and the County match is $855,589 (34%). The State
supplement has been eliminated.
4. In addition to the County match requirements, the County is expected to incur $183,400 in
administrative and support costs, which have been included in the Fiscal Year 2010 - 2012
Finance Committee Recommended Budget. This grant allows for recovery of those costs.
5. The grant match amount of $855,589 is included in the Fiscal Year 2010 - 2012 Finance
Committee Recommended Budget Non-departmental Grant Match line item.
6. A budget amendment is requested to the Fiscal Year 2010 through FY 2012 Finance Committee
Recommended Budget as follows:
FY 10 - 12 Total
Fin Comm FY 10-12 FY 10-12
Recomm Amendment Budget
GENERAL FUND (#10100)
Expenditures
9090101-196030-730800 Grant Match $7,200,000 ($855,589) $6,344,411
4010201-126070-788001-27315 Transfers Out -0- 855,589 855,589
Total General Fund Expenditures $7,200,000 $ -0- $7,200,000
CRP GRANT FUND (#27315)
Revenues
4010201-126070-630434 CRP Contract $1,603,800 $ 57,050 $1,660,850
4010201-126070-625212 CRP State Suppl. -0- -0- -0-
4010201-126070-695500-10100 Transfers In 826,200 29,389 855,589
Total Grant Revenues $2,430,000 $ 86,439 $2,516,439
Expenditures
4010201-126070-702010 Salaries $1,228,493 $ 64,731 $1,293,224
4010201-126070-722740 Fringe Benefits 691,793 21,826 713,619
4010201-126070-730163 Blood Tests
Commissioners Minutes Continued. September 24, 2009
666
(Paternity) 3,000 -0- 3,000
4010201-126070-730303 Clothing Allow. 1,294 ( 1) 1,293
4010201-126070-730338 Comp Research Serv 10,000 -0- 10,000
4010201-126070-730373 Contracted Services 45,754 ( 45,754) 0
4010201-126070-730688 Expert Witness Fees 402 -0- 402
4010201-126070-730695 Extradition Expense 25,000 5,000 30,000
4010201-126070-730926 Indirect Costs 183,400 20,489 203,889
4010201-126070-731213 Membership Dues 1,000 -0- 1,000
4010201-126070-731241 Miscellaneous 2,000 5,000 7,000
4010201-126070-731339 Periodicals Books Publ 200 -0- 200
4010201-126070-731346 Personal Mileage 1,700 -0- 1,700
4010201-126070-731388 Printing 2,500 -0- 2,500
4010201-126070-731458 Professional Services 8,950 4,050 13,000
4010201-126070-732018 Travel & Conference 6,000 -0- 6,000
4010201-126070-750154 Expendable Equipment 1,000 -0- 1,000
4010201-126070-750399 Office Supplies 7,000 4,000 11,000
4010201-126070-770631 Building Space Cost 89,287 ( 9,736) 79,551
4010201-126070-770667 Convenience Copier 7,100 -0- 7,100
4010201-126070-774636 IT Operations 19,872 -0- 19,872
4010201-126070-774667 Insurance Fund 8,970 -0- 8,970
4010201-126070-775667 Mail Room 30,316 5,000 35,316
4010201-126070-776661 Motor Pool 29,243 -0- 29,243
4010201-126070-777666 Print Shop 5,047 -0- 5,047
4010201-126070-777560 Radio Communications 3,578 -0- 3,578
4010201-126070-778675 Telephone Comm. 17,101 11,834 28,935
Total Grant Expenditures $2,430,000 $ 86,439 $2,516,439
FINANCE COMMITTEE
(The vote for this motion appears on page 675.)
*MISCELLANEOUS RESOLUTION #09216
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: PROSECUTING ATTORNEY – FISCAL YEAR 2010 CRIME VICTIM RIGHTS GRANT
ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the State of Michigan, Department of Community Health has awarded the Oakland County
Office of the Prosecuting Attorney Victim Rights grant funding in the amount of $188,900 for the period of
October 1, 2009 through September 30, 2010; and
WHEREAS this is the eighteenth (18th) year of grant acceptance for this program; and
WHEREAS the Fiscal Year 2010 award is the same as the Fiscal Year 2009 award amount and there is
no grant match required; and
WHEREAS the purpose of this grant is to expand and enhance local services available to crime victims
regarding their safety, rights, dignity, and healthy recovery; and
WHEREAS this grant includes continued funding of salaries, travel, supplies and materials for three (3)
Victim Advocate positions and one (1) Victim Rights Leader; and
WHEREAS the grant budget references four (4) positions that are partially supported by this grant award;
and
WHEREAS the Victim’s Right Coordinator has requested that the grant’s budget summary reflect the four
(4) positions (#05783, 05784, 05785, and 07183), which are partially reimbursed by the grant; and
WHEREAS this yearly grant is a fixed amount, while the salaries and fringe benefits for the four positions
have increased annually, which diminishes the recovery of costs; and
WHEREAS the grant award has been processed through the County Executive Contract Review Process
and the Board of Commissioners’ Grant Application Procedures.
Commissioners Minutes Continued. September 24, 2009
667
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts grant
funding from the State of Michigan, Department of Community Health in the amount of $188,900 for the
period of October 1, 2009 through September 30, 2010.
BE IT FURTHER RESOLVED should funding be discontinued, all four (4) 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 the Chairperson of the Board of Commissioners is authorized to
execute the grant award and to approve any grant extensions or changes, within fifteen percent (15%) of
the original award, which are consistent with the original application as approved.
BE IT FURTHER RESOLVED that continuation of this program, including the positions, is contingent
upon continued grant funding.
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 – Prosecuting Attorney, Grant Agreement between Michigan Department
of Community Health and County of Oakland – Prosecutor’s Office, Attachment A – Statement of Work,
Attachment B.1 – Program Budget Summary, Attachment B.2 – Program Budget – Cost Detail Schedule,
Attachment C – Performance/Progress Report Requirements, Attachment D – Final Expenditure Report
and Attachment E – Other Program Specific Requirements on file in County Clerk’s office.
FISCAL NOTE (MISC. #09216)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: PROSECUTING ATTORNEY – FISCAL YEAR 2010 CRIME VICTIMS RIGHTS 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 named
Miscellaneous Resolution and finds:
1. The Prosecuting Attorney is requesting the acceptance of the Fiscal Year 2010 Crime Victim
Rights Grant.
2. The grant award of $188,900 for the period of October 1, 2009 through September 30, 2010
is the same as the Fiscal Year 2009 award. There is no County match required.
3. The grant funds partially reimburse the costs of salaries, supplies and materials for three (3)
Victim Advocate positions and one (1) Victim Rights Leader, which are included in the FY
2010 – 2012 Finance Committee Recommended Budget.
4. No budget amendment is recommended.
FINANCE COMMITTEE
(The vote for this motion appears on page 675.)
*REPORT (MISC. #09217)
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
IN RE: PROSECUTING ATTORNEY – FISCAL YEAR 2010 DISTRICT COURT ADVOCACY
PROGRAM – VICTIMS OF CRIME ACT (VOCA) GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Human Resources Committee having reviewed the above referenced resolution on September 16,
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
Commissioners Minutes Continued. September 24, 2009
668
MISCELLANEOUS RESOLUTION #09217
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: PROSECUTING ATTORNEY – FISCAL YEAR 2010 DISTRICT COURT ADVOCACY PROGRAM
- VICTIMS OF CRIME ACT (VOCA) GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the State of Michigan, Department of Community Health has awarded to the Oakland County
Office of the Prosecuting Attorney Victims of Crime Act (VOCA) grant funding for the period of October 1,
2009 through September 30, 2010; and
WHEREAS this is the tenth (10th) year of grant acceptance for this program; and
WHEREAS the purpose of this grant is to expand and enhance local services available to crime victims
regarding their safety, rights, dignity, and healthy recovery; and
WHEREAS the Fiscal Year 2010 application amount of $85,694 resulted in an award of $85,694; and
WHEREAS the State contribution is $68,555 (80%), the County contribution is $17,139 (20%) in the form
of $5,150 cash match, and $11,989 in-kind commitment; and
WHEREAS the FY 10 award amount of $85,694 is a decrease from the FY09 award of $89,915; this
award allows continuation of one (1) FTE SR grant funded Victim Advocate position (#4010101-09647)
and the continuation of in-kind volunteer contribution; and
WHEREAS this award deletes one (1) PTNE Special Revenue (SR) grant funded Victim Advocate
position (#4010101-09398); and
WHEREAS the grant award has been processed through the County Executive Contract Review Process
and the Board of Commissioners Grant Application Procedures.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts grant
funding from the State of Michigan, Department of Community Health in the amount of $68,555 and
County contribution of $17,139 (of which $5,150 is cash) for the period of October 1, 2009 through
September 30, 2010.
BE IT FURTHER RESOLVED that one (1) PTNE SR grant funded Victim Advocate position (#4010101-
09398) for 399 hours be deleted effective with the acceptance of the award.
BE IT FURTHER RESOLVED that one (1) FTE SR grant funded Victim Advocate position (#4010101-
09647) be continued.
BE IT FURTHER RESOLVED that in-kind volunteer Victim Advocate contribution be continued; and
controllable operating expense is funded by the County cash match contribution.
BE IT FURTHER RESOLVED that continuation of this program is contingent upon continued grant
funding.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to
execute the grant award and to approve any grant extensions or changes, within fifteen percent (15%) of
the original award.
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 – Prosecuting Attorney, Grant Agreement between Michigan Department
of Community Health and County of Oakland, Michigan Department of Community Health FY 09/10
Agreement Addendum A, Attachment A – Statement of Work FY 2009-2010, Attachment B – Budget
Detail FY 2009-2010, Attachment C – Performance and Progress Report Requirements FY 2009-2010,
Attachment D – Fiscal Year Expenditure and Program Report FY 2009-2010 and Attachment E – Victims
of Crime Act & Victims Assistance Grant Assurances on file in County Clerk’s office.
FISCAL NOTE (MISC. #09217)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: PROSECUTING ATTORNEY – FY 2010 DISTRICT COURT ADVOCACY PROGRAM - VICTIMS
OF CRIME ACT (VOCA) 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:
Commissioners Minutes Continued. September 24, 2009
669
1. The Prosecuting Attorney has been awarded the Fiscal Year 2010 Victims of Crime Act
(VOCA) Grant in the amount of $85,694 by the State of Michigan, Department of Community
Health.
2. The Fiscal Year 2010 award is $4,221less than the Fiscal Year 2009 award of $89,915.
3. The State contribution is $68,555 (80%) and the County contribution is $17,139 (20%). The
County contribution includes voluntary part-time Victim Advocate intern positions of $11,989
and cash match of $5,150, which is included in the Fiscal Year 2010 Finance Committee
Recommended Budget under the Non-Departmental Grant Match account.
4. Due to significant changes in fringe benefit costs between the application and the acceptance
of this grant a funding shortfall of $5,448 is realized. The Prosecutor’s office has chosen to
address this shortfall by a one time reduction of General Fund line item budget for Extradition
Expense (730695) and transfer this amount to the grant fund budget.
5. In addition to the County match requirements, the County is expected to incur $5,137 in
administrative and support costs, which have been included in the Fiscal Year 2010 Finance
Committee Recommended Budget. This grant does not allow for recovery of those costs.
6. The grant award continues to fund one (1) FTE (position #09647) Victim Advocate, and
deletes one (1) PTNE (399 hours) Victim Advocate (position #09398). In addition, one (1)
volunteer Victim Advocate is represented by in-kind Local Match for $11,989.
7. A budget amendment is requested to the Fiscal Year 2010 Finance Committee
Recommended Budget as follows:
Finance Total
Recomm. FY 2010 Amended
GENERAL FUND #10100 FY 2010 Amendment FY 2010
Expenditures
9090101-196030-730800 Grant Match $7,200,000 ($ 5,150) $7,194,850
4010201-135170-730695 Extradition Exp. 125,517 ( 5,448) 120,069
4010101-135170-788001-27325 Trans Out -0- 10,590 10,598
Total General Fund Expenditures $7,325,517 $ -0- $7,325,517
VOCA GRANT FUND #27325
Revenues
4010201-135170-610313 Grants Federal $ 71,932 ($ 3,377) $ 68,555
4010201-135170-695500 Transfers In 9,883 ( 4,435) 5,448
4010201-135170-625558 Local Match -0- 5,150 5,150
Total Grant Revenues $ 81,815 ($ 2,662) $ 79,153
Expenditures
4010201-135170-702010 Salary $ 48,805 ($ 6,067) $ 42,738
4010201-135170-722740 Fringe Benefits 26,352 4,913 31,265
4010201-135170-731346 Personal Mileage -0- 4,550 4,550
4010201-135170-732018 Travel & Confer 5,530 ( 5,530) -0-
4010201-135170-777560 Radio Comm 1,128 ( 528) 600
Total Grant Expenditures $ 81,815 ($ 2,662) $ 79,153
FINANCE COMMITTEE
(The vote for this motion appears on page 675.)
*MISCELLANEOUS RESOLUTION #09218
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: MULTIDEPARTMENTAL: SHERIFF'S OFFICE, PROSECUTING ATTORNEY AND CIRCUIT
COURT – 2009 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM
ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the U.S. Department of Justice - Office of Justice Programs has awarded Oakland County,
along with 9 local jurisdictions, grant funding in the amount of $431,928 for the period of October 1, 2008
through September 30, 2012; and
Commissioners Minutes Continued. September 24, 2009
670
WHEREAS Oakland County’s share of the $431,928 is $56,645 and the remaining $375,283 is distributed
among the 9 local jurisdictions based on Federal allocation. There is no grant match requirement; and
WHEREAS Oakland County's projects under this award include equipment acquisition for the Sheriff’s
Office, Prosecuting Attorney and Circuit Court; and
WHEREAS under an Intergovernmental Agreement between Oakland County and the City of Auburn
Hills, City of Farmington Hills, City of Ferndale, City of Hazel Park, City of Oak Park, City of Pontiac, City
of Royal Oak, City of Southfield and Waterford Charter Township authorized by Miscellaneous Resolution
#09193, Oakland County will act as the fiduciary and lead agency for the entire award; and
WHEREAS the grant agreement has been processed through the County Executive Contract Review
Process and the Board of Commissioners Grant Acceptance Procedures; and
WHEREAS the acceptance of this grant does not obligate the County to any future commitment.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the U.S. Department
of Justice Grant Agreement in the amount of $431,928, and that the Board Chairperson, on behalf of the
County of Oakland, is authorized to execute said agreement as attached.
BE IT FURTHER RESOLVED the continuation of the program is contingent upon future levels of grant
program funding.
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, Prosecuting Attorney and Circuit Court, letter from
James H. Burch, II, Acting Director, Department of Justice, letter from Michael L. Alston, Director,
Department of Justice, Bureau of Justice Assistance Grant, memo from M.A. Berry, Environmental
Coordinator, Department of Justice and Grant Manager’s Memorandum, Pt. I: Project Summary on file in
County Clerk’s office.
FISCAL NOTE (MISC. #09218)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: MULTIDEPARTMENTAL: SHERIFF'S OFFICE, PROSECUTING ATTORNEY AND CIRCUIT
COURT – 2009 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM
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 has awarded Oakland County, along with 9 local
jurisdictions, grant funding in the amount of $431,928 for the period of October 1, 2008 through
September 30, 2012.
2. Oakland County’s share of the award is $56,645; Sheriff’s Office $36,197, Prosecuting Attorney
$14,048 and Circuit Court $6,400 for the purchase of equipment.
3. There is no grant match required.
4. Pursuant to the Intergovernmental Agreement approved by Miscellaneous Resolution #09193,
Oakland County will purchase and transfer ownership of capital equipment estimated at $375,283
for the City of Auburn Hills, City of Farmington Hills, City of Ferndale, City of Hazel Park, City of
Oak Park, City of Pontiac, City of Royal Oak, City of Southfield and Waterford Charter Township.
5. An amendment to the Fiscal Year 2009 Budget is recommended as follows:
GRANT FUND #27375 GRANT #GR0000000464 FY 2009
Revenue
1020601-182050-610313 Grants – Federal $375,283
4030901-116240-610313 Sheriff/Lab - Grants – Federal 23,340
4030301-112620-610313 Sheriff/Jail Housing - Grants – Federal 12,857
3010101-121100-610313 Circuit Court - Grants – Federal 6,400
4010101-122050-610313 Prosecuting Attorney - Grants – Federal 14,048
Total Grant Fund Revenue $431,928
Commissioners Minutes Continued. September 24, 2009
671
GRANT FUND #27375 GRANT #GR0000000464
Expenditures
1020601-182050-750170-40190 M&B/Twp Waterford – Other Exp. Equip. $ 21,564
1020601-182050-750170-40220 M&B/Auburn Hills – Other Exp. Equip. 10,169
1020601-182050-750170-40290 M&B/Farmington Hills – Other Exp. Equip. 18,501
1020601-182050-750170-40300 M&B/Ferndale – Other Exp. Equip. 12,375
1020601-182050-750170-40310 M&B/Hazel Park – Other Exp. Equip. 11,844
1020601-182050-750170-40390 M&B/Oak Park – Other Exp. Equip. 20,175
1020601-182050-730373-40420 M&B/Pontiac – Contracted Services 153,233
1020601-182050-750170-40450 M&B/Royal Oak – Other Exp. Equip. 16,745
1020601-182050-750170-40460 M&B/Southfield – Other Exp. Equip. 110,677
4030901-116240-750170 Sheriff/Lab - Other Exp. Equip. 23,340
4030301-112620-750170 Sheriff/Jail Housing - Other Exp. Equip. 12,857
3010101-121100-750170 Circuit Court - Other Exp. Equip 6,400
4010101-122050-750170 Prosecuting Attorney - Other Exp. Equip 14,048
Total Grant Fund Expenditures $431,928
FINANCE COMMITTEE
(The vote for this motion appears on page 675.)
*MISCELLANEOUS RESOLUTION #09219
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF’S OFFICE – NARCOTICS ENFORCEMENT TEAM (NET) INTERLOCAL
AGREEMENT WITH THE CHARTER TOWNSHIP OF WHITE LAKE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners adopted Miscellaneous Resolution #00307 on
December 14, 2000 authorizing the Narcotics Enforcement Team (NET) to operate under the direction of
the Sheriff; and
WHEREAS as part of the policy and operational control on NET, the County and the local units have
agreed upon the attached Interlocal Agreement (M.R. #01024); and
WHEREAS the Charter Township of White Lake is requesting to join the Oakland County Narcotics
Enforcement Team; and
WHEREAS the Charter Township of White Lake has agreed to the attached Interlocal Agreement
between the Township and the County; and
WHEREAS the Sheriff and the NET Advisory Board have agreed to allow the Charter Township of White
Lake to participate in NET and have agreed to the attached Interlocal Agreement; and
WHEREAS no additional vehicle will be necessary since the City of Sterling Heights due to budgetary
constraints withdrew their officer in May, 2009; and
WHEREAS Corporation Counsel has approved the attached agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
attached Interlocal Agreement with The Charter Township of White Lake and authorizes the Chairperson
of the Board to sign the agreement.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
OAKLAND COUNTY NARCOTIC ENFORCEMENT TEAM BETWEEN OAKLAND COUNTY AND
CHARTER TOWNSHIP OF WHITE LAKE
This Interlocal Agreement ("the Agreement") is made between Oakland County, a Constitutional and
Municipal Corporation, 1200 North Telegraph, Pontiac, Michigan 48341 ("County"), and The Charter
Township of White Lake (“Participating Agency”). In this Agreement, the County and the Participating
Agency 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 County and the Participating Agency enter into this Agreement for the purpose of
creating the Oakland County Narcotic Enforcement Team under the direction and supervision of the
Oakland County Sheriff’s Department (“OCSD”) and creating the Oakland County Narcotic Enforcement
Commissioners Minutes Continued. September 24, 2009
672
Team Advisory Board to provide recommendations and counsel regarding the direction and operation of
the Oakland County Narcotic Enforcement Team.
The mission of the Oakland County Narcotic Enforcement Team is to encourage interagency cooperation
between law enforcement agencies within Oakland County and other federal agencies in an effort to
apprehend and convict those involved in the use, sale, and distribution of illegal drugs and narcotics.
The goals of the Oakland County Narcotic Enforcement Team are:
1. To investigate drug trafficking within Oakland County with the purpose of detecting and
apprehending persons who violate narcotic and drug laws within Oakland County.
2. To provide a means of training officers of these agencies in the techniques of narcotic and
drug law enforcement.
In consideration of the mutual promises, obligations, representations, and assurances in this Agreement,
the Parties agree to the following:
1. ENTITIES PERFORMING UNDER THIS AGREEMENT. All County services and obligations set forth
in this Agreement shall be provided through the Oakland County Sheriff’s Department. All
Participating Agency’s services and obligations set forth in this Agreement shall be performed by the
White Lake Police Department. The Oakland County Narcotic Enforcement Advisory Board will
provide recommendations and counsel regarding the direction and operation of the Oakland County
Narcotic Enforcement Team.
2. DEFINITIONS. The following words and expressions used throughout this Agreement, whether used
in the singular or plural, within or without quotation marks, or possessive or nonpossessive, shall be
defined, read, and interpreted as follows.
2.1. County means Oakland County, a Municipal and Constitutional Corporation, including, but not
limited to, any and all of its departments, divisions, the County Board of Commissioners,
elected and appointed officials, directors, board members, council members, commissioners,
authorities, committees, employees, agents, subcontractors, volunteers, and/or any such
person's successors.
2.2. Day means any calendar day beginning at 12:00:01 a.m. and ending at 11:59:59 p.m.
2.3. Fiscal Year means October 1 to September 30.
2.4. Participating Agency means the Charter Township of White Lake, including, but not limited to,
its Council, any and all of its departments, divisions, committees, authorities, elected and
appointed officials, directors, board members, council members, commissioners, employees,
agents, subcontractors, volunteers, and/or any such person's successors.
2.5. Oakland County Narcotic Enforcement Team “NET”) means a multi-jurisdictional task force
under the direction and supervision of the Oakland County Sheriff’s Department, operating
pursuant to the mission and goals set forth in the Agreement.
2.6. Oakland County Narcotic Enforcement Team Advisory Board (“NET Advisory Board”) means
the body made up of the Participating Agency's Police Chief or their designee who supply
personnel to NET on a full-time basis and a representative of the Oakland County Prosecutor's
Office.
3. AGREEMENT EXHIBITS. The Exhibits listed below and their properly promulgated amendments are
incorporated and are part of this Agreement.
3.1. Exhibit A. NET Bylaws.
4. COUNTY RESPONSIBILITIES. Subject to the terms and conditions contained in this Agreement and
applicable changes in law, the County shall provide the following:
4.1. A building for use by NET, including repair and maintenance of the building;
4.2. Utilities for the building, including, but not limited to, electricity, heating, cooling and water;
4.3. Janitorial Services;
4.4. Office furniture and equipment, including, but not limited to, telephones, copier, fax, office
supplies, and computer hardware and software, and repair and maintenance of such furniture
and equipment;
4.5. Security equipment for the building;
4.6. Fire alarm and detection equipment;
4.7. Coordination of training of NET personnel;
4.8. Except for a duty weapon, equipment related to the operation of NET, including, but not limited
to, radios, cellular phones, pagers, bullet proof vests, travel related to NET operations, and
investigative expenses related to NET operations;
Commissioners Minutes Continued. September 24, 2009
673
4.9. Vehicles needed for the operation of NET;
4.10. Deputation of all NET personnel; and
4.11. Liability Protection for the employees assigned to NET by the Participating Agency as set forth
in Section 8.2.
5. PARTICIPATING AGENCY’S RESPONSIBILITIES. Subject to the terms and conditions contained in
this Agreement and applicable changes in law, the Participating Agency shall provide the following:
5.1. One or more full-time employees with a duty weapon for participation in NET. All costs
associated with employment, including, but not limited to, wages, salary, overtime, benefits,
local, state and federal taxes associated with employment, and worker’s compensation, which
costs shall be the sole responsibility of the Participating Agency.
6. NET ADVISORY BOARD RESPONSIBILITIES. Subject to the terms and conditions contained in the
Agreement and applicable changes in law, the NET Advisory Board shall perform the following:
6.1. Provide recommendations and counsel regarding the direction and operation of NET; and
6.2. Create and regularly review the NET Bylaws and amend them if necessary.
6.3. The Advisory Board shall meet at least quarterly. Proper notice of the meetings shall be sent to
all Participating Agencies at least seven (7) calendar days before the meeting is scheduled.
7. DURATION OF INTERLOCAL AGREEMENT.
7.1. 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 when the
Agreement is filed according to MCL 124.510. 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.
7.2. This Agreement shall remain in effect until cancelled or terminated by either Party pursuant to
Section 9.
8. ASSURANCES.
8.1. Except as provided in Section 8.2, each Party shall be responsible for its own acts and the acts
of its employees, agents, and subcontractors, the costs associated with those acts, and the
defense of those acts.
8.2. Because the employees specifically assigned and supplied by the Participating Agency to the
Task Force are under the control and supervision of the County, i.e., the Task Force Sergeant,
such employees of the Participating Agency will be covered under the County Indemnification
Policy (specifically, County Miscellaneous Resolutions 85339 and 86124 and any amendments
thereto) for law enforcement professional liability while acting within the scope of their authority
under the Task Force. Consistent with County Miscellaneous Resolutions 85339 and 86124,
and as further described in such Resolutions, the County shall select the attorney to represent
individuals on the Task Force and shall remain in control and supervision over any claims or
lawsuits involving the individuals on the Task Force including, but not limited to, settlement of
any claims or lawsuits.
9. TERMINATION OR CANCELLATION OF AGREEMENT.
9.1. Either Party may terminate or cancel this Agreement for any reason upon 30 days notice before
the effective date of termination or cancellation. The effective date for termination or
cancellation shall be clearly stated in the notice.
9.2. The Parties shall not be obligated to pay a cancellation or termination fee if this Agreement is
cancelled or terminated as provided herein.
10. SUSPENSION OF SERVICES. Upon notice to the Participating Agency and recommendation from
the NET Advisory Board, the County may immediately suspend this Agreement or the Participating
Agency’s participation in NET if the Participating Agency has failed to comply, within the County's
discretion, with federal, state, or local law, or any requirements contained in this Agreement. The
right to suspend services is in addition to the right to terminate or cancel this Agreement contained in
Section 9. The County shall incur no penalty, expense, or liability if services are suspended under
this Section.
11. 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.
Commissioners Minutes Continued. September 24, 2009
674
12. COMPLIANCE WITH LAWS. Each Party shall comply with all federal, state, and local statutes,
ordinances, regulations, administrative rules, and requirements applicable to its activities performed
under this Agreement, including, but not limited to, the policies, procedures, rules and regulations
attached as Exhibits to this Agreement, and properly promulgated amendments to those Exhibits.
13. 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.
14. 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 for its employees and/or agents necessary to perform all its obligations under this
Agreement. Upon request, a Party shall furnish copies of any permit, license, certificate or
governmental authorization to the requesting Party.
15. RESERVATION OF RIGHTS. This Agreement does not and is not intended to impair, divest,
delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power,
obligation, duty, or immunity of the Parties.
16. FORCE MAJEURE. Each Party shall be excused from any obligations under this Agreement during
the time and to the extent that a Party is prevented from performing due to causes beyond such
Party’s control, including, but not limited to, an act of God, war, acts of government (other than the
Parties'), fire, strike, labor disputes, civil disturbances, reduction of power source, or any other
circumstances beyond the reasonable control of the affected Party. Reasonable notice shall be given
to the affected Party of any such event.
17. DELEGATION/SUBCONTRACT/ASSIGNMENT. A Party shall not delegate, subcontract, and/or
assign any obligations or rights under this Agreement without the prior written consent of the other
Party. A delegation, subcontract and/or assignment made without the prior written consent of the
other Party is void.
18. NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a Party to pursue or
enforce any rights or remedies under this Agreement shall constitute a waiver of those rights with
regard to any existing or subsequent breach of this Agreement. No waiver of any term, condition, or
provision of this Agreement, whether by conduct or otherwise, in one or more instances shall be
deemed or construed as a continuing waiver of any term, condition, or provision of this Agreement.
No waiver by either Party shall subsequently effect its right to require strict performance of this
Agreement.
19. 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.
20. 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.
21. 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 by first class or certified
U.S. mail.
21.1. If Notice is set to the County, it shall be addressed and sent to: Oakland County Sheriff Office,
1200 N. Telegraph, Building 38 East, Pontiac, MI 48341 and Chairperson of the Oakland
County Board of Commissioners, 1200 North Telegraph, Building 12 East, Pontiac, Michigan
48341-0470.
21.2. If Notice is sent to the Participating Agency, it shall be addressed to: Ronald Stephens, Chief
of Police, and Mike Kowall, Supervisor, Charter Township of White Lake, 7525 Highland Rd.,
White Lake, MI 48383.
Commissioners Minutes Continued. September 24, 2009
675
21.3. Either Party may change the address and/or individual to which Notice is sent by notifying the
other Party in writing of the change.
22. GOVERNING LAW/CONSENT TO JURISDICTION AND VENUE. This Agreement shall be
governed, interpreted, and enforced by the laws of the State of Michigan. Except as otherwise
required by law or court rule, any action brought to enforce, interpret, or decide any Claim arising
under or related to this Agreement shall be brought in the 6th Judicial Circuit Court of the State of
Michigan, the 50th District Court of the State of Michigan, or the United States District Court for the
Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of the court.
Except as otherwise required by law or court rule, venue is proper in the courts set forth above.
23. AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications, amendments, recissions,
waivers, or releases to this Agreement must be in writing and agreed to by both Parties. Unless
otherwise agreed, the modification, amendment, recission, waiver, or release shall be signed by the
same persons who signed the Agreement or other persons as authorized by the Party's governing
body.
24. 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.
The Parties have taken all actions and secured all approvals necessary to authorize and complete this
Agreement. The persons signing this Agreement on behalf of each Party have legal authority to sign this
Agreement and bind the Parties to the terms and conditions contained herein.
IN WITNESS WHEREOF, Mike Kowall, Supervisor, hereby acknowledges that he has been authorized by
a resolution of the Charter Township of White Lake, a certified copy of which is attached, to execute this
Agreement on behalf of the Charter Township of White Lake:
EXECUTED: _____________________________ DATE: ______________
Name: Mike Kowall
Title: Supervisor
WITNESSED: _____________________________ DATE: ______________
Name: Terry Lilley
Title: Clerk
IN WITNESS WHEREOF, Bill Bullard, Jr., Chairperson, Oakland County Board of Commissioners, hereby
acknowledges that he has been authorized by a resolution of the Oakland County Board of
Commissioners, a certified copy of which is attached, to execute this Agreement on behalf of the Oakland
County.
EXECUTED: _____________________________ DATE: ______________
Bill Bullard, Jr. Chairperson
Oakland County Board of Commissioners
WITNESSED: _____________________________ DATE: ______________
Ruth Johnson, Clerk, Register of Deeds
County of Oakland
Vote on Consent Agenda:
AYES: Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel,
Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad,
Schwartz, Scott, Taub, Woodward, Zack, Bullard. (25)
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).
Commissioners Minutes Continued. September 24, 2009
676
MISCELLANEOUS RESOLUTION #09220
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: BOARD OF COMMISSIONERS – OAKLAND MICROLOAN PROGRAM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the credit crisis facing our nation has put increasing pressure on the ability of start-up small
businesses to gain access to capital, as well as impairing the ability of existing small businesses to
acquire loans to grow their businesses; and
WHEREAS the U.S. Small Business Administration (SBA) was created in 1953 as an independent
agency of the federal government to aid, counsel, assist and protect the interests of small business
concerns, to preserve free competitive enterprise and to maintain and strengthen the overall economy of
our nation; and
WHEREAS the SBA provides support for numerous programs to help grow small businesses; and
WHEREAS the SBA Microloan Program provides very small loans to start-up, newly established, or
growing small businesses; and
WHEREAS the SBA makes funds available to nonprofit community based lenders (intermediaries) which,
in turn, make loans available to eligible borrowers in amounts up to a maximum of $35,000, with loan
repayment periods of up to five (5) years; and
WHEREAS eligible intermediaries may be a quasi-governmental economic development corporation; and
WHEREAS the Oakland County Board of Commissioners recognizes that in these challenging economic
times it is critical to support small businesses, which are the economic base of our communities.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners creates the
Oakland Micro-Loan Program in Oakland County.
BE IT FURTHER RESOLVED that the Oakland County Executive through the Department of Economic
Development and Community Affairs shall develop a Micro-Loan Program for Oakland County.
BE IT FURTHER RESOLVED that before executing any agreements with any nonprofit community based
lender (intermediary) the Department of Community and Economic Development shall bring the proposed
program and any contract for services back to the Board of Commissioners for approval.
BE IT FURTHER RESOLVED that a program shall be returned to the Board of Commissioners not later
than 60 days after the adoption of this resolution.
BE IT FURTHER RESOLVED that any contract with an existing nonprofit community based lender
(intermediary) shall include a non-supplanting provision mandate to insure that Oakland County’s new
investment does not diminish the amount of loan awards currently being conferred in Oakland County.
BE IT FURTHER RESOLVED that the Oakland County Executive Administration is requested to draft and
attach a Fiscal Note and establish accounts that reflect the creation of the Microloan Program for Oakland
County, as an allocation under the), the Board of Commissioners designated fund reserve for the Fiscal
Year 2010 budget in the amount of $100,000.
BE IT FURTHER RESOLVED that the above mentioned funding will be transferred from the Designated
Fund Balance for Board of Commissioners’ Projects. The following amendment is made to the FY 2010
Budget:
Revenue
10100-9010101-196030-665882 Planned Use of Balance $100,000
Expenditures
10100-1090101-171000-731458 Professional Services $ 25,000
10100-1090101-171000-731969 Transfer to Reserve 75,000
$100,000
$ -0-
BE IT FURTHER RESOLVED that the budget Plans for Fiscal Year 2011 and 2012 each include a
designation of $75,000 for the Microloan Program Loan Loss Reserves.
BE IT FURTHER RESOLVED that amendments for the FY 2011 and FY 2012 will be included with the FY
2010 and FY 2011 Year-End Financial Report resolution, once the designation is re-established.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to the Oakland County Executive.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
Commissioners Minutes Continued. September 24, 2009
677
Moved by Woodward supported by Middleton the resolution be adopted.
AYES: Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett,
Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott,
Taub, Woodward, Zack, Bullard, Burns. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #09221
BY: General Government Committee, Christine Long, Chairperson
IN RE: TRI-PARTY ROAD IMPROVEMENT PROGRAM – FUNDING AND PROJECT APPROVAL
PROCESS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners created the discretionary Tri-Party Road
Improvement Program in the 1970’s to assist Oakland County’s Cities, Villages and Townships (CVTs) in
the construction, maintenance and repair of highways located within the boundaries of an Oakland
County CVT and under the supervision, direction and control of the Road Commission for Oakland
County (RCOC); and
WHEREAS the County was permitted to contribute funding to the discretionary Tri-Party Road
Improvement Program under the authority of 1917 PA 253, MCL 247.121, which provides that a county
operating under the county road system of the state may, when there is a surplus of monies in the
general fund, transfer a part of said surplus from the general fund to the county road fund to be used for
the construction, maintenance and repair of highways under the supervision, direction and control of the
board of county road commissioners; and
WHEREAS 1917 PA 253, MCL 247.121 only authorizes the discretionary transfer of surplus moneys that
were not raised by general taxes levied on the real and personal property of the county; and
WHEREAS the Tri-Party Road Improvement Program receives 1/3 of its funding from Oakland County
discretionary funds, 1/3 from the RCOC, and 1/3 from the CVT within which a highway project is to be
executed; and
WHEREAS the County’s discretionary 1/3 funding share has been annually transferred to the RCOC,
upon request of the RCOC and approval of the General Government Committee; and
WHEREAS the RCOC holds the entire County appropriation until a CVT identifies a specific project,
sends its share of a project’s funding to the RCOC and the project begins; and
WHEREAS this procedure has resulted in a practice that sees substantial portions of the County’s annual
appropriation remaining in an RCOC account for long periods of time, often measured in years, until a
CVT appropriates funds to support its 1/3 share of any particular project; and
WHEREAS according to the accounting records provided the County by the RCOC in July 2009, there
was $8,343,024 in County funds being held in RCOC accounts at the close of the 2008 fiscal year that
had not been matched by the CVTs; and
WHEREAS Michigan’s nine year recession has resulted in substantial reductions in general fund
revenues, especially in those revenues not raised by general taxes levied on the real and personal
property of the county; and
WHEREAS the revenue decline has required budget reductions across the entire scope of County
operations adversely impacting programs and duties performed by the Sheriff, Prosecutor, County
Executive, Water Resources Commissioner, Clerk/Register, Treasurer and Board of Commissioners; and
WHEREAS the employees of Oakland County have shared the burden of the economic downturn by
experiencing salary and hiring freezes, increased insurance co-pays, increased workloads and reductions
in discretionary programs; and
WHEREAS the County Executive believes that equity demands the discretionary Tri-Party Road
Improvement share in the burden imposed on all of Oakland County government during the economic
downturn, including accepting a reduced County financial contribution and by adopting changes to
existing program practices; and
WHEREAS given the amount of discretionary County appropriations being held in RCOC accounts for
long periods of time, often years, without being matched by a CVT appropriation for a specific project, the
Commissioners Minutes Continued. September 24, 2009
678
County Executive recommends that those County funds being held by the RCOC that have not been
matched by a CVT appropriation for a specific project should be returned to Oakland County immediately;
and
WHEREAS upon receipt of those County funds the County Executive recommends those funds be placed
in a General Fund Tri-Party Program designation until a specific Tri-Party Road Improvement project has
been identified by both an eligible CVT and the RCOC and until after the CVT has appropriated its 1/3
share of project funds and has executed a financing agreement for a specific project; and
WHEREAS the County Executive recommends that the existing interest(s) participating CVTs have in the
moneys returned from the RCOC to Oakland County pursuant to this resolution be retained so that the
CVTs who have not yet used shares of County-provided funding attributed to them under the established
distribution formula will enjoy the same interest/share in the County General Fund Tri-Party Program
designation as they had in the County funds being held by the RCOC at the time of transfer; and
WHEREAS the County Executive recommends that all future discretionary County contributions to the Tri-
Party Road Improvement Program be placed in the General Fund Tri-Party Program designation and be
distributed for specific projects at the time and in the manner provided herein.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners determines to
continue support of the discretionary Tri-Party Road Improvement Program in accordance with the
provisions and restrictions of 1917 PA 253, MCL 247.121 and as set forth below.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners requires that before any
future or further discretionary funding support for the Tri-Party Road Improvement Program is provided or
distributed, all Oakland County provided Tri-Party Road Improvement Program funds being held by the
RCOC that have not been matched by a CVT appropriation and an executed local financing agreement
for a specific project as of the effective date of this resolution shall be returned to Oakland County on or
before September 30, 2009.
BE IT FURTHER RESOLVED that upon receipt from the RCOC of those County moneys those funds
shall be placed in a General Fund Tri-Party Program designation until a specific Tri-Party Road
Improvement project has been identified by an eligible CVT and until after the CVT has appropriated its
1/3 share of project funds and executed a financing agreement for the project.
BE IT FURTHER RESOLVED that the existing interest(s) a participating Tri-Party Program CVT has in
the moneys returned from the RCOC to Oakland County pursuant to this resolution shall be retained so
that a CVT that has not yet used shares of County-provided funding attributed to them under the
established distribution formula will enjoy the same interest/share in the County General Fund Tri-Party
Program designation as they had in the County funds being held by the RCOC at the time of transfer.
BE IT FURTHER RESOLVED that beginning October 1, 2009 and continuing thereafter, any discretionary
County contribution to the Tri-Party Road Improvement Program will be funded through the designated
General Fund Balance entitled “Tri-Party Program”.
BE IT FURTHER RESOLVED that any discretionary Oakland County appropriation in support of the Tri-
Party Road Improvement Program shall be distributed only from the designated General Fund Tri-Party
Program fund balance and may be made only after completion of all of the following:
1. The Road Commission for Oakland County (RCOC) and an individual city, village, or
township (CVT) have identified a specific project and said project is ready to be undertaken
immediately; and
2. The RCOC has appropriated its 1/3 share of the funding for the project and transferred said
appropriation to a specific project account; and
3. The CVT has authorized its 1/3 share of the funding for the project and has executed a
written contract for payment with the RCOC; and
4. The Commissioner(s) representing the CVT requesting the project submits to the Board of
Commissioners General Government Committee and Finance Committee a resolution
authorizing the appropriation of the County’s 1/3 share of the project from the General Fund
Designated Fund Balance for Tri-Party Program. The resolution shall be approved by both
Committees and the full Board before any funds may be released from the Tri-Party Program
designation account.
BE IT FURTHER RESOLVED that initial funding for this designation will be established when the RCOC
transfers back to the County all Oakland County funds currently on deposit with the RCOC that have not
been matched by both the required CVT appropriation and executed financing agreement for a specific
project.
Commissioners Minutes Continued. September 24, 2009
679
BE IT FURTHER RESOLVED that an additional $1.0 million will be added to the Tri-Party Program
designation with the FY 2009 year end financial closing for use as provided herein during FY 2010.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Total Balance of Tri-Party Funds Through FY 2009 on file in County Clerk’s office.
FISCAL NOTE (MISC. #09221)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: TRI-PARTY ROAD IMPROVEMENT PROGRAM – FUNDING AND PROJECT APPROVAL
PROCESS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C the Finance Committee has reviewed the above referenced resolution and finds:
1. The resolution provides that future County funding for the Tri-Party Road Improvement
Program will be transferred from a designated General Fund balance, to be established
with the FY 2009 Year-End Financial Report.
2. Funding for this designation will be derived from the return of Oakland County provided
Tri-Party Road Improvement Program funds being held by the Road Commission for
Oakland County (RCOC) that have not been matched by a CVT appropriation and an
executed local financing agreement for a specific project. These funds shall be returned
on or before September 30, 2009.
3. Further in addition to the returned County funds mentioned in #2 above, the FY 2009
Year-End Report will also include an additional $1.0 million in the Tri-Party Program
General Fund designation.
4. Funding will be moved from the designated fund balance pursuant to the process listed in
the resolution.
FINANCE COMMITTEE
Moved by Gingell supported by Long to substitute this resolution – Miscellaneous Resolution #09221 –
Tri-Party Road Improvement Program – Funding and Project Approval Process (with fiscal note attached)
for the previous version of the Tri-Party Funding, Maintenance and Disbursement Policy – Miscellaneous
Resolution #03237.
Discussion followed.
Moved by Greimel supported by Coulter to amend the resolution as follows:
BE IT FURTHER RESOLVED that an additional $1.0 $2.25 million from the Total Officially
Reported Estimated Favorability for FY 2009 of $9,282,614 will be added to the Tri-Party
Program designation (the designated General Fund Tri-Party Program fund balance) with the
FY 2009 year end financial closing for use as provided herein during FY 2010.
Discussion followed.
Vote on amendment:
AYES: Coleman, Coulter, Gershenson, Greimel, Hatchett, Jackson, McGillivray, Nash, Schwartz,
Woodward, Zack, Burns. (12)
NAYS: Douglas, Gingell, Gosselin, Jacobsen, Long, Middleton, Potter, Potts, Runestad, Scott,
Taub, Bullard, Capello. (13)
A sufficient majority not having voted in favor, the amendment failed.
Commissioners Minutes Continued. September 24, 2009
680
Moved by Greimel supported by Coulter to amend the resolution as follows:
BE IT FURTHER RESOLVED that an additional $1.0 $1.5 million from the Total Officially
Reported Estimated Favorability for FY 2009 of $9,282,614 will be added to the Tri-Party
Program designation (the designated General Fund Tri-Party Program fund balance) with the
FY 2009 year end financial closing for use as provided herein during FY 2010.
Discussion followed.
Vote on amendment:
AYES: Coulter, Gershenson, Greimel, Hatchett, Jackson, McGillivray, Nash, Schwartz,
Woodward, Zack, Burns, Coleman. (12)
NAYS: Douglas, Gingell, Gosselin, Jacobsen, Long, Middleton, Potter, Potts, Runestad, Scott,
Taub, Bullard, Capello. (13)
A sufficient majority not having voted in favor, the amendment failed.
Discussion followed.
Vote on resolution:
AYES: Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long,
McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack,
Bullard, Burns, Capello, Coleman, Coulter. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted.
REPORT
BY: General Government Committee, Christine Long, Chairperson
IN RE: BOARD OF COMMISSIONERS – APPOINTMENT TO THE BOARD OF COUNTY
CANVASSERS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the expired appointments on the Board of County
Canvassers and the recommendations by David Law, Chairperson of the Republican Party and Mike
McGuinness, Chairperson of the Democratic Party, recommends the filling of seats, as follows:
Board of County Canvassers (Four Year Term Ending November 1, 2013)
C. Elaine Skarritt, Republican Member
Ramzi Dalloo, Democratic Member
Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing
report.
GENERAL GOVERNMENT COMMITTEE
Copy of Letters from David Law, Chairperson, Oakland County Republican Party; Mike McGuinness,
Chairperson, Oakland County Democratic Party; and Joseph J. Rozell, Director of Elections, Oakland
County on file in County Clerk’s office.
Moved by Long supported by Coulter the General Government Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Commissioners Minutes Continued. September 24, 2009
681
The vote for the members of the Oakland County Canvassing Board, as a result of a paper ballot vote,
reads as follows, listing the Commissioner and their selection of Republican Candidate and Democratic
Candidate in parenthesis:
Bullard (Skarritt, Dalloo), Burns (Skarritt, Dalloo), Capello (Skarritt, Dalloo), Coleman (Skarritt,
Dalloo), Coulter (Skarritt, Dalloo), Douglas (Cowan, Abstain), Gershenson (Abstain, Dalloo),
Gingell (Skarritt, Dalloo), Gosselin (Cowan, Suidan), Greimel (Skarritt, Dalloo), Hatchett (Skarritt,
Dalloo), Jackson (Skarritt, Dalloo), Jacobsen (Skarritt, Dalloo), Long (Skarritt, Dalloo), McGillivray
(Skarritt, Dalloo), Middleton (Skarritt, Dalloo), Nash (Skarritt, Dalloo), Potter (Skarritt, Dalloo),
Potts (Aldrich, Berry), Runestad (Skarritt, Dalloo), Scott (Aldrich, Dalloo), Schwartz (Skarritt,
Dalloo), Taub (Skarritt, Dalloo), Woodward (Skarritt, Dalloo), Zack (Skarritt, Dalloo).
SUMMARY OF VOTES
Republican Candidates Democratic Candidates
C. Elaine Skarritt 20 Ramzi Dalloo 22
James Aldrich 2 Michele Berry 1
Dennis Cowan 2 Jennifer Suidan 1
Abstain 1 Abstain 1
Moved by Long supported by Coulter the appointments of C. Elaine Skarritt as the Republican
Representative and Ramzi Dalloo as the Democratic Representative to the Oakland County Canvassing
Board for a Four Year Term ending November 1, 2013, be confirmed.
A sufficient majority having voted in favor, the appointments of C. Elaine Skarritt and Ramzi Dalloo to the
Oakland County Canvassing Board for a Four Year Term ending November 1, 2013, were confirmed.
Commissioner Douglas stated there were no items to report on the Regular Agenda.
MISCELLANEOUS RESOLUTION #09222
BY: Planning and Building Committee, John A. Scott, Chairperson
IN RE: WATER RESOURCES COMMISSIONER - 2009 LAKE LEVEL ASSESSMENTS FOR
OPERATION AND MAINTENANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in accordance with the provisions of Part 307 of Act 451 of 1994, as amended, Inland Lake
Levels, the Oakland County Water Resources Commissioner operates and maintains 35 lake level control
devices/structures and 7 lake augmentation pumps that regulate the legally established water level of 53
lakes located within Oakland County; and
WHEREAS the Water Resources Commissioner incurs costs for such operation and maintenance that
are recoverable via assessments against the various benefiting properties and government entities
comprising the assessment rolls of the respective Lake Level Districts; and
WHEREAS Section 30722(4) of Act No. 59 requires that the Water Resources Commissioner obtain
approval from the Board of Commissioners prior to levying any lake level assessment in excess of
$10,000 annually; and
WHEREAS for the year 2009, the Water Resources Commissioner proposes to assess 28 separate Lake
Level Districts for the total aggregate amount of $424,834.51 for operation, maintenance and repair
purposes, as itemized on the listing attached hereto, of which 20 of the proposed assessments are in
excess of the said $10,000.00 limit, thereby requiring the Board of Commissioners’ authorization.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
authorizes the Water Resources Commissioner to assess, levy and collect for the year 2009, for the
purpose of operating and maintaining the level of various lakes located in Oakland County, the total
aggregate amount of $424,834.51, being the sum total of all assessments for the said year to be
assessed against all of the befitting properties and government entities comprising the assessment rolls
of 28 separate Lake Level Districts itemized on the listing hereto, including 20 assessments in excess of
$10,000.00.
Commissioners Minutes Continued. September 24, 2009
682
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of 2009 Lake Level Drain Assessments for Maintenance and Operation on file in County Clerk’s
office.
FISCAL NOTE (MISC. #09222)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: WATER RESOURCES COMMISSIONER - 2009 LAKE LEVEL ASSESSMENTS FOR
OPERATION AND MAINTENANCE
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 Water Resources Commissioner to assess, levy, and collect
$424,834.51 for the year 2009 against all benefiting properties and government entities
comprising the assessment rolls, for the purpose of operating and maintaining 28 lake levels
located within Oakland County.
2. Oakland County’s share of the assessments for operations and maintenance of lake levels is
$2,883.99, which includes $2,379.35 for roads at large and $504.64 for properties.
3. Funding is available in the General Fund Non-Departmental account - Drain Assessments. No
budget amendments are recommended.
FINANCE COMMITTEE
The Chairperson stated the resolution be laid over for 30 days until the October 29, 2009, Board meeting.
There were no objections.
MISCELLANEOUS RESOLUTION #09223
BY: Planning and Building Committee, John A. Scott, Chairperson
IN RE: WATER RESOURCES COMMISSIONER - 2009 CHAPTER 4 DRAIN MAINTENANCE
ASSESSMENT RESOLUTION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in accordance with the provisions of Chapter 4 of Act No. 40 of the Public Acts of 1956, as
amended, also known as the Michigan Drain Code, the Oakland County Water Resources Commissioner
operates and maintains a number of open ditch or enclosed drains at various locations throughout
Oakland County; and
WHEREAS the Water Resources Commissioner incurs costs for such operation and maintenance that
are recoverable via assessments against the various benefiting properties and government entities
comprising the assessment rolls of the respective Drainage Districts; and
WHEREAS Chapter 18 of the said Drain Code permits the Water Resources Commissioner to levy
assessments against the Drainage District of drains established in accordance with said Chapter 4, for
operation, maintenance, clean out and repair purposes, provided such assessments not exceed $2,500
per mile of drain per year, or fraction thereof; and
WHEREAS for the year 2009, the Water Resources Commissioner proposes to assess the 25 Drainage
districts the total aggregate amount of $116,000.00 for the maintenance, operation, clean out and repair
of 25 drains, all in accordance with the said $2,500 per mile of drain per year limitation, as itemized on the
listing attached hereto.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
authorizes the Water Resources Commissioner to assess, levy and collect for the year 2009, for the
purpose of operating, maintaining, cleaning out and repairing 25 drains located in Oakland County, the
total aggregate amount of $116,000.00, being the sum total of assessments for the said year to be
assessed against all of the benefiting properties and government entities comprising the assessment rolls
of 25 Drainage Districts itemized on the listing attached hereto.
Commissioners Minutes Continued. September 24, 2009
683
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of 2009 Chapter 4 Drain Assessments for Maintenance and Operation on file in County Clerk’s
office.
FISCAL NOTE (MISC. #09223)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: WATER RESOURCES COMMISSIONER - 2009 CHAPTER 4 DRAIN MAINTENANCE
ASSESSMENT 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 resolution authorizes the Water Resources Commissioner to assess, levy, and
collect $116,000.00 for the year 2009 against all benefiting properties and government
entities comprising the assessment rolls, for the purpose of maintaining, cleaning, and
repairing 25 Chapter 4 drains located within Oakland County.
2. Oakland County’s share of the assessments for maintenance of Chapter 4 drains is
$5,062.96, which includes $5,004.25 for roads at large and $58.71 for properties.
3. Funding is available in the General Fund Non-Departmental account - Drain
Assessments. No budget amendments are recommended.
FINANCE COMMITTEE
The Chairperson stated the resolution be laid over for 30 days until the October 29, 2009, Board meeting.
There were no objections.
MISCELLANEOUS RESOLUTION #09224
BY: Planning and Building Committee, John A. Scott, Chairperson
IN RE: WATER RESOURCES COMMISSIONER - 2009 CHAPTER 18 DRAIN MAINTENANCE
ASSESSMENT RESOLUTION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in accordance with the provisions of Chapter 18 of Act No. 40 of the Public Acts of 1956, as
amended, also known as the Michigan Drain Code, the Oakland County Water Resources Commissioner
operates and maintains a number of open ditch and/or enclosed drains at various locations in Oakland
and West Bloomfield Townships; and
WHEREAS existing private drains established as County Drains in accordance with Chapter 18 of the
Michigan Drain Code shall be the same as if originally laid out and designated, located, established and
constructed by procedures set forth in other sections of the Michigan Drain Code; and
WHEREAS the Water Resources Commissioner incurs costs for the operation and maintenance of these
Drains that are recoverable via assessments against the various benefiting properties and government
entities comprising the assessment rolls of the respective Drainage Districts; and
WHEREAS Chapter 18 of the said Drain Code permits the Water Resources Commissioner to levy
assessments against Drainage District of Drains established in accordance with said Chapter 18, for
operation, maintenance, clean out and repair purposes, provided such assessments not exceed $2,500
per mile of drain per year, or fraction thereof; and
WHEREAS for the year 2009, the Water Resources Commissioner proposes to assess the 23 Drainage
Districts the total aggregate amount of $77,500.00 for the maintenance, operation, cleanout and repair of
23 drains, all in accordance with the said $2,500 per mile of drain per year limitation, as itemized on the
listing attached hereto.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
authorizes the Water Resources Commissioner to assess, levy and collect for the year 2009, for the
purpose of operating, maintaining, cleaning out and repairing 23 drains located in Oakland County, the
total aggregate amount of $77,500.00, being the sum total of assessments for the said year to be
Commissioners Minutes Continued. September 24, 2009
684
assessed against all of the benefiting properties and government entities comprising the assessment rolls
of 23 Drainage Districts itemized on the listing attached hereto.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of 2009 Chapter 18 Drain Assessments for Maintenance and Operation on file in County Clerk’s
office.
FISCAL NOTE (MISC. #09224)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: WATER RESOURCES COMMISSIONER - 2009 CHAPTER 18 DRAIN MAINTENANCE
ASSESSMENT 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 resolution authorizes the Water Resources Commissioner to assess, levy, and
collect $77,500.00 for the year 2009 against all benefiting properties and government
entities comprising the assessment rolls, for the purpose of operating, maintaining,
cleaning, and repairing 23 Chapter 18 drains located within Oakland County.
2. Oakland County’s share of the assessments for maintenance of Chapter 18 drains is
$12,315.08 for roads at large.
3. Funding is available in the General Fund Non-Departmental account - Drain
Assessments. No budget amendments are recommended.
FINANCE COMMITTEE
The Chairperson stated the resolution be laid over for 30 days until the October 29, 2009, Board meeting.
There were no objections.
MISCELLANEOUS RESOLUTION #09225
By: Planning and Building Committee, John Scott, Chairperson
IN RE: WATER RESOURCES COMMISSIONER - BLOOMFIELD HILLS WATER SUPPLY SYSTEM
TRANSFER AND ASSIGNMENT OF ALL COUNTY INTEREST IN EASEMENTS, RIGHTS-OF-WAY,
WATER MAINS, LATERALS AND RELATED EQUIPMENT, FACILITIES AND IMPROVEMENTS
LOCATED WITHIN THE CITY OF BLOOMFIELD HILLS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in 1964 and under provisions of Act 185 of the Public Acts of 1957, as amended, the County
established and holds legal title to the Bloomfield Hills Water Supply System which consists of
transmissions mains, distribution laterals and appurtenances necessary for the transportation and
distribution of potable water purchased by the County from the City of Detroit to serve the City of
Bloomfield Hills; and
WHEREAS pursuant to a contract dated October 1, 1968, and amended thereafter, between the County
and City of Bloomfield Hills, the County issued bonds, secured by the full faith and credit of the
municipality for the finance, design, acquisition and construction of the Bloomfield Hills Water Supply
System; and
WHEREAS on July 17, 1969, and pursuant to Miscellaneous Resolution No. 5143 the County approved a
contract dated July 2, 1969, and amended thereafter, between the County and the City of Detroit,
whereby the City of Detroit agreed to deliver, and the County agreed to purchase water to supply the
needs of the City of Bloomfield Hills; and
WHEREAS pursuant to Miscellaneous Resolution No. 93075 the Water Resources Commissioner was
authorized to administer, operate and maintain the Bloomfield Hills Water Supply System on behalf of the
City of Bloomfield Hills; and
WHEREAS the City of Bloomfield Hills has determined that it is in the best interests of their residents to
become a member of the Southeastern Oakland County Water Authority (SOCWA) and has entered into
Commissioners Minutes Continued. September 24, 2009
685
a water supply contract whereby SOCWA agrees to deliver, and City agrees to purchase water to supply
the needs of the City of Bloomfield Hills; and
WHEREAS the City of Bloomfield Hills has requested that the County divest itself and transfer all title and
interest in the Bloomfield Hills Water Supply System; and
WHEREAS there is no outstanding debt or other indebtedness with respect to the finance, design or
construction of the System; and
WHEREAS the County, through its Water Resources Commissioner, will continue to administer, operate
and maintain the system on behalf of the City of Bloomfield Hills, and the City agrees to pay the County
for all associated costs and expenses associated with the administration, operation and maintenance of
the Bloomfield Hills Water Supply System.
NOW THEREFORE BE IT RESOLVED that given the special and unique circumstances related to the
original acquisition and subsequent use of the property and in consideration of the health, safety and
welfare of the citizens of the City Bloomfield Hills the County hereby transfers and assigns all County
interest in easements, rights-of-way, water mains, laterals and related equipment, facilities and
improvements relating to the Bloomfield Hills Water Supply System to the City of Bloomfield Hills.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or designee to execute a Quit Claim Deed in substantially the form attached hereto as
Attachment A in favor of the City of Bloomfield Hills and any other necessary property transfer
documents.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Quit Claim Conveyance of Easements, Right-of-Way & Water System Facilities & Improvements
and City of Bloomfield Hills Easement Transfer on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #09226
BY: Planning and Building Committee, John A. Scott, Chairperson
IN RE: FACILITIES MANAGEMENT – LADY JUSTICE STATUE LICENSE AGREEMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County contracted with an outside vendor to reconstruct a new Lady Justice statue
after the statue suffered damage from a storm in 2008; and
WHEREAS on September 1, 2009 the Lady Justice statue was dedicated by the County and placed on a
new pedestal at the south Courthouse entrance plaza; and
WHEREAS the reconstruction work was performed by the Fine Arts Sculpture Center of Clarkston,
Michigan; and
WHEREAS there has been interest generated in the community including a request to duplicate the Lady
Justice statue; and
WHEREAS at Facilities Management’s request, Corporation Counsel drafted a license agreement
(attached) between the Fine Arts Sculpture Center and the County of Oakland; and
WHEREAS the license agreement grants a license to the Fine Arts Sculpture Center to use the Lady
Justice molds to create additional Lady Justice replicas for sale to other buyers; and
WHEREAS the license agreement calls for a royalty fee of $1,000 be paid to the County for each replica.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the license
agreement as drafted by Corporation Counsel between the Fine Arts Sculpture Center and the County of
Oakland.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Lady Justice Statue License Agreement on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
Commissioners Minutes Continued. September 24, 2009
686
MISCELLANEOUS RESOLUTION #09227
BY: Planning and Building Committee, John A. Scott, Chairperson
IN RE: FACILITIES MANAGEMENT/FACILITIES ENGINEERING - RESOLUTION AUTHORIZING THE
TRANSFER OF THE REMAINING FUND BALANCE FROM THE OFFICE BUILDING RENOVATION
PROJECT FUND TO THE NORTH OAKLAND HEALTH CENTER (NOHC) RENOVATION AND
CHILDREN’S VILLAGE BUILDING A SECURITY ENHANCEMENT PROJECT FUND
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland, Michigan (the "County"), and the Oakland County Building Authority
(the “Authority”) have entered into a Lease Contract dated as of November 1, 2002 (the "Lease
Contract"), pursuant to which the Authority issued the $20,240,000 Oakland County Building Authority,
Building Authority Bonds, Series 2004A (the “Bonds”) to renovate and equip a 5 story high, 105,358
square foot Building 41 West for use as County Administrative offices (the “Original Project”) as described
in the Lease Contract pursuant to the terms of Act No. 31, Public Acts of Michigan, 1948 (First Extra
Session), as amended ("Act 31"); and
WHEREAS an excess of at least $478,608.86 remains after completion of the Original Project; and
WHEREAS the County proposes to undertake an additional project to construct renovations to the North
Oakland Health Center (NOHC); relocating the Clinic from Old North Health to the NOHC; and Children’s
Village Building A, Security Enhancements Project with funds remaining in part from the proceeds of the
Bonds (the “NOHC Project”); and
WHEREAS it is necessary to amend the Lease Contract to provide for the NOHC Project.
NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland,
Michigan, as follows:
1. The preliminary plans and estimates relating to the NOHC Project and identified in EXHIBIT 1 to
APPENDIX I hereto are hereby approved.
2. The Amendment to Lease Contract in the form of APPENDIX I hereto is hereby approved, and
the Chair 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.
3. All activities involved in the planning and construction of the NOHC Project under this resolution
shall comply with the standing rules of the Board of Commissioners.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Appendix I – Amendment to Lease Contract on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #09228
BY: Planning & Building Committee, John Scott, Chairperson
IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES’ DIVISION - MEMORANDUM OF
UNDERSTANDING (MOU) BETWEEN OAKLAND COUNTY PLANNING AND ECONOMIC
DEVELOPMENT SERVICES AND THE MICHIGAN SMALL BUSINESS & TECHNOLOGY
DEVELOPMENT CENTER (MI-SBTDC) TO COOPERATE IN SUPPORT OF TRAINING AND
COUNSELING SERVICES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Business Center is a department of the Oakland County Planning &
Economic Development Services Division and provides training, counseling and referral services to
Oakland County small businesses; and
WHEREAS the Michigan Small Business & Technology Development Center (MI-SBTDC) is a partner
program of the U.S. Small Business Administration (SBA), providing technical assistance, market
research and one-on-one counseling to small companies; and
Commissioners Minutes Continued. September 24, 2009
687
WHEREAS the MI-SBTDC Region 9 office located at Eastern Michigan University provides training,
counseling and research services to Wayne, Oakland and Monroe County small businesses in support of
the SBA’s initiative; and
WHEREAS the MI-SBTDC Region 9 office has a strong presence in Wayne and Monroe Counties due to
strong ongoing local collaborations with Schoolcraft College, TechTown and the Monroe County Industrial
Development Corp but no longer has a formal collaboration in Oakland County since the expiration of its
MOU with Walsh College (in June 2006); and
WHEREAS the Oakland County Business Center has had an ongoing informal relationship with the MI-
SBTDC in which the MI-SBTDC has provided trainers to conduct small business workshops and business
consultants to counsel Oakland County small businesses at the Executive Office Building; and
WHEREAS heightened awareness of Oakland County Business Center services continues to place
heavy demands on its limited staff (2.5 F-T equivalents) whose expansion is restricted by the current
Oakland County hiring freeze; and
WHEREAS a Memorandum of Understanding (MOU) has been drafted (as attached) by the Michigan
Small Business & Technology Development Center (MI-SBTDC) to reflect this collaborative opportunity;
and
WHEREAS the Oakland County Business Center will provide a workspace for the part-time MI-SBTDC
consultant and private counseling space for the confidential counseling sessions that are scheduled to be
held at the Oakland County Business Center location; and
WHEREAS the MI-SBTDC will provide a mutually acceptable dedicated part-time business consultant for
at least 16 hours per week; and
WHEREAS the Oakland County Business Center will schedule appointments with qualified clients for
normal MI-SBTDC consulting services; and
WHEREAS the MI-SBTDC will provide mutually acceptable training professionals for all Oakland County
Business Center training programs that are assigned to the MI-SBTDC Regional Office; and
WHEREAS the MI-SBTDC invites the Oakland County Business Center staff to participate in all
appropriate MI-SBTDC program development and professional development activities at no cost or at in-
network reduced cost; and
WHEREAS there will be no exchange of funds between the Oakland County Business Center and the MI-
SBTDC; and
WHEREAS the MOU has been reviewed and approved by Corporation Counsel; and
WHEREAS this MOU will constitute a partnership that eliminates duplication of effort between the
Oakland County Business Center and the MI-SBTDC, providing services to Oakland County valued at
$75,000.
NOW THEREFORE BE IT RESOLVED that the Board Chairperson is authorized to execute the MOU
with the MI-SBTDC on behalf of Oakland County, and hereby accepts and binds Oakland County to the
roles and responsibilities of this MOU.
PLANNING AND BUILDING COMMITTEE
Copy of memo regarding Memorandum of Understanding & SBTDC and EDC Services: Comparison &
Differentiation on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
REPORT (MISC. #09203)
BY: Planning and Building Committee, John Scott, Chairperson
IN RE: BOARD OF COMMISSIONERS – OAKLAND COUNTY FARMERS MARKET PARTICIPATION
IN SUPPLEMENTAL NUTRITIONAL ASSISTANCE PROGRAM (SNAP)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the above-titled resolution on September 15,
2009, reports with a recommendation that the resolution be adopted.
Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing
report.
PLANNING AND BUILDING COMMITTEE
Commissioners Minutes Continued. September 24, 2009
688
MISCELLANEOUS RESOLUTION #09203
BY: David Woodward and Marcia Gershenson
IN RE: BOARD OF COMMISSIONERS – OAKLAND COUNTY FARMERS MARKET PARTICIPATION
IN SUPPLEMENTAL NUTRITIONAL ASSISTANCE PROGRAM (SNAP)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS a recent study showed that a 20% shift in our food spending to locally grown food in the
Southeast Michigan five county area (Oakland, Macomb, Wayne, Washtenaw, and Monroe) would create
the following:
$3.5 billon in increased economic output
$900 million in increased earnings
$155 million in increased tax revenue
Create nearly 36,000 jobs; and
WHEREAS as of October 1, 2008, Supplemental Nutritional Assistance Program (SNAP) is the new
name for the federal Food Stamp Program; and
WHEREAS according to the USDA, as of the end of FY 2008, 753 Farmers’ Markets were authorized to
accept SNAP benefits nationwide, a 34 percent increase from FY 2007; and
WHEREAS as a result of this growth, the amount of funds going to small farmers has increased from $1
million in 2007 to $2.7 million in 2008; and
WHEREAS in May 2009 Oakland County had nearly 90,000 recipients receive Food Assistance
according the Michigan Department of Human Services; and
WHEREAS Oakland County is home to 500+ farms; and
WHEREAS the Oakland County Farmers Market offers fresh farm, garden, and greenhouse produce to
the general public at its facility in Waterford; and
WHEREAS the Oakland County Farmers Market can be authorized to accept SNAP benefits; and
WHEREAS food stamp benefits are distributed using a debit-like Electronic Benefit Transfer (EBT) card;
and
WHEREAS upon approval by the Michigan Department of Human Services and the United States
Department of Agriculture for the Oakland County Farmers Market qualifying to accept food stamp
customers’ EBT cards, the State of Michigan will supply the market with a Point of Service Device at no
change.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports
increasing access to fresh local foods to low income families while helping increase the monies that go to
local farmers.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners requests that the
administration develop the plan and procedures necessary for the Oakland County Farmers Market to
accept food stamp customers’ EBT cards.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby authorizes the
county administration to apply for the Oakland County Farmers Market to become an authorized vendor
to accept food stamp customers’ EBT cards. This will allow all of the food vendors in the market to share
a single Point of Service Device.
Chairperson, we move the adoption of the foregoing resolution.
DAVID WOODWARD, TIM GREIMEL, ERIC
COLEMAN, MATTIE HATCHETT, JANET
JACKSON, MARCIA GERSHENSON, HELAINE
ZACK, JIM NASH, DAVID COULTER, GARY
McGILLIVRAY, TIM BURNS
Moved by Woodward supported by Gingell the resolution be adopted.
Moved by Woodward supported by Gingell the Planning and Building Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Commissioners Minutes Continued. September 24, 2009
689
Moved by Capello supported by Woodward the resolution be amended as follows:
BE IT FURTHER RESOLVED that the Administration is requested to prepare and present to
the Board of Commissioners a business plan identifying the costs and benefits of
establishing a food stamp acceptance program for the Oakland County Farmers market.
BE IT FURTHER RESOLVED that the business plan include the identification of the
personnel, equipment and procedures necessary for the Oakland County Farmers Market
to accept food stamp customers’ EBT cards.
Vote on amendment:
AYES: Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray,
Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard,
Burns, Capello, Coleman, Coulter, Douglas. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the amendment carried.
Discussion followed.
Vote on resolution, as amended:
AYES: Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton,
Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello,
Coleman, Coulter, Douglas, Gershenson. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution, as amended, was adopted.
REPORT (MISC. #09229)
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
IN RE: CIRCUIT COURT/FAMILY/FRIEND OF THE COURT – FY 2010 THROUGH FY 2012
COOPERATIVE REIMBURSEMENT PROGRAM (CRP) CONTRACT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Human Resources Committee having reviewed the above referenced resolution on September 16,
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 #09229
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: CIRCUIT COURT/FAMILY/FRIEND OF THE COURT – FY 2010 THROUGH FY 2012
COOPERATIVE REIMBURSEMENT PROGRAM (CRP) CONTRACT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS The Michigan Department of Human Services, Office of Child Support has approved the
Oakland County Friend of the Court’s Fiscal Year 2010 Title IV-D Cooperative Reimbursement Program
(CRP) Contract; and
WHEREAS this agreement is for three years beginning October 1, 2009 through September 30, 2012.
The agreement shall be amended each fiscal year beginning October 1, 2010 through September 30,
2012 to authorize funding for subsequent fiscal years covered by the agreement; and
WHEREAS the Cooperative Reimbursement Program partially reimburses all Friend of the Court
positions; and
WHEREAS the Friend of the Court in FY 2009 began charging a portion of the FOC Family Counselors’
personnel costs to the Cooperative Reimbursement Program; and
WHEREAS during the FY 2009 Budget Process one (1) SR Friend of Court Referee position 3010404-
00758, one (1) SR Friend of the Court Case Assistant position 3010404-02547, one (1) SR Domestic
Commissioners Minutes Continued. September 24, 2009
690
Support Specialist position 3010404-01503 and one (1) SR Friend of the Court Family Counselor position
3010404-03320 were approved for deletion, effective October 1, 2009; and
WHEREAS the FY 2010 County Executive Recommended FOC Budget includes the deletion of one (1)
SR Office Assistant II position 3010404-06434 effective October 1, 2009; and
WHEREAS per MR 08179 three (3) PTNE College Interns were transferred into the Friend of the Court
fund. The position numbers are 3010404-10691, 3010404-10692 and 3010404-10718; and
WHEREAS this agreement requires a grant cash match. The match is budgeted in the General Fund
Non-departmental budget; and
WHEREAS acceptance of this contract does not obligate the County to any future commitment beyond
FY 2012; and
WHEREAS the contract has been approved by the County Executive’s Review Process and The Board of
Commissioner’s Grant Acceptance Procedures; and
WHEREAS the Michigan Department of Human Services, Office of Child Support has awarded Oakland
County’s Friend of the Court grant funding of $13,411,769 of which $8,851,768 will be reimbursed from
the State of Michigan and the remaining $4,560,001 is designated in non-departmental grant match for
the period of October 1, 2009 through September 30, 2010.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the
Michigan Department of Human Service’s Cooperative Reimbursement Program Agreement effective
October 1, 2009 through September 30, 2012.
BE IT FURTHER RESOLVED that the agreement shall be amended each fiscal year beginning October
1, 2010 and through September 30, 2012, to authorize funding for subsequent fiscal years covered by the
Department of Human Service’s Cooperative Reimbursement Program Agreement.
BE IT FURTHER RESOLVED that future levels of service, including personnel, are contingent upon the
level of funding from the State for this program.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to
execute this reimbursement agreement and to approve amendments and extensions up to fifteen (15%)
percent variance from the award, consistent with the agreement as approved.
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, Friend of the Court – Actual Cost Cover Sheet,
Agreement between Michigan Department of Human Services and the County of Oakland, Attachment E
– Michigan Department of Human Services Fiscal Year 2009 Title IV-D Cooperative Reimbursement
Program Application and Worksheets, Contract Signature Process and e-mail regarding the American
Recovery and Reinvestment Act of 2009 on file in County Clerk’s office.
FISCAL NOTE (MISC. #09229)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: CIRCUIT COURT/FAMILY/FRIEND OF THE COURT – FY 2010 THROUGH FY 2012
COOPERATIVE REIMBURSEMENT PROGRAM (CRP) CONTRACT 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 Human Services, Office of Child Support has awarded the FY 2010
Title IV Cooperative Reimbursement Program (CRP) Contract to the Oakland County Friend of
the Court (FOC). The agreement is for three years beginning October 1, 2009 through September
30, 2012. The agreement shall be amended each fiscal year beginning October 1, 2010 through
September 30, 2012 to authorize funding for subsequent fiscal years covered by the agreement.
2. The grant award provides Title IV-D funding to continue the FOC/CRP Program in the amount of
$13,551,639 of which $139,870 will be funded by fees collected and the remaining $13,411,769
will be funded by the State in the amount of $8,851,768 (66%) and Oakland County grant match
of $4,560,001 (34%).
3. Prior to The American Recovery and Reinvestment Act of 2009 (ARRA), federal law did not
permit us to use federal incentives to draw down additional federal funding through the CRP
program. The State of Michigan in response to the federal law supplemented the FOC for the loss
Commissioners Minutes Continued. September 24, 2009
691
in funding. On February 17, the ARRA of 2009 was enacted permitting the FOC to include these
expenditures within the CRP making them eligible for reimbursement through the CRP. The State
of Michigan’s response to the ARRA of 2009 was to discontinue the county’s supplement. This is
offset by the revenue received from the CRP. The ARRA of 2009 will expire on September 30,
2010.
4. The FOC began charging a portion of the FOC Family Counselors’ personnel costs to the CRP in
the second quarter of FY 2009 generating estimated savings of $350,000 yearly.
5. The FOC deleted the following positions during the FY 2009 budget process effective FY 2010
resulting in total GF/GP savings of $217,794; one (1) SR FOC Court Referee position 3010404-
00758 at $52,160, one (1) SR FOC Case Assistant position 3010404-02547 at $26,445, one (1)
SR Domestic Support Specialist at $28,400 and one (1) SR FOC Family Counselor position
3010404-03320 at $110,789.
6. The FY 2010 Finance Committee Recommended budget purposes to delete one (1) SR Office
Assistant II position 3010404-06434 creating GF/GP savings of $19,392.
7. MR #08179 created three (3) PTNE College Interns to the FOC budget that were formally
Oakland University positions. In the past the County reimbursed Oakland University for the
personnel costs associated with the interns. The college interns are now eligible for
reimbursement. Total GF/GP estimated cost savings is $17,088.
8. Due to State of Michigan deadlines, the FOC prepared the CRP application to the State of
Michigan before the County Executive Recommendation (CER) was completed. The CRP
application did not include the 2.5% salary decrease that was purposed in the FY 2010 County
Executive Recommendation. The CRP formula was than used to recalculate the CRP
reimbursement to include the 2.5% decrease, and these figures were used in the FY 2010 CER.
This results in the CRP contract being overstated by a total of $525,675. The CRP
reimbursement from the State of Michigan was reduced from $8,851,768 to $8,525,970 or
($325,798) and the County Contribution was reduced from $4,560,001 to $4,360,124 or
($199,877). The total Grant Match requested from the FY 2010 CER is $4,360,124.
9. The total FY 2010 Finance Committee FOC fund (27100) expenditure budget is $15,513,594.
This will be funded by the following sources: CRP Grant State funds of $8,525,970, Oakland
County General Fund Grant Match of $4,360,124, Federal Incentive Funds of $1,554,300 and
Charges for Services of $1,073,200.
10. The following FY 2010, FY 2011 and FY 2012 budget amendment is recommended to
appropriate the grant match funds from the Non-departmental Grant Match line item to the Circuit
Court’s Transfer Out line item:
GENERAL FUND 10100 FY2010 FY2011 FY2012
Expenditures
9090101-196030-730800
Non-Dept.–Grant Match ($4,360,124) ($4,360,124) ($4,360,124)
3010401-121100-788001-27100
Cir. Ct. – Oper. Trans Out
$4,360,124 $4,360,124 $4,360,124
-0- -0- -0-
FINANCE COMMITTEE
Moved by Potter supported by Gingell the resolution (with fiscal note attached) be adopted.
Discussion Followed.
Kevin Oeffner, Circuit Court Administrator, addressed the Board and answered questions.
Moved by Potter supported by Gingell the Human Resources Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Commissioners Minutes Continued. September 24, 2009
692
Vote on resolution:
AYES: Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash,
Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello,
Coleman, Coulter, Douglas, Gershenson, Gingell. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted.
REPORT (MISC. #09194)
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
IN RE: SHERIFF’S OFFICE – CONTINUATION OF POSITION IN THE SHERIFF’S
OFFICE/CORRECTIVE SERVICES – DETENTION/INMATE PROGRAM SERVICES FOR EXPANSION
OF THE ELECTRONIC PROGRAM WHICH INCLUDES THE DRIVING WHILE LICENSE SUSPENDED
POPULATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Human Resources Committee having reviewed MR #09194 on September 16, 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 #09194
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF’S OFFICE - CONTINUATION OF POSITION IN THE SHERIFF'S
OFFICE/CORRECTIVE SERVICES - DETENTION/INMATE PROGRAM SERVICES FOR EXPANSION
OF THE ELECTRONIC PROGRAM WHICH INCLUDES THE DRIVING WHILE LICENSE SUSPENDED
POPULATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Criminal Justice Coordinating Council (CJCC) was created to address chronic county-
wide jail overcrowding issues and has devised and implemented several programs to manage increasing
jail population; and
WHEREAS the electronic tether for low risk offenders who have completed at least 50% of their
sentences was adopted as a cost-effective alternative to incarceration per M.R. #07226; and
WHEREAS M.R. #08181 authorized the expansion of the tether program to include district courts and
misdemeanants and established a pilot project to address the “driving while license suspended” (DWLS)
and “No ops” (operating a vehicle without a license in one’s possession) offenders; and
WHEREAS to handle the management and tracking of offenders in the Electronic Monitoring Program a
part-time non-eligible (PTNE) Inmate Substance Abuse Technician, position #10726, was created in the
Sheriff's Office/Corrective Services-Detention/Inmate Program Services through September 30, 2009;
and
WHEREAS the expansion of the Electronic Monitoring Program was initially funded through the Jail
Population Management Fund for the Fiscal Year 2008-2009; and
WHEREAS the expansion of the Electronic Monitoring Program has proven to be beneficial to reduce jail
overcrowding and related costs; and
WHEREAS the Sheriff’s Office is requesting the continuation of the associated position with the
expansion of the Electronic Monitoring Program; and
WHEREAS Management & Budget/Fiscal Services has reviewed the Electronic Monitoring Program
budget during the Fiscal Year 2010 Budget process and recommends, with the support of Human
Resources, General Fund/General Purpose funding for the continuation of this program and position
#4030320-10726 through September 30, 2012.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioner continues
supporting the ongoing effort to reduce jail overcrowding though the continuation of the tether program for
low risk offenders including those driving while license suspended (DWLS) or No Ops charges.
Commissioners Minutes Continued. September 24, 2009
693
BE IT FURTHER RESOLVED that the expanded Electronic Monitoring Program and one (1) part-time
non-eligible (PTNE) Inmate Substance Abuse Technician, position #4030320-10726, in the Sheriff's
Office/Corrective Services-Detention/Inmate Program Services be continued through September 30, 2012
and reviewed for continuation thereafter.
Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
FISCAL NOTE (MISC. #09194)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF’S OFFICE – CONTINUATION OF POSITION IN THE SHERIFF’S
OFFICE/CORRECTIVE SERVICES – DETENTION/INMATE PROGRAM SERVICES FOR EXPANSION
OF THE ELECTRONIC PROGRAM WHICH INCLUDES THE DRIVING WHILE LICENSE SUSPENDED
POPULATION
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. Resolution continues support of the expanded Electronic Monitoring (Tethering) Program,
and one (1) part-time non-eligible (PTNE) Inmate Substance Abuse Technician, position
#4030320-10726 in the Sheriff’s Office/Corrective Services-Detention/Inmate Program
Services.
2. Funding for this position is continued through September 30, 2012, and is included in the
FY 2010, FY 2010, and FY 2012 Finance Committee Recommended Budget.
3. No budget amendment is necessary at this time.
FINANCE COMMITTEE
Moved by Potter supported by Long to reconsider and vote on MISCELLANEOUS RESOLUTION #09194
– SHERIFF’S OFFICE – CONTINUATION OF POSITION IN THE SHERIFF’S OFFICE/CORRECTIVE
SERVICES – DETENTION/INMATE PROGRAM SERVICES FOR EXPANSION OF THE ELECTRONIC
PROGRAM WHICH INCLUDES THE DRIVING WHILE LICENSE SUSPENDED POPULATION.
Vote on motion to reconsider:
AYES: Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts,
Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello, Coleman, Coulter,
Douglas, Gershenson, Gingell, Gosselin. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the motion to reconsider and vote on MISCELLANEOUS
RESOLUTION #09194 – SHERIFF’S OFFICE – CONTINUATION OF POSITION IN THE SHERIFF’S
OFFICE/CORRECTIVE SERVICES – DETENTION/INMATE PROGRAM SERVICES FOR EXPANSION
OF THE ELECTRONIC PROGRAM WHICH INCLUDES THE DRIVING WHILE LICENSE SUSPENDED
POPULATION carried.
Moved by Potter supported by Long the resolution (with fiscal note attached) be adopted.
Moved by Potter supported by Long the Human Resources Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Vote on resolution:
AYES: Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts,
Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello, Coleman, Coulter,
Douglas, Gershenson, Gingell, Gosselin, Greimel. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted.
Commissioners Minutes Continued. September 24, 2009
694
MISCELLANEOUS RESOLUTION #09230
BY: David Coulter, Brad Jacobsen, Gary McGillivray, and Jeff Potter
IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR LOCAL POLICE DEPARTMENTS,
SHERIFF’S OFFICE AND OTHERS BEING CHARGED FOR LEIN FEES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan State Police under the direction of the State of Michigan has recently mailed out
invoices to all local law enforcement agencies charging an “access, use and dissemination of Criminal
Justice Information System (CJIS) information” for the Law Enforcement Information Network (LEIN); and
WHEREAS this action was taken after the CJIS Policy Council was recently eliminated by Executive
Order thus eliminating any local input; and
WHEREAS it is anticipated that such fees are another avenue for the State of Michigan to assess local
units of government a tax for a service that is already funded by local tax dollars; and
WHEREAS Oakland County, which is considered to be the economic engine for the State of Michigan,
has always supported the Criminal Justice System; and
WHEREAS there are 61 independent municipalities in Oakland County, with 43 separate police agencies
which are affected by this issue; and
WHEREAS many of these governmental entities, as well as Oakland County, are facing and will face
substantial financial challenges due to reductions in property tax and other revenues, as well as rapidly
escalating costs; and
WHEREAS the action taken by the Michigan State Police will be detrimental to the local economy of the
region as well as the safety of its residents; and
WHEREAS it is incumbent upon community leaders to be proactive in addressing public safety, but be
willing to work in a collaborative manner to produce a plan with the State of Michigan to resolve this issue;
and
WHEREAS the Oakland County Association of Chiefs of Police and the Sheriff have united and have
agreed there is a need to identify current and future needs and assessments by the Michigan State Police
for CJIS/LEIN and all should be a party to those discussions.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby urges,
the State of Michigan and the Michigan State Police to reconsider their policy on billing local agencies for
the “access, use and dissemination of CJIS information”.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners urges the Governor and
the Michigan Legislature to examine this issue and ensure that both expenditures and revenues be
considered before local agencies are charged for this service.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to Governor Jennifer M. Granholm; former members of the recently eliminated CJIS
Policy Counsel; and Oakland County’s delegation to the Michigan legislature.
Chairperson, we move the adoption of the foregoing resolution.
DAVID COULTER, BRAD JACOBSEN, GARY
McGILLIVRAY, JEFF POTTER, JIM NASH,
ERIC COLEMAN, JANET JACKSON, MATTIE
HATCHETT, MARCIA GERSHENSON,
HELAINE ZACK, TIM GREIMEL, DAVID
WOODWARD, TIM BURNS, THOMAS
MIDDLETON, SHELLEY TAUB, DAVID POTTS
Moved by Coulter supported by Coleman to suspend the rules and vote on MISCELLANEOUS
RESOLUTION #09230 – BOARD OF COMMISSIONERS – SUPPORT FOR LOCAL POLICE
DEPARTMENTS, SHERIFF’S OFFICE AND OTHERS BEING CHARGED FOR LEIN FEES.
Discussion followed.
Commissioners Minutes Continued. September 24, 2009
695
Vote on motion to suspend the rules:
AYES: Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad,
Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello, Coleman, Coulter, Douglas,
Gershenson, Gingell, Gosselin, Greimel, Hatchett. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the motion to suspend the rules and vote on
MISCELLANEOUS RESOLUTION #09230 – BOARD OF COMMISSIONERS – SUPPORT FOR LOCAL
POLICE DEPARTMENTS, SHERIFF’S OFFICE AND OTHERS BEING CHARGED FOR LEIN FEES
carried.
Moved by Coulter supported by Potter the resolution be adopted.
Discussion followed.
Vote on resolution:
AYES: Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott,
Taub, Woodward, Zack, Bullard, Burns, Capello, Coleman, Coulter, Douglas, Gershenson,
Gingell, Gosselin, Greimel, Hatchett, Jackson. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #09231
BY: Commissioners Shelley G. 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
Commissioners Minutes Continued. September 24, 2009
696
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.
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, DAVE
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 Chairperson referred the resolution to the General Government Committee. There were no
objections.
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.
Commissioners Minutes Continued. September 24, 2009
697
Chairperson, we move 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, SUE ANN
DOUGLAS, BILL BULLARD
The Chairperson referred the resolution to the General Government Committee. There were no
objections.
MISCELLANEOUS RESOLUTION #09233
BY: Steven H. Schwartz, District #14 and David W. Potts, District #20
IN RE: BOARD OF COMMISSIONERS – ESTABLISHING SUBURBAN PUBLIC TRANSPORTATION
AUTHORITY AND AUTHORIZING COUNTYWIDE MILLAGE TO BE PLACED ON 2010 ELECTION
BALLOT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS on March 30, 1995, the Oakland County Board of Commissioners adopted Miscellaneous
Resolution #95083, Act 196 Public Transportation Authority - Articles of Incorporation, establishing the
Oakland County Public Transportation Authority (OCPTA); and
WHEREAS in accordance with the Articles of Incorporation, as adopted and amended, Article VI, a public
transportation authority may not place a millage question before Oakland County communities without the
prior authorization of the Oakland County Board of Commissioners; and
WHEREAS the granting of authorization by the Oakland County Board of Commissioners supports the
right of voters to choose whether or not they wish to support public transit; and
WHEREAS the millage approved by voters expires with the 2009 tax year; and
WHEREAS a tax rate of .50 mills would serviceably fund the needs of the public transit dependent, the
senior, student and the disabled communities, as well as choice riders; and
WHEREAS 70% of current SMART riders use public transit to get to work and 20% of those riders use
public transit to get to school; and
WHEREAS County-wide funding would maintain the existing level of public transit service, as well as
expand service to areas not previously serviced, extend two fixed routes, provide for 32 new Connector
paratransit runs and provide approximately $1 million in Community Partnership enhancements to
support paratransit.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, in accordance
with the Public Transportation Act, M.C.L. 124.451 et seq., 124.454, (1) establishes the Suburban Public
Transportation Authority and (2) adopts the Articles of Incorporation of OCPTA as the Articles of
Incorporation for the Suburban Public Transportation Authority, with the following amendments:
Article I shall state: The name of the corporation and authority is the Suburban Public
Transportation Authority.
Article II shall read: The incorporating unit of the Authority is the County of Oakland, State of
Michigan, a municipal corporation of the State of Michigan. The County of Oakland shall be
considered a “Member” and shall be the only Member.
Article IV shall read: All of Oakland County shall comprise the Metropolitan Area of the Authority.
Article V shall be deleted in its entirety.
Article VII shall be amended to add the following as Section 1(e): The members of the Oakland
County Public Transportation Authority shall be appointed to the Suburban Public Transportation
Authority for a one year term, effective upon the establishment of the Authority by the Oakland
County Board of Commissioners.
Article X shall be amended to correct the date.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby authorizes the
Suburban Public Transportation Authority to utilize Section 18 of Act 196, MCL 124.468 (Property
Taxation), for the purpose of placing before all of the voters in Oakland County the proposition of
establishing a .50 millage rate for the years 2010, 2011 and 2012, to support public transportation
throughout Oakland County.
Commissioners Minutes Continued. September 24, 2009
698
BE IT FURTHER RESOLVED that the Board of Commissioners recommends the proposition be placed
on the August 3, 2010 election ballot.
BE IT FURTHER RESOLVED that the County Clerk is directed to do all things and provide all supplies
necessary for the placing of this question on the ballot as required by law.
Chairperson, we move the adoption of the foregoing resolution.
STEVEN SCHWARTZ, DAVID COULTER,
MARCIA GERSHENSON, JIM NASH, HELAINE
ZACK, GARY McGILLIVRAY, ERIC COLEMAN,
JANET JACKSON, MATTIE HATCHETT, TIM
BURNS, DAVE WOODWARD
The Chairperson referred the resolution to the General Government Committee. There were no
objections.
MISCELLANEOUS RESOLUTION #09234
BY: Commissioners Steven H. Schwartz, District #14 and David W. Potts, District #20
IN RE: BOARD OF COMMISSIONERS – TRANSPORTATION MILLAGE REFERENDUM 2010
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Revenue Bond Act of 1933, M.C.L. 141.101 et seq., authorizes the County Board of
Commissioners to levy a revenue bond to finance a public transportation system; and
WHEREAS the Oakland County Board of Commissioners supports the right of voters to choose whether
or not they wish to support public transit; and
WHEREAS the millage designated for public transit previously approved by voters in various communities
within Oakland County expires with the 2009 tax year; and
WHEREAS a tax rate of .50 mills would serviceably fund the needs of the public transit dependent, the
senior, student and the disabled communities, as well as choice riders; and
WHEREAS 70% of current SMART riders use public transit to get to work and 20% of those riders use
public transit to get to school; and
WHEREAS county-wide funding would maintain the existing level of public transit service, as well as
expand service to areas not previously serviced, extend two fixed routes, provide for 32 new Connector
paratransit runs and provide approximately $1 million in Community Partnership enhancements to
support paratransit.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
authorizes, for the purpose of placing before all of the voters in Oakland County, a referendum of
establishing a .50 millage rate for the years 2010, 2011 and 2012, to support and improve public
transportation throughout Oakland County through the issuance of revenue bonds.
BE IT FURTHER RESOLVED that the Board of Commissioners directs that the referendum shall be
placed on the August 3, 2010 election ballot.
BE IT FURTHER RESOLVED that the County Clerk is directed to do all things and provide all supplies
necessary for the placing of this question on the ballot as required by law.
BE IT FURTHER RESOLVED that Corporation Counsel is directed to prepare an enabling ordinance, in
accordance with the Revenue Bond Act, which shall be contingent upon the adoption of the referendum
described above.
Chairperson, we move the adoption of the foregoing resolution.
STEVEN SCHWARTZ, DAVID POTTS, DAVID
COULTER, MARCIA GERSHENSON, JIM
NASH, HELAINE ZACK, GARY McGILLIVRAY,
ERIC COLEMAN, JANET JACKSON, DAVE
WOODWARD, TIM BURNS, MATTIE
HATCHETT
The Chairperson referred the resolution to the General Government Committee. There were no
objections.
Commissioners Minutes Continued. September 24, 2009
699
Chairperson Bill Bullard, Jr. made the following statement: “A Public Hearing is now called on the Fiscal
Year 2010 General Appropriations Act. Is there anyone present who wishes to speak?” No one
requested to speak and the Chairperson declared the Public Hearing closed.
REPORT (MISC. #09235)
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
IN RE: RECOMMENDED FISCAL YEAR 2010 SALARY RECOMMENDATIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Human Resources Committee recommends the following actions:
1. Decrease the current salary ranges for salary grades 1 - 21 by 2.5% effective September 26,
2009. This date is the beginning of the first pay period for fiscal year 2010.
2. Decrease all remaining classifications not represented by bargaining units by 2.5% effective
September 26, 2009, including County Executive, appointed officials, classes designated as
exceptions to salary grades 1 - 21, summer, student and seasonal classes, and part-time/hourly
classes but excluding:
a. Circuit, Probate and District Court Judges which are currently at the maximum rate allowed;
and
b. Appointed Board and Commission members; and
c. Commissioners addressed by Miscellaneous Resolution #08206; and
Note: The Commissioners are exempted because 1966 PA 261, as amended by 2005 PA
20, MCL 46. 415 provides that changes in Commissioners compensation shall become
effective only at the time members of the county board of commissioners commence their
terms of office after a general election. However, given the economic conditions facing the
State and County and given the reductions proposed herein, in order to maintain and stabilize
service levels for Oakland County taxpayers it is recommended that the Commissioners
voluntarily donate an amount equivalent to 2.5% of their salary, adjusted for taxes, to the
County.
d. The County Clerk/Register of Deeds, the Water Resources Commissioner, the Sheriff, the
County Treasurer, the Prosecuting Attorney and the Assistant Prosecutors.
Note: The county-wide elected officials are exempted because 1879 PA 154, MCL 45.421
provides that the annual salary of each salaried county officer shall be fixed by the Board
before November 1 each year and shall not be diminished during the term for which the
officer has been elected or appointed. Similarly, 1925 PA 329, MCL 49.34 provides that the
salaries of assistant prosecuting attorneys shall be fixed by the Board and shall not be
diminished during the term for which they were appointed. However, given the economic
situation facing the State and County and the reductions proposed herein, in order to
maintain and stabilize service levels for Oakland County taxpayers it is recommended that
the Elected Officials and Assistant Prosecuting Attorneys voluntarily donate an amount
equivalent to 2.5% of their salary, adjusted for taxes, back to the County.
3. Change the fiscal year 2009 salary range of the Lifeguard classification from a three year
maximum range to a two year maximum range as shown below:
FROM
Base 1 Year 2 Year 3 Year
9.8628 10.5953 11.3910 12.2608
TO
9.8628 10.5953 11.3910
4. Create a new classification of Grants Writer at salary grade 11.
5. Re-title the Chief Deputy Prosecutor classification and position (4010101-03115) to Chief
Assistant Prosecutor with no change in salary.
6. Delete the Commissary Supervisor classification from the County’s Salary Schedule.
Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing
report.
HUMAN RESOURCES COMMITTEE
Commissioners Minutes Continued. September 24, 2009
700
COUNTY OF OAKLAND FISCAL YEAR 2010 BUDGET GENERAL APPROPRIATIONS ACT
MISCELLANEOUS RESOLUTION #09235
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: FISCAL YEAR 2010 GENERAL APPROPRIATIONS ACT AND 2010 COUNTY GENERAL
PROPERTY TAX RATES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in accordance with the provisions of Public Act 139 of 1973, the Unified Form of County
Government Act, and Public Act 621 of 1978 (as amended by P.A. 493 of 2000), the Uniform Budgeting
and Accounting Act for Local Government, it is the responsibility of the Oakland County Board of
Commissioners to establish and adopt the annual County Budget and work program; and
WHEREAS the Finance Committee received budget requests from all County Departments, and has
reviewed in detail the County Executive's Fiscal Year 2010 Budget Recommendation; and
WHEREAS the Finance Committee, after due deliberation, has formulated a Recommended General
Appropriations Act balancing total appropriations with available resources at $819,382,627 for Fiscal Year
2010, a summary of which was included in the Notice of Public Hearing published in newspapers of
general circulation; and
WHEREAS the further intent of this resolution is to maintain a budgetary system for the County of
Oakland on the same basis of accounting (generally accepted accounting principles) as the actual
financial information is maintained; to define the powers and duties of the County's officers in relation to
that system; to designate the Chief Administrative Officer and Fiscal Officer; and to provide that the Board
of Commissioners and committees thereof, as well as the Fiscal Officer, shall be furnished with
information by the departments, boards, commissions and offices relating to their financial needs,
revenues and expenditures/expenses, and general affairs; to prescribe a disbursement procedure, to
provide for an allotment system; and to provide remedies for refusal or neglect to comply with the
requirements of this resolution; and
WHEREAS the Circuit Court Mediation Fund (Miscellaneous Resolution #90177) is used to cover the total
cost of Attorney Mediators, with the balance to be used for enhancement of Court operations as
requested by the Court and approved by the Board of Commissioners; and
WHEREAS the Board of Commissioners supports the concept of cultural diversity training for Oakland
County employees and requires all supervisory, division manager and director level employees to attend
cultural diversity training.
NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners does hereby adopt
and amend the Fiscal Year 2010 General Appropriations Act recommended by the Finance Committee as
advertised and placed in the Clerk's Office for public inspection.
BE IT FURTHER RESOLVED that $540,000 of Cigarette Tax Revenue distributed by the State to
Oakland County under the authority of the Health and Safety Fund Act, P.A. 264 of 1987, be divided
between the Health Division (12/17 or $381,176) and the Sheriff's Department (5/17 or $158,824).
BE IT FURTHER RESOLVED that funds from the Civil Mediation Account (10100-240201) be utilized to
cover the total costs incurred in Fiscal Year 2010 for the Civil Mediation Program.
BE IT FURTHER RESOLVED that the following policy be established regarding administration of the
Delinquent Tax Revolving Fund:
1. The Delinquent Tax Revolving Fund (DTRF) was established in accordance with the provisions of
Public Act 206 of 1893 (as amended) for the purpose of paying local taxing units within the
County their respective shares of delinquent ad valorem real property taxes, in anticipation of the
collection of those taxes by the County Treasurer. This policy statement, which encompasses the
precept of self-funding, ensures that utilization of unrestricted DTRF funds does not impair the
functional intent or operational success of the DTRF as originally established.
2. To that end, at no time shall funds be diverted from the DTRF that would cause the unrestricted
balance to fall below a level that would assure a prompt payment of all current and future
outstanding General Obligation Limited Tax Notes, as well as assure the continued operation of
the DTRF as specified in the preceding paragraph.
3. Penalties and investment interest generated by the DTRF may be transferred, in whole or in part,
to the General Fund of the County upon majority vote of the Board of Commissioners so long as
such transfer(s) meets the provisions of paragraph #2 above.
Commissioners Minutes Continued. September 24, 2009
701
4. Any and all appropriations from unrestricted DTRF funds, excepting penalties and investment
interest, shall be limited to one-time expenditures, as opposed to recurring operations.
5. Unless otherwise specified, appropriations from the DTRF shall be considered long- or short-term
advances (with specific time frames detailed in the authorizing resolution), to be repaid with
interest as specified below.
6. Any appropriations from unrestricted DTRF funds, excepting penalties and investment interest,
not considered advances to be repaid within a time certain shall require a two-thirds majority vote
of the Board of Commissioners.
7. All appropriations from unrestricted DTRF funds considered to be advances to be repaid within a
time certain shall require a majority vote of the Board of Commissioners.
8. Terms and conditions of any and all advances from the DTRF shall be specified in the authorizing
resolution, including interest obligations detailed as follows:
a. Interest on each payment will be based on the average monthly rate paid during the term of
the agreement by the agent of the DTRF for that year's outstanding borrowing; or
b. In the event no borrowing occurs for the DTRF, principal and interest payments will be made
in accordance with the previously established "Loan of County Funds Policy" (Miscellaneous
Resolution #89276) which requires Board approval of repayment terms at an interest rate no
less than the prevailing six-month Treasury Bill rate and that such rates shall be computed
and compounded quarterly.
BE IT FURTHER RESOLVED that $21,650,000 in DTRF interest earnings will be transferred to the
General Fund to support General Fund/General Purpose activities.
BE IT FURTHER RESOLVED that an indirect cost charge will be billed by the General Fund to the DTRF,
in accordance with Oakland County’s approved Central Services Indirect Cost Allocation Plan.
BE IT FURTHER RESOLVED that $1,450,000 (or one-half of the $2,900,000 convention facility tax
revenues distributed by the State to Oakland County under the authority of the State Convention Facility
Development Act, P.A. 106 of 1985, be earmarked for substance abuse programs.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners, in accordance with the
requirements of Public Act 214 of 1899, as amended, authorizes that .0004 mills Current Property Tax
Levy be designated for the purpose of funding Veterans' Services Soldier Relief.
BE IT FURTHER RESOLVED that each Supervisor of the various townships and Assessing Officers of
the several cities of Oakland County are authorized and directed to spread on their respective township of
city tax rolls for the year 2010 a County General Property Tax Levy of 4.1900 Mills to be applied to the
2010 Taxable Value of all property located within their respective jurisdictions.
BE IT FURTHER RESOLVED that the Manager - Equalization perform the function of Equalization
Director including the examination of the assessment rolls of the several townships and cities within
Oakland County to ascertain whether the real and personal property in the respective townships and
cities has been equally and uniformly assessed at 50% of true cash value and to make recommendation
to that fact to the County Board of Commissioners.
BE IT FURTHER RESOLVED that:
1. The County Executive is hereby designated the Chief Administrative Officer of the County of Oakland
and, further, that the Director of Management and Budget shall perform the duties of the Fiscal Officer
as specified in this resolution.
2. The Fiscal Officer shall provide an orientation session and written instructions for preparing
department budget requests. These instructions shall include information that the Fiscal Officer
determines to be useful and necessary to assure that the budgetary estimates of the agencies are
prepared in a consistent manner and the needs of the Board of Commissioners and Committees are
met.
3. Any offices, departments, commissions and boards of the County of Oakland financed in whole or in
part by the County of Oakland shall transmit to the Fiscal Officer their estimates of the amounts of
money required for each activity in their respective agencies, as well as their estimate of revenues
that will be generated from charges for services. They shall also submit any other information
deemed relevant by the Fiscal Officer and/or the Board of Commissioners and committees thereof.
4. The Fiscal Officer shall prescribe forms to be used by the offices, departments, commissions and
boards of the County of Oakland in submitting their budget estimates and shall prescribe the rules
and regulations the Fiscal Officer deems necessary for the guidance of officials in preparing such
budget estimates. The Fiscal Officer may require that the estimates be calculated on the basis of
Commissioners Minutes Continued. September 24, 2009
702
various assumptions regarding level of service. The Fiscal Officer may also require a statement for
any proposed expenditure and a justification of the services financed.
5. The Fiscal Officer shall prepare estimates of revenue for each budgeted fund, classified to show in
detail the amount expected to be received from each source. Estimates of expenditures and
revenues shall also be classified by character, object, function and activity consistent with the
accounting system classification.
6. The Fiscal Officer shall review the agency estimates with a representative from each agency of the
County of Oakland that has submitted such estimates. The purpose of the review shall be to clarify
the estimates, ensure the accuracy, and to determine their adherence to the policies previously
enumerated by the Fiscal Officer and the Board of Commissioners or committees thereof as herein
required.
7. The Fiscal Officer shall consolidate the estimates received from the various agencies together with
the amounts of expected revenues and shall make recommendations relating to those estimates
which shall assure that the total of estimated expenditures including an accrued deficit does not
exceed the total of expected revenues including an unappropriated surplus.
8. The recommended budget shall include at least the following:
(a) Expenditure data for the most recently completed fiscal year and estimated expenditures, or
amended budget, for the current fiscal year,
(b) An estimate of the expenditure amounts required to conduct, the government of Oakland County,
including its budgetary centers,
(c) Revenue data for the most recently completed fiscal year and estimated revenues, or amended
budget, for the current fiscal year,
(d) An estimate of revenues, by source, to be raised or received by Oakland County in the ensuing
fiscal years,
(e) The amount of surplus or deficit from prior fiscal years, together with an estimate of the amount of
surplus or deficit expected in the current fiscal year,
(f) An estimate of the amount needed for deficiency, contingent or emergency purposes and the
amounts needed to pay and discharge the principal and interest of the debt of Oakland County
due in the ensuing fiscal years,
(g) The amount of proposed capital outlay expenditures, except those financed by enterprise, capital
projects, or internal service funds, including the estimated total costs and proposed method of
financing of each capital construction project and the projected additional annual operating cost
and the method of financing the operating costs of each capital construction project for three (3)
years beyond the fiscal year covered by the budget,
(h) An informational summary of projected revenues and expenditures/expenses of any capital
projects, internal service, and enterprise funds,
(i) A comparison of the revenue and expenditure amounts in the recommended budget to the most
recently approved budget adopted by the Board of Commissioners with appropriate explanation
of the variances,
(j) Any other data relating to fiscal conditions that the Fiscal Officer or the Board of Commissioners
or committees thereof consider to be useful in evaluating the financial needs of the County.
9. Not less than ninety (90) days before the next succeeding fiscal year, the County Executive shall
transmit the recommended budget to the County Board of Commissioners. The recommended
budget shall be accompanied by:
(a) A proposed general appropriations measure, consistent with the budget, which shall set forth the
anticipated revenue and requested expenditure/expense authority in such form and in such detail
deemed appropriate by the Board of Commissioners or committees thereof. No appropriations
measure shall be submitted to the Board of Commissioners in, which estimated total
expenditures/expenses, including an accrued deficit, exceed estimated total revenues, including
an available surplus.
(b) A budget message which shall explain the reasons for increases or decreases in budgeted items
compared with the current fiscal year, the policy of the County Executive as it relates to important
budgetary items, and any other information that the County Executive determines to be useful to
the Board of Commissioners in its consideration of proposed appropriations.
(c) A comparison of the recommended budget to the most recently approved current year budget,
together with an analysis and explanation of the variances therefrom, such variances being
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divided to show the portion attributable to the current year budget amendments and the portion
resulting from the recommended budget.
10. The County Board of Commissioners, or any committee thereof, may direct the County Executive
and/or other elected officials to submit any additional information it deems relevant in its consideration
of the budget and proposed appropriations measure. The Board of Commissioners or the
committees thereof may conduct budgetary reviews with the Fiscal Officer, and/or County
departments and divisions or agencies, etc., for the purpose of clarification or justification of proposed
budgetary items.
11. The County Board of Commissioners may revise, alter, or substitute for the proposed general
appropriations measure in any way, except that it may not change it in a way that would cause total
appropriations, including an accrued deficit, to exceed total estimated revenues, including an
unappropriated surplus. An accrued deficit shall be the first item to be resolved in the general
appropriations measure.
12. The County Board of Commissioners shall fix the time and place of a public hearing to be held on the
budget and proposed appropriations measure. The Clerk/Register shall then have published, in a
newspaper of general circulation within the County of Oakland, notice of the hearing and an indication
of the place at which the budget and proposed appropriations measure may be inspected by the
public. This notice must be published at least seven days before the date of the hearing.
13. No later than September 30, the Board of Commissioners shall pass a general appropriations
measure providing the authority to make expenditures and incur obligations on behalf of the County
of Oakland. The supporting budgetary data to the general appropriations measure shall include at
least the following:
(a) Expenditure data for the most recently completed fiscal year,
(b) The expenditures budget as originally adopted by the Board of Commissioners for the current
fiscal year,
(c) The amended current year appropriations,
(d) An estimate of the expenditure amounts required to conduct, the government of Oakland County,
including its budgetary centers,
(e) Revenue data for the most recently completed fiscal year and estimated revenues, or amended
budget, for the current fiscal year,
(f) Budgeted revenue estimates as originally adopted by the Board of Commissioners for the current
fiscal year,
(g) The amended current year Budgeted revenues,
(h) An estimate of revenues, by source, to be raised or received by Oakland County in the ensuing
fiscal year,
(i) The amount of surplus or deficit from prior fiscal years, together with an estimate of the amount of
surplus or deficit expected in the current fiscal year,
(j) An estimate of the amount needed for deficiency, contingent on emergency purposes, and the
amounts needed to pay and to discharge the principal and interest of the debt of Oakland County
due in the ensuing fiscal year,
(k) The amount of proposed capital outlay expenditures, except those financed by enterprise, capital
project, or internal service funds, including the estimated total costs and proposed method of
financing of each capital construction project and the projected additional annual operating cost
and the method of financing the operating costs of each capital construction project for three (3)
years beyond the fiscal year covered by the budget,
(l) An informational summary of projected revenues and expenditures/expenses of capital projects,
internal service, and enterprise funds,
(m) Any other data relating to fiscal conditions that the Board of Commissioners considers to be
useful in considering the financial needs of the County,
(n) Printed copies of the Board of Commissioners Adopted Budget, Financial Plan or any facsimile
thereof shall contain all of the above data unless otherwise approved by the Board of
Commissioners,
14. The Board of Commissioners may authorize transfers between appropriation items by the County
Executive or Fiscal Officer within limits stated in the appropriations measure. In no case, however,
may such limits exceed those provided for in paragraph #22 and #23 of this resolution.
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15. A deviation from the original general appropriations measure shall not be made without first amending
the general appropriations measure through action by the Board of Commissioners, except within
those limits provided for in paragraph #16 of this resolution.
16. Appropriations accumulated at the following three summary levels of expenditure within each County
Department will be deemed maximum authorization to incur expenditures: Personnel Expenditures,
Operating Expenditures, and Internal Support Expenditures. The County Executive or the Fiscal
Officer shall exercise supervision and control of all budgeted expenditures within these limits, holding
expenditures below individual line-item appropriations or allowing overruns in individual line-items
providing that at no time shall the net expenditures exceed the total appropriation for Personnel and
Operating Expenses, respectively, for each department as originally authorized or amended by the
Board of Commissioners. Further, Personnel Expenses are authorized only for positions specifically
authorized pursuant to this Act as adopted and amended by Board of Commissioner resolution, and
appropriated overtime, holiday overtime, on-call pay, shift premium summer help, emergency
salaries, and any adjustments required by collective bargaining agreements. The Fiscal Officer shall
submit to the Finance Committee a quarterly listing of new governmental funded appropriations and
internal service fund line items created administratively which were not properly classifiable. Line-
item detail, division, unit or cost center detail and allotments, which provide a monthly calendarization
of annual appropriations, as deemed necessary by the Fiscal Officer shall be maintained and utilized
as an administrative tool for management information and cost control. The Fiscal Officer shall not
approve any expenditure beyond that necessary to accomplish stated program or work objectives
authorized in the general appropriation measure as originally approved unless amended, in which
case the amendment takes precedence.
17. In order to amend the General Appropriations Act the amendment must specifically identify the fund,
department, division, unit, program and account affected by the amendment. Additionally, if the
amendment increases an appropriation, the source of funding for that additional appropriation,
whether an increase in revenue or an offsetting decrease in expenditure, must be presented as part
of the amendment.
18. The Fiscal Officer shall maintain, for all budgeted funds, appropriation ledger accounts in which are to
be recorded such expenditure encumbrances and obligations for the future payment of appropriated
funds as the Fiscal Officer may approve.
19. Each purchase order, voucher or contract of Oakland County shall specify the funds and
appropriation designated by number assigned in the accounting system classification from which it is
payable and shall be paid from no other fund or appropriation. The necessary amount of the
appropriation from such account shall be transferred pursuant to the provisions of this resolution to
the appropriate general appropriation account and the expenditure then charged thereto.
20. No obligation shall be incurred against, and no payment shall be made from, any appropriation
account unless there is a sufficient unencumbered balance in the appropriation and sufficient funds
are or will be available to meet the obligation. All capital projects funded from the Capital
Improvement Fund shall require approval of the Board of Commissioners on recommendation of the
appropriate liaison committee (Planning and Building Committee) prior to initiation of the project. Any
obligation incurred or payment authorized in violation of this resolution shall be void and any payment
so made illegal except those otherwise ordered by court judgment or decree.
21. The Fiscal Officer, after the end of each quarter, shall transmit to the Board of Commissioners a
report depicting the financial condition of budgeted operations, including, but not limited to:
(a) A forecast of actual revenues by major source compared with budgeted revenues accompanied
by an explanation of any significant variances,
(b) A forecast of actual expenditures and encumbrances by department compared with authorized
appropriations accompanied by an explanation of any significant variances, and
(c) A forecast of actual expenditures, encumbrances and transfers from each of the several non-
departmental appropriations accounts compared with authorized appropriations accompanied by
an explanation of any significant variances.
22. Direct expenditure and/or transfers of any unencumbered balance or any portion thereof in any
appropriation for transfer account to any other appropriations account may not be made without
amendment of the general appropriation measure as provided for in this resolution, except that
transfers within and between budgeted funds and departments may be made by the Fiscal Officer in
the following instances:
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705
(a) Transfers may be made from the non-departmental overtime account and fringe benefit
adjustment account to the appropriate departmental budget as specific overtime requests are
reviewed and approved by the Fiscal Services Division. Additionally, overtime appropriations
may be transferred between divisions within a department at the request of the Department Head,
if authorized by the Fiscal Officer or his designee.
(b) Transfers may be made from the non-departmental appropriation accounts for Maintenance
Department Charges and Miscellaneous Capital Outlay to the appropriate departmental budget
as specific requests for these items are reviewed and approved by the Fiscal Officer.
(c) Transfers may be made from the non-departmental appropriation accounts Emergency Salaries
and Summer Help as specific requests for these items are reviewed and approved by the Human
Resources Department.
(d) Transfers may be made from salary and fringe benefit savings, resulting from use of Merit System
Administrative Leave without Pay provisions, from departmental budgets to a non-departmental
Administrative Leave account. Quarterly reports identifying such transfers and detailing the
status of the non-departmental Administrative Leave account shall be provided to the appropriate
Board committees.
(e) Fringe benefit rates shall be established annually in the budget process to charge all General
Fund/General Purpose, Special Revenue and Proprietary funds for actual employer fringe benefit
costs. Such rates shall be sufficient to meet all fringe benefit costs including sick leave and
annual leave accumulations, tuition reimbursement, employee training, retirees' medical, required
debt service on the Intermediate Retiree Medical Benefit Trust established pursuant to M.R.
07147, and retirement administration. All funds collected for Retirement, Tuition Reimbursement,
Social Security (FICA), Medical for active and retired employees, Disability, Dental, Optical, and
Life and Accident Insurance shall be transferred to the Employee Fringe Benefit Fund as
established by Miscellaneous Resolution #81-312. Sufficient funds shall be maintained in the
Employee Fringe Benefit Fund liability account for sick leave and annual leave to cover the
accumulated liability at an amount equal to 50% of the sick leave accumulation and 100% of the
annual leave accumulation, including applicable Social Security (FICA) taxes thereon. All funds
collected by Workers' Compensation and Unemployment Compensation shall be transferred to
the Fringe Benefit Fund as established by Miscellaneous Resolution #81-012 and modified by
Miscellaneous Resolution #96-024.
(f) The transfer of funds to the Capital Improvement Fund and Building Fund shall not be made prior
to September 30, without approval from the Finance Committee of the Board of Commissioners.
(g) Transfers (advances) may be made as necessary from the Drain Revolving Fund to Drain
Construction Funds and Drain Maintenance Funds as short term advances for costs incurred
such as preliminary engineering fees and ongoing maintenance costs. Costs incurred by Drain
Maintenance Funds and Drain Construction Funds will be repaid by the Drain Fund through
assessments. Specific requests will be reviewed and approved by the Fiscal Officer.
(h) A transfer of any or all of the appropriation allocated under the Non-Departmental account for
Legislative Expense (#10100-9090101-196030-731080) shall not be made to any departmental
budget without adoption of an Oakland County Board of Commissioners resolution.
23. The Board of Commissioners may make supplemental appropriations by amending this general
appropriations measure as provided by this resolution, provided that revenues in excess of those
anticipated in the original general appropriations measure become available due to:
(a) An unobligated surplus from prior years becoming available;
(b) Current year revenue exceeding original estimate in amounts sufficient enough to finance
increased appropriations. The Board of Commissioners may make a supplemental appropriation
by increasing the dollar amount of an appropriation item in the original general appropriations
measure or by adding additional items. At the same time the estimated amount from the source of
revenue to which the increase in revenue may be attributed shall be increased, or other source
and amount added in a sum sufficient to equal the supplemental expenditure amount. In no case
may such appropriations cause total estimated expenditures, including an accrued deficit, to
exceed total estimated revenues, including an unappropriated surplus.
24. Whenever it appears to the County Executive or the Board of Commissioners that actual and
probable revenues in any fund will be less than the estimated revenues upon which appropriations
from such fund were based, the County Executive shall present to the Board of Commissioners
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recommendations which, if adopted, will prevent expenditures from exceeding available revenues for
the current fiscal year. Such recommendations shall include proposals for reducing appropriations,
increasing revenues, or both. After receiving the recommendations of the County Executive for
bringing appropriations into balance with estimated revenues, the Board of Commissioners shall
amend the general appropriations measure to reduce appropriations or shall approve such measures
necessary to provide revenues sufficient to equal appropriations, or both.
25. All appropriations are annual and the unexpended portion shall lapse at year-end. Encumbrances
and appropriations carried forward shall be recorded as a designated fund balance, and the
subsequent year's budget amended to provide authority to complete these transactions.
Appropriations shall not be carried forward for more than six (6) months into the budget year following
the year in which they were originally appropriated. A status report on Appropriations Carried
Forward, as required by Miscellaneous Resolution #93-156, will be incorporated as an integral part of
the ensuing year's Second Quarter Financial Forecast for the purposes of determining their
continuation for the remainder of the year. The recommended year-end budget amendment shall be
supported with a statement of revenues and expenditures and operating surplus or deficit which shall
contain the following data: (1) budget as adopted; (2) budget amendments; (3) budget as adjusted;
(4) revenues and expenditures, operating surplus or deficit; (5) accrued revenue and expenditures;
(6) transfers; (7) total revenues and expenditures and transfers, operating surplus or deficit, including
accruals and transfers; (8) encumbrances; (9) appropriations carried forward; (10) total revenues and
appropriations utilized, operating surplus or deficit, including encumbrances and appropriations
carried forward; (11) balance of revenues not collected, unencumbered appropriation balance,
operating surplus or deficit; (12) detail of adjustments to designated and undesignated fund balance,
detail of adjustment to reserves and/or any other utilization of surplus; (13) final surplus or deficit or
undesignated fund balance carried forward to the subsequent year's budget.
26. A member of the Board of Commissioners, the County Executive, any elected officer, the Fiscal
Officer, any other administrative officer or employee of Oakland County shall not: (1) create a debt,
incur a financial obligation on behalf of the County against an appropriation account in excess of the
amount authorized, (2) apply or divert money of the County for purposes inconsistent with those
specified in this general appropriations measure as approved and amended by the Board of
Commissioners, nor (3) forgive a debt or write off an account receivable without appropriate
authorization of the Board of Commissioners, as described in Miscellaneous Resolution #93-135.
Specifically, application of the foregoing Bad Debt Write Off Policy shall be invoked for all amounts in
excess of $1,000; transactions of a lesser amount shall be considered within the administrative
authority of the Fiscal Officer. Furthermore, the Fiscal Services Division must submit to the Board of
Commissioners, as part of the quarterly financial report, a listing of all bad debt write offs occurring
during the preceding three months. In addition, transactions relating to Inmate Prisoner Billings which
are billed in excess of ability to pay, as determined by the Fiscal Services Division, are hereby
authorized to be adjusted in accordance with Public Act 212 of 1994 with the resultant amount of the
write-off subsequently reported to the Board of Commissioners as part of the Quarterly Financial
Report. Also, within the administrative authority of the Fiscal Officer and with the general approval of
the Court, Circuit Court and Probate Court financial orders for $2,500 or less may be reduced and
amended by the Fiscal Services Division based on an individual’s ability to pay. Waiver of fees in
excess of $2,500 shall require the approval of the Court. Except as otherwise stated in the General
Appropriations Act, funds shall not be expended without specific appropriation or other appropriate
action by the Board of Commissioners from reserved, designated or undesignated fund equity; from
balance sheet accounts for the purchase of fixed assets not cited in paragraph 26 of the General
Appropriations Act, non-routine prepaid items or non-routine obligations related to a specific
appropriation; or from funds not budgeted.
27. All Internal Service Fund budgets that have depreciable assets shall have a capital budget with detail
supporting the amount of annual depreciation therein included, as well as a fiscal plan for replacing,
upgrading or disposing of those assets.
28. The budgetary system shall be maintained on the same basis of accounting (generally accepted
accounting principles) as the actual financial information is maintained.
29. Any violation of the general appropriations measure by the County Executive, the Fiscal Officer, any
administrative officer, employee or member of the Board of Commissioners detected through
application of generally accepted accounting procedures utilized by Oakland County or disclosed in
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an audit of the financial records and accounts of the County shall be filed with the State Treasurer
and reported by the State Treasurer to the Attorney General. Pursuant to Public Act 621 of 1978, the
Uniform Budgeting Act, the Attorney General shall review the report and initiate appropriate action
against the person or persons in violation. For use and benefit of the County of Oakland, the Attorney
General or Prosecuting Attorney may institute a civil and/or criminal action in a court of competent
jurisdiction for the recovery of County funds disclosed by an examination to have been illegally
expended or collected as a result of malfeasance, and for the recovery of public property disclosed to
have been converted or misappropriated.
30. The provisions of this act shall be applied to the General Fund and all Special Revenue and
Proprietary Funds of the County, including Enterprise Funds and Internal Service Funds.
BE IT FURTHER RESOLVED that as a condition of appropriation to a Community Mental Health
Authority, the Community Mental Health Authority shall submit to an annual performance audit by an
entity to be selected by the Board of Commissioners with the parameters of said annual performance
audit to be determined by the County’s Audit Committee.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution which
embodies the Fiscal Year 2010 General Appropriations Act as detailed in the Fiscal Year 2010 Budget
document, including subsequent amendments.
FINANCE COMMITTEE
Moved by Middleton supported by Gingell the resolution be adopted.
Moved by Middleton supported by Gingell the Human Resources Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Discussion followed.
Moved by Coulter supported by Zack the resolution be amended as follows:
I move to amend the County Executive’s Recommended Budget to eliminate the proposed
budgeted cut in salary of all county employees by 2.5% in 2010, eliminating an anticipated
$5,326,939 in savings otherwise realized. To replace these savings, I move that the
administration propose a plan to the Board of Commissioners as soon as reasonably possible for
mandatory furlough days for all General Fund/General Purpose Full-Time Eligible position
employees in a manner least disruptive to the delivery of county services to residents. This
motion does not affect the proposed budgeted reduction of 2.5% for all vacant and under-filled
FTE positions, nor does it affect the proposed 2.5% salary reduction for all employees in FY
2011.
Discussion followed.
Vote on amendment:
AYES: McGillivray, Nash, Schwartz, Woodward, Zack, Burns, Coleman, Coulter, Gershenson,
Greimel, Hatchett, Jackson. (12)
NAYS: Long, Middleton, Potter, Potts, Runestad, Scott, Taub, Bullard, Capello, Douglas, Gingell,
Gosselin, Jacobsen. (13)
A sufficient majority not having voted in favor, the amendment failed.
Discussion followed.
Commissioners Minutes Continued. September 24, 2009
708
Vote on resolution:
AYES: McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward,
Zack, Bullard, Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin,
Greimel, Hatchett, Jackson, Jacobsen, Long. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was adopted.
REPORT (MISC. #09161)
BY: Finance Committee, Thomas Middleton, Chairperson
IN RE: BOARD OF COMMISSIONERS – URGE COUNTY COMMISSIONERS TO VOLUNTARILY
REDUCE THEIR FY 2010 AND FY 2011 PAY AT THE SAME RATE AS COUNTY EMPLOYEES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed the above-referenced resolution on September 17, 2009,
reports with the recommendation that the following amendments be made:
NOW THEREFORE BE IT RESOLVED that if the County Board of Commissioners
adopts a 2010, 2011, 2012 budget that includes the across the board pay reductions for
all county employees, that all County Commissioners are strongly urged to voluntarily
return to Oakland County the same percentage cut in net gross pay imposed on county
employees, starting October 1, 2009 as well any additional cut in net pay beginning
October 1, 2010 starting with the pay period beginning September 26, 2009.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
hereby sets the salary for the 2011 and 2012 County Commissioner term of office
as a “me too” consistent with the same percentage of salary decrease imposed
upon Oakland County employees for 2011 and the same amount of increase or
decrease provided to Oakland County employees in 2012.
Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report.
FINANCE COMMITTEE
REPORT (MISC. #09161)
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
IN RE: BOARD OF COMMISSIONERS – URGE COUNTY COMMISSIONERS TO VOLUNTARILY
REDUCE THEIR FY 2010 AND FY 2011 PAY AT THE SAME RATE AS COUNTY EMPLOYEES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Human Resources Committee having reviewed MR #09161 on August 26, 2009 reports with the
recommendation the resolution be amended as follows:
“NOW THEREFORE BE IT RESOLVED that if the County Board of Commissioners adopts a 2010,
2011, 2012 budget that includes the across the board pay reductions for all county employees, that all
County Commissioners are strongly urged to voluntarily return to Oakland County the same
percentage cut in net gross pay imposed on county employees, starting October 1, 2009 as well any
additional cut in net pay beginning October 1, 2010, for the year 2010.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby sets the
salary for the 2011 and 2012 County Commissioner term of office as a “me too” consistent with the
same percentage of salary decrease imposed upon Oakland County employees for 2011 and the
same amount of increase or decrease provided to Oakland County employees in 2012.
Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing
report.
HUMAN RESOURCES COMMITTEE
Commissioners Minutes Continued. September 24, 2009
709
MISCELLANEOUS RESOLUTION #09161
BY: Commissioners Bill Bullard Jr., Michael Gingell, David Coulter, Tim Greimel, Shelley Taub, Steven
Schwartz, Thomas Middleton, Bradford Jacobsen, Jim Runestad, Sue Ann Douglas, Jeff Potter, Kim
Capello, Robert Gosselin, Eric Coleman, Tim Burns
IN RE: BOARD OF COMMISSIONERS – URGE COUNTY COMMISSIONERS TO VOLUNTARILY
REDUCE THEIR FY 2010 AND FY 2011 PAY AT THE SAME RATE AS COUNTY EMPLOYEES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the effects of Michigan’s recession continues to negatively impact the economy and lives of
all of our citizens; and
WHEREAS the economic downturn has had a devastating effect on home and property values resulting
in a reduced tax base which the county relies on for a significant portion of it’s General Fund operating
revenue; and
WHEREAS the anticipated State Taxable Value (STV) for FY 2010 is 13% less than the prior year, and
FY 2011 is expected to be an additional 12% less and, FY 2012 expected to be further 5% reduction; and
WHEREAS the County Executive’s Recommended Budget for 2010, 2011, and 2012 incorporates
substantial expenditure reductions for those years in order to maintain a balanced budget; and
WHEREAS among those recommendations are a 2.5% across the board reduction in pay for all
employees for FY 2010, and an additional 2.5% pay reduction in FY 2011; and
WHEREAS by law elected official’s compensation cannot be reduced during their term of office; and
WHEREAS the Board of Commissioners voted to forgo 1% pay increases and freeze their salaries in FY
2009 and FY 2010; and
WHEREAS the County Executive has indicated he will voluntarily reduce his pay by 2.5% in 2010, and
2.5% in 2011.
NOW THEREFORE BE IT RESOLVED that if the County Board of Commissioners adopts a 2010, 2011,
2012 budget that includes the across the board pay reductions for all county employees, that all County
Commissioners are strongly urged to voluntarily return to Oakland County the same percentage cut in net
pay imposed on county employees, starting October 1, 2009 as well any additional cut in net pay
beginning October 1, 2010.
Chairperson, we move the foregoing resolution.
BILL BULLARD, MICHAEL GINGELL, DAVID
COULTER, THOMAS MIDDLETON, SHELLEY
TAUB, STEVEN SCHWARTZ, TIM GREIMEL,
BRADFORD JACOBSEN, JIM RUNESTAD,
SUE ANN DOUGLAS, JEFF POTTER, MARCIA
GERSHENSON, ROBERT GOSSELIN, ERIC
COLEMAN, DAVID POTTS, JOHN SCOTT,
CHRISTINE LONG, HELAINE ZACK, DAVID
WOODWARD, JIM NASH, GARY
McGILLIVRAY, MATTIE HATCHETT, JANET
JACKSON, KIM CAPELLO, TIM BURNS
Copy of Payroll Deduction Authorization and memo from Tim Soave, Manager, Fiscal Services Division
on file in County Clerk’s office.
FISCAL NOTE (MISC. #09161)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: BOARD OF COMMISSIONERS – URGE COUNTY COMMISSIONERS TO VOLUNTARILY
REDUCE THEIR FY 2010 AND FY 2011 PAY AT THE SAME RATE AS COUNTY EMPLOYEES
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 Board of Commissioners authorizes to voluntarily contribute a 2.5%
portion of their salary for FY 2010 and FY 2011 to the County.
Commissioners Minutes Continued. September 24, 2009
710
2. 2.5% of the 2010 Commissioners’ salary equals $845 annually and 2.5% of the planned
2011 Commissioners’ salary equals $823 annually.
3. If all twenty-five (25) Commissioners made a voluntary annual contribution to the County,
this would result in revenue of $15,844 for FY 2010 and $20,700 for FY 2011.
4. A budget amendment will be made to amend the FY 2010 and FY 2011 budget with the
first quarter forecast when a final amount is determined.
FINANCE COMMITTEE
Moved by Douglas supported by Potter the resolution (with fiscal note attached) be adopted.
Moved by Douglas supported by Potter the Finance Committee and the Human Resources Committee
Reports be accepted.
A sufficient majority having voted in favor, the reports were accepted.
Moved by Douglas supported by Potter the resolution be amended to coincide with the recommendation
in the Finance Committee Report.
Discussion followed.
A sufficient majority having voted in favor, the amendment carried.
Discussion followed.
Vote on resolution, as amended:
AYES: Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack,
Bullard, Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel,
Hatchett, Jackson, Jacobsen, Long, McGillivray. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution (with fiscal note attached), as amended, was
adopted.
The Board adjourned at 12:08 p.m. to the call of the Chair or October 14, 2009, at 7:00 p.m.
RUTH JOHNSON BILL BULLARD, JR.
Clerk Chairperson